Banning City Council
June 23, 2026

CITY of BANNING
Budgetary and Fiscal Policies
I. PURPOSE
To satisfy our fiduciary responsibilities of being Transparent and Accountable in our use of public resources and to ensure Fiscal Sustainability in supporting our continued delivery of reliable services to our residents and visitors to our City.

II. METHODS FOR COMPLIANCE
City Council Periodic Review
The City Council shall conduct an annual review of this policy document to evaluate its effectiveness, consider any necessary refinements and formally adopt it. As part of this review the City Manager and Finance Director will present an overview of the City’s compliance with this Policy and commit to continual compliance.

Budget Development & Operational Policies
Budget Message

1. The City Manager is ultimately responsible for ensuring that a Budget Document is presented to the City Council and the public in a manner that is clear, understandable, and comprehensive to all stakeholders, including City staff, City Council, and residents.

The City Manager’s Budget Message will highlight key assumptions of the proposed budget, any explicit or implicit policy decisions, and, if the budget is adopted by the City Council, the short and long-term implications to the City’s current fiscal position and long-term fiscal sustainability.

The City Manager’s Budget Message should include an affirmation that the Proposed Budget conforms with the entirety of these Budgetary and Fiscal Policies. If any exceptions to this policy are proposed, they should be clearly identified, evaluated alongside alternatives, and accompanied by proposed plan to reach full conformance.

Structurally Balanced Budget

2. The City Manager is to propose a “structurally balanced” budget (i.e., ongoing expenditures are funded by ongoing revenues) for the General Fund and all other Funds.

To the extent the City Manager requests a deviation from this requirement, it should be clearly highlighted and discussed in the Budget Message. Preferably, any such deviations from policy should be identified and addressed prior to the Budget being presented to the City Council for adoption. The discussion shall outline, the reasons for the exception(s), the short and long-term implications, and how/when the City will return to compliance with this policy.
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Budget Controls

3. The City will maintain a budgetary control system to ensure compliance with the adopted budget. The City will prepare quarterly status reports comparing actual revenues and expenditures to budgeted amounts. Where practical, the City will develop performance measures to be included in the operating budget.

Mid-Year Budget Review

4. The City will provide a detailed mid-year review that compares the Adopted Budget to actual revenue/expenditure activity. The review will clearly communicate the City’s level of conformance with the original Adopted Budget and expected year end fiscal position.

This mid-year review will also include presentation of the Audited Annual Comprehensive Financial Report (ACFR) from the previous fiscal year with a layperson’s assessment of key findings within the ACFR. At a minimum, this assessment should include material fund balance deviations between budgeted vs. audited actual balances as well as any relevant audit findings identified in the Management Letter, the Single Audit Report, the ACFR auditor’s opinion letter or other applicable source.

Budget Planning Workshop

5. The City will conduct an annual City Council workshop with the purpose of reflecting on the City’s current and expected long-term fiscal position for the General Fund, Utilities, and other Funds; current service levels and perceived needs of the community; and the parameters for the City Manager’s upcoming Proposed Budget. A 5 or 10-year fiscal forecast should be completed and discussed at this workshop.

Other Budget Goals

6. The City will strive to provide adequate maintenance of facilities, plant, and equipment and for the orderly replacement. If this is not occurring, this fact should be communicated with the City Council.

7. The City will project its equipment replacement and maintenance needs for the next several years and will update these projections annually. For this projection, a maintenance and replacement schedule will be developed and followed.

8. During the budget process, the City will reassess services and service levels. Staff may seek citizen input by surveys, public forums, and similar methods to accomplish this evaluation.

Capital Improvement Policies

1. The City will maintain a rolling 5-year capital improvement plan presented annually with the adoption of each annual budget.

2. Capital improvements are to be funded primarily by user fees, service charges, development impact fees, assessments, special taxes, or developer agreements as appropriate.

3. The City will require that project costs and related funding be submitted with requested capital projects. “Full life” costs including operating, maintenance and demolition, if any, should be identified.
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4. Although the City will strive to finance projects on a pay-as-you-go basis, the City Manager may recommend, and the Council may conclude that issuance of debt is the preferred alternative. This will be based on a study of the economy and other matters discussed below. The City will use the following criteria to evaluate the use of long-term financing vs. pay-as-you-go funding for capital projects:

Factors favoring pay-as-you-go.
• current revenues and excess reserves are available now and into the foreseeable future, or project phasing can be accomplished.
• debt levels adversely affect credit rating or there is unacceptable risk to the budget. • market conditions are unstable, or marketing difficulties exist for the debt.

Factors favoring long-term financing.
• the most equitable way of financing a project that benefits the entire community would be debt financing (pay-as-you-use) to provide the services in a timely manner. • revenues available for debt service are determined to be sufficient and reliable to provide funding for long-term financing which can be marketed with investment grade credit ratings. The assumption for the future revenue projections should include a conservative fiscal forecast (e.g., impacts of recessionary cycles, etc.). • the facility and underlying fiscal security for the financing is of the type that will support an investment grade credit rating.
• market conditions present favorable interest rates and demand for City financing. • a project is mandated by state and/or federal requirements and current revenues or fund balances are insufficient to “pay-as-you-go”.
• the facility is immediately required to meet or relieve capacity needs. • the life of the asset financed is equal to or longer than the life of the debt service. • the proposed long-term financing must conform with the Debt Management Policies below.

Revenue Policies

1. The City will strive to maintain a diversified revenue system to protect it from short-run fluctuations in any one revenue source.

2. State and Federal funds may be pursued and utilized, but only when the City can be assured that the total costs and requirements of accepting funds are known and judged not to adversely impact the City’s General Fund and other Funds.

3. The City, where allowed by law, will review all fees for licenses, permits, fines, and other miscellaneous charges on a 3–5-year rotating basis. They will be adjusted as necessary after considering inflation, cash flow needs, direct and indirect costs to provide the services, the need to meet Fund Balance policies, and any other factors pertinent to the specific item. A regular review and implementation of index escalators will be applied wherever authorized by resolution or ordinance.
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4. The City shall review enterprise rates (i.e., rate studies, cost of service analysis) every 5 to 6 years, or earlier if needed, to ensure revenues are sufficient to cover operations, capital, reserves, and debt obligations.

5. An administrative fee will be charged where allowed by law for administrative services, provided the fee is based on the reasonable estimated costs incurred.

6. All proposed capital projects will have a detailed capital budget specifying total costs and total revenues and shall identify the source of proposed revenues.

Debt Management Policies

1. The City will not use long-term debt to finance current operations. Long-term borrowing will be confined to capital improvements or similar projects with an extended life which cannot be “pay-as-you-go” financed from current and conservatively expected revenues over the life of the asset.

2. Debt payments shall not extend beyond the estimated useful life of the project being financed. The City will try to keep the average maturity of bonded debt at or below 20 years.

3. The City will maintain good communications with bond rating agencies and the bond market concerning its financial condition consistent with best practices and SEC guidelines.

4. The City may utilize lease purchasing with specific approval of the City Manager. The useful life of the item must be equal to or greater than the length of the lease. A lease purchase will require City Council approval beyond a five-year lease term, or the principal amount is over the City Manager’s authorized contract signing level.

5. The City will not obligate the General Fund to secure financing unless the marketability of the issue will be significantly enhanced resulting in lower interest costs, and there is appropriate review of the risk to the General Fund. This assessment of risk should be independently affirmed by the Municipal Financial Advisor.

6. A feasibility analysis shall be prepared for each request for long-term financing which analyzes the impact on current and future fiscal year budgets for debt service and operations. The analysis shall also address the reliability of revenues supporting annual debt service along with the risk of inevitable economic cycles that could impact that reliability.

7. The City shall conduct financing on a competitive basis unless, for reasons of market volatility, the use of an unusual financing structure or a complex security structure indicates the negotiated financing is preferred. These options should be evaluated with our contracted Municipal Financial Advisors.

8. The City will monitor all forms of debt on an annual basis and report concerns or suggested restructuring, if any, to the City Council as part of the annual Budget Planning Workshop process.

9. Enterprise and Property owner-based financing will only be issued under the assumption that the issue is self-supporting from user fees and charges, assessments, and special taxes without impacting the General Fund.
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10. Appropriate credit enhancements, such as insurance or letters of credit shall be considered for marketing purposes, availability, and cost effectiveness.

11. The City shall diligently monitor its compliance with bond covenants and ensure its compliance with federal arbitrage regulations. Any current or expected non-compliance needs to be communicated to Council along with a plan to address it.

12. The City may issue interfund loans, but they must comply with the City of Banning current Interfund Advances or Loan Policy.

Fund Balance Policy For the General Fund
The Fund Balance (like household savings) of the General Fund is a critical buffer for the inevitable emergencies (e.g., recessionary impact on revenues, etc.), for an unexpected crisis, (e.g., uninsured loss, legal and/or court decisions), and to address operating cash flow needs.

Because the General Fund is so foundational to the City’s ability to provide services, the Policy goals discussed here, and the following section are extremely important.

The City’s Fund Balance available for emergencies and to meet cash needs should be a minimum 17% with a target range of 17% to 30% of operating appropriations.

This Fund Balance Policy establishes the desired funding level to ensure fiscal sustainability, protection against the unexpected and to meet cash flow needs. The following section sets out the procedures for reporting fund balance in the General Fund financial statements. The policy also authorizes and directs the Finance Director to prepare financial reports which categorize fund balance as per Governmental Accounting Standards Board (GASB) Statement No. 54, Fund Balance Reporting and Governmental Fund Type Definitions.

During the Mid-Year Budget Review, the Budget Planning Workshop, and the Budget presentation to City Council, the Finance Director, in conjunction with the City Manager, will report on the condition of the Fund Balances and provide an assessment of their compliance with this Policy. To the extent there is non-compliance, a plan shall be presented to achieve compliance in a timely fashion. Failure to do so presents an unacceptable risk to the City.

III. ACCOUNTING PROCEDURES FOR POLICY COMPLIANCE
Fund Balance is essentially the difference between the assets and liabilities reported in a governmental fund. There are five separate components of fund balance, each of which identifies the extent to which the City is bound to honor constraints on the specific purpose for which amounts can be spent.
• Nonspendable Fund Balance (inherently nonspendable, will not convert to cash in the following year; thus, cannot be used as an available resource in the budget) • Restricted Fund Balance (externally enforceable limitations on use) • Committed Fund Balance (City Council self-imposed limitations on use) • Assigned Fund Balance (limitations resulting from City Council intended use) • Unassigned Fund Balance (residual net resources available for use) The first two components listed above are not addressed in this policy due to the nature of their restrictions. An example of Nonspendable Fund Balance is inventory or other asset that will not 991

convert to spendable cash in the next year. Restricted fund balance is either imposed by law or constrained by grantors, contributors, contracts, or regulations of other governments. This policy is focused on financial reporting of Fund Balance that can be controlled by City Council decision, the last three components listed above (Committed, Assigned and Unassigned). These three components are further defined below.

Committed Fund Balance
The City Council, as the City’s highest level of decision-making authority, may commit Fund Balance for specific purposes pursuant to constraints already imposed by formal actions taken, such as an ordinance or resolution. These committed amounts cannot be used for any other purpose unless the City Council removes or changes the specified use through the same type of formal action taken to establish the commitment. City Council action to commit Fund Balance needs to occur within the fiscal reporting period; however, the amount can be determined subsequently.

