Banning City Council
June 9, 2026

RESOLUTION 2026-89

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING,

CALIFORNIA, ESTABLISHING A CONTINUING BUDGET AND

AUTHORIZING CITY EXPENDITURES/APPROPRIATIONS UNTIL THE
OPERATING BUDGET IS ADOPTED FOR FISCAL YEAR 2026-2027, NO LATER THAN SEPTEMBER 30, 2026
WHEREAS, the City Council of the City of Banning ("City") is responsible for adopting operating budgets for the City; and
WHEREAS, the City Council passed the Fiscal Year 2025-2026 Operating Budget; and WHEREAS, the City Manager has provided a workout plan update at each City Council Meeting regarding the financial situation of the General Fund; and
WHEREAS, the workout plan requires a General Fund balanced budget to be presented for approval using only reoccurring revenues. Staff is evaluating all revenues and expenditures to determine what expenses can remain in the Fiscal Year 2026-2027 Operating Budget; and WHEREAS, the City requires the continued provision of municipal services and the payment of lawful obligations pending final adoption of the 2026-2027 Fiscal Year – Annual Operating Budget; and WHEREAS, with the assistance of City staff, the City Council will be working on developing and reviewing the Fiscal Year 2026-2027 Operating Budget and Capital Improvement schedules and has directed that expenditures/appropriations continue at the same Fiscal Year 2025-2026 Adopted Budget levels until the Fiscal Year 2026-2027 Operating Budget has been adopted; and WHEREAS, the City Council finds that authorization of a continuing budget and expenditures/appropriations until the Council adopts a Fiscal Year 2026-2027 Operating Budget for a period extending through September 30, 2026, is necessary to preserve the public health, safety, and welfare and ensure continuity of governmental operations.

WHEREAS, expenditures during this period shall be controlled through a prorated funding rate, based on the Fiscal Year 2025-2026 Adopted Budget, for the duration necessary until a balanced budget is submitted to City Council for consideration; and
WHEREAS, the City Manager will present a balanced budget for the City Council for consideration no later than September 30, 2026.

NOW THEREFORE, the City Council of the City of Banning does hereby ordain as follows:

SECTION 1. RECITALS. The foregoing recitals are true and correct and are incorporated herein by this reference.

SECTION 2. CONTINUING BUDGET AUTHORITY. The City Council hereby authorizes a continuing budget and spending/appropriation authority commencing on July 1, 2026, continuing through September 30, 2026, when the City Council adopts the Fiscal Year 2026-2027 Operating Budget. 582
Resolution _____

SECTION 3. Authorized Expenditures. During the period of the continuing budget and appropriations, the City Manager, or designee, is authorized to incur expenditures and obligations at one quarter (1/4) of the prior year’s level of spending that are necessary for the continued operation of the City, including the following:

A. Expenditures necessary to meet payroll, employee benefits, debt service obligations, insurance premiums, utilities, contractual obligations, grant-funded activities, emergency expenditures, and other legally required payments and other expenses needed for the essential functions of the City as determined by the City Manager.

B. Capital improvement projects and capital purchases may proceed to the extent previously authorized by the City Council, required by contract, supported by restricted funds, necessary to protect public health, safety and welfare, or approved by the City Manager.

SECTION 4. REVENUE COLLECTION AND ADMINISTRATION. The City Manager and other authorized officers are directed to continue the collection, receipt, deposit, accounting, and administration of all City revenues in accordance with applicable law and City policies.

SECTION 5. BUDGET ADOPTION. Nothing in this Resolution shall be construed as adopting the Fiscal Year 2026-2027 Operating Budget. The City Council intends to consider and adopt the annual budget as soon as practicable.

SECTION 6. SEVERABILITY. If any provision of this Resolution or its application to any person or circumstance is held invalid, the remainder of this Resolution, including the application of its provisions to other persons or circumstances, shall not be affected and shall continue in full force and effect.

SECTION 7. EFFECTIVE DATE OF RESOLUTION. That this Resolution shall take effect immediately upon its adoption.
.

SECTION 8. CERTIFICATION. That the City Clerk shall certify the passage of this Resolution and shall cause the same to be published according to law.

PASSED, APPROVED, AND ADOPTED this 9th day of June, 2026.

Richard Royce, Mayor
City of Banning
ATTEST:

Sandra Calderon, Deputy City Clerk
City of Banning
583
Resolution _____

APPROVED AS TO FORM:

John Pinkney, City Attorney
Slovak, Baron, Empey, Murphy & Pinkney,
LLP
584
Resolution _____

CERTIFICATION:

I, Sandra Calderon, Deputy City Clerk of the City of Banning, California, do hereby certify that Resolution 2026-89 was duly introduced at a regular meeting of the City Council of the City of Banning, was duly adopted at a regular meeting of said City Council on the 9 th day of June 2026, by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Sandra Calderon, Deputy City Clerk
City of Banning, California
585

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Elizabeth Gibbs, City Manager
PREPARED BY: Nate Smith, Deputy Director of Public Works/City Engineer Art Vela, Director of Public Works
MEETING DATE: June 9, 2026
SUBJECT: Consideration of Submittal of a Grant Application for Federal Railroad Administration Railroad Crossing Elimination Grant Funding Opportunity for the Hargrave Grade Separation Project.

STAFF RECOMMENDATION:

Authorize staff to submit a grant application to the Federal Railroad Administration Railroad Crossing Elimination (RCE) Grant program for the Hargrave Separation Project.

BACKGROUND:

The Hargrave Grade Separation Project includes the construction of a railroad grade separation between Hargrave Street and the Union Pacific Railroad (“Project”). The project is in the design phase, with conceptual work completed. A required 10% design submittal has been made to the Union Pacific Railroad. A 35% design submittal has been made to Caltrans. The environmental parameters of the project will be vetted after these submittals to begin the Federal National Environmental Policy Act (EPA) process. Grade separation projects are statutorily exempt from the California Environmental Quality Act (CEQA).

The City is conducting this work with the support of two grants. The City was awarded $2.8M in funding from a previous round of the Federal Railroad Administration (FRA) Railroad Crossing Elimination (RCE) grant program. Subsequent to that award, the Riverside County Transportation Commission (RCTC) awarded $5.0 million from SB125 sources to the City of Banning for the Project. Together, the $7.8 million makes up the majority of the $8.3 million in design costs for the project, with the remaining coming from local sources, including Measure A (in future years), and the City’s Transportation Development Impact Fee program.

The FRA has issued a Notice of Funding Opportunity (NOFO) for the next, and likely last, round of the RCE program which includes a total of $1.1 billion in anticipated national competitive awards. A priority is being given to projects that received prior RCE awards to advance those projects into future phases.

As such, the Hargrave Grade Separation project is an ideal fit to seek funding for the construction phase.

The NOFO does identify that a 20% local match is required, as it was for previous rounds as well. City Council policy requires that grants with a local match are brought for discussion by the City Council prior to submitting an application.

The early construction cost estimates for the Hargrave Grade Separation Project were provided at $130 million dollars. To date, there has been no money allocated for the construction phase of the project.

After early communication with our project manager at the FRA, as well as RCTC staff, both were supportive of pursuing the grant, even if we do not have 20% local money secured for the project. As such, we will identify local sources of funding that could be used to meet the local match requirement.

Those sources have been discussed previously with the design team as part of the funding strategy 586
memorandum that was prepared. They include:

Transporation Uniform Mitigation Fee (TUMF) Program - The nexus study identifies $52.7M for the project. While that funding is dependent of TUMF being collected on new development and allocated by the zone, we will identify a portion of that money as potential local match.

SB1 Competitive Funding - RCTC identified this as a potential funding source for future consideration.

Congestion Mitigation and Air Quality (CMAQ) grants. This was a funding source for the Sunset grade separation project in the past, and will be looked at again.

Other programs and CTC allocations, as they become available.

Staff has also requested assistance from the RCTC for project delivery. The discussion at this time is that the City would provide completed plans, specifications, and estimates as well as environmental clearance to RCTC, and they would manage the construction and grant administration for the construction phase. This allows the City to use RCTC's extensive experience in delivering large federal funded construction projects.

JUSTIFICATION:

The RCE grant opportunity represents the likely last chance to take advantage of the RCE program, especially given the preference for projects with previous applications. For large capital projects such as the City’s Project, it is often the case that once initial funding can be secured, other funding sources and programs become viable options. It will be necessary to submit several grant applications to various agencies to secure the total funding necessary to complete the project.

FISCAL IMPACT:

None today. The application will identify potential locally available funding sources to meet the 20% match statement. The final funding allocations will be developed over the next few years, with an exact amount of City money to be determined at a later date.

The City’s RCE grant application will request the maximum grant amount of $100M. 587

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Elizabeth Gibbs, City Manager
PREPARED BY: John Pinkney, Interim City Attorney
MEETING DATE: June 9, 2026
SUBJECT: Consideration of Resolution 2026-87 the City of Banning Technology Disruption Policy and Resolution 2026-88 the City of Banning Public Outreach and Public Interpretation Assistance Practices in Accordance with SB 707
STAFF RECOMMENDATION:

Adopt Resolution 2026-87 and Resolution 2026-88
BACKGROUND:

On October 3, 2025, SB 707 was signed into law by Governor Gavin Newsom. SB 707 made significant modifications to the Brown Act. Some of the modifications became effective on January 1, 2026, while others become effective on July 1, 2026.

On or before July 1, 2026, the City Council must approve at a noticed public meeting, in open session, and not on the consent calendar, a policy regarding disruption of telephonic or internet service occurring during the meeting.

The policy must contain procedures for recessing and reconvening a meeting in the event of disruption and must specify the efforts that the eligible legislative body will make to attempt to restore the service for persons participating remotely. These requirements include recessing the open session and making a good faith attempt to restore the service disruption of telephonic or internet services that prevents the public from attending or observing the meeting.

The policy must also prohibit the legislative body from reconvening the open session of the meeting until at least one hour following the disruption, or until telephonic or internet service is restored, whichever is earlier. If telephonic or internet service cannot be restored, the eligible legislative body may reconvene the open session provided it adopts a finding by roll call vote confirming that good-faith efforts to restore the telephonic or internet service have been made in accordance with its SB 707 policy and the public interest in continuing the meeting outweighs the public interest in remote public access.

In addition, the City Council is required to publicize instruction on how to request interpretive services, although the City is not required to provide interpretive services, and to make reasonable efforts to provide public meeting information to groups that do not traditionally participate in public meetings, including, but not limited to, the following:
• Media organizations that provide news coverage in the City of Banning including media organizations that serve non-English-speaking communities.
• Good government, civil rights, civic engagement, neighborhood, and community group organizations, or other organizations that are active in the jurisdiction of the City of Banning. 588
JUSTIFICATION:

Adoption of these policies will ensure the City’s compliance with Government Code 54953.4 related to disruption of telephonic or internet services during meetings and providing meeting information to groups that do not traditionally participate in meetings.

FISCAL IMPACT:

The fiscal impact of adopting the resolutions cannot be determined at this time. Actual costs will depend on employee participation.

ATTACHMENTS:

1. CC Resolution No. 2026-87.docx

2. 2026.06.09 Policy Re Technology Disruption - Banning.final.docx

3. 2026.06.09 Resolution 2026-88_ Re Public Outreach.Banning.final.docx 589
RESOLUTION NO. 2026-87

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING

ADOPTING THE TECHNOLOGY DISRUPTION POLICY
WHEREAS, on October 3, 2025, Governor Newsom signed into law Senate Bill 707, “The Brown Act Modernization Act;” and
WHEREAS, pursuant to Government Code Section 54953.4(b)(1)(A)(i)(l)(ib)(la), the City Council must, prior to July 1, 2026, adopt a publicly approved policy to address procedures when disruption of telephone or internet service occurs; and WHEREAS, this policy must provide for recessing, reconvening, and the efforts that the City Council shall make to attempt to restore service; and WHEREAS, the Technology Disruption Policy (“Policy”) attached hereto as Exhibit A ensures that the City complies with the SB 707 requirements; and WHEREAS, under the Policy, if a disruption of telephonic or internet service prevents members of the public from attending or observing the meeting via two-way telephonic service or two-way audiovisual platform, the City Council must recess open session for at least one hour, or until service is restored, whichever is earlier; and WHERERAS, if after an hour, the City has been unable to restore telephonic and internet service, the City Council shall reconvene and either:

1. Adjourn the meeting; or

2. Adopt a finding, by roll call vote, that good faith efforts were made in accordance with the adopted Policy and that the public interest in continuing the meeting outweighs the public interest in remote public access; and
WHEREAS, the attached Policy, if adopted, becomes effective July 1, 2026.