The Finance Director is the subject matter expert and is expected to ensure compliance with the following Fund Balance policy. If noncompliance occurs or is expected to, this fact will be reported to the City Manager. These two are then expected to report out to the Council at the earliest possible time as to why there is noncompliance and propose a plan for eventual compliance.
• General Fund Emergency Contingency
The City’s General Fund balance committed for emergency or inevitable economic cycle contingencies is established at a minimum of 17% or up to 30% of operating appropriations. The Emergency Contingency is reserved for economic uncertainties, local disasters, recession, or other financial hardships; to subsidize unforeseen operating or capital needs; and for cash flow requirements. The City Council may, by the affirming vote of three members, change the amount of this commitment and/or the specific uses of these monies.

To the extent the General Fund does not have adequate funds to achieve the minimum 17%, the City Manager will immediately offer a plan with options, to reach that amount.

The City Manager will not propose a budget that causes non-compliance with this Policy without a substantive staff report that highlights proposed options to continue compliance vs. options to temporary fall outside this range along with a plan to get back into compliance. This discussion will occur well before the budget is submitted to Council for adoption, preferably during the Budget Planning Workshop.

The status of the General Fund-Fund Balance will be discussed as part of the City Manager’s Budget Message, in the Budget document.

Assigned Fund Balance
Amounts that are constrained by the City’s intent to be used for specific purposes, but are neither restricted nor committed, should be reported as assigned fund balance. This policy hereby delegates the authority to assign amounts to be used for specific purposes to the Finance Director, with concurrence from the City Manager, for the purpose of reporting these amounts in the annual financial statements. A few examples of assigned fund balance follow. 992

• Continuing Appropriations
This is sometimes called “carryover appropriations” which reflects unspent funds for unfinished capital projects that must be carried forward into the new fiscal year to complete the project.
• Debt Service
Established to provide for future debt service obligations.

Unassigned Fund Balance
These are residual positive net resources of the General Fund more than what can properly be classified in one of the other four categories.

Fund Balance Classification
The accounting policies of the City consider Restricted Fund Balance to have been spent first when an expenditure is incurred for purposes for which both Restricted and Unrestricted Fund Balance is available. Similarly, when an expenditure is incurred for purposes for which amounts in any of the Unrestricted classifications of fund balance could be used, the City considers Committed amounts to be reduced first, followed by Assigned amounts and then Unassigned amounts.

This policy is in place to provide a measure of protection for the City against unforeseen circumstances and to comply with GASB Statement No. 54. No other policy or procedure supersedes the authority and provisions of this policy.

Available Fund Balance Policies
Available Fund Balance is a term used in budgets and essentially is the sum of Committed, Assigned and Unassigned Fund Balance. It is this number that when added to Revenues describes the total Resources available to fund the budget.

1. Each Fund shall maintain, if necessary, an appropriate Available Fund Balance reserve to fund prior year’s incomplete capital projects, continuing appropriations, cash flow needs and any other financial need not included in the current fiscal year budget.

2. The BUA Water and Wastewater operational funds shall maintain a minimum Available Fund Balance reserve equal to 90 days of the operating and maintenance expenses and debt service payments.

3. The Electric operational fund shall maintain a minimum Available Fund Balance reserve of 10% of the upcoming fiscal year’s total operating appropriations and debt service payments. The Available Fund Balance for the Electric Rate Stability Fund shall be maintained at a minimum of 20% of the upcoming fiscal year’s total operating appropriations and debt service payments.

4. The Self-Insurance Fund shall maintain a $1 million minimum Available Fund Balance reserve after fully funding the Accrued Claims Liabilities as determined by the actuary at an 80% confidence factor.
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Budget and Budgetary Accounting Policies
The City uses the following procedures in establishing the budget:

1. Before the beginning of the budget cycle, the City Manager facilitates a Budget Planning Workshop to discuss the City’s finances, both current and long-term, current service levels, perceived needs of the community and the parameters of the City Manager’s upcoming Proposed Budget commencing July 1. The Council will provide general direction.

2. A budget workshop(s) may be conducted every two years or as needed to obtain citizen comments.

3. The budget is subsequently agendized, thoroughly discussed and adopted through passage of a resolution.

4. For a given fiscal year, all appropriations are as originally adopted or as amended by the City Council. At year end, all unencumbered budgeted amounts lapse, subject to requests for continuing appropriations. Outstanding encumbrances may be carried forward into the new fiscal year upon the Finance Director’s review and City Manager approval.

5. Continuing Appropriations requests and Authorized Capital Projects are approved by the City Manager after the adoption of the original budget. The original budget is then adjusted accordingly.

6. The legal level of budgetary control is at the fund level. A Department Head may transfer budget appropriations within a major category in a department or Fund under his authority. The City Manager’s approval must be obtained when a budget appropriation transfer request moves from one major appropriation category to another within a department.

7. The City Council may, at any time, amend the budget or delete appropriations, transfer appropriations within a fund, or change appropriation transfers between funds. 994

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 23, 2026
SUBJECT: Consideration of Resolution 2026-71, Approving Amendment No. 2 to the Landscape Operation and Maintenance Contract for Landscape Maintenance District No. 1 with Mariposa Landscapes, Inc. of Irwindale, California for Fiscal Year 2026/2027 in the Amount of $92,114.65 STAFF RECOMMENDATION:

Adopt Resolution 2026-71
BACKGROUND:

Landscape Maintenance District (LMD) No. 1 in the City of Banning was established through the adoption of Resolution No. 1990-59 on August 14, 1990 (9 tracts), with another, Tract No. 22913 being annexed into LMD No. 1 in 1992. An additional five tracts and three tentative tracts were annexed (Annexation No. 1) into LMD No. 1 when the City Council approved Resolution 2005-36 on May 10, 2005. Tract No. 32370 was annexed into the LMD on November 14, 2023 when the City Council approved Annexation No. 2. A map displaying the District and its’ Zones is shown as Attachment 2.

There are currently eleven (11) Zones and 1,034 assessment units.

LMD No. 1 currently consists of seventeen (17) accepted tracts in eleven (11) Zones: Tract Nos. 21882, 22810, 22811, 22913, 23446 (including the median on Highland Home Road), 23598, 28252, 29721, 30186, 30222, 30793, 31833, 31834, 31835, 32109, 30906 and 32370.

The purpose of LMD No. 1 is for the maintenance and servicing of landscape medians and parkways, perimeter strips and backup walls, landscaped hillsides with high visibility, side slopes adjacent to sidewalks, retention basins, and the irrigation of the above facilities all of which are part of residential development projects. LMD No. 1, by special benefit assessments, provides funding for the servicing and maintenance of designated landscape areas within the City of Banning.

A Request for Proposals (RFP) No. 24-061 for the Operation and Maintenance of LMD No. 1 was prepared and released through the OpenGov program on April 5, 2024. On June 25, 2024, the City Council approved Resolution No. 2024-108, awarding the contract for the Operation and Maintenance of LMD No. 1 to Mariposa Landscapes, Inc, shown as Attachment 3. As originally approved, the Contract Agreement was for a term of twelve (12) months ($6,517.61/month; $93,211.26/year including the $15,000 for additional repairs) with the possibility of an option to renew for up to four (4) single additional years (for a total of five (5) single years) upon a satisfactory yearly review of the previously provided services. The total “not to exceed” amount for the Contract was $93,211.26, which included $15,000 for miscellaneous expenses.
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An annual cost increase equal to the increase in the Consumer Price Index (CPI) percentage for all Urban Consumers in the Riverside-San Bernardino-Ontario, CA area, published by the United States Department of Labor, Bureau of Labor Statistics during the preceding calendar year is applied each year.

Therefore, for this FY 2026/2027 Cost Proposal, a 3.25% CPI increase over last year’s costs was incorporated and is attached.

The Scope of Work includes providing all the labor, tools, materials, and equipment necessary to provide landscape maintenance services of LMD No.1. This includes performing seasonal maintenance and inspection, checking the operation of all irrigation systems, and identifying required repairs and, if necessary, the labor for replacing trees, flowers or shrubs within landscaped areas that are maintained under the contract.

For Fiscal Year 25/26, Richard Sanchez Park was removed from the Scope of Work in Zone 1 and is now maintained by the Parks Department, reducing the contract costs, and annual tree trimming within the retention basin in Zones 10/11 was added. On May 27, 2025, City Council approved Resolution 2025-67, Amendment No. 1, which was for a term of twelve (12) months, ($5,416.84/month; $90,002.08/year including the $25,000 miscellaneous repair costs, with the possibility of an option to renew for up to three (3) more single additional years (for a total of five (5) single years) upon a satisfactory yearly review of the previously provided services.

Amendment No. 2, shown as Attachment 5, will extend the current Contract through June 30, 2027. The cost proposal for FY 2026/2027, included as Attachment 6, is for $5,592.89/month ($67,114.68/year) with the addition of $25,000 for miscellaneous repairs and new plants, the total “not to exceed” amount is $92,115/year.

The estimated expenses for operating LMD No. 1 for FY 26/27 are $183,492 (based on FY 2025/2026 actual costs), which includes landscape maintenance, repairs and utilities. About $40,000 of these expenses are from each Zones’ reserves in Zones 2, 6 and 10 and are being used for projects that have not previously been done and include: removal of diseased trees and sidewalk repair in Zone 2; converting to a drip irrigation system and refreshing plants in Zone 6; and tree trimming along Mountain Ave. in Zone 10. The revenues collected are $164,031.63, a shortfall of approximately $19,461 for the overall District. It should be noted that each zone within the District has its own fund balance and budget separate from other zones.

Attachment 7 identifies funding reserve balances in each zone. Some of the zones (Zones 3,4,5 and 9) do not have sufficient reserves to cover the projected expenses next year; therefore, a further reduction in maintenance services is imminent to reduce costs.

As requested by City Council, a RFP that combines all three of the City’s landscape maintenance contracts is in the process of being prepared. This will include LMD No. 1, City parks and City facilities to determine if economies of scale could lead to cost savings. In the meantime, staff is recommending approval of Resolution 2026-71 to renew the current landscape maintenance services contract for the upcoming fiscal year. This contract will be for one year with the stipulation currently in the Agreement that it can be terminated with or without cause, subject to 30 days of written notice to Mariposa Landscapes, Inc. if the RFP yields a bid proposal for the City properties landscape maintenance services for a lesser cost.

Zones 1-5 of the LMD do not have an annual CPI escalator built into their authorizations. In effect, that means that revenue from those zones have been flat for 36 years. During that time CPI has increased where $100 in 1990 would require $259.19 in today's dollars. Costs for labor, water, power, and materials has increased over that period, while revenue has been flat. The only option to balance revenues and expenses is to cut services. The bid schedule included in this resolution for those zones reflects a maintenance schedule commiserate with the revenues generated by each zone. 996
JUSTIFICATION:

The Public Works Department does not have the required staff to fulfill the landscape needs of the LMD, and cannot provide the service at a rate below that proposed by the selected vendor. Therefore, it is necessary to retain a landscape maintenance contractor to provide these services.

FISCAL IMPACT:

Fund No. 111 (Landscape Maintenance Assessment District No.1) will be utilized to fund this contract for Fiscal Year 2026/2027 in the amount of “not to exceed” $92,114.65. Account No. 111-4900-432-23.29 (Landscape Maintenance) in the amount of $67,114.65 will fund the monthly operation and maintenance portion of the Contract Amendment and also be used to fund miscellaneous “as-needed” expenses related to irrigation repairs and landscaping replacement in the amount of up to $25,000. The completion of miscellaneous repairs and replanting will be dependent on funding available in each individual zone.

ATTACHMENTS:

1. Resolution 2026-71 - LMD Maint. Mariposa Landscaping.docx

2. Resolution 2027-71 Exhibit A, Amendment No. 2.pdf

3. LMD No.1 Map of Zones 1 thru 11 Combined.pdf

4. Reso. 2024-108, CC Meeting on 6.25.24.pdf

5. Reso. 2025-67, CC Meeting on 5.27.25.pdf

6. FY 26 27 Cost Proposal.pdf

7. Zone Funding.pdf

8. Photos.pdf
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Resolution 2026-71

RESOLUTION 2026-71

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA, APPROVING AMENDMENT NO. 2 TO THE LANDSCAPE OPERATION AND MAINTENANCE CONTRACT FOR LANDSCAPE MAINTENANCE DISTRICT NO. 1 WITH MARIPOSA LANDSCAPES, INC. OF IRWINDALE, CALIFORNIA, FOR FISCAL YEAR 2026/2027 IN THE AMOUNT OF $92,144.65
WHEREAS, Landscape Maintenance District (LMD) No. 1 in the City of Banning was established through the adoption of Resolution 1990-59 on August 14, 1990 (9 tracts), with another Tract, No. 22913, being annexed into the District in 1992; and WHEREAS, on May 10, 2005, the City Council adopted Resolution 2005-36, ordering the annexation of an additional five tracts and three tentative tracts to the City’s LMD No. 1 (“Annexation No. 1”); and
WHEREAS, on November 14, 2023, the City Council adopted Resolution 2023-177, ordering the annexation of Tract No. 32370, known as Canterbury, to the City’s LMD No. 1 (“Annexation No. 2”); and
WHEREAS, the Public Works Department does not have the required field staff needed to maintain the LMD No. 1 landscape areas; therefore, it is necessary to retain a landscape maintenance contractor to provide these services; and
WHEREAS, a Request for Proposals (RFP No. 24-061 “Operation and Maintenance of LMD No. 1”) was prepared and advertised through OpenGov on April 5, 2024, notifying qualified firms of the opportunity to provide proposals, with the proposals due on May 9, 2024; and WHEREAS, on June 25, 2024, the City Council approved Resolution No. 2024-108, awarding the contract for the Operation and Maintenance of LMD No. 1 to Mariposa Landscapes, Inc. for Fiscal Year 2024/2025 with the option to renew for four (4) additional single years; and WHEREAS, the scope of work includes providing all the labor, tools, materials, and equipment necessary to provide landscape maintenance services to LMD No. 1, including performing seasonal maintenance and inspection, checking the operation of all irrigation systems, and identifying required repairs and, if necessary, the labor for replacing trees, flowers or shrubs within landscaped areas that are maintained under the contract; and WHEREAS, on May 27, 2025, the City Council approved Resolution No. 2025-67, extending the term through Fiscal Year 2025/2026 for an additional one-year period with the option to renew for three (3) additional single years; and WHEREAS, Mariposa Landscapes, Inc. has provided satisfactory work and the Second Amendment to the Agreement will extend the term through Fiscal Year 2026/2027 for an additional one-year period with the option to renew for two (2) additional single years; and WHEREAS, Account No. 111-4900-432-23.29 (Landscape Maintenance) in the amount of $67,144.65 ($5,592.89/month) will fund the monthly operation and maintenance portion of the agreement and Account No. 111-4900-432-23.29 (Landscape Maintenance) in the amount of $25,000 will also be used to fund miscellaneous operations related to irrigation repairs and landscape replacement.
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Resolution 2026-71

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

SECTION 1. The Banning City Council approves Resolution 2026-71, approving the Second Amendment to the LMD No. 1 Operation and Maintenance Agreement with Mariposa Landscapes, Inc., extending the term through Fiscal Year 2026/2027 and increasing the compensation in the amount of “not to exceed” $92,144.65 for FY 2026/27 with the option to renew for an additional two (2) single years, subject to a Consumer Price Index increase adjustment and satisfactory performance.

SECTION 2. The City Manager or her designee is authorized to make necessary budget adjustments, appropriations and transfers related to the Second Amendment, for the Operation and Maintenance of LMD No. 1 with Mariposa Landscapes, Inc. for Fiscal Year 2026/2027.

SECTION 3. The City Manager or her designee is authorized to make necessary non-substantive adjustments to the Second Amendment and to execute the Second Amendment with Mariposa Landscapes, Inc. for Fiscal Year 2026/2027.

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

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

Richard Royce, Mayor
City of Banning
ATTEST:

Sandra Calderon, Deputy City Clerk
City of Banning

APPROVED AS TO FORM AND
LEGAL CONTENT:

John Pinkney, City Attorney
Slovak, Baron, Empey, Murphy & Pinkney,
LLC
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Resolution 2026-71

CERTIFICATION:

I, Sandra Calderon, Deputy City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2026-71, 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, California
1000
Exhibit “A”
Amendment No. 2 with Mariposa Landscapes, Inc.

FY 2026/2027 Landscape Maintenance of LMD No. 1
1001
AMENDMENT NO. 2 TO AGREEMENT FOR CONTRACT SERVICES
(C01040) FOR LMD NO. 1 LANDSCAPE MAINTENCE SERVICES BY AND BETWEEN THE CITY OF BANNING AND MARIPOSA LANDSCAPES, INC.

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

RECITALS
A. City and Contractor entered into that certain Contract dated June 25, 2024 for the purpose of providing Landscape Maintenance District No. 1 (“LMD No. 1”) Landscape Maintenance Services, pursuant to Request for Proposals(“RFP”) No. 24-061 , titled Operation and Maintenance of Landscape Maintenance District No. 1. For purpose of clarification, any reference within the Agreement or related documents to RFP No. 23- 061 was included in error. The correct RFP number is RFP No. 24-061 B. City and Contractor have entered into an Amendment No. 1 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 One Hundred Eighty-Three Thousand Two Hundred Thirteen Dollars and Thirty-Four Cents $183,213.34, as approved by City Council Resolution 2025-067.

C. City and Contractor now desire to amend the Agreement to extend the Term of the Agreement to June 30, 2027, and increase the Contract Sum to Two Hundred Seventyfive Thousand Three Hunred Twenty-Seven Dollars and Ninty-Nine Cents ($275,327.99).

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. 2 shall not exceed Ninty-Two Thousand One Hundred Fourteen Dollars ($92,114.65) thereby increasing the Contract Sum, as set forth in Section 1002

2.1 of the Agreement, to Two Hundred Seventy-five Thousand Three Hunred Twenty-Seven Dollars and Ninty-Nine Cents ($275,327.99).

1.2 The Term of the Agreement, as set forth in Section 3.4 of the Agreement, is hereby extended through June 30, 2027, unless sooner terminated or extended as provided in the Agreement under Section 6.7.

1.3 Exhibit C-1 to the original Agreement is hereby amendedas set forth in Attachment 1, which is attached hereto and incorporated herein.

1.4 Correction to RFP Number. Any reference within the Agreement or any related documents to RFP No. 23-061 is hereby acknowledged to have been a clerical error. The Parties agree that the correct reference is RFP No. 24-061, and all such references shall be deemed amended accordingly.

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 Nos. 1 and 2, 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 Nos. 1 and 2. In the event of a conflict between the provisions of this Amendment No. 2 and the provisions of the Agreement or Amendments No. 1, 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 1003
to verify that the Parties have executed this Agreement and such other documents transmitted by the Parties.
[SIGNATURE PAGE FOLLOWS]
1004
The Parties are signing this Amendment No. 2 on the date stated in the introductory clause.

CITY OF BANNING CONTRACTOR
Elizabeth Gibbs,
City Manager
NAME:

TITLE:

City Council Approval: _______________ NAME:

TITLE:

ATTEST:

Sandra B. Calderon
Deputy City Clerk
APPROVED AS TO FORM:

Slovak Baron Empey Murphy & Pinkney
John 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.
1005
ATTACHMENT NO. 1
FY 2026-2027 BID SHEET PROPOSAL
“Operation and Maintenance of Landscape Maintenance District No. 1” 1006
1007
1008
TR 32370
TR 21882
TR 30222 TR 30906
TR 28252
TR 30186
TR 23446
TR 23598
TR 31835
TR 23446
TR 30793
TR 32109
TR 31834
TR 22810
TR 22811
TR 31833
TR 29721
TR 22913
LEGEND
City Boundary
Tracts
Existing Zone
1 2
3 4
5 6
7 8
9 10
LMD No. 1 Zones
2026-2027
11 1009
Landscape Maintenance Areas
LMD 1 Proposed Zone 1
Riverside Co. GIS, January, 2025

WILSON ST

OMAR ST

PALM DR
WHITE
OAK
DR

HOFFER ST

RED BLUFF LN

MOUNTAIN AVE

FOOTHILL DR

GILMAN ST
A
S
P
E
N
L
N

CATCHEN RD
SUNSET
AVE

CYPRESS ST
ELM DR
OAK LN41ST ST

HOLLY CT

SUGAR PINE
CIR
O
R
E
G
O
N
T
R
L

DAWN LN
B
I
L
B
E
RRY
L
N

PINE CIR
WIL
L
OW
PL

PEPPER LN

JUNIPER PL
EUCA
LY
P
T
U
S
D
R
ELISA
DAWN
D
R
DYSART
D
R

DAISY LN
G
CT
S
Y
CAM
O
R
E
C
T

CHESTNUT LN

CEDAR LN
LEGEND
Zone 1
TR 22810
TR 22811
TR 22913
TR 30186
TR 30222
Landscaped Areas
M:\GIS-Assessment\Banning\Pro\Banning_LMD1_Zones\Banning_LMD1_Zones.aprx; Map Date 02 Mar 2026 I
0 500 1,000 1,500
Feet

CITY OF BANNING

NOT A PART
1010
Landscape Maintenance Areas
LMD1 Proposed Zone 2
Riverside Co. GIS, July 2019

WILSON ST

HIGHLAND HO
ME R
D
KIN
G
S

WELL AVE
EVELYN
DR
D
O
R
OTHY
ANNA
DR
D
Y
S
A
R
T
D

HOFFER R
ST

AUTUMN GOLD
RAMSEY
ST

SUMMER CT

FOOTHILL
DR

AUTUMN LN
SPRING
VIEW
DR

FALLING LEAF LN

SPRING CT

CASEY CIR

CORRAL CIR
O
M
A
R
S
T
JA
N
A
N
C
T

WINTERBERRY CT

CORNUCOPIA CT
LE
SLIE C
T

WINTERGREEN CT

WESTERN SUNSET RD
M
A
RLBO
R
O
WAY
CLA
RI CT

BEVERLY
D
R
GRAND
VIEW
AVE
LORI
WAY

CO P PERLEAF LN
G

OLDEN S
KY
C
T

PROSPECTOR CIR
MEADOW
WAY
C
ST

CHAPPAREL
WAY
ALDER
C
T
LEGEND
Zone 2
TR 21882
TR 23446
Landscaped Areas
M:\GIS-Assessment\Banning\LM
D1_Zone2.mxd; Map Date 10 Oct 2019
I
0 400 800 1,200
Feet