NOW, THEREFORE, the City Council of the City of Banning does hereby resolve, determine, find, and order as follows:

SECTION 1. RECITALS:

The preceding Recitals are true and correct and made a part of this Resolution.

SECTION 2. ADOPTION AND EFFECTIVE DATE:

The attached Technology Disruption Policy is adopted and effective July 1, 2026.

SECTION 3. CERTIFICATION:

The City Clerk shall certify to the adoption of this resolution and shall cause a certified 590
resolution to be filed in the book or original resolutions.

PASSED, APPROVED AND ADOPTED this 9th day of June, 2026.

Richard Royce, Mayor
City of Banning
ATTEST:

Sandra Calderon, Deputy City Clerk
City of Banning

APPROVED AS TO FORM
John Pinkney, City Attorney
SBEMP
591
CERTIFICATION:

I, Sandra Calderon, Administrative City Clerk for the City of Banning City Council, do hereby certify that the foregoing Resolution No. 2026-87 was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 9th day of June, 2026, by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Sandra Calderon, Deputy City Clerk
City of Banning
592

CITY OF BANNING

TECHNOLOGY DISRUPTION POLICY

1. Background
Senate Bill 707 (2025) amended the Brown Act to require eligible legislative bodies to adopt, on or before July 1, 2026, a policy addressing how the City of Banning (“City”) will respond to disruptions in telephonic or internet service that prevent members of the public from attending or observing a meeting remotely. This Technology Disruption Policy (“Policy”) is adopted to comply with that requirement.

2. Purpose
This Policy establishes procedures for responding to a disruption in the telephonic or internet services that provide two-way remote public access to meetings of the City Council of the City of Banning (“City Council”), as required by the Brown Act (Gov. Code § 54953.4). The Policy ensures transparency, public participation, and continuity of government during technology disruptions if the City Council finds the public interest in continuing the meeting outweighs the public interest in remote public access.

3. Definitions
For purposes of this Policy:
a. “Disruption” means any failure, outage, or other interruption that prevents members of the public from attending or observing the meeting via these remote access services.
b. “Remote access services” means the two-way telephonic service and/or two-way audiovisual platform used to provide real-time remote public attendance and observation of meetings.

4. Applicability
This Policy applies to all open and public meetings of the City at which remote public participation is offered or required under the Brown Act.

5. Procedures in the Event of a Service Disruption
a. Response to Service Disruption. If the Presiding Officer or Clerk becomes aware of a disruption to the City’s remote access services that prevents members of the public from attending or observing the meeting remotely:
(1) The Presiding Officer or Clerk shall immediately announce the disruption to the public.
(2) The Presiding Officer may then call for a recess of the open session or convene the legislative body in closed session, consistent with the Brown Act.
(3) Staff shall begin efforts to diagnose and restore the disrupted service. 593
2 (4) The meeting shall remain in recess for at least one hour or until service is restored, whichever is earlier. The recess period may be extended if restoration efforts are ongoing.
b. Efforts to Restore Service. The City shall make good faith efforts to restore remote access services, which may include:
(1) Troubleshooting platform or teleconferencing software (2) Resetting or replacing audiovisual equipment
(3) Attempting alternative connection methods
(4) Contacting necessary support staff or service providers (5) Switching to back-up equipment or platforms, if available The Clerk shall document the restoration efforts undertaken.

6. Reconvening the Open Session
a. Timing. The open session may be reconvened after at least one hour has elapsed from the time of disruption or as soon as service is restored, whichever occurs earlier.
b. If Service Is Restored. If the remote access service is restored before or at the time the meeting reconvenes, the meeting shall continue as normal. c. If Service Is Not Restored. If service has not been restored after one hour, the City Council may reconvene and:
(1) Adjourn the meeting; or
(2) Continue the meeting in open session by adopting, by roll call vote, the following, or a substantially similar, finding:
“The City has made good faith efforts to restore telephonic or internet service in accordance with its adopted Policy, and the public interest in continuing the meeting outweighs the public interest in remote public access.”
Upon adoption of the finding, the legislative body may continue the open session despite the fact that remote access services have not been restored.

7. Recordkeeping
The Clerk shall enter a brief statement into the meeting minutes, including the following:
 The nature and time of the disruption
 The restoration efforts undertaken
 The time the meeting was reconvened (if applicable)
 Any finding adopted pursuant to section 6.c(2)
594
3 8. Review and Updates
This Policy may be amended by the City Council at a noticed public meeting in open session, not on the consent calendar.
595
1 RESOLUTION NO. 2026-88

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING

ADOPTING PUBLIC OUTREACH AND PUBLIC INTERPRETATION

ASSISTANCE PRACTICES
WHEREAS, on October 3, 2025, Governor Newsom signed into law Senate Bill 707, “The Brown Act Modernization Act;” and
WHEREAS, pursuant to Government Code Section 54953.4(b)(3)(C), beginning on July 1, 2026, the City of Banning must make reasonable efforts, as determined by the City Council, to invite groups that do not traditionally participate in public meetings to attend those meetings; and
WHEREAS, pursuant to Government Code Sections 54953.4(b)(2)(A)-(C), beginning on July 1, 2026, the City must reasonably assist members of the public who wish to translate a meeting or receive interpretation, so long as it is not disruptive to the meeting, and the City Council shall publicize instructions on how to request assistance; and
WHEREAS, to achieve compliance with Government Code Section 54953.4(b)(3)(C), the City Clerk’s Office intends to compile a list of contacts for all media organizations that cover Banning, faith groups/organizations in the city, and community organizations/neighborhood groups that work within the city and provide notice of City meetings to those groups; and
WHEREAS, the City Clerk intends to provide information on the City of Banning website inviting similar groups to register for information regarding City meetings and will review and update this list at least annually to ensure accuracy; and WHEREAS, in furtherance of Government Code section 54953.4(b)(2), the City Clerk will ensure closed caption services for City Council meetings remain readily available to the public; and
WHEREAS, the City’s agendas for City Council and City Commissions and Boards include the following language:

Notice: Any attendees who require assistance, a disability-related modification, or language assistance, in order to participate in the meeting should contact City Clerk by 10:00 a.m. on meeting date at 951 922-3102 or [email protected]. Any individual who wishes to request an alternate format for the agenda, meeting notice, or other writings that are distributed at the meeting should contact City Clerk by 10:00 a.m. on meeting date at 951 922-3102 or [email protected] 596
2 Notification in advance of the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting, the materials related to it, and the ability to comment; and
WHEREAS, the City’s assistance will include extra time for public comment to allow for the translation of comments, instructions on how to turn on captions for the meeting, local resources if an individual requires assistance, and a wireless microphone to accommodate a physical disability; and
WHEREAS, the procedures outlined in this resolution are consistent with the City’s commitment to being a welcoming, diverse, and inclusive City that has an engaged, informed, and valued community.

NOW, THEREFORE, the City Council of the City of Banning does hereby resolve, determine, find, and order as follows:

SECTION 1. RECITALS:

The preceding Recitals are true and correct and made a part of this Resolution.

SECTION 2. ADOPTION OF PUBLIC OUTREACH AND PUBLIC INTERPRETATION ASSISTANCE PRACTICES:

1. The City Clerk’s Office will maintain a list of media contacts, faith organizations, civic engagement groups, civil rights organizations, good government organizations, community and neighborhood groups in the city to receive the City Council agenda pursuant to Government Code Section 54953.4(b)(3)(C) and will take all actions necessary to keep the list current. The City Council finds that these efforts are reasonable.

2. The City Council and City Commission and Board Agendas will include information on how to obtain both language and physical-disability assistance in order to participate in meetings. The City Clerk is authorized to continue providing accessibility services including those described in this Resolution.

3. The City Council authorizes the City Manager and City Clerk to take such actions as they deem necessary to effectuate the purpose and intent of this Resolution.

SECTION 3. EFFECTIVE DATE: These Public Outreach and Public Interpretation Assistance Practices are adopted and effective July 1, 2026. 597
3 SECTION 3. CERTIFICATION:

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

PASSED, APPROVED AND ADOPTED this 9th day of June, 2026.

Richard Royce, Mayor
City of Banning
ATTEST:

Sandra Calderon, Deputy City Clerk
City of Banning

APPROVED AS TO FORM
John Pinkney, City Attorney
SBEMP
598
4 CERTIFICATION:

I, Sandra Calderon, Deputy City Clerk for the City of Banning City Council, do hereby certify that the foregoing Resolution No. 2026-88 was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 9 th day of June,
2026, by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Sandra Calderon, Deputy City Clerk
City of Banning
599
AMENDMENT NO. 4 TO AGREEMENT FOR CONTRACT SERVICES (C00845)

FOR CUSTODIAL SERVICES BETWEEN THE CITY OF BANNING,
CALIFORNIA AND EXECUTIVE FACILITIES SERVICES, INC.

THIS AMENDMENT NO. 4 TO THE AGREEMENT FOR CONTRACT
SERVICES (“Amendment No. 4”) by and between the CITY OF BANNING (“CITY”) and EXECUTIVE FACILITIES SERVICES, INC., a California corporation (“Contractor”) is effective as of this day: _______________.

RECITALS
A. City and Contractor entered into that certain Contract dated June 7, 2023, for the purpose of providing Custodial Services (“Agreement”) following Request for Proposals (RFP No.23-023), as approved by City Council Resolution 2023-92.

B. City and Contractor have entered into an Amendment No. 1 to the Agreement dated June 11, 2024, to modify the Scope of Services, extend the Term of the Agreement to June 30, 2025, and increase the Contract Sum to Four Hundred Six Thousand Two Hundred Forty Four Dollars and Eighty Six Cents ($406,244.86), as approved by City Council Resolution 2024-90.

C. City and Contractor have entered into an Amendment No. 2 to the Agreement dated May 27, 2025, to modify the Scope of Services, extend the Term of the Agreement to June 30, 2026, and increase the Contract Sum to Six Hundred Thirty Thousand Seven Hundred Fifty Six Dollars and Forty Two Cents ($630,756.42), as approved by City Council Resolution 2025-075.

D. City and Contractor have entered into an Amendment No. 3 to the Agreement dated September 18, 2025, to modify the Scope of Services and increase the Contract Sum to Six Hundred Forty Three Thousand Three Hundred Sixty Five Dollars and Forty Two Cents ($643,365.42).

E. City and Contractor now desire to amend the Agreement to modify the Scope of Services, and increase the Contract Sum to Six Hundred Forty Four Thousand Two Hundred Forty Dollars and Forty Two Cents ($644,240.42).

The Parties therefore agree follows:

1. Amended Terms. The Agreement is hereby amended as follows:

1.1 The Scope of Services as set forth in Section 1.1 of and Exhibit A to the Agreement is hereby amended to include the Services set forth in Attachment 1, attached hereto and incorporated herein.

1.2 The maximum compensation for the Services performed pursuant to this Amendment No. 4 shall not exceed Eight Hundred Seventy Five Dollars ($875.00) thereby increasing the Contract Sum, as set forth in Section 2.1 of the Agreement, Docusign Envelope ID: 3698F9BE-9371-4E29-BBE0-A0DF65867F25 12/10/2025
418 600
to Six Hundred Forty Four Thousand Two Hundred Forty Dollars and Forty Two Cents ($644,240.42).

2. Miscellaneous Provisions

2.1 Continued Effect of Agreement. Except as amended by this Amendment No. 4, all provisions of the Agreement, as amended by Amendment Nos. 1, 2, and 3, shall remain unchanged and in full force and effect. From and after the date of this Amendment No. 4, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement, as amended by Amendment Nos. 1 through 3. In the event of a conflict between the provisions of this Amendment No. 4 and the provisions of the Agreement or Amendments No. 1 through 3, the provisions of this Amendment No. 4 shall control.

2.2 Consideration for Amendment. The parties hereby agree that they have each received adequate and independent consideration for the modifications to the Agreement set forth in this Amendment No. 4.

2.3 Authority. The persons executing this Amendment No. 4 on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment No. 4 on behalf of said party, (iii) by so executing this Amendment No. 4, such party is formally bound to the provisions of this Amendment No. 4, and (iv) entering into this Amendment No. 4 does not violate any provision of any other agreement to which said party is bound.