CITY OF BANNING
1011
L
andscapeMaintenanceAreas
LMD1ProposedZone3
Riverside Co. GIS, July 2019
W
I
L
S
O
N
S
T

PEPPER LN

MOUNTAIN AVE
H
O
F
F
E
R
S
T
A
UT
U
M
N
GO
LD
C
AT
C
H
E
N
R
D
B
UNK
ER
HILL
RD

DOROTHY ANNA DR

DYSART DR
G
E
O
R
G
E
S
T

WINCHESTER DR
S
P
R
I
N
G
C
T
E
L
M
D
R

FALLING LEAF LN

OMAR ST

FOOTHILL
DR
41ST ST
40TH AVE

WINTERBERRYCT

CORNUCOPIACT

SPRING DR
W
E
S
T
E
R
N
S
U
N
S
E
T
R
D
COMS
TOCK
RD

KELLOGG DR

ALDER CT
LEGENDZo
ne3
TR29721
LandscapedAreas
M:\GIS-Assessment\Banning\LMD1_Zone3.mxd; Map Date 05 Nov 2019 I
0250500750F
eet

CITYOFBANNING
1012
Landscape Maintenance Areas
LMD1 Proposed Zone 4
Riverside Co. GIS, July 2019

WILSON ST
SPRING
V EI W
DR
M
A
RLBO
R
O
WAY

AUTUMN GOLD

SUMMER CT

WINCHES
TER
D
R

GEORGE ST
AUTUMN
L
H
N

IGHLAND HO
ME R
D

FALLING LEAF LN
D
O
R
O
THY
A
N
NA
DR
O
M
A
R
ST

CATCHEN RD

BUNKER HILL RD

SPRING CT

WINTERBERRY CT

CORNUCOPIA CT

JACINTO VIEW RD

WINTERGREEN CT
SPRING
D
R
D
Y
S
A
R
T
D
R
M

OUNTA NI AVE

WESTERN SUNSET RD

COPPERLEAF LN

KINGSTON RD

COMSTOCK
RD

GOLDRUSH
PL

PRAIRIE
PL

FOOTHI L L
DR
G

OLDEN S
K
Y
C
T
KELLO
G
G
D
R
41S
T
S
T
40TH AVE
ALDER
C
T
LEGEND
Zone 4
TR 32109
Landscaped Areas
M:\GIS-Assessment\Banning\LM
D1_Zone4.mxd; Map Date 05 Nov 2019
I
0 250 500 750 1,000
Feet

CITY OF BANNING
1013
Landscape Maintenance Areas
LMD1 Proposed Zone 5
Riverside Co. GIS, July 2019

ECLIPSE
DR

WILSON ST

MOONBEAM DR
G
R
O
VE S
T

SUNRAY CT
S
TA
R
G
A
ZE WAY
DAWN
LN
LUNA
R LN
SIM
S
S
T
18TH S
T
19TH S
T
20TH S
T

SUNRISE AVE
HALFM
O
O
N
C
T
S
TA
RLIGHT
C
T

SILVER STAR
DR

SUNVIEW
DR
HARVE
ST M
O
ON LN
LEGEND
Zone 5
TR 23598
Landscaped Areas
M:\GIS-Assessment\Banning\LM
D1_Zone5.mxd; Map Date 05 Nov 2019
I
0 250 500 750 1,000
Feet

CITY OF BANNING
1014
L
andscapeMaintenanceAreas
LMD1ProposedZone6
Riverside Co. GIS, July 2019
B
R
YA
N
S
T

DRIFTWOOD CIR

HATHAWAY ST

LISA LN
C
H
A
R
L
E
S
S
T
W
E
S
L
E
Y
S
T
A
D
A
M
S
T
LEGENDZo
ne6
TR28252
LandscapedAreas
M:\GIS-Assessment\Banning\LMD1_Zone6.mxd; Map Date 05 Nov 2019 I
02505007501,000Fe
et

CITYOFBANNING
1015
Landscape Maintenance Areas
LMD1 Proposed Zone 7
Riverside Co. GIS, July 2019

WILSON ST

PALM DR

HIGHLAND HO
ME R
D

HOFFER ST

DOROTHY
ANNA
D
R

CATCHEN RD

RED BLUFF LN

GILMAN ST

ELSIE LEE CIR
M
O
U
N
TAIN
AVE

TERRY LEE CIR
O
M
A
R
ST
SPRING
D
R

FALLING LEAF LN
ELM DR

WINTERGREEN CT CORNUCOPIA CT
DYSART
DR

WESTERN SUNSET RD

PEPPER LN
41S
T
S
T
ELISA
DAWN
DR

FOOTHILL
D
R

MERIDIAN AVE

CEDAR LN
LEGEND
Zone 7
TR 30793
Landscaped Areas
M:\GIS-Assessment\Banning\LM
D1_Zone7.mxd; Map Date 05 Nov 2019
I
0 250 500 750 1,000
Feet

CITY OF BANNING
1016
L
andscapeMaintenanceAreas
LMD1ProposedZone8
Riverside Co. GIS, July 2019
B
R
YA
N
S
T
C
H
A
R
L
E
S
S
T

HATHAWAY ST
V
I
C
T
O
RY
AV
E

DRIFTWOOD CIR

HARGRAVE ST

JUAREZ ST

HERMOSA AVE

LISA LN

CALDERON WAY
A
D
A
M
S
T
LEGENDZo
ne8
TR31834
TR31833
LandscapedAreas
M:\GIS-Assessment\Banning\LMD1_Zone8.mxd; Map Date 05 Nov 2019 I
02505007501,000Fe
et

CITYOFBANNING
1017
L
andscapeMaintenanceAreas
LMD1ProposedZone9
Riverside Co. GIS, July 2019
C
H
A
R
L
E
S
V
I
C
T
O
RY
AV
E

HARGRAVE ST

HERMOSA AVE

CALDERON WAY
LEGENDZo
ne9
TR31835
LandscapedAreas
M:\GIS-Assessment\Banning\LMD1_Zone9.mxd; Map Date 05 Nov 2019 I
02505007501,000Fe
et

CITYOFBANNING
1018
Landscape Maintenance Areas
LMD1 Proposed Zone 10
Riverside Co. GIS, July 2019

RED BLUFF LN
D
Y
S
A
R
T
D
R

CYPRESS
ST
M
OU
NTAIN
AVE

GILMAN ST
P
E
P
PER LN
FO
O
T
HILL D
R
OAK LN

EVERGREEN LN
BILBER
RY
LN

PINE CIR
WILLO
W
PL

EUCALYPTUS
D
R

DAISY LN
S
Y
C
A
M
O
RE C
T

WOOD LN
G CT

CHESTNUT LN

CEDAR LN

MERIDIA
N
AVE
LEGEND
Zone 10
TR 30906
Landscaped Areas
M:\GIS-Assessment\Banning\LM
D1_Zone10.mxd; Map Date 05 Nov 2019
I
0 400 800 1,200
Feet

CITY OF BANNING
1019
C
PEPPER
GILMAN

WILLOW PL
OAK LN

CHESTNUT LN

CEDAR LN

RED BLUFF LN

PALM DR
LEGEND
Zone 11
TR 32370
Landscaped Areas
0 400 800 1,200
Feet
Landscape Maintenance Areas
LMD1 Proposed Zone 11

CITY OF BANNING
DY
M:\GIS-Assessment\Banning\LMD1_Zone11.mxd; Map Date 05 Oct 2023

FOOTHILL DR

PINE CIR

BILBERRY LN

MOUNTAIN AVE
LN
AMORE
Riverside Co. GIS, July 2019
1020
RESOLUTION 2024- 108

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

AWARDING AN OPERATION AND MAINTENANCE CONTRACT TO MARIPOSA LANDSCAPES, INC. OF IRWINDALE, CALIFORNIA, IN THE AMOUNT OF $ 93, 211. 26 FOR FISCAL YEAR 2024/ 2025 FOR THE OPERATION AND MAINTENANCE SERVICES OF LANDSCAPE MAINTENANCE DISTRICT NO. 1
WHEREAS, Landscape Maintenance District ( LMD) No. 1 in the City of Banning was established through the adoption of Resol_ ution 1990- 59 on August 14, 1990 ( 9 tracts), with another Tract, No. 22913, being annexed into the District in 1992; and WHEREAS, on May 10, 2005, the City Council adopted Resolution 2005- 36, ordering the annexation of an additional five tracts and three tentative tracts to the City' s LMD No. 1 Annexation No. 1 "); and
WHEREAS, on November 14, 2023, the City Council adopted Resolution 2023- 177, ordering the annexation of Tract No. 32370, known as Canterbury, to the City' s LMD No. 1 Annexation No. 2"); and
WHEREAS, the Public Works Department does not have the required field staff needed to maintain the LMD No. 1 landscape areas; therefore, it is necessary to retain a landscape maintenance contractor to provide these services; and
WHEREAS, a Request for Proposals ( RFP No. 24-061 " Operation and Maintenance of LMD No. 1") was prepared and advertised through OpenGov on April 5, 2024, notifying qualified firms of the opportunity to provide proposals, with the proposals due on May 9, 2024; and WHEREAS, the scope of work includes providing all the labor, tools, materials, and equipment necessary to provide landscape maintenance services to LMD No. 1, including performing seasonal maintenance and inspection, checking the operation of all irrigation systems, and identifying required repairs and, if necessary, the labor for replacing trees, flowers or shrubs within landscaped areas that pre maintained under the contract; and WHEREAS, an evaluation committee consisting of three ( 3) Public Works Department staff members, evaluated the two ( 2) proposals that were received based on price, qualifications, experience and project understanding, approach ( implementation plan) and methodology and references; and
WHEREAS, Mariposa Landscapes, Inc. had the highest combined score from the three evaluators and is a reputable qualified firm that has successfully provided services to the City in the past and is the current contractor providing landscape services for city facilities and as a result, staff recommends the contract be awarded to Mariposa Landscapes, Inc.; and WHEREAS, Account No. 111- 4900- 432- 23. 29 ( Landscape Maintenance) in the amount of $ 93, 211. 26 ($ 6,517. 61/ month; $ 78, 211. 26/ year) will fund the monthly operation and maintenance portion of the Agreement and up to $ 15, 000. 00 will also be used to fund miscellaneous operations related to irrigation repairs and landscape replacement.

Resolution 2024- 108

1021
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Bann ing as follows :

SECTION 1. The Banning City Council hereby awards an operation and maintenance services contract for Landscape Maintenance District No . 1 to Mariposa Landscapes , Inc of Irwindale , California , in the amount of $$93 ,211 . 26 for FY 2024/ 25 with the option to renew for an additional four single years , subject to a Consumer Price Index increase adjustment and sat isfactory performance , and all other bids are hereby rejected.