2.4 Counterparts. This Amendment No. 4 may be signed in any number of counterparts, each of which will be an original, but all of which together will constitute one instrument.

2.5 Electronic Signatures. Each Party may adopt as its signature an electronic identification consisting of a symbol or code that is affixed to or contained in each document transmitted by such Party (“electronic signature”). The Parties hereto herby agree that electronic signatures are acceptable, shall have the same force and effect under the law as original wet signatures, and shall be sufficient to verify that the Parties have executed this Agreement and such other documents transmitted by the Parties.
[SIGNATURE PAGE FOLLOWS]
Docusign Envelope ID: 3698F9BE-9371-4E29-BBE0-A0DF65867F25 419 601
The Parties are signing this Amendment No. 4 on the date stated in the introductory clause.

CITY OF BANNING CONTRACTOR
Arturo Vela,
Interim City Manager
NAME:

TITLE:

City Council Approval: _______________ NAME:

TITLE:

ATTEST:

Sandra Calderon
Acting Deputy City Clerk
NOTE: PROOF OF AUTHORITY TO BIND CONTRACTING PARTY REQUIRED.

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

ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONTRACTOR’S BUSINESS ENTITY.

Docusign Envelope ID: 3698F9BE-9371-4E29-BBE0-A0DF65867F25 Director of Business Development
R J Storm-Larsen
N/A
420 602
ATTACHMENT 1
Docusign Envelope ID: 3698F9BE-9371-4E29-BBE0-A0DF65867F25 421 603
AMENDMENT NO. 3 TO CONTRACT SERVICES AGREEMENT
(C00845) FOR CUSTODIAL SERVICES AND BETWEEN CITY OF
BANNING AND EXECUTIVE FACILITIES SERVICES, INC.

THIS AMENDMENT NO. 3 TO THE CONTRACT SERVICES AGREEMENT FOR SERVICES (“Amendment No. 3”) by and between the CITY OF BANNING (“City”) and EXECUTIVE FACILITIES SERVICES, INC., a California corporation (“Contractor”) is effective as of this day: ______________.

RECITALS
A. City and Contractor entered into that certain Contract dated June 7, 2023 for the purpose of providing Custodial Services (“Agreement”) following Request for Proposals (RFP No. 23-023), as approved by City Council Resolution 2023-92.

B. City and Consultant have entered into an Amendment No. 1 to the Agreement dated June 11, 2024 to modify the Scope of Services, extend the Term of the Agreement to June 30, 2025, and increase the Contract Sum to Four Hundred Thousand Two Hundred Forty-Four Dollars and Eighty-Six Cents ($406,244.86), as approved by City Council Resolution 2024-90.

C. City and Consultant have entered into an Amendment No. 2 to the Agreement dated May 27, 2025 to modify the Scope of Services, extend the Term of the Agreement to June 30, 2026, and increase the Contract Sum to Six Hundred Thirty Thousand Seven Hundred Fifty-Six Dollars and Forty-Two Cents ($630,756.42) as approved by City Council Resolution 2025-075.

D. City and Contractor now desire to amend the Agreement to modify the scope of service and increase the Contract Sum to Six Hundred Thirty Thousand Seven Hundred FiftySix Dollars and Forty-Two Cents ($630,756.42).

The Parties therefore agree follows:

1. Amended Terms. The Agreement is hereby amended as follows:

1.1 The Scope of Services as set forth in Section 1.1 of and Exhibit A to the Agreement is hereby amended to include the Services set forth in Attachment 1, attached hereto and incorporated herein.

1.2 The maximum compensation for the Services performed pursuant to this Amendment No. 3 shall not exceed Twelve Thousand Four Hundred Fifty-Four Dollars ($12,454.00) thereby increasing the Contract Sum, as set forth in Section Docusign Envelope ID: AE1BD580-04AB-4C5C-A5D5-53AA1443FF0A 9/18/2025
411 604

2.1 of the Agreement, to Six Hundred Forty-Three Thousand Two Hundred Ten Dollars and Forty-Two Cents ($643,210.42).

2. Miscellaneous Provisions

2.1 Continued Effect of Agreement. Except as amended by this Amendment No. 3, all provisions of the Agreement as amended by Amendment Nos. 1, 2 and 3, shall remain unchanged and in full force and effect. From and after the date of this Amendment No. 3, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement, as amended by Amendment Nos. 1, 2 and 3. In the event of a conflict between the provisions of this Amendment No. 3 and the provisions of the Agreement, the provisions of this Amendment No. 3 shall control.

2.2 Consideration for Amendment. The parties hereby agree that they have each received adequate and independent consideration for the modifications to the Agreement set forth in this Amendment No. 3.

2.3 Authority. The persons executing this Amendment No. 3 on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment No. 3 on behalf of said party, (iii) by so executing this Amendment No. 3, such party is formally bound to the provisions of this Amendment No. 3, and (iv) entering into this Amendment No. 3 does not violate any provision of any other agreement to which said party is bound.

2.4 Counterparts. This Amendment No. 3 may be signed in any number of counterparts, each of which will be an original, but all of which together will constitute one instrument.

2.5 Electronic Signatures. Each Party may adopt as its signature an electronic identification consisting of a symbol or code that is affixed to or contained in each document transmitted by such Party (“electronic signature”). The Parties hereto herby agree that electronic signatures are acceptable, shall have the same force and effect under the law as original wet signatures, and shall be sufficient to verify that the Parties have executed this Agreement and such other documents transmitted by the Parties.
[SIGNATURE PAGE FOLLOWS]
Docusign Envelope ID: AE1BD580-04AB-4C5C-A5D5-53AA1443FF0A 412 605
The Parties are signing this Amendment No. 3 on the date stated in the introductory clause.

CITY OF BANNING CONTRACTOR
Art Vela,
Interim City Manager
NAME:

TITLE:

ATTEST:

Sandra Calderon
Acting Administrative City Clerk
NOTE: PROOF OF AUTHORITY TO BIND CONTRACTING PARTY REQUIRED.

APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE

BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONTRACTOR’S BUSINESS ENTITY.

Docusign Envelope ID: AE1BD580-04AB-4C5C-A5D5-53AA1443FF0A OWNER
Jim Ferraro
413 606
ATTACHMENT 1
Docusign Envelope ID: AE1BD580-04AB-4C5C-A5D5-53AA1443FF0A 414 607
Docusign Envelope ID: AE1BD580-04AB-4C5C-A5D5-53AA1443FF0A 415 608
Docusign Envelope ID: AE1BD580-04AB-4C5C-A5D5-53AA1443FF0A 416 609
Docusign Envelope ID: AE1BD580-04AB-4C5C-A5D5-53AA1443FF0A 417 60
AMENDMENT NO. 2 TO CONTRACT SERVICES AGREEMENT
(C00845) FOR CUSTODIAL SERVICES AND BETWEEN CITY OF
BANNING AND EXECUTIVE FACILITIES SERVICES, INC.

THIS AMENDMENT NO. 2 TO THE CONTRACT SERVICES AGREEMENT FOR SERVICES (“Amendment No. 2”) by and between the CITY OF BANNING (“City”) and EXECUTIVE FACILITIES SERVICES, INC., a California corporation (“Contractor”) is effective as of this day: ______________.

RECITALS
A. City and Contractor entered into that certain Contract dated June 7, 2023 for the purpose of providing Custodial Services (“Agreement”) following Request for Proposals (RFP No. 23-023), as approved by City Council Resolution 2023-92.

B. City and Consultant have entered into an Amendment No. 1 to the Agreement dated June 11, 2024 to modify the Scope of Services, extend the Term of the Agreement to June 30, 2025, and increase the Contract Sum to Four Hundred Thousand Two Hundred Forty-Four Dollars and Eighty-Six Cents ($406,244.86), as approved by City Council Resolution 2024-90.

C. City and Contractor now desire to amend the Agreement to extend the Term of the Agreement to June 30, 2026, and increase the Contract Sum to Six Hundred Thirty Thousand Seven Hundred Fifty-Six Dollars and Forty-Two Cents ($630,756.42).

The Parties therefore agree follows:

1. Amended Terms. The Agreement is hereby amended as follows:

1.1 The Scope of Services as set forth in Section 1.1 of and Exhibit A to the Agreement is hereby amended to include the Services set forth in Attachment 1, attached hereto and incorporated herein.

1.2 The maximum compensation for the Services performed pursuant to this Amendment No. 1 shall not exceed Two Hundred Twenty-Four Thousand Five Hundred Eleven Dollars and Fifty-Six Cents ($224,511.56) thereby increasing the Contract Sum, as set forth in Section 2.1 of the Agreement, to Six Hundred Docusign Envelope ID: 6AA6A827-381B-4110-8186-DA35E2109754 May 27, 2025
407 611
Thirty Thousand Seven Hundred Fifty-Six Dollars and Forty-Two Cents ($630,756.42).

1.3 The Term of the Agreement, as set forth in Section 3.4 of the Agreement, is hereby extended through June 30, 2026, unless sooner terminated or extended as provided in the Agreement.

1.4 Exhibit C-1 to the Agreement is hereby amended to include sites and rates as set forth in Attachment 1, attached hereto and incorporated herein.

2. Miscellaneous Provisions

2.1 Continued Effect of Agreement. Except as amended by this Amendment No. 2, all provisions of the Agreement as amended by Amendment No.1, shall remain unchanged and in full force and effect. From and after the date of this Amendment No. 2, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement, as amended by Amendment No. 2. In the event of a conflict between the provisions of this Amendment No. 2 and the provisions of the Agreement, the provisions of this Amendment No. 2 shall control.

2.2 Consideration for Amendment. The parties hereby agree that they have each received adequate and independent consideration for the modifications to the Agreement set forth in this Amendment No. 2.

2.3 Authority. The persons executing this Amendment No. 2 on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment No. 2 on behalf of said party, (iii) by so executing this Amendment No. 2, such party is formally bound to the provisions of this Amendment No. 2, and (iv) entering into this Amendment No. 2 does not violate any provision of any other agreement to which said party is bound.

2.4 Counterparts. This Amendment No. 2 may be signed in any number of counterparts, each of which will be an original, but all of which together will constitute one instrument.

2.5 Electronic Signatures. Each Party may adopt as its signature an electronic identification consisting of a symbol or code that is affixed to or contained in each document transmitted by such Party (“electronic signature”). The Parties hereto herby agree that electronic signatures are acceptable, shall have the same force and effect under the law as original wet signatures, and shall be sufficient to verify that the Parties have executed this Agreement and such other documents transmitted by the Parties.
[SIGNATURE PAGE FOLLOWS]
Docusign Envelope ID: 6AA6A827-381B-4110-8186-DA35E2109754 408 612
The Parties are signing this Amendment No. 2 on the date stated in the introductory clause.

CITY OF BANNING EXECUTIVE FACILITIES SERVICES
Robert Fisher,
Acting City Manager
NAME:

TITLE:

City Council Approval: _______________ NAME:

TITLE:

ATTEST:

Caroline Patton
Administrative City Clerk
APPROVED AS TO FORM:

Solvak, Baron, Empey, Murphy & Pinkney
LLP
John O. Pinkney
City Attorney
NOTE: PROOF OF AUTHORITY TO BIND CONTRACTING PARTY REQUIRED.

APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE

BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONTRACTOR’S BUSINESS ENTITY.

Docusign Envelope ID: 6AA6A827-381B-4110-8186-DA35E2109754 Jim Ferraro
OWNER
2025-075
409 613
ATTACHMENT 1
Docusign Envelope ID: 6AA6A827-381B-4110-8186-DA35E2109754 410 64
AMENDMENT NO. 1 TO CONTRACT SERVICES AGREEMENT
(C00845) FOR CUSTODIAL SERVICES AND BETWEEN CITY OF
BANNING AND EXECUTIVE FACILITIES SERVICES, INC.

THIS AMENDMENT NO. 1 TO THE CONTRACT SERVICES AGREEMENT FOR SERVICES (“Amendment No. 1”) by and between the CITY OF BANNING (“City”) and EXECUTIVE FACILITIES SERVICES, INC., a California corporation (“Contractor”) is effective as of this day: ______________.

RECITALS
A. City and Contractor entered into that certain Contract dated June 7, 2023 for the purpose of providing Custodial Services (“Agreement”) following Request for Proposals (RFP No. 23-023), as approved by City Council Resolution 2023-92.

B. City and Contractor now desire to amend the Agreement to extend the Term of the Agreement to June 30, 2025, and increase the Contract Sum to Four Hundred Six Thousand Two Hundred Forty-Four Dollars and Eighty-Six Cents ($406,244.86).

The Parties therefore agree follows:

1. Amended Terms. The Agreement is hereby amended as follows:

1.1 The Scope of Services as set forth in Section 1.1 of and Exhibit A to the Agreement is hereby amended to include the Services set forth in Attachment 1, attached hereto and incorporated herein.

1.2 The maximum compensation for the Services performed pursuant to this Amendment No. 1 shall not exceed Two Hundred Twenty-One Thousand Four Hundred Ninety-Two Dollars and Forty-Four Cents ($221,492.44) thereby increasing the Contract Sum, as set forth in Section 2.1 of the Agreement, to Four Hundred Six Thousand Two Hundred Forty-Four Dollars and Eighty-Six Cents ($406,244.86).

1.3 The Term of the Agreement, as set forth in Section 3.4 of the Agreement, is hereby extended through June 30, 2025, unless sooner terminated or extended as provided in the Agreement.

1.4 Exhibit C-1 to the Agreement is hereby amended to read as set forth in Attachment 2, attached hereto and incorporated herein.

2. Miscellaneous Provisions

2.1 Continued Effect of Agreement. Except as amended by this Amendment No. 1, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment No. 1, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement, as amended by Amendment No. 1. In the event of a conflict between the provisions DocuSign Envelope ID: 318F8AF9-877C-4F53-B441-79F9570012E8 June 11, 2024
401 615
of this Amendment No. 1 and the provisions of the Agreement, the provisions of this Amendment No. 1 shall control.

2.2 Consideration for Amendment. The parties hereby agree that they have each received adequate and independent consideration for the modifications to the Agreement set forth in this Amendment No. 1.

2.3 Authority. The persons executing this Amendment No. 1 on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment No. 1 on behalf of said party, (iii) by so executing this Amendment No. 1, such party is formally bound to the provisions of this Amendment No. 1, and (iv) entering into this Amendment No. 1 does not violate any provision of any other agreement to which said party is bound.

2.4 Counterparts. This Amendment No. 1 may be signed in any number of counterparts, each of which will be an original, but all of which together will constitute one instrument.

2.5 Electronic Signatures. Each Party may adopt as its signature an electronic identification consisting of a symbol or code that is affixed to or contained in each document transmitted by such Party (“electronic signature”). The Parties hereto herby agree that electronic signatures are acceptable, shall have the same force and effect under the law as original wet signatures, and shall be sufficient to verify that the Parties have executed this Agreement and such other documents transmitted by the Parties.
[SIGNATURE PAGE FOLLOWS]
DocuSign Envelope ID: 318F8AF9-877C-4F53-B441-79F9570012E8 402 616
The Parties are signing this Amendment No. 1 on the date stated in the introductory clause.

CITY OF BANNING CONTRACTOR
Douglas Schulze,
City Manager
NAME:

TITLE:

City Council Approval: _______________ NAME:

TITLE:

ATTEST:

Caroline Patton
Administrative City Clerk
APPROVED AS TO FORM:

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

APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE

BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONTRACTOR’S BUSINESS ENTITY.

DocuSign Envelope ID: 318F8AF9-877C-4F53-B441-79F9570012E8 OWNER
Jim Ferraro
RESO # 2024-090
403 617
ATTACHMENT 2
The Contractor shall provide and stock soap for dispensers, trash liners and paper products:
toilet tissue, seat liners, and paper towels, for the services set forth in the specifications of Exhibit A of the Agreement. Contractor shall provide an itemized list of the consumables utilized by service area as part of the monthly invoice for reimbursement.

The grade of consumable supplies in that contents shall meet SB 1383 requirements (summarized below) and be equitable or superior to City supplied stock in FY24.  Toilet paper shall consist of at least 45 percent, by fiber weight, postconsumer recycled content fiber
 Paper towels shall consist of at least 40 percent, by fiber weight, postconsumer recycled content fiber
 Toilet seat covers shall consist of at least 20 percent, by fiber weight, postconsumer recycled content fiber
DocuSign Envelope ID: 318F8AF9-877C-4F53-B441-79F9570012E8 404 618
ATTACHMENT 2
Rates and projected consumables
DocuSign Envelope ID: 318F8AF9-877C-4F53-B441-79F9570012E8 405 619
DocuSign Envelope ID: 318F8AF9-877C-4F53-B441-79F9570012E8 406 620
AMENDMENT NO. 6 TO PROFESSIONAL SERVICES AGREEMENT
(C00660) FOR THE DESIGN OF SUN LAKES BOULEVARD

EXTENSION BY AND BETWEEN CITY OF BANNING AND ALBERT
A. WEBB ASSOCIATES
THIS AMENDMENT NO. 6 TO THE PROFESSIONAL SERVICES
AGREEMENT FOR SERVICES (“Amendment No. 6”) by and between the CITY OF BANNING (“City”) and ALBERT A. WEBB ASSOCIATES, a California Corporation (“Consultant”) is effective as of this day: __________________________.

RECITALS
A. City and Consultant entered into that certain Agreement for Professional Design Services dated June 23, 2020 (“Agreement”) whereby Consultant agreed to provide Design Services for the Design of Sun Lakes Boulevard Extension following a Request for Proposals for an amount not to exceed Five Hundred Forty-Eight Thousand Four Hundred Sixteen Dollars and Five Cents ($548,416.05). The agreement included a 10% Contingency of Fifty-Four Thousand Eight Hundred Forty-One Dollars and Sixty-One Cents ($54,841.61) for a total contract amount of Six Hundred Three Thousand Seven Hundred Twenty-Five Dollars and Sixty-Six Cents ($603,725.66). The Term of the Agreement was to commence on June 23, 2020, and continue in full force and effect until October 3, 2022.

B. On February 11, 2022, Public Works Department approved a change order to the Professional Services Agreement with Albert A. Webb Associates, Inc. for out-of-scope work including coordination with Western Riverside County Regional Conservation Authority (RCA) in the amount of $24,983.25, leaving a contingency balance of $29,858.36.

C. On March 21, 2022, Public Works Department approved a change order to the Professional Services Agreement with Albert A. Webb Associates, Inc. for the preparation of a sediment transport analysis (out of scope) in the amount of $5,974.88, leaving a contingency balance of $23,883.48.

D. On August 23, 2022, City Council adopted City Council Resolution 2022-106 which authorized the increase in compensation for services provided under the agreement by One Hundred Twenty-Nine Thousand Four Hundred Dollars ($129,400.00).

E. On October 11, 2022, City Council Adopted City Council Resolution 2022-139 to rescind Resolution 2022-106 and amend the Agreement to include additional compensation in the amount of One Hundred Forty Eight Thousand Two Hundred Twenty Two Dollars ($148,222.00) for a new contract total of Seven Hundred Fifty One Thousand Nine Hundred Forty Seven Dollars and Sixty Six Cents ($751,947.66) and to extend the term of the Agreement through June 30, 2024.

F. On October 23, 2023, City and Consultant amended the Agreement to modify the Scope of Services, extend the Term of the Agreement to June 30, 2025, and increase the Docusign Envelope ID: C4257D86-D422-4F41-AD3B-5D711FF9F68F 4/6/2026
282 621
Contract Sum by Four Hundred Ninety Six Thousand Seventy Nine Dollars ($496,079.00) for a total not to exceed amount of One Million Two Hundred Forty Eight Thousand Twenty Six Dollars and Sixty Six Cents ($1,248,026.66).

G. On January 6, 2025, City and Consultant amended the Agreement to extend the Term of the Agreement to June 30, 2026.

H. On May 27, 2025, City and Consultant amended the Agreement to modify the Scope of Services and increase the Contract Sum to One Million Three Hundred Five Thousand One Hundred Six Dollars and Sixty-Six Cents ($1,305,106.66) as approved by City Council Resolution No. 2025-070.

I. On August 26, 2025, City and Consultant amended the Agreement to modify the Scope of Services and increase the Contract Sum to One Million Three Hundred Sixty-Four Thousand Seven Hundred Six Dollars and Sixty-Six Cents ($1,364,706.66) as approved by Council Resolution No 2025-116.

J. City and Consultant now desire to amend the Agreement to extend the Term of the Agreement to December 31, 2027, and increase the Contract Sum to One Million Four Hundred Forty-Three Thousand Three Hundred Thirty Dollars and Sixty-Six Cents ($1,443,330.66).

The Parties therefore agree follows:

1. Amended Terms. The Agreement is hereby amended as follows:

1.1 The maximum compensation for the Services performed pursuant to this Amendment No. 6 shall not exceed Seventy-Eight Thousand Six Hundred Twenty-Four Dollars ($78,624.00) thereby increasing the Contract Sum, as set forth in Section 2.1 of the Agreement, to One Million Four Hundred Forty-Three Thousand Three Hundred Thirty Dollars and Sixty-Six Cents ($1,443,330.66).

1.2 The Term of the Agreement, as set forth in Section 3.4 of the Agreement, is hereby extended through December 31, 2027, unless sooner terminated or extended as provided in the Agreement.

2. Miscellaneous Provisions

2.1 Continued Effect of Agreement. Except as amended by this Amendment No. 6, all provisions of the Agreement, as amended by Amendment Nos. 1, 2, 3, 4, and 5, shall remain unchanged and in full force and effect. From and after the date of this Amendment No. 6, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement, as amended by Amendment Nos. 1 through 6. In the event of a conflict between the provisions of this Amendment Docusign Envelope ID: C4257D86-D422-4F41-AD3B-5D711FF9F68F 283 622
No. 6 and the provisions of the Agreement or Amendments No. 1 through 6, the provisions of this Amendment No. 6 shall control.

2.2 Consideration for Amendment. The parties hereby agree that they have each received adequate and independent consideration for the modifications to the Agreement set forth in this Amendment No. 6.

2.3 Authority. The persons executing this Amendment No. 6 on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment No. 6 on behalf of said party, (iii) by so executing this Amendment No. 6, such party is formally bound to the provisions of this Amendment No. 6, and (iv) entering into this Amendment No. 6 does not violate any provision of any other agreement to which said party is bound.

2.4 Counterparts. This Amendment No. 6 may be signed in any number of counterparts, each of which will be an original, but all of which together will constitute one instrument.

2.5 Electronic Signatures. Each Party may adopt as its signature an electronic identification consisting of a symbol or code that is affixed to or contained in each document transmitted by such Party (“electronic signature”). The Parties hereto herby agree that electronic signatures are acceptable, shall have the same force and effect under the law as original wet signatures, and shall be sufficient to verify that the Parties have executed this Agreement and such other documents transmitted by the Parties.
[SIGNATURE PAGE FOLLOWS]
Docusign Envelope ID: C4257D86-D422-4F41-AD3B-5D711FF9F68F 284 623
The Parties are signing this Amendment No. 6 on the date stated in the introductory clause.

CITY OF BANNING CONSULTANT

Elizabeth Gibbs,
City Manager
NAME:

TITLE:

City Council Approval: _______________ NAME:

TITLE:

ATTEST:

Sandra Calderon
Administrative City Clerk

APPROVED AS TO FORM:

Slovak, Baron, Empey, Murphy & Pinkney
LLP
John O. Pinkney
City Attorney

NOTE: PROOF OF AUTHORITY TO BIND CONTRACTING PARTY REQUIRED.

APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE

BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.

Docusign Envelope ID: C4257D86-D422-4F41-AD3B-5D711FF9F68F Vice President
Stephanie Standerfer
RESO 2026-56, 3/24/26.
285 624
January 15, 2026
Patrick Safari, CIP Manager
City of Banning
99 E. Ramsey Street
Banning, CA 92220
Sent via email: [email protected]
RE: Proposal for Contract Amendment No. 7- Proposal for Construction Engineering Support Services
Project: Sun Lakes Boulevard Extension Project (PSA C00660) Dear Patrick,
Albert A. WEBB Associates (WEBB) respectfully submits this proposal to provide Construction Engineering Support Services for the Sun Lakes Boulevard Extension Project. These services are designed to support the City of Banning during the construction phase of the Project and are consistent with the approved plans, technical specifications, City of Banning standards, and the Standard Specifications for Public Works Construction (Green Book).