SECTION 2 . The City Manager or his designee is author ized to make necessary budget adjustments , appropriations and transfers related to the Professional Services Agreement.

SECTION 3. The City Manager or his designee is authorized to execute the Prof ssional Services Agreement as to form approved by the City Attorney PASSED, APPROVED AND ADOPTED this 25th day of June 2024 .

ATTEST:

Caroline Patton , Admi
City of Banning
APPROVED AS TO FORM:

Serita R. Young , City Attorney
Richards , Watson & Gershon
Resolution 2024- 108

1022
CERTIFICATION:

I, Caroline Patton , Administrative City Clerk of the City of Banning , California , do hereby certify that the foregoing Resolution 2024- 108 , was duly adopted by the City Council of the City of Banning , California, at a regular meeting thereof held on the 25th day of June , 2024 by the following vote , to wit:

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

NOES:

ABSENT:

ABSTAIN:

Resolution 2024- 108

Caroline Patton , Admin· ative City Clerk
City of Banning , California
1023
Exhibit A
Professional Services Agreement with Mariposa Landscapes, Inc.

Resolution 2024- 108

1024
AGREEMENT FOR CONTRACT SERVICES ( COi 040) FOR LMD NO. 1

LANDSCAPE MAINTENANCE SERVICES BY AND BETWEEN CITY
OF BANNING AND MARIPOSA LANDSCAPES, INC.

THIS AGREEMENT FOR CONTRACT SERVICES ( herein " Agreement") is made and entered into this day: ________ , (" Effective Date") by and between the CITY OF BANNING, a California municipal corporation (" City") and Mariposa Landscapes, Inc., a California Corporation (" Contractor"). City and Contractor are sometimes hereinafter individually referred to as " Party" and hereinafter collectively referred to as the " Parties."

RECITALS
A. City has sought by a Request for Proposal ( RFP # 23- 06 I) for the performance of the services for Landscape Maintenance Services for LMD No. I and as further defined and described particularly in Article 1 of this Agreement.

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

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

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

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

ARTICLE 1. SERVICES OF CONTRACTOR

1.1 Scope of Services.

In compliance with all tern1s and conditions of this Agreement, Contractor shall provide those services specified in the " Scope of Services" attached hereto as Exhibit A and incorporated herein by this reference, which services may be referred to herein as the " Services" hereunder. As a material inducement to City entering into this Agreement, Contractor represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the Services contemplated herein. Contractor shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all Services described herein. Contractor covenants that it shall follow the highest professional standards in performing the Services required hereunder and that all materials will be of good quality, and fit for the purpose intended. For purposes of this Agreement, the phrase " highest professional 1-
2344655v8
1025
standards" shall mean those standards of practice recognized by one or more first- class films perfonning similar work under similar circumstances.

1.2 Contract Documents and Exhibits.

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

1.3 Compliance with Law.

Contractor shall keep itself inforn1ed concerning all ordinances, resolutions, statutes, rules, and regulations of City and any Federal, State or local governmental entity having jurisdiction in effect at the time service is rendered, and shall render all Services hereunder in accordance therewith.
1 .4 Licenses, Permits, Fees and Assessments.

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

1.5 Familiarity with Services.

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

1.6 Prevention of Loss and Damages.

Contractor shall adopt reasonable methods during the Tem1 ( defined in Section 3.4) to furnish continuous protection to the work product, and the equipment, materials, papers, 2-
l l303-0008\ 2344655v8. doc
1026
documents, plans, studies and/ or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the Services by City, except such losses or damages as may be caused by City' s own negligence.

1.7 Further Responsibilities of Paiiies.

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

1.8 Additional Services.

City shall have the right at any time during the performance of the Services, without invalidating this Agreement, to order extra services beyond that specified in the Scope of Services or to make changes by altering, adding to or deducting from the Services. No such extra services may be undertaken unless a written order is first given by the Contract Officer to Contractor, which written order incorporates therein an adjustment in ( i) the Contract Sum ( as defined in Section

2.1), and/ or (ii) the Schedule of Performance, ( as defined in Section 3.2), and which written order is approved in writing by Contractor. Any increase in compensation ofup to ten percent ( 10%) of the Contract Sum, or $ 25,000, whichever is less; or in the Schedule of Perfom1ance ofup to one hundred eighty ( 180) days may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by City Council. It is expressly understood by Contractor that the provisions of this Section shall not apply to Services which are specifically set forth in the Scope of Services or which are reasonably contemplated therein. Contractor hereby acknowledges that it accepts the risk that the Services to be provided pursuant to the Scope of Services may be more costly or time consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation therefor.

1.9 Facilities and Equipment.

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

1.10 Special Requirements.

Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the " Special Requirements" attached hereto as Exhibit B and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit B and any other provisions of this Agreement, the provisions of Exhibit B shall govern. 3-
11303- 0008\ 2344655v8. doc
1027

1.11 Corrections.

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

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

1.12 Party Representatives.

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

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

Title
LanyRudd VP of Sales and Marketing
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing Contractor Representative were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing Contractor Representative shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the Services hereunder. All personnel of Contractor, and any authorized agents, shall at all times be under the exclusive direction and control of the Contractor Representative. For purposes of this Agreement, the foregoing Contractor Representative may not be replaced nor may their responsibilities be substantially reduced or reassigned by Contractor without the express written approval of City. It shall be Contractor' s responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the Services, and Contractor shall refer any decisions which must be made by City to the Contract Officer. 2) Contractor' s Personnel: Contractor has, or will secure at its own expense, all personnel required to perform the Services required under this Agreement. All of the Services required under this Agreement shall be performed by Contractor or under its supervision, and all personnel engaged in the Services shall be qualified to perform such Services. Contractor shall make every reasonable effort to maintain the stability and continuity of Contractor' s staff and sub- contractors, if any, assigned to perform the Services required under this Agreement. 4-
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Contractor shall notify City of all changes in Contractor' s staff and sub- contractors, if any, assigned to perfom1 the Services required under this Agreement, prior to and during any such performance. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires to reassign any staff or sub- contractor of Contractor, City shall give notice as set forth in Section 8.1. Contractor shall, immediately upon the receipt of the notice to re- assign staff from City, reassign such person or persons.

1.13 Independent Contractor.

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

Contractor shall have no power to incur any debt, obligation, or liability on behalf of City. All Services provided pursuant to this Agreement shall be perfom1ed by Contractor or under its superv1S1on. Contractor will detennine the means, methods, and details of performing the Services. Any additional personnel perfom1ing Services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor' s exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.

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

1.14 Prohibition Against Subcontracting or Assignment.

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

Therefore, Contractor shall not contract with any other entity to perfmm in whole or in part the Services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty- five percent ( 25%) of the present ownership and/ or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this 5-
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Agreement shall be void. No approved transfer shall release Contractor or any surety of Contractor of any liability hereunder without the express consent of City.

ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.

2.1 Contract Sum.

Subject to any limitations set forth in this Agreement, as full compensation for Services satisfactorily rendered, City shall pay Contractor at the hourly rates set forth in the " Schedule of Compensation" attached hereto as Exhibit C and incorporated herein by this reference. In no event shall Contractor be paid more than Ninety- Three Thousand Two Hundred Eleven Dollars and Twenty- Six Cents ($ 93, 211. 26) ( the " Contract Sum"). The Contract Sum shall include the attendance of Contractor at all project meetings reasonably deemed necessary by City.

Coordination of the performance of the Services with City is a critical component of the Services.

If Contractor is required to attend additional meetings to facilitate such coordination, Contractor shall not be entitled to any additional compensation for attending those meetings.

2.2 Method of Compensation.

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

2.3 Reimbursable Expenses.

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

2.4 Unauthorized Services and Expenses.

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

2.5 Invoices.

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

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

2.6 Waiver.

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

ARTICLE 3. PERFORMANCE SCHEDULE

3.1 Time of Essence.

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

3.2 Schedule of Performance.

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

3.3 Force Majeure.

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

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

3.4 Tem1.

The Term of this Agreement shall be from the Effective Date through June 30, 2025 with optional four ( 4) one- year renewal periods, unless sooner tenninated as provided in Article 6 of this Agreement or extended as provided in Sections 1.8 and 3.3 ofthis Agreement. Maximum term and any subsequent amendment or modification shall not exceed five ( 5) years.

ARTICLE 4. INSURANCE AND INDEMNIFICATION

4.1 Minimum Scope and Limits oflnsurance.

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

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

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

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

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

4.2 Acceptability of Insurers.

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

4.3 Additional Insured.

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

4.4 Primary and Non- Contributing.

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

4.5 Contractor' s Waiver of Subrogation.

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

4.6 Deductibles and Self- Insured Retentions.

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

4.7 Cancellations or Modifications to Coverage.

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

4.8 City Remedy for Noncompliance.

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

Contractor shall promptly reimburse City for any premium paid by City, or City may withhold amounts sufficient to pay the premiums frorn, payments due to Contractor. 9-
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4.9 Evidence of Insurance.

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

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

4.10 Indemnity Requirements not Limiting.

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

4.11 Sub-. contractor Insurance Requirements.

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

4.12 Indemnification, Hold Harmless, and Duty to Defend.

A. Indemnification of City.
1) To the fullest extent permitted by law, Contractor shall, at its sole cost and expense, defend, hold harmless and indemnify City and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials ( collectively " lndemnitees"), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith and the payment of all consequential damages ( collectively " Liabilities"), at law or in equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Contractor, its officers, agents, servants, employees, sub- contractors, materialmen, Contractors or their officers, agents, servants or employees ( or any entity or individual that Contractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees as determined by court decision or by the agreement of the Parties. Contractor shall defend the Indemnitees in any action or actions filed in connection with any Liabilities with counsel of the Indemnitees' choice, and shall pay all costs and expenses, including all attorneys' fees and experts' costs actually incurred in connection with such defense. Contractor shall reimburse the Indemnitees for any and all legal expenses and costs incurred by Indemnitees in connection therewith.
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2) Contractor shall pay all required taxes on amounts paid to Contractor under this Agreement, and indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Contractor shall fully comply with the workers' compensation law regarding Contractor and Contractor' s employees. Contractor shall indemnify and hold City harmless from any failure of Contractor to comply with applicable workers' compensation laws. City may offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor' s failure to promptly pay to City any reimbursement or indemnification arising under this subparagraph A.2. 3) Contractor shall obtain executed indemnity agreements with provisions identical to those in this Article from each and every sub- contractor or any other person or entity involved by, for, with or on behalf of Contractor in the perfom1ance of this Agreement.

If Contractor fails to obtain such indemnity obligations, Contractor shall be fully responsible and indemnify, hold harmless and defend the Inderimitees from and against any and all Liabilities at law or in equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Contractor' s sub- contractor, its officers, agents, servants, employees, sub- contractors, materialmen, Contractors or their officers, agents, servants or employees ( or any entity or individual that Contractor' s sub- contractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees as determined by court decision or by the agreement of the Parties.

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

C. Insurance Requirements not Limiting. City does not, and shall not, waive any rights that it may possess against Contractor because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. The indemnities in this Article shall apply regardless of whether or not any insurance policies are determined to be applicable to the Liabilities, tax, assessment, penalty or interest asserted against City.