WEBB has been contracted by the City of Banning to provide engineering services for the Sun Lakes Boulevard Extension Project. As the Project transitions into construction, additional engineering support is required to assist the City with material submittal reviews, responses to Requests for Information (RFIs), verification of grading quantities, preparation of record drawings, and participation in construction progress meetings.

The following proposal outlines WEBB’s understanding of the Project, the Exhibit “A” scope of services to be provided, and the Exhibit “B” proposed compensation for the scope of services.

If you find this proposal acceptable, please issue a contract amendment or task authorization to proceed. We appreciate the opportunity to continue supporting the City of Banning on the Sun Lakes Boulevard Extension Project. If you have any questions, please do not hesitate to contact me at 951-830-4305.

Sincerely,
ALBERT A. WEBB ASSOCIATES
Dilesh Sheth, PE, TE
Senior Vice President
Docusign Envelope ID: C4257D86-D422-4F41-AD3B-5D711FF9F68F 286 625

PROJECT UNDERSTANDING
The Sun Lakes Boulevard Extension Project includes roadway, drainage, utility, signing, and striping, as well as related infrastructure improvements, between Highland Home Road and Sunset Avenue. During construction, the City requires ongoing engineering support to ensure the Project is constructed in general conformance with the approved plans, specifications, and City standards, while addressing field conditions, coordination issues, and Contractor inquiries.

The City will provide the construction management and inspection services, while WEBB will provide construction engineering support services.

EXHIBIT “A” SCOPE OF SERVICES
Task 1 – Construction Engineering Administration and Coordination WEBB will provide construction engineering support throughout the duration of construction, including:

Coordination with the City Construction Manager, Resident Engineer/Inspector, and Contractor
Interpretation of approved plans, specifications, and contract documents Engineering support related to constructability and field conditions Identification of potential impacts to design intent, scope, or schedule for City consideration
Task 2 – Material Submittal Review
WEBB will review Contractor material submittals for general conformance with the Contract Documents prior to construction or installation.

Services include:

Logging and tracking submittals
Coordinating multi-discipline reviews, as required
Providing consolidated written comments and disposition Reviewing resubmittals until an acceptable status is achieved Includes a total of 20 submittal and resubmittal reviews, with an average of 1 hour of Engineer review time and 0.5 hour of Project Coordinator time per review.

Required Material Submittals (as applicable):

Traffic Control Plans
SWPPP / WPCP (QSD/QSP certifications)
Earthwork and import/borrow material data
Aggregate base and asphalt mix designs
Portland cement concrete mix designs
ADA detectable warning surfaces
Storm drain pipe, structures, and appurtenances
Signing, striping, and traffic control devices
Docusign Envelope ID: C4257D86-D422-4F41-AD3B-5D711FF9F68F 287 626
Erosion control and BMP products
Final material certifications and warranties
Task 3 – Requests for Information (RFI) Review and Response WEBB shall provide comprehensive engineering support for the review, evaluation, coordination, and response to Contractor RFIs.

Services include:

Logging and tracking RFIs
Reviewing RFIs for completeness and clarity
Coordinating internally across disciplines
Coordinating with City staff when RFIs may affect scope, cost, or schedule Preparing written responses consistent with City standards RFIs shall be categorized by complexity to define the level of engineering effort required:

A. Simple RFIs (10)
Typically include:

Clarification of notes, dimensions, quantities, or plan references Interpretation of standard details or specifications
Field questions that can be resolved without design modification Services include:

Review and written response
Minor plan markup or reference to contract documents. Includes a total of 10 RFIs, with an average of 2 hours of the Engineer’s time and 1 hour of the Project Coordinator and Project Manager’s time per RFI.

B. Medium-Complexity RFIs (5)
Typically include:

Coordination between multiple disciplines
Minor design refinements or field-driven adjustments
Utility or drainage clarifications requiring limited analysis Supplemental sketches or exhibits
Services include:

Internal coordination and technical evaluation
Preparation of clarification sketches or exhibits
Written response with supporting documentation
Medium plan markup or reference to contract documents. Includes a total of 5 RFIs, with an average of 4 hours of the Engineer’s time and 1 hour of the Project Coordinator's time per RFI.

Docusign Envelope ID: C4257D86-D422-4F41-AD3B-5D711FF9F68F 288 627
C. Complex RFIs (5)
Typically include:

Differing site conditions
Conflicts with existing utilities
Discrepancies between plans and field conditions
Utility conflicts requiring evaluation of alternatives
Drainage, grading, or roadway geometry impacts
RFIs with potential cost, schedule, or scope implications Issues requiring coordination with outside agencies or third parties Services include:

Engineering analysis and evaluation of alternatives
Coordination meetings with the City and project stakeholders Preparation of detailed response narratives and supporting exhibits Plan markup or reference to contract documents. Includes a total of 5 RFIs, with an average of 8 hours of the Engineer’s time and 1 hour of the Project Coordinator's time per RFI.

Identification of potential impacts for City consideration Task 4 – Construction Progress Meetings
WEBB will attend construction progress meetings (a total of 24) as requested by the City, 8 inperson meetings and 16 virtual meetings.

Task 5 – Grading Quantity Verification
WEBB shall perform grading quantity calculations for earthwork pay quantities based on survey data provided by the Contractor.

Services include:

Review of Contractor-provided pre- and post-construction survey surfaces Independent calculation of excavation, fill, and import/export quantities Coordination with City staff and the Inspector to resolve discrepancies All field surveying shall be performed by the Contractor. WEBB’s role is limited to office-based quantity verification.

Task 6 – Record Drawings (As-Built Plans)
WEBB shall prepare Record Drawings for City acceptance.

Services include:

Incorporating approved RFIs, field directives, and clarifications Reviewing Contractor redline drawings
Docusign Envelope ID: C4257D86-D422-4F41-AD3B-5D711FF9F68F 289 628
Updating plan sheets to reflect final constructed conditions Record Drawings shall be based on information provided by the Contractor and City. WEBB shall not be responsible for independent field verification.

EXHIBIT “B” COMPENSATION FOR SCOPE OF SERVICES
WEBB proposes to provide the Construction Engineering Support Services on a time-andmaterials basis, billed monthly in accordance with the attached Schedule of Fees.

The total fee for services described in Exhibit “A” shall not exceed $78,624 without prior written authorization from the City.

Docusign Envelope ID: C4257D86-D422-4F41-AD3B-5D711FF9F68F 290 629
AMENDMENT NO. 5 TO PROFESSIONAL SERVICES AGREEMENT
(C00660) FOR THE DESIGN OF SUN LAKES BOULEVARD

EXTENSION BY AND BETWEEN CITY OF BANNING AND ALBERT
A. WEBB ASSOCIATES
THIS AMENDMENT NO. 5 TO THE PROFESSIONAL SERVICES
AGREEMENT FOR SERVICES (“Amendment No. 5”) by and between the CITY OF BANNING (“City”) and ALBERT A. WEBB ASSOCIATES, a California Corporation (“Consultant”) is effective as of this day: ______________.

RECITALS
A. City and Consultant entered into that certain Agreement for Professional Design Services dated June 23, 2020 (“Agreement”) whereby Consultant agreed to provide Design Services for the Design of Sun Lakes Boulevard Extension following a Request for Proposals for an amount not to exceed Five-Hundred Forty-Eight Thousand Four Hundred Sixteen Dollars and Five Cents ($548,416.05). The agreement included a 10% Contingency of Fifty-Four Thousand Eight Hundred Forty One Dollars and Sixty-One Cents ($54,841.61) for a total contract amount of Six Hundred Three Thousand Seven Hundred Twenty-Five Dollars and Sixty-Six Cents ($603,725.66). The Term of the Agreement was to commence on June 23, 2020, and continue in full force and effect until October 3, 2022.

B. On February 11, 2022, Public Works Department approved a change order to the Professional Services Agreement with Albert A. Webb Associates, Inc. for out-ofscope work including coordination with Western Riverside County Regional Conservation Authority (RCA) in the amount of $24,983.25, leaving a contingency balance of $29,858.36.

C. On March 21, 2022, Public Works Department approved a change order to the Professional Services Agreement with Albert A. Webb Associates, Inc. for the preparation of a sediment transport analysis (out of scope) in the amount of $5,974.88, leaving a contingency balance of $23,883.48.

D. On August 23,2022 City Council adopted City Council Resolution 2022-106 which authorized the increase in compensation for services provided under the Agreement by One Hundred Twenty-Nine Thousand Four Hundred Dollars ($129,400.00).

E. On October 11, 2022, City Council Adopted City Council Resolution 2022-139 to rescind Resolution 2022-106 and amend the Agreement to include additional compensation in the amount of One Hundred Forty-Eight Thousand Two Hundred Twenty-Two Dollars ($148,222.00) for a new contract total of Seven Hundred FiftyOne Thousand Nine Hundred Forty-Seven Dollars and Sixty-Six Cents ($751,947.66) and to extend the term of the Agreement through June 30, 2024.

F. On October 23, 2023, City and Consultant amended the Agreement to modify the Scope of Services, extend the Term of the Agreement to June 30, 2025, and increase the Contract Sum by Four Hundred Ninety-Six Thousand Seventy-Nine Dollars Docusign Envelope ID: 6C4E2DC9-7A2D-4C5F-852D-CE941C03BB50 8/21/2025
272 630
($496,079.00) for a total not to exceed amount of One Million Two Hundred Forty-Eight Thousand Twenty-Six Dollars and Sixty-Six Cents ($1,248,026.66).

G. On January 6, 2025, City and Consultant amended the Agreement to extend the Term of the Agreement to June 30, 2026.

H. On May 27, 2025, City and Consultant amended the Agreement to modify the Scope of Services and increase the Contract Sum to One Million Three Hundred Five Thousand One Hundred Six Dollars and Sixty-Six Cents. ($1,305,106.66) as approved by City Council Resolution No. 2025-070.

I. City and Consultant now desire to amend the Agreement to modify the Scope of Services and increase the Contract Sum to One Million Three Hundred Sixty-Four Thousand Seven Hundred Six Dollars and Sixty-Six Cents. ($1,364,706.66).

The Parties therefore agree follows:

1. Amended Terms. The Agreement is hereby amended as follows:

1.1 The Scope of Services as set forth in Section 1.1 of and Exhibit A to the Agreement is hereby amended to include the Services set forth in Attachment “1”, attached hereto and incorporated herein.

1.2 The maximum compensation for the Services performed pursuant to this Amendment No. 4 shall not exceed Fifty-Nine Thousand Six Hundred Dollars ($59,600.00) thereby increasing the Contract Sum, as set forth in Section 2.1 of the Agreement, to One Million Three Hundred Sixty-Four Thousand Seven Hundred Six Dollars and Sixty-Six Cents. ($1,364,706.66).

Miscellaneous Provisions

2.1 Continued Effect of Agreement. Except as amended by this Amendment No. 5, all provisions of the Agreement, as amended by Amendment Nos. 1, 2, 3, 4, and 5, shall remain unchanged and in full force and effect. From and after the date of this Amendment No. 5, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement, as amended by Amendment Nos. 1 through 5. In the event of a conflict between the provisions of this Amendment No. 5 and the provisions of the Agreement or Amendments No. 1 through 5, the provisions of this Amendment No. 5 shall control.

2.2 Consideration for Amendment. The parties hereby agree that they have each received adequate and independent consideration for the modifications to the Agreement set forth in this Amendment No. 5.

2.3 Authority. The persons executing this Amendment No. 5 on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment No. 5 on behalf of said party, Docusign Envelope ID: 6C4E2DC9-7A2D-4C5F-852D-CE941C03BB50 273 631
(iii) by so executing this Amendment No. 5, such party is formally bound to the provisions of this Amendment No. 5, and (iv) entering into this Amendment No. 5 does not violate any provision of any other agreement to which said party is bound.

1.3 Counterparts. This Amendment No. 5 may be signed in any number of counterparts, each of which will be an original, but all of which together will constitute one instrument.

1.4 Electronic Signatures. Each Party may adopt as its signature an electronic identification consisting of a symbol or code that is affixed to or contained in each document transmitted by such Party (“electronic signature”). The Parties hereto herby agree that electronic signatures are acceptable, shall have the same force and effect under the law as original wet signatures, and shall be sufficient to verify that the Parties have executed this Agreement and such other documents transmitted by the Parties.
[SIGNATURE PAGE FOLLOWS]
Docusign Envelope ID: 6C4E2DC9-7A2D-4C5F-852D-CE941C03BB50 274 632
The Parties are signing this Amendment No. 5 the date stated in the introductory clause.