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

ARTICLE 5. RECORDS, REPORTS, AND RELEASE OF INFORMATION

5.1 Service Records.

Contractor shall keep, and require sub- contractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and Services performed hereunder ( the " Service Records"), as shall be necessary to perform the Services required by this Agreement and enable the Contract Officer 11-
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to evaluate the performance of such Services. Any and all such Service Records shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such Service Records at all times during normal business hours of City, including the right to inspect, copy, audit and make copies and transcripts from such Service Records. Such Service Records shall be maintained for a period of three ( 3) years following completion of the Services hereunder, and City shall have access to such Service Records in the event any audit is required. In the event of dissolution of Contractor' s business, custody of the Service Records may be given to City, and access shall be provided by Contractor' s successor in interest (" Contractor' s Successor"). If custody of the Service Records is given to Contractor' s Successor, Contractor shall give written notice to City of the transfer of the Service Records to Contractor' s Successor. The notice shall include contact information address and telephone number) for Contractor' s Successor, and access shall be provided to City by Contractor' s Successor.

5.2 Reports.

Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the Services required by this Agreement as the Contract Officer shall require. Contractor hereby acknowledges that City is greatly concerned about the cost of Services , to be perfom1ed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the Services contemplated herein, Contractor shall promptly notify the Contract Officer of that fact, circumstance, technique or event and the estimated increased or decreased cost related thereto.

5.3 Ownership of Documents.

All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials ( the " Contractor Documents") prepared by Contractor, its employees, sub- contractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement. Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the Contractor Documents hereunder. Any use, reuse or assignment of such completed Contractor Documents for other projects and/ or use ofuncompleted Contractor Documents without specific written authorization by Contractor will be at City' s sole risk and without liability to Contractor, and Contractor' s guarantee and warranties shall not extend to such use or assignment. Contractor may retain copies of such Contractor Documents for its own use. Contractor shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of all Contractor Documents prepared by them; and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom.

5.4 Confidentiality and Release of Information.

A. All information gained or work product produced by Contractor in performance of this Agreement shall be considered confidential, unless such information is in the 12-
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public domain or already known to Contractor. Contractor shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Contract Officer.

B. Contractor, its officers, employees, agents or sub- contractors, shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the Services performed under this Agreement. Response to a subpoena or court order shall not be considered " voluntary" provided Contractor gives City notice of such court order or subpoena. · C. If Contractor, or any officer, employee, agent or sub- contractor of Contractor, provides any infonnation or work product in violation of this Agreement, then City shall have the right to reimbursement and indenmity from Contractor for any damages, costs and fees, including attorneys' fees, caused by or incurred as a result of Contractor' s conduct.

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

ARTICLE 6. ENFORCEMENT OF AGREEMENT AND TERMINATION

6.1 California Law.

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

6.2 Disputes; Default.

A. In the event that City determines Contractor is in default under the terms of this Agreement, City shall have no obligation or duty to continue compensating Contractor for any Services performed after the date of default. In addition to the provisions of Section 4.8, and the right to terminate pursuant to Section 6.7, if the City Manager determines that Contractor is in default in the performance of any of the terms or conditions of this Agreement, City may serve Contractor with written notice of the default. Contractor shall have ten ( I0) calendar days after service upon it of the notice in which to cure the default by rendering a satisfactory performance. 13-
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In the event that Contractor fails to cure its default within such period of time, City may, notwithstanding any other provision of this Agreement, terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.

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

6.3 Retention of Funds.

Contractor hereby authorizes City to deduct from any amount payable to Contractor whether or not arising out of this Agreement): ( i) any payment amount ofwhich may be in dispute hereunder or which is necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, (ii) all amounts retained pursuant to the provisions of Section 4.8, (iii) all amounts for which City may be liable to third parties, by reason of Contractor' s acts or omissions in performing or failing to perfonn Contractor' s obligation under this Agreement, and ( iv) all payments due or that become due to Contractor during the period that Contractor or any of its subcontractors fail to maintain any required insurance in full force and effect, until notice is received by City that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfact01y to City, as provided in Section 4.9, above. In the event that any claim is made by a third party, the amount or validity of which is disputed by Contractor, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of Contractor to insure, indemnify, and protect City as elsewhere provided herein.

6.4 Waiver.

Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other tenn, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement.

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

Any waiver by either Party of any default must be in writing, and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

6.5 Rights and Remedies are Cumulative.

Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party 14-
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of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.

6.6 Legal Action.

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

6.7 Termination Prior to Expiration of Term.

This Article 6 shall govern any termination of this Agreement except as specifically provided in Section 6.2 for termination for default of Contractor. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty ( 30) days' written notice to Contractor, except that where termination is due to the fault of Contractor, the period of notice may be a shorter time as may be determined by the Contract Officer. In addition, Contractor reserves the right to tem1inate this Agreement at any time, with or without cause, upon sixty ( 60) days' written notice to City, except that where termination is due to the fault of City, the period of notice may be a shorter time as Contractor may determine. Upon receipt of any notice of termination, Contractor shall immediately cease a11 Services hereunder except such as may be specifically approved by the Contract Officer. Except where Contractor has initiated termination, Contractor shall be entitled to compensation for all Services rendered prior to the effective date of the notice of termination and for any Services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 6.3. In the event Contractor has initiated termination, Contractor shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating Party need not provide the non- tenninating Party with the opportunity to cure pursuant to Section 6.2.

6.8 Attorneys' Fees.

In any litigation or other proceeding by which a Party seeks to enforce its rights under this Agreement ( whether in contract, tort or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing Party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorneys' fees. Attorneys' fees shall include attorney' s fees on any appeal, and in addttion the Party entitled to attorneys' fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. 15-
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ARTICLE 7. CITY OFFICERS AND EMPLOYEES: NON- DISCRIMINATION

7.1 Non- liability of City Officers and Employees.

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

7.2 Conflict of Interest.

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

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

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

7.3 Covenant Against Discrimination.

Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, or ancestry in the performance of this Agreement.

Contractor shall take affirmative action to insure that applicants are employed, and that employees 16-
l l303- 0008\ 2344655v8. doc
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are treated during employment, without regard to their race, color, creed, religion, sex, marital status, national origin, or ancestry, or other protected class.

7.4 Unauthorized Aliens.

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

ARTICLE 8. MISCELLANEOUS PROVISIONS

8.1 Notices.

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

Ifto City
With a courtesy copy to:

Ifto Contractor:
11303- 0008\ 2344655v8. doc
Attn: Nathan Smith
Deputy Director ofEngineering
City ofBanning
99 East Ramsey Street
Banning, California 92220
Email: nsmith@banningca. gov
Serita R. Young, City Attorney
Richards, Watson & Gershon
350 South Grand Avenue, 37th Floor
Los Angeles, California 90071
Email: SYoung@rwglaw. com
Attn: Terry Noriega
President
Marisposa Landscapes, Inc.
6232 Santos Diaz Street
Irwindale, CA 91702
Email: terry@mariposa- ca. com
17-
1041

8.2 Interpretation.

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

8.3 Counterparts.

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

8.4 Integration; Amendment.

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

8.5 Severability.

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

8.6 Mutual Cooperation.

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

B. Contractor' s Cooperation. In the event any claim or action is brought against City relating to Contractor' s perfonnance of Services rendered under this Agreement, Contractor shall render any reasonable assistance that City requires. 18-
I1303- 0008\ 234465Sv8. doc
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8.7 No Third Party Beneficiaries Intended.

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

8.8 Final Payment Acceptance Constitutes Release.

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

8.9 Non- Appropriation of Funds.

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

8.10 Headings.

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

8.11 Word Usage.

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

8.12 Business Days.

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

8.13 Corporate Authority.

The persons executing this Agreement on behalf of the Parties hereto warrant that i): such Party is duly organized and existing, ( ii) they are duly authorized to execute and deliver 19-
l 1303- 0008\ 2344655v8. doc
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this Agreement on behalf of that Party, ( iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and ( iv) the entering into this Agreement does not violate any provision of any other Agreement to which that Party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.

8.14 Electronic Signatures.

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

SIGNATURES ON FOLLOWING PAGE]
20-
I1303- 0008\ 2344655v8. doc
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IN WITNESS WHEREOF the Parties hereto have executed this Agreement the day and year first hereinabove written.

CITY OF BANNING
Douglas Schulze,
City Manager
ATTEST:

Caroline Patton
Administrative City Clerk
Date
Date

CONTRACTOR
NAME: Date
TITLE:

NAME: Date
TITLE:

Tax ID No.

Address:

NOTE: PROOF OF AUTHORITY TO BIND CONTRACTING PARTY REQUIRED. APPROPRIATE

ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF

INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONTRACTOR' S BUSINESS ENTITY.
21-
l 1303-0008\2344655v8.doc
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EXHIBIT " A"

SCOPE OF SERVICES
I. Contractor will perform the following Services in connection with providing Landscape Maintenance Services for LMD No.1 prepared in connection therewith:

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

Exhibit " A" -1
1046
M A R 0 s A
L A N
April 29, 2024
Cover Letter
City of Banning
99 E. Ram sey Street
Banning, CA 92220
Attn: Barbara Manson
951) 922- 3121
D s C A
p E s N C
RE: Request for Propo sal, Operation and Maintenance of Landscape Maintenance District No. 1 Mariposa Landscapes, Inc. ha s continuously been in business since 1977. Growing from a single truck in Rosemead, California to a fleet of trucks and equi pment with over 800 employees covering all Southern California and Arizona. With over 95 awards for project excel lence, we take pride in the quality of our work and thrive on keeping our company as one of the most recommended in the industry. Our steady record of customer satisfaction has allowed us to maintain positive relationships with our clients .

We bring decades of knowledge and in-depth experience to every landscape entrusted to our care.

Building long- lasting relationships with our clients is important to us . We understand and respect your goals and do everything in our power to assure the well- being of your properties.

We value open, honest communication, ongoing staff training, and new methods and technologies that will help us do the best job possible. While we always appreciate the accolades we receive, seeing our customers enjoy a well- executed and thriving landscape is still the most rewarding part of our work . We believe great communication is the key to every successful contract that we are awarded. For this reason, we will assign an experienced and knowledgeable Account Manager to keep in contact with the City of Banning and make sure anything that arises is addressed. He will be responsible for conducting quality inspections and will submit a monthly report to keep the appropriate Managers well informed.

Mariposa Landscapes, Inc. takes pride in the work that we do. We are willing to enter into a contract under the conditions prescribed by this RFP and in the Sample Agreement. We would be honored to wo rk for you and beautify your properties to their ultimate potential.

Company Name and Address
Mariposa Land sca pes, Inc.
6232 Santos Diaz St, Irwindale, CA 91702
Sincerely,
Tecry ~ oriega - Pe,~---
Contact Information
Eduardo Salmeron, Estimator
Email: estimating@mariposa- ca.com
Phone : (626) 960 -0196 Ext. 2711
IJ m 800 • 794 • 9458 • e.x 626 • 960 • 8477 • www.ma<iposa•ca.com 6232 SANTOS DIAZ ST ., IRW IN0ALE, CA 91702 • CA CONTRACTOR'S LICU592268 A, C-27, D-49 , C-61 , C-31 Our Cor eValu es - Saf~% iblfllft_lc-Q°2k • Qualit y • Integrity 1047
EXHIBIT " A"
A. Statement of Understanding and Approach
Mariposa Landscapes, Inc. takes pride in delive ring high- quality service to our clients. We are dedicated to making sure the landscape we maintain in your city is mowed, pruned , watered, and trimmed to be kept away from the sidewalks . We will make sure that our crews are aware to clear debris where needed. Our service for this contract includes inspections of the sites, irrigation reporting, disease and pest control, weed control, trash control , irrigation monitoring, turf care, ground cover care, shrub care , tree care and general clean up .