CITY OF BANNING ALBERT A. WEBB ASSOCIATES, INC
NAME:

TITLE:

NAME:

TITLE:

Arturo Vela,
Acting City Manager
City Council Approval: ____________
ATTEST:

Sandra Calderon,
Acting Administrative City Clerk
NOTE: PROOF OF AUTHORITY TO BIND CONTRACTING PARTY REQUIRED.

APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE

BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.

Docusign Envelope ID: 6C4E2DC9-7A2D-4C5F-852D-CE941C03BB50 Vice President
Stephanie Standerfer
2025-116
275 633
3788 McCray Street, Riverside, CA 92506 | P:951.686.1070 | F:951.788.1256 | www.webbassociates.com August 8, 2025
Patrick Safari, CIP Manager
City of Banning
99 E. Ramsey Street
Banning, CA 92220
Sent via email: [email protected]
RE: Proposal for Contract Amendment No. 6 - Additional Environmental and Engineering Services for Sun Lakes Boulevard Extension Project (PSA C00660) Dear Patrick,
Pursuant to our discussion on July 3, 2025 and August 5, 2025, Albert A. WEBB Associates (WEBB) is pleased to provide you with this proposal for additional services for the Sun Lakes Boulevard Extension Project. The previous contract amendment authorized WEBB to conduct surveys for the Crotch’s bumble bee (Bombus crotchii, CBB) within the Project limits. CBB is a candidate for listing under the California Endangered Species Act and therefore treated as a listed species by the California Department of Fish and Wildlife (CDFW). The surveys were needed to comply with the Project’s CEQA mitigation measures and the forthcoming Streambed Alteration Agreement from CDFW. WEBB partnered with Osprey Environmental Associates who maintains the required credentials to survey for CBB.

The bee was found within the Project limits on June 27, 2025. Therefore, this contract amendment reflects the anticipation that the City will need an Incidental Take Permit (ITP) for CBB from CDFW and that the offsite mitigation proposed for mitigating the Project’s jurisdictional impacts may also be required to include mitigation for CBB.

In addition, the City has been coordinating with Kinder Morgan on the relocation of their fuel lines within the Sun Lake Boulevard project limits. Last week, Kinder Morgan requested that the slope be moved 50 feet to the north along the eastern project boundary. This proposed change will require revisions to the street improvement plans, including the relocation of the storm drain outlet. In addition, preparation of the slope & drainage and the temporary construction easement documents. The City is requesting a contract amendment to revise the street & storm drain improvement plans and easement document to accommodate Kinder Morgan’s request.

Finally, the City is preparing for pre-construction and construction surveys and has requested WEBB to provide archaeological and paleontological support for CEQA mitigation measures MM CR-1 (Monitoring and Inadvertent Discovery), MM GEO-1 (Paleontological Worker Environmental Awareness Program), and MM GEO-2 (Paleontological Resource Impact Mitigation Program).

Scope of Work
Task 1: Incidental Take Permit (ITP) Application
Osprey will prepare a complete ITP application that addresses potential impacts to CBB. The ITP application will include the following components:

1. Project Description
A detailed description of the proposed project, including scope, purpose, construction activities, and schedule, emphasizing elements relevant to biological resources and potential impacts to CBB.

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2 2. Project Location
A clear and accurate description of the project location, including jurisdiction, parcel boundaries, and regional context. GIS-based mapping will support this section, showing the spatial relationship of project elements to known CBB habitat.

3. Take Analysis
Assess the likelihood, nature, and extent of incidental take resulting from proposed project activities. This will include direct (e.g., crushing during grading) and indirect (e.g., habitat degradation) take mechanisms and their anticipated frequency and scale.

4. Impact Analysis
Evaluate the biological significance of the anticipated take, with an emphasis on how project-related impacts may affect local CBB populations. This will include discussion of habitat quality, floral resource availability, and the role of the site in the species’ life cycle.

5. Jeopardy Analysis
Assess whether issuance of the ITP would jeopardize the continued existence of CBB. This analysis will include:
• A review of known population trends and range contractions • Evaluation of existing threats to CBB (e.g., pesticides, habitat loss) • Consideration of cumulative impacts from related or nearby projects (*if data is available) • An assessment of how project mitigation and minimization measures offset potential risk to the species’ long-term survival and reproductive success

6. Minimization and Mitigation Measures
Propose feasible and enforceable measures to avoid, minimize, and fully mitigate impacts. These may include:
• Seasonal work windows
• Designated biologist oversight
• Daily biological sweeps
• No-disturbance buffers around observed individuals or nests • Restoration or enhancement of temporarily disturbed habitat • Permanent preservation of habitat at a 1:1 or greater ratio

7. Monitoring and Reporting Plan
Develop a monitoring plan to document implementation and effectiveness of all minimization and mitigation measures. This may include photo documentation, habitat success criteria, and adaptive management triggers.

8. Funding and Implementation
Describe the funding sources and financial assurances that are available to fully implement the ITP requirements, including habitat restoration, long-term management, and any required endowment contributions.

Osprey will be available to coordinate directly with CDFW staff throughout the application process to facilitate review and respond to any requests for additional information. We will prepare and submit the ATTACHMENT "1" A -2
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3 ITP package in a format consistent with CDFW’s current guidelines and expectations. This scope assumes up to two meetings will be required to discuss the findings and ITP application.

Task 2: CBB Habitat Assessment of Offsite Mitigation Site (APNs 532-180-049 and -017)
The City owns two parcels that have been identified in the Project’s regulatory permit applications to serve as offsite mitigation for jurisdictional impacts. The riparian/riverine portions of these parcels have already been surveyed by Osprey for suitability as mitigation for jurisdictional impacts; however, the survey did not assess whether it also contained suitable habitat for mitigation for CBB. Therefore, Osprey will conduct a biological assessment of the parcels to evaluate their suitability to support CBB habitat. This task will include both a comprehensive desktop review and a reconnaissance-level field assessment.

The desktop review will include a thorough analysis of relevant environmental databases and datasets, including but not limited to the California Natural Diversity Database (CNDDB) and applicable citizen science databases such as iNaturalist and the Xerces Society’s California Bumble Bee Atlas. This review will assess the historical and recent documentation of CBB in the vicinity of the proposed mitigation parcels.

Following the literature review, Osprey biologists will conduct a field-based reconnaissance survey by foot to assess site conditions and determine habitat suitability for CBB. The survey will evaluate the presence and quality of key habitat features such as floral diversity and abundance, availability of nesting substrates (e.g., rodent burrows, thatch layers), and potential overwintering habitat. All blooming species observed will be recorded and mapped using GPS and/or GIS, and vegetation communities will be broadly classified to inform mitigation potential.

Upon completion of these efforts, Osprey will prepare a summary letter report detailing the findings of both the desktop and field assessments. The report will include a habitat suitability evaluation, mapped habitat features, and a discussion of the site’s potential to serve as suitable mitigation for CBB under the California Endangered Species Act. This information will serve as baseline data to inform future coordination with the California Department of Fish and Wildlife and support Incidental Take Permit planning and review processes.

Task 3: Task 3. UAV (Drone) Survey(s) (Optional)
As an optional task, Osprey can perform a drone-based aerial survey of the two mitigation parcels identified in Task 2 to generate a high-resolution orthomosaic basemap. This product will provide a current, spatially accurate representation of site conditions, aiding in the visualization of habitat features and supporting documentation for mitigation planning.

The UAV survey will be conducted by an Osprey FAA-licensed Remote Pilot in Command (RPIC), accompanied by a qualified visual observer, in full compliance with FAA Part 107 regulations. Collected imagery will be processed into georeferenced orthomosaics suitable for GIS integration. The resulting basemap will enhance coordination with regulatory agencies, support comparative analyses over time, and provide a detailed visual record for future project documentation.

ATTACHMENT "1" A -3
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4 Drone survey data can be integrated into all deliverables prepared under Task 1 and Task 2 and will serve as a valuable resource for informing future monitoring, restoration planning, or adaptive management efforts on the mitigation parcels.

Task 4: WEBB Meetings and Coordination
WEBB has included 28 hours for meetings and coordination associated with Tasks 1-3 and Task 6. This includes reviewing documents, attending meetings, and coordinating with the City, and Morongo Band of Missions Indians for the tribal monitoring services agreement.

Task 5: Revise Street & Storm Drain Improvement Plans and Prepare Easement Documents
As part of the contract amendment, we will revise the street and storm drain improvement plans for the Sun Lake Boulevard project to incorporate design changes requested by Kinder Morgan. They have asked for the top of the slope to be moved 50 feet to the north along the eastern project boundary to accommodate the relocation of their existing fuel lines. In response, we will coordinate with the City to confirm the revised alignment and any right-of-way impacts. We will update the street improvement plans to reflect the new slope location and associated grading modifications. Additionally, we will revise the storm drain system design, including the relocation of the existing storm drain outlet and any affected infrastructure. We will prepare the slope & drainage and temporary construction easement (TCE) legal and plats. Our scope includes updating the relevant plan sheets, profiles, and details; providing revised quantities and construction cost estimates; and submitting the updated plans and easement documents for City review. We will also incorporate one round of review comments as part of this task.

Task 6: Archaeological and Paleontological Mitigation Measures WEBB will partner with CRM Tech to provide the City with the qualified archaeologists and paleontologists in order to fulfill CEQA mitigation measures MM CR-1 (Monitoring and Inadvertent Discovery), MM GEO1 (Paleontological Worker Environmental Awareness Program), and MM GEO-2 (Paleontological Resource Impact Mitigation Program).

Scope of Work: Preparation of the Paleontological Resource Impact Mitigation Program Document CEQA mitigation measure MM GEO-2 states that prior to the commencement of ground-disturbing activities, the Project Paleontologist (retained under MM GEO-1) shall prepare and implement a Paleontological Resource Impact Mitigation Program (PRIMP) for the Project. The PRIMP will describe the monitoring required during excavations that extend into locations of areas deemed to have a high paleontological resource potential, which include older Holocene-age and Pleistocene-age alluvial deposits. To meet the requirement to develop this document for this project, CRM TECH will review pertinent geological and paleontological documents available for the project area and vicinity and review the geotechnical study completed for the project as well as the site plan and grading plans. This information will be synthesized into a site-specific Program document that will outline the procedures for paleontological monitoring and for the proper treatment of all paleontological resources that may be encountered while monitoring the earth-disturbing activities associated with the project, as per the conditions for this project.

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5 Scope of Work: Preparing and Presenting the Paleontological Worker’s Environmental Awareness Program
CEQA mitigation measure MM GEO-1 states that in order to educate the construction contractor and each of the construction crews about the types of paleontological resources that may be encountered along the Sun Lakes Boulevard Extension Project, prior to the start of the construction, the City of Banning shall retain a professional paleontologist (the “Project Paleontologist”) to prepare a Paleontological Worker Environmental Awareness Program (WEAP). The Paleontological WEAP shall be taped and presented to any construction crew members not present at the preconstruction meeting during which it was initially presented prior to such crew members working on the Sun Lakes Boulevard Extension Project. To prepare for and present the training program, CRM TECH will review the available paleontological information for the study area and vicinity; collect information about the types fossils that might be present in the project area; gather examples of fossils (or photographs of fossils), maps, contact information, and other data for use during the training session; review and compile information regarding the monitoring activities including safety measures and the procedures to be followed during ground disturbance in sensitive areas and protocols that apply in the event that resources are discovered. This information will be assembled so that it can be presented in an easily understood, comprehensive Worker Environmental Awareness Program regarding paleontological resources.

Budget
Our proposed budget for the services listed herein will be billed on a not-to-exceed time and materials (T&M) basis according to our existing contract for a total not to exceed of $59,600.

Environmental & Engineering Services Fee
Task 1. (Osprey) Preparation of CDFW ITP Application for the Crotch’s Bumble Bee $ 15,530 Task 2.
(Osprey) Biological Assessment for Potential Crotch’s Bumblebee Mitigation Site(s) APNs: 532-180-049 & 532-180-017 $ 5,750
Task 3. (Osprey) UAV (Drone) Survey (Optional) $ 1,960
Task 4.
(WEBB) meetings and coordination, and tribal monitoring services agreement with Morongo Band of Mission Indians $ 5,690
Task 5.
(WEBB) Revise Street & Storm Drain Improvement Plans and Prepare Easement Documents $ 25,540
Task 6. (CRM Tech) Prepare PRIMP; Prepare and Present Paleontological WEAP $ 5,130 TOTAL $ 59,600
ATTACHMENT "1" A -5
Docusign Envelope ID: 6C4E2DC9-7A2D-4C5F-852D-CE941C03BB50 280 638
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6 The following is a summary of original, current, and proposed authorizations according to our records.

WEBB Original Authorization: $548,416.05 plus $54,841.61 contingency for total of $603,725.66
Change Order No. 1 $24,983.25 (subtracted from contingency) Change Order No. 2 $5,974.88 (subtracted from contingency) City Council Resolution 2022-106 $129,400 (rescinded)
City Council Resolution 2022-139 $148,222
Change Order No. 4 $496,079
Change Order No. 5 $57,080
Current Authorization $1,305,106.66
Proposed Change Order $59,600
Proposed Authorization $1,364,706.66
If you find this request acceptable, please issue a contract amendment to our office. We appreciate this opportunity to be of service to the City and look forward to hearing from you. If you have any questions regarding this proposal, please call me at (951) 830-4305.

Sincerely,
ALBERT A. WEBB ASSOCIATES
Dilesh Sheth, PE, TE
Senior Vice President
[email protected]
Copy: Stephanie Standerfer
Autumn DeWoody
ATTACHMENT "1" A -6
Docusign Envelope ID: 6C4E2DC9-7A2D-4C5F-852D-CE941C03BB50 281 639
AMENDMENT NO. 4 TO PROFESSIONAL SERVICES AGREEMENT
(C00660) FOR THE DESIGN OF SUN LAKES BOULEVARD

EXTENSION BY AND BETWEEN CITY OF BANNING AND ALBERT
A. WEBB ASSOCIATES
THIS AMENDMENT NO. 4 TO THE PROFESSIONAL SERVICES
AGREEMENT FOR SERVICES (“Amendment No. 4”) by and between the CITY OF BANNING (“City”) and ALBERT A. WEBB ASSOCIATES, a California Corporation (“Consultant”) is effective as of this day: ______________.

RECITALS
A. City and Consultant entered into that certain Agreement for Professional Design Services dated June 23, 2020 (“Agreement”) whereby Consultant agreed to provide Design Services for the Design of Sun Lakes Boulevard Extension following a Request for Proposals for an amount not to exceed Five-Hundred Forty-Eight Thousand Four Hundred Sixteen Dollars and Five Cents ($548,416.05). The agreement included a 10% Contingency of Fifty-Four Thousand Eight Hundred Forty One Dollars and Sixty-One Cents ($54,841.61) for a total contract amount of Six Hundred Three Thousand Seven Hundred Twenty-Five Dollars and Sixty-Six Cents ($603,725.66). The Term of the Agreement was to commence on June 23, 2020, and continue in full force and effect until October 3, 2022.

B. On February 11, 2022, Public Works Department approved a change order to the Professional Services Agreement with Albert A. Webb Associates, Inc. for out-ofscope work including coordination with Western Riverside County Regional Conservation Authority (RCA) in the amount of $24,983.25, leaving a contingency balance of $29,858.36.

C. On March 21, 2022, Public Works Department approved a change order to the Professional Services Agreement with Albert A. Webb Associates, Inc. for the preparation of a sediment transport analysis (out of scope) in the amount of $5,974.88, leaving a contingency balance of $23,883.48.

D. On August 23,2022 City Council adopted City Council Resolution 2022-106 which authorized the increase in compensation for services provided under the Agreement by One Hundred Twenty-Nine Thousand Four Hundred Dollars ($129,400.00).

E. On October 11, 2022, City Council Adopted City Council Resolution 2022-139 to rescind Resolution 2022-106 and amend the Agreement to include additional compensation in the amount of One Hundred Forty-Eight Thousand Two Hundred Twenty-Two Dollars ($148,222.00) for a new contract total of Seven Hundred FiftyOne Thousand Nine Hundred Forty-Seven Dollars and Sixty-Six Cents ($751,947.66) and to extend the term of the Agreement through June 30, 2024.

F. On October 23, 2023, City and Consultant amended the Agreement to modify the Scope of Services, extend the Term of the Agreement to June 30, 2025, and increase the Contract Sum by Four Hundred Ninety-Six Thousand Seventy-Nine Dollars Docusign Envelope ID: 01A08EE0-B9E7-4A85-B399-92075202D3D3 May 27, 2025
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($496,079.00) for a total not to exceed amount of One Million Two Hundred Forty-Eight Thousand Twenty-Six Dollars and Sixty-Six Cents ($1,248,026.66).

G. On January 6, 2025, City and Consultant amended the Agreement to extend the Term of the Agreement to June 30, 2026.

H. City and Consultant now desire to amend the Agreement to modify the Scope of Services,and increase the Contract Sum to One Million Three Hundred Five Thousand One Hundred Six Dollars and Sixty-six Cents. ($1,305,106.66).

The Parties therefore agree follows:

1. Amended Terms. The Agreement is hereby amended as follows:

1.1 The Scope of Services as set forth in Section 1.1 of and Exhibit A to the Agreement is hereby amended to include the Services set forth in Attachment “1”, attached hereto and incorporated herein.

1.2 The maximum compensation for the Services performed pursuant to this Amendment No. 4 shall not exceed Fifty-Seven Thousand Eighty Dollars ($57,080.00) thereby increasing the Contract Sum, as set forth in Section 2.1 of the Agreement, to One Million Three Hundred Five Thousand One Hundred Six Dollars and Sixty-six Cents. ($1,305,106.66).

Miscellaneous Provisions

2.1 Continued Effect of Agreement. Except as amended by this Amendment No. 43, all provisions of the Agreement, as amended by Amendment Nos. 1, 2, 3, and 4, shall remain unchanged and in full force and effect. From and after the date of this Amendment No. 4, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement, as amended by Amendment Nos. 1 through 4. In the event of a conflict between the provisions of this Amendment No. 4 and the provisions of the Agreement or Amendments No. 1 through 4, the provisions of this Amendment No. 4 shall control.

2.2 Consideration for Amendment. The parties hereby agree that they have each received adequate and independent consideration for the modifications to the Agreement set forth in this Amendment No. 4.

2.3 Authority. The persons executing this Amendment No. 4 on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment No. 4 on behalf of said party, (iii) by so executing this Amendment No. 4, such party is formally bound to the provisions of this Amendment No. 4, and (iv) entering into this Amendment No.

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4 does not violate any provision of any other agreement to which said party is bound.

1.3 Counterparts. This Amendment No. 4 may be signed in any number of counterparts, each of which will be an original, but all of which together will constitute one instrument.

1.4 Electronic Signatures. Each Party may adopt as its signature an electronic identification consisting of a symbol or code that is affixed to or contained in each document transmitted by such Party (“electronic signature”). The Parties hereto herby agree that electronic signatures are acceptable, shall have the same force and effect under the law as original wet signatures, and shall be sufficient to verify that the Parties have executed this Agreement and such other documents transmitted by the Parties.
[SIGNATURE PAGE FOLLOWS]
Docusign Envelope ID: 01A08EE0-B9E7-4A85-B399-92075202D3D3 262 64
The Parties are signing this Amendment No. 4 the date stated in the introductory clause.

CITY OF BANNING ALBERT A. WEBB ASSOCIATES, INC.

NAME:

TITLE:

NAME:

TITLE:

Robert Fisher,
Acting City Manager
City Council Approval: ___________
ATTEST:

Caroline Patton
Administrative City Clerk
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.

APPROVED AS TO FORM
Solvak, Baron, Empey, Murphy & Pinkney LLP
John O. Pinkley
City Attorney
Docusign Envelope ID: 01A08EE0-B9E7-4A85-B399-92075202D3D3 Stephanie Standerfer
Vice President
RESO 2025-068
263 64
ATTACHMENT “1”
Docusign Envelope ID: 01A08EE0-B9E7-4A85-B399-92075202D3D3 264 64
2020-0126
3788 McCray Street, Riverside, CA 92506 | P:951.686.1070 | F:951.788.1256 | www.webbassociates.com February 28, 2025
Revised April 23, 2025
Patrick Safari, CIP Manager
City of Banning
99 E. Ramsey Street
Banning, CA 92220
Sent via email: [email protected]
RE: Proposal for Contract Amendment No. 4 - Additional Environmental Services for Sun Lakes Boulevard Extension Project (PSA C00660)
Dear Patrick,
Pursuant to your request on February 6, 2025, and subsequent discussion on April 2, 2025, Albert A.

WEBB Associates (WEBB) is pleased to provide you with this proposal for additional services for the Sun Lakes Boulevard Extension Project. WEBB is currently under contract with the City to obtain regulatory permits for the project from the California Department of Fish and Wildlife (CDFW) and the Regional Water Quality Control Board (RWQCB).

Said permits have requirements that the City will need to fulfill prior to construction of the project which are outlined below in Task 1. Biological reporting and monitoring that is required during construction are not included herein, but as we have discussed with you, we understand the City will include the permitting-related tasks during construction to be included in the City’s forthcoming construction management contract.

Also included in this request is the City’s obligation for compensatory mitigation related to impacts to jurisdictional waters which are required to be fulfilled within 18 months of impacts. Task 2 includes WEBB’s assistance with the compensatory mitigation obligations.

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Scope of Work
Task 1: Biological Services During Construction
The Tasks below are related to the surveying and reporting requirements of the CDFW permit, RWQCB permit, as well as CEQA mitigation measures MM BIO-1 through MM BIO-4.1 WEBB will subcontract with Osprey Environmental Associates (Osprey) to fulfill these requirements.

Preconstruction Nesting Bird Survey and Report (corresponds to CDFW Measures 2.11.1 and 4.4; CEQA MM BIO-1)
Osprey will conduct preconstruction nesting bird surveys if vegetation clearance occurs outside the recommended window (September 1 – February 1). Surveys will be performed within three (3) days prior to construction initiation to identify active nests within 100 feet of the project site. A survey report by a qualified biologist verifying nest status will be submitted to the City of Banning prior to construction. If active nests are identified, species-specific measures will be implemented to prevent nest abandonment.

Burrowing Owl Pre-Construction Inspection Survey and Report (corresponds to CDFW Measure 2.12.4 and CEQA MM BIO-2)
A single preconstruction burrowing owl survey will be conducted within 3 days of vegetation removal or ground disturbance. The survey will comply with the Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP) and 2006 "Burrowing Owl Survey Instructions” and will cover entire the project site and within 150-meters. If burrowing owls are detected during the breeding season (February 1–August 31), a 300-foot buffer will be enforced around active burrows until nesting is complete. Following the survey, a burrowing owl pre-construction survey report will be prepared and submitted to WEBB in PDF format. The survey report will document the methods, results, and conclusion of the survey.

Crotch’s Bumble Bee (corresponds to CEQA MM BIO-3)
• Crotch’s Bumble Bee Habitat Mapping and Report (corresponds to CDFW Measure 2.14) Osprey will conduct habitat mapping for the Crotch’s bumblebee within the project footprint.

Mapping will identify habitat alliances following Sawyer et al. (2009). Following field mapping and no less than 120 days prior to the initiation of activities Osprey will complete and submit to CDFW a baseline habitat mapping report. The report will identify species composition for each mapped alliance and will be submitted to CDFW.
• Crotch’s Bumble Bee Draft Survey Plan (corresponds to CDFW Measure 2.15.2) A qualified Osprey biologist will prepare and submit to CDFW for review and comment a draft survey plan for Crotch’s bumble bee. The survey plan will identify the timing, number, and duration of survey efforts, and procedures to follow should Crotch’s bumble bee be detected within the project area. 1 There are a total of five mitigation measures for biological resources. MM BIO-5 is “Mitigation for Riparian/Riverine and Jurisdictional Impacts.” WEBB’s assistance with this is in Task 2, herein.

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The survey plan will be submitted no less than 90 days prior to initiation of project activities in suitable habitat.
• Crotch’s Bumble Bee Survey(s) and Report (corresponds to CDFW Measure 2.15.3) If habitat mapping identifies the presence of plants (e.g., genera Antirrhinum, Phacelia, Clarkia, Cordylanthus, Dendromecon, Eschscholzia, Eriogonum, Hypericum, Lantana, Lupinus, Salvia, Asclepias, Cirsium, Monardella, Keckiella, Acmispon, Euthamia, Ehrendorferia, Vicia, and/or Trichostema) or other suitable habitat (i.e. nesting, foraging, and overwintering habitat), Osprey will conduct focused surveys for the Crotch’s bumblebee (CBB) following the approval and submittal of survey plan. Osprey will first conduct a literature review and records search for CBB occurrences within a 10-mile radius, utilizing the CDFW California Natural Diversity Database and iNaturalist.