Implementation
Project Startup and Quality Control Coordination Meeting Our Project Estimator and Account Manager carefully review the project specifications and visit the project site( s) to devise a work plan that meets the project requirements . We also hold a meeting with the Account Manager and the key personnel who will execute the work , to discuss and coordinate the best way to perform the project work .

Documentation
Before starting the contract work , we will conduct a thorough inspection and documentation of any deficiencies. We will then submit a comprehensive list to the City of Banning for each location . We will also provide a proposal for restoring the area to its original state if needed and any repairs that may be needed in the irrigation system .

During the meeting, the Account Manager communicates the work task quality requ irements and reinforces heightened awareness for critical requirements. Topics for the meeting include:

Project requirements per specifications.

Record keeping documents and availability of necessary forms .

Review methods, sequence of work tasks and timeline .

Preparatory Site Inspection
The Account Manager performs a quality inspection of the work area and :

Assesses the required work to be done per specifications .

Verifies field measurements.

Assures availability of required equipment and materials to complete the project.

Identifies potential problems and develops an action plan to resolve them .

Scheduling
Mariposa Landscapes, Inc. will submit a detailed schedule to the City of Banning which includes all the routine activities. After submission and approval of this schedule , we will be ready to start work .

O ur Co re Vnlu cs - SnfefLf • Tea mwork • Qunlih/ • l11t cor ity Extiibit " A" - 3 · <~

1048
EXHIBIT "A"
Labor
Our proposal is calculated to provide full time employees to the project on a year round basis . It is our goal to provide professional results . Therefore , we will assign the appropriate and trained crew force necessary to complete the specified activities in a professional and timely manner . To achieve the desired results , the appropriate labor will be assigned for every aspect of the work.

Description of Efforts
Mariposa has read the scope of work and will make sure we complete the maintenance of the locations provided to a satisfactory level. After reading through the specifications provided by the city , we are confident we can provide the level of maintenance that the City of Banning requires . Our crew will be instructed on what the city expects and the level of maintenance that the City of Banning is looking for per the specifications. With an open line of communication with the City of Banning we can look for deficiencies that can be improved on and make sure the city is satisfied with our service.

Quality Control
We perform internal quality control on our work to free up our contract monitor or client representative ( be it a Public Works Inspector or Property Manager) so that he or she will have a reduced workload. This creates a positive environment for everyone involved and enhances our client relationships. Our main philosophy behind quality control is summed up in one statement " Plan your work and work your plan ." Our Account Managers perform an initial work in process inspection when the first portion of the work activity for each work task is completed. They perform ongoing work in process quality inspections to ensure that the work tasks continue to conform to the project quality requirements . Any outstanding punch items remaining after the work task completion inspection is deemed a nonconformance . Should a problem occur in the quality of work, we systematically contain the issue and quickly make corrections. We expedite a corrective action that brings the workmanship of material issue into conformance by repair, replacement, or rework . Previously completed work is re-inspected for similar non -conformances.

Mariposa Landscapes, Inc. systematically prevents recurrences to improve quality . First, management monitoring is put into place to ensure work proceeds without incident. Then a structured problem- solving process identifies the root of the causes and initiates solutions. Solutions may involve a combination of enhanced process controls, training, upgrading of personnel qualifications, and/ or higher- grade materials. Follow up ensures that a problem is completely resolved. Non- conformance and their resolutions are recorded on a Non- Conformance Report.

Monthly Work Plans
The Mariposa Account Manager will submit Monthly Work Plans describing maintenance operations of all areas contained within this contract and when the work , including trimming, pruning and applications of chemicals/ fertilizers will be accomplished. Other work will include the removing and/ or replacing of landscape materials within the scope of this Contract. The work may include landscape renovations of right- of- ways, medians, retention areas and/ or common turf areas. The Account Manager will develop the Monthly Work Plans and submit them to the client representative by the 25th of the previous month prior to the regular monthly meeting. The Monthly Work Plan will correlate with the Annual Work Schedule in a more detailed form . After the plan is approved Our Core Vn/11 cs - Snfet1/ • Teamwork • Qunlitt; • integrit y Extiibit "A" - 4 · ' ·

1049
EXHIBIT "A"
at the regular monthly meeting the Monthly Schedule Evaluation Form will be completed with the client representative to evaluate the performance of the current month. The Mariposa Supervisor is responsible for creating and submitting these reports .

Irrigation Reports
The Irrigation Technician will create the Irrigation Reports at the specified frequencies and the Mariposa Account Manager will insure their accurate and timely completion. These reports will include scheduled formal inspections, all service requests, authorized emergency work and repair of damage . The Irrigation Technician will be responsible for conducting a formal inspection and related repairs of the irrigation system as scheduled. Results of the inspection shall be recorded on the Irrigation Inspection Report and checked for accuracy and then delivered to the client representative. The frequency of these reports will vary depending on the work scope .

Account Manager/ Client Meeting Work Quality Evaluations A critical aspect of the work is communication. Timely and accurate schedules address a lot of this; however, there is another important aspect that is sometimes overlooked : interpretations of quality . What is beautiful to some is not to others, this is why specifications are written. However , there is always some level of interpretation that can vary from person to person. The goal is to have the Mariposa Account Manager and the client representative both interpreting the expectations of the specifications in the same way. The way we accomplish this is through a graded evaluation of every aspect of the landscape on a site by the Mariposa Supervisor and the client representative. This evaluation is performed prior to the regular client representative meeting by the Mariposa Supervisor. When the regular meeting takes place, this same form is given to the client representative to evaluate the exact same items as the Mariposa Account Manager previously graded . Any differences in evaluation that the client representative has of the same work item or area that were graded by the Mariposa Supervisor are addressed immediately and clarified.

The frequency of these evaluations and number of work items evaluated can vary based on the work scope.

However, typically a weekly evaluation will be conducted for quality assurance . Please see the sample form provided .

Action Item Lists
Even with jobs that go perfectly there are always items that come up during walk- through inspections. These items may have nothing to do with work quality but may be requests for improvement, additional work or notations of concern, etc. One of the key aspects of an action item list is a target completion date. This is included for every item on our form. The Mariposa Account Manager is committed to completion of a requested activity at an agreed upon date . This is in writing; it' s quick and easy to fill out . The client representative will have confidence that we will keep our promises because they are documented. Our goal is " Promises made are promises kept." Please see the sample form provided.

Our Core Vn lucs - Sa fet1/ • Tea mwork • Quality • Jntegrit1/ Extiibit "A" - 5 ·

1050
EXHIBIT "A"
Work Quality Evaluation Form
ij
Mariposa Landscapes, Inc.

SITE INSPECTION EVALUATION FORM
Inspection Date : '-I ___ _, I Job : 1-----------------------, Mariposa Account Manager Job Number : 1-----------------------, Client Representative :

ML CR ML CR
A Color of turf acceptable
B Turf texture , no thin/ bare areas
C Free of trash/ debris
D Irrigation leaks visible
E Over or under watering
F Dry spots A Controllers working
B Controllers programmed properly
A Free of trash/ debris C Schedu les submitted/ updated B Free of weeds D Valves working properly
C Mulch evenly distributed E Valves leaking
D Irrigation leaks vis ible F Backflow( s) on
E Groundcover trimming G Backflow( s) Leaking
H Meter readings ( if in scope) up- to-date
A Health/ vigor I
B Trimmed per scheduled cycle
C Pruned correctly for spec ies A System ha s power
D Walkway shrub clearance B Timer/ photocell working
E Walkway tree clearance C Bulbs working
F Disease & insects controlled D Fixtures clean
G Irrigation leaks visible E Fixtures broken
H Over or under watering F Fixtures aimed properly
Trees staked properly
A Annual flowers healthy
B Bed/ Pots free of trash/ debris
C No missing annual color plants
D Disease & insects controlled A Dog mess cleaned up
E Irrigation leaks vis ible B Dog stations replen ished F Over or under watering C Trash cans dumped & new liners D Play equipment clean
A Free of trash/ debris E Ramadas/ picnic tables/ BBQs clean B Weeds managed/ controlled F Response time on call- outs C Erosion areas repaired G General safety issues reported Only enter ratings for items th at are applicable to th is project ( blank = Not Applicab le at this time ) ML CR
OVERALL RATING : Per the above individual ratings , pleas provide an overall rating from 1 to 100 D Mar iposa Account Manager Signature/ Date ( ML) Client Repre se ntative Signature/ Date ( CL) Our Core Va lues - Snfet1/ • Team work • Qua litlf • Integrity Extiibit "A" - 6 ·

1051
EXHIBIT "A"
Action Items Form
A~ Mariposa Landscapes, Inc.

ACCOUNT MANAGER INJ~;ECTION ACTION ITEMS
Today' s Date: I I Job Number:~----------~
Resolution
ACTION ITEMS Date

1. 2.

3. 4.

5. 6.
7 .

8. 9.

10. Mariposa Account Manager Signature/Date Client Representative Signature/Date O ur Co re Vnlu es - Sa fefl/ • Tea m wo r k • Q ualifL; • lnf eor itl/ Extiibit "A" - 7 · "~ ·

1052
EXHIBIT " A"
Detailed project schedule
Mariposa will make sure the " Scope of Work " provided by the city is upheld throughout the duration of the contract.

We have put together notes on the tasks and frequencies of each of the tasks provided by the City of Banning . From the weekly mowing, shrub care, ground cover care, and irrigation checking to the annual shrub pruning and tree pruning we have made sure to take a look at the tasks closely to make sure everything is covered. We have allotted 1 Crew of 3 guys twice a week to maintain the landscape in the contract. After that we also have allotted time for tree pruning and shrub pruning within our final price .

Transition Plan
1 Contract Signing or
Notice to Proceed.

First day on starting
the work per
approved schedule.
2 3
30 Days after Job·
Start. Initial
evaluation and
adjustments.

Contract Executed or an Official Notice to Proceed
60 Day performance
evaluation with the
customer.
4 5
At90 days we
perform a customer
satisfaction survey.

On new contracts we typically purchase trucks and equipment, so we cannot initiate purchases until we have a signed commitment . Quicker startups that are 30 days or less may be an issue with supply chain delays . We prefer a 60 to 90 day start for our procurement . During this period, before the Job Start, we may have one or more meetings with the client to meet the management staff and go over a preliminary schedule of work. We also use this interim time to prepare more detailed maps of the areas with measurements so we can pre- order the materials we will need ( fertilizer, 1PM material for weed control and other consumables.) Job Start
On day 1 our crews will have detailed maps of the areas along with task lists and the initial schedule . Our management is heavily involved in logistics during this time . We also go through the irrigation systems with our technicians to perform our initial evaluation . If we find anything that is broken, inoperative or neglected, we create a detailed list with repair pricing and a completion schedule for the customer . 30 Day Evaluation
At 30 days we have a special evaluation meeting with the customer. There are always aspects of every job that cannot be completely spelled out in the work scope and specifications like, custom timelines , work sequences and specific area needs. We go over the experience so far and identify what is working well and what needs adjustment.