Following the literature review, Osprey will conduct on-site CBB surveys following the Survey Considerations for California Endangered Species Act Candidate Bumble Bee Species (CDFW 2023). These surveys will take place during the Colony Active Period (April-August) and when floral resources are available, ideally at peak bloom. A minimum of three surveys will be conducted, spaced 2-4 weeks apart between April and August. Surveys will be performed during daylight, beginning at least one hour after sunrise and ending at least two hours before sunset, ideally between 9:00 AM and 1:00 PM, with temperatures between 65°F and 90°F and wind speeds under 8 miles per hour. Each survey will cover at least one person-hour of search effort per three acres of suitable habitat.

Following the completion of the surveys, a report will be prepared summarizing the survey methods, findings, and conclusions. The report will also include a list of bee species observed and any accompanying photographs. Survey results will be submitted to CDFW before ground-disturbing activities begin. If an active CBB nest is detected, a no-disturbance buffer zone will be established, and CDFW will be notified.

Biological Worker’s Environmental Awareness Program (WEAP) and Invasive Species Education Program (corresponds to CDFW Measures 2.8 and 2.8.1; CEQA MM BIO-4) Osprey will develop and conduct a mandatory Biological Worker’s Environmental Awareness Program (WEAP) training for all construction personnel. This training will cover key topics, including CBB, burrowing owls, rare plant species, and riparian/riverine features. WEAP training will be coordinated with the paleontological WEAP. A recorded training will be prepared and available.

Further, included in the WEAP will be an additional discussion of the invasive species currently present within the project site as well as those that may pose a threat to or have the potential to invade the Project site. The discussion will include a physical description of each species and information regarding their habitat preferences, local and statewide distribution, modes of dispersal, and impacts. The invasive species education program will also include a discussion of Best Management Practices (BMPs) to be implemented at the Project site to avoid the introduction and spread of invasive species into and out of the Project site.

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WEBB Management of Biological Services
WEBB has budgeted 40 hours to manage and coordinate with Osprey related to Task 1 including reviewing documents, and meeting with the City.

UAV (Drone) Survey(s) (Optional)
Osprey can provide a drone survey of the project area to generate a high-resolution orthomosaic basemap, offering a temporally and spatially accurate depiction of the project site as is currently prior to construction and post-construction. This updated imagery can serve as a key reference for stakeholders, ensuring precise visualization of project lands, roads, and planned or constructed infrastructure. The orthomosaic will enhance project planning, coordination, and decision-making by delivering highly accurate spatial and visual data. The flight will be conducted by an Osprey FAA-licensed Remote Pilot in Command (RPIC) and a visual observer, ensuring full compliance with FAA regulations. The drone data collection and subsequent GIS analysis will be used to support all of Osprey’s reporting deliverables included herein. Deliverables will include a high-resolution orthomosaic base map, digital terrain model depicting project ground elevations, and a digital surface model depicting project surface elevations.

Although a temporally and spatially accurate orthomosaic basemap is informative and helpful, this optional service is not required in order to complete any of the aforementioned tasks.

Task 1 Assumptions
• None of the species identified above will be found on site. • This scope includes one (1) in-person WEAP training. Any additional training sessions will require a separate scope and fee.
• Materials required for delineating Environmentally Sensitive Areas (ESAs) or establishing nesting buffers are not included in this proposal. The cost of these materials will be billed directly to the client if not provided by the City.
• The preparation of a Burrowing Owl Mitigation Plan is not included. If required, Osprey will provide a separate scope and fee for this task.
• This proposal does not cover small mammal trapping or the preparation of a small mammal trapping survey report. If required, Osprey will provide an additional scope and fee for these efforts.
• Assistance with securing an Incidental Take Permit (ITP) from CDFW is not included. If required, Osprey can provide a separate scope and fee for this task.

Task 2: WEBB Assistance with Offsite Compensatory Mitigation Fulfillment (corresponds to CDFW Measure 3.3; CEQA MM BIO-5)
WEBB has included 50 hours to help the City to set up its compensatory mitigation obligation utilizing an offsite mitigation site owned by the City located southeast of the City’s wastewater treatment plant. We anticipate actions under this task will be to advise and support the City related to: finding a third party to hold a conservation easement/deed restriction(s) on the City’s property (City to retain Docusign Envelope ID: 01A08EE0-B9E7-4A85-B399-92075202D3D3 268 64
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City of Banning
fee title), negotiate and find the City a third party land manager and assist City with said agreement, and finding an entity to provide a non-wasting endowment. We understand the City will take lead on each of these tasks; therefore this budget is for things like attending meetings to provide project background and making connections to facilitate the process.

Budget
Our proposed budget for the services listed herein will be billed on a Time and Materials basis according to our existing contract for a total not to exceed of $57,080.

Environmental Services
Task 1 - Biological Services
Preconstruction Nesting Bird Survey and Report $ 4,660
Burrowing Owl Pre-Construction Inspection Survey and Report $ 6,230 Crotch’s Bumble Bee Habitat Mapping and Report $ 6,840
Crotch’s Bumble Bee Draft Survey Plan $ 4,350
Crotch’s Bumble Bee Survey(s) and Report $ 14,380
WEBB Management of Task 1 (40 hours) $ 7,150
Optional UAV (Drone) Survey $ 4,370
Task 2 - Management and Coordination for Offsite Mitigation $ 9,100 TOTAL $ 57,080
The following is a summary of original, current, and proposed authorizations according to our records.

WEBB Original Authorization: $548,416.05 plus $54,841.61 contingency for total of $603,725.66
Change Order No. 1 $24,983.25 (subtracted from contingency) Change Order No. 2 $5,974.88 (subtracted from contingency) City Council Resolution 2022-106 $129,400 (rescinded)
City Council Resolution 2022-139 $148,222
Change Order No. 3 $496,079
Current Authorization $1,248,026.66
Proposed Change Order $57,080
Total WEBB Authorization with Proposed
Change Order $1,305,106.66
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City of Banning
If you find this request acceptable, please issue a contract amendment to our office. We appreciate this opportunity to be of service to the City and look forward to hearing from you. If you have any questions regarding this proposal, please call me at (951) 830-4305.

Sincerely,
ALBERT A. WEBB ASSOCIATES
Dilesh Sheth, PE, TE
Senior Vice President
[email protected]
Copy: Stephanie Standerfer
Autumn DeWoody
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Page | 6
Docusign Envelope ID: 01A08EE0-B9E7-4A85-B399-92075202D3D3 271 65
AMENDMENT NO. 3 TO PROFESSIONAL SERVICES AGREEMENT
(C00660) FOR THE DESIGN OF SUN LAKES BOULEVARD

EXTENSION BY AND BETWEEN CITY OF BANNING AND ALBERT
A. WEBB ASSOCIATES
THIS AMENDMENT NO. 3 TO THE PROFESSIONAL SERVICES
AGREEMENT FOR SERVICES (“Amendment No. 3”) by and between the CITY OF BANNING (“City”) and ALBERT A. WEBB ASSOCIATES, a California Corporation (“Consultant”) is effective as of this day: ______________.

RECITALS
A. City and Consultant entered into that certain Agreement for Professional Design Services dated June 23, 2020 (“Agreement”) whereby Consultant agreed to provide Design Services for the Design of Sun Lakes Boulevard Extension following a Request for Proposals for an amount not to exceed Five-Hundred Forty-Eight Thousand Four Hundred Sixteen Dollars and Five Cents ($548,416.05). The agreement included a 10% Contingency of Fifty-Four Thousand Eight Hundred Forty One Dollars and Sixty-One Cents ($54,841.61) for a total contract amount of Six Hundred Three Thousand Seven Hundred Twenty Five Dollars and Sixty Six Cents ($603,725.66) The Term of the Agreement was to commence on June 23, 2020, and continue in full force and effect until October 3, 2022.

B. On February 11, 2022, Public Works Department approved a change order to the Professional Services Agreement with Albert A. Webb Associates, Inc. for out-ofscope work including coordination with Western Riverside County Regional Conservation Authority (RCA) in the amount of $24,983.25, leaving a contingency balance of $29,858.36.

C. On March 21, 2022, Public Works Department approved a change order to the Professional Services Agreement with Albert A. Webb Associates, Inc. for the preparation of a sediment transport analysis (out of scope) in the amount of $5,974.88, leaving a contingency balance of $23,883.48.

D. On August 23,2022 City Council adopted City Council Resolution 2022-106 which authorized the increase in compensation for services provided under the Agreement by One Hundred Twenty-Nine Thousand Four Hundred Dollars ($129,400.00).

E. On October 11, 2022, City Council Adopted City Council Resolution 2022-139 to rescind Resolution 2022-106 and amend the Agreement to include additional compensation in the amount of One Hundred Forty-Eight Thousand Two Hundred Twenty-Two Dollars ($148,222.00) for a new contract total of Seven Hundred FiftyOne Thousand Nine Hundred Forty-Seven Dollars and Sixty-Six Cents ($751,947.66) and to extend the term of the Agreement through June 30, 2024.

F. On October 23, 2023, City and Consultant amended the Agreement to modify the Scope of Services, extend the Term of the Agreement to June 30, 2025, and increase the Contract Sum by Four Hundred Ninety-Six Thousand Seventy-Nine Dollars Docusign Envelope ID: 01AD65EE-8891-443E-8A68-1BCD3B1F23B4 1/6/2025
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($496,079.00) for a total not to exceed amount of One Million Two Hundred Forty-Eight Thousand Twenty-Six Dollars and Sixty-Six Cents ($1,248,026.66).

G. City and Consultant now desire to amend the Agreement to extend the Term of the Agreement to June 30, 2026.

The Parties therefore agree follows:

1. Amended Terms. The Agreement is hereby amended as follows:

1.1 The Term of the Agreement, as set forth in Section 3.4 of the Agreement, is hereby extended through June 30, 2026, unless sooner terminated or extended as provided in the Agreement.

2. Miscellaneous Provisions

2.1 Continued Effect of Agreement. Except as amended by this Amendment No. 3, all provisions of the Agreement, as amended by Amendment Nos. 1, 2, and 3, shall remain unchanged and in full force and effect. From and after the date of this Amendment No. 3, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement, as amended by Amendment Nos. 1 through 3. In the event of a conflict between the provisions of this Amendment No. 3 and the provisions of the Agreement or Amendments No. 1 through 3, the provisions of this Amendment No. 3 shall control.

2.2 Consideration for Amendment. The parties hereby agree that they have each received adequate and independent consideration for the modifications to the Agreement set forth in this Amendment No. 3.

2.3 Authority. The persons executing this Amendment No. 3 on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment No. 3 on behalf of said party, (iii) by so executing this Amendment No. 3, such party is formally bound to the provisions of this Amendment No. 3, and (iv) entering into this Amendment No. 3 does not violate any provision of any other agreement to which said party is bound.

2.4 Counterparts. This Amendment No. 3 may be signed in any number of counterparts, each of which will be an original, but all of which together will constitute one instrument.

2.5 Electronic Signatures. Each Party may adopt as its signature an electronic identification consisting of a symbol or code that is affixed to or contained in each document transmitted by such Party (“electronic signature”). The Parties hereto herby agree that electronic signatures are acceptable, shall have the same force and effect under the law as original wet signatures, and shall be sufficient Docusign Envelope ID: 01AD65EE-8891-443E-8A68-1BCD3B1F23B4 257 63
to verify that the Parties have executed this Agreement and such other documents transmitted by the Parties.
[SIGNATURE PAGE FOLLOWS]
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The Parties are signing this Amendment No. 3 the date stated in the introductory clause.

CITY OF BANNING CONSULTANT
Douglas Schulze,
City Manager
NAME:

TITLE:

City Council Approval: __n/a___________ NAME:

TITLE:

ATTEST:

Caroline Patton
Administrative City Clerk
NOTE: PROOF OF AUTHORITY TO BIND CONTRACTING PARTY REQUIRED.

APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE

BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.

Docusign Envelope ID: 01AD65EE-8891-443E-8A68-1BCD3B1F23B4 Stephanie Standerfer
Vice President
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