Our Core Vnlues - Sa fef1/ • Tea mwork • Qunlity • /11tegrih; Exnibit " A" - 8 ·

1053
EXHIBIT " A"
The customer gets an action plan for any adjustments with timeline commitments from us along with the initial irrigation system inspection .
60 Day Evaluation
At 60 days we anticipate operations to be going smoothly and meeting expectations . We perform a customer survey to assess the customer' s perception of the experience related to the proposal process, transition to operations and the actual performance on the job . Our goal is to receive the highest score possible from our clients and provide complete customer satisfaction.
90 Day Evaluation
At 90 days the customer receives a survey with one question on it "Would you recommend Mariposa Landscapes to other customers right now?" Our goal is to receive an enthusiastic " Yes" to this question.

Price Fluctuation
If the scope of work fluctuates from the specifications Mariposa would be happy to have a conversation with the city regarding what an update to the scope entails and how the prices will be adjusted . We are open to having a back and forth on what the city would like to change and how that will impact the current scope of work.

Required from the City
The main role the city will need to provide for Mariposa will be the point of contact for the contract. We will need to report on how the current state of the contract is looking. We will need the point of contact to make sure that if any deficiencies are reported to the city they are relayed back to Mariposa for correction.

Innovative
Mariposa Landscapes, Inc. is always trying to make sure we are tackling every task given to us in innovative ways.

We are always looking for ways to improve and streamline our work . If we see something that may work better or faster, we will communicate with the city and make sure we explain how we can improve our approach to the tasks given to us.

Proposer ' s Green In itiative and Environmental Sensitivity Mariposa Landscapes, Inc. uses every effort to implement " green" environment and energy conservation measures.

Our company has a recycling program for green waste and paper products. We implement this program at our local offices and at all job sites.

Mariposa currently uses hybrid vehicles and is researching and looking forward to obtaining hybrid equipment to be used on our contracts. We strive to be as environmentally conscientious as possible and are expanding our operations to achieve this goal.

Our Core Values - Sa fet1/ • Teamwork • Qualit1/ • J11tcariti1 Extiibit "A" - 9 -{\ ·

1054
EXHIBIT " A"
We have been certified by the American Green Zone Alliance - Sustainab le Land Care Certification ( Electric Equipment). This puts us at the cutting edge of industry knowledge in selecting cost effective options related to the latest in commercial grade electric small equipment as well as mowers .

Mariposa works with all clients to assure optimum water usage where possible. With hundreds of ET " Smart" Controller installations over the years, we can assess a property for water savings, create a solution and correctly program these newer irrigation control devices for optimum savings.

In addition to these and other Green Initiatives, we are also committed to leading the industry in minimizing any potential negative impact on the environment.

The key points of its strategy to achieve this are :

Minimize waste by evaluating operations and ensuring they are as efficient as possible .

Minimize toxic emissions through the selection and use of its fleet and equipment.

Actively promote recycling both internally and amongst its customers and suppliers.

Meet or exceed all the environmental legislation that relates to the Company.

Adhere to all local codes and ordinan. ces regarding water conservation .

City Owned Facilities
Mariposa Landscapes Inc. does not intend on using any storage and will bring everything needed from our yard in Bermuda Dunes .

B. Company Information
Proposer Identification
Legal Name: Mariposa Landscapes, Inc.

Main Office/ Mailing Address : 6232 Santos Diaz St., Irwindale, CA 91702 Telephone Number: ( 626) 960- 0196
Fax Number : ( 626) 960- 8477
Proposal Contact Email Address: estimating@mariposa - ca. com Proposal contact: Eduardo Salmeron
President : Terry Noriega
California Corporation: C1469653
California Employer ID: 368- 4753- 1
Date Incorporated : January 26 th , 1981
Organization Type : Mariposa Landscapes Inc. is a corporation .

Our Core Vnlues - Safc tv. • Teamwork • Qunlity • lnteoriti; Ex hibit " A" - 1a (~ · Page 11
1055
III. In addition to the requirements of Parts I and II of this Scope of Services, during the performance of the Services, Contractor will keep City appraised through periodic status reports regarding the performance of the Services under this Agreement as set forth below and in Section 5.2, by the following means:
a. In-person meetings and/ or teleconferences.
b. Email updates/ questions to applicant team and City while reviews are underway.
c. Conference calls.

IV. All work product is· subject to review and acceptance by City. If the City determines that any work product is unacceptable, for any reason, it must be revised by Contractor without additional charge to City until found satisfactory and accepted by City.

Exhibit " A"-11
1056
EXHIBIT " B"

SPECIAL REQUIREMENTS

TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR LAW REQUIREMENTS

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

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

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

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

5. Pursuant to Labor Code Section 1773 .2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perfom1 the Agreement are on file at City Hall and will be made available to any interested party on request. Contractor acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Contractor shall post such rates at each job site covered by this Agreement.

6. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 177 5 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to City, forfeit 200. 00 for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Contractor or by any subcontractor.

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

Exhibit " B"- 1
1057

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

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

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

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

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

11. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Contractor hereby certifies as follows:

I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation orto undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the perfonnance of the work of this contract."
Date ______ Signature ___________ _
Exhibit " B"- 2
1058

12. For every subcontractor who will perfom1 work on the project, Contractor shall be responsible for such subcontractor' s compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Contractor shall include in the written contract between it and each subcontractor a copy of those stah1tory provisions and a requirement that each subcontractor shall comply with those statutory provisions. Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor' s compliance, including, without limitation, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Contractor shall diligently take corrective action to halt or rectify any failure.

Exhibit " B"- 3
1059
EXHIBIT " C"

SCHEDULE OF COMPENSATION
I. Contractor shall perform the following tasks (" Tasks") at the following rates as attached as Exhibit C-1 :

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

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

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

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

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

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

Exhibit " C" -1
11303- 0008\2344655v8. doc
1060
EXHIBIT " C-1"
ZONE1
Shrub & Ground Cover Frequencies
Quarterly Quarterly Quarterly Quarterly
TRACT NO. SPE CIFIC LOCATION May I June I July August I September I October November I December I January February I March I April Annual Cost Monthly Average 22810 Oregon Trail , east side, per site visit with staff $ 1,178. 98 $ 1,178. 98 $ 98.25 22811 Oregon Trail, east side , per site visit with staff $ 1,425 .15 $ 1,425. 15 $ 118. 76 22913 Oregon Trail, east side, per sitevisit with staff $ 1,178 .98 $ 1,178. 98 $ 98.25 Mountain Avenue, Wilson Street and Oregon Trail
30 186 west side, does not includ e Retention Basin , per $ 4,312. 01 $ 4,312.01 $ 8,624. 03 $ 718.67 Plans and site visit with staff.
30222 Mountain Aven ue, per Pla ns and site vis it $ 627. 36 $ 627. 36 $ 627. 36 $ 627. 36 $ 2.509. 43 $ 209.12 Mowing Frequencies
Weekly May 1 · Aug. 31 Biweekly Sept. 1- Oct. 31 Mo nthly Nov . 1- March 31 Biweekly In April TRACT NO. SPEC IFI C LOCATI0:- 1 May I June I July I August September I October November I December I January I February I March April Annual Cost Monthly Average 30222
Richard Sanchez Park and trail , per Plans and site

1.215.491 $ 1,215.491 $ 1,215.49 1 $ 1,215. 49
visit . $
1,215 .491 $ 607. 74 $ 607. 74 1 s 607 .741 $ 607 .74 1 $ 607 .74 1 $ 607 .74 $ 607. 74 $ 10,331. 66 $ 860. 97 Shrub Frequencies
Biweekly May 1 - Aug. 31 Monthly Sept 1- April 30
May I June I July I August September I October November I December I January I February I March April Annual Cost Monthly Average 30222
Richard Sanchez Park and trail. per Plans and site
3,483. 01 I

I I I I
I $ 3,483. 01 I
visi t I
6,966. 02 S 580. 50
OTE: IRetention Basins In Zone 1 will include trash pickup and weed abatement twice per year in pric e.

ZONE 2 --
Mowing Frequencies
Weekly May 1 - Aug. 31 Biweekly Sept. 1- Oct. 31 Monthly Nov. 1 · March 31. Biweekly In April TRACT NO. SPE CIFI C LO CA TIO N May June July August September October November December January February March April Annual Cost Monthly Average 2 1882
Wilson Street and Highland Home Road west side ,
310.04 $ 310. 04 $
per Site Visit with staff
310. 04 s 310.04 $ 155 .02 $ 155. 02 $ 77.51 $ 77.51 $ 77.51 $ 77.51 $ 77.51 $ 155. 02 $ 2 ,092. 79 $ 174. 40 Wilson Street and Highland Home Road east side,
23446 includes median on Highland Home Road , per Site $ 310. 04 $ 310 .04 $ 310. 04 s 310. 04 $ 155. 02 $ 155. 02 $ 77.51 $ 77.51 $ 77.51 $ 77.51 $ 77.51 $ 155. 02 $ 2,092. 79 $ 174 .40 Visit with staff
Shrub Frequencies
Biweekly May 1- Aug. 31 Monthly Sept 1 -April 30
TRACT NO . SPEC IFI C LOCATION May June July August September October November December January February March April Annual Cost Monthly Average 2 I882
Wilson Street and Highland Home Road west side,
per Site Visit with staff
665. 25 $ 665. 25 $ 665. 25 s 665. 25 $ 332. 62 $ 332. 62 $ 332. 62 $ 332. 62 $ 332. 62 $ 332. 62 s 332. 62 $ 332. 62 $ 5,321. 96 $ 443. 50 Wilson Street and Highland Home Road east side,
23446 includes median on Highland Home Road, per Site $ 665. 25 $ 665. 25 $ 665. 25 s 665. 25 $ 332. 62 $ 332. 62 $ 332. 62 $ 332. 62 $ 332. 62 $ 332. 62 s 332. 62 $ 332. 62 $ 5,321. 96 $ 443. 50 Visit with staff
ZONE3
Mowing Frequencies
Exhibit " C -1: - 1
1061
TRACT NO .
29721
TRACT NO.

I
29721

SPE CIFI C LOCATIO N
Wilson Street and Om ar Street, east side, per Site
Visi t wi th staff and p_er Plans

SPE CIFI C LO CATION
I Wi lson Street and Omar Street. east side, per Si te
Visi t with staff and per Pla ns
I TRACT NO. I SPE C IFI C LOCATIO N
I
32109
I Wilson Street and Alder Court, west side, per Site
Visit with staff and per Pla ns
TRA CT NO. SPE CIFI C LOCAT ION
23598
Wilson Street, Sunrise Ave. and includes Moonbeam
Drive frontage per si te visit wit h st aff and per Plans TRA CT NO. SPE CIFIC LOCATIO:\'
23598
Wilson Street, Sunrise Ave. and includes Moon beam
Dri ve front age per site visit with staff and per Plans TRACT NO. SPE CIFI C LOCATION
28252
Hathaway Street, west side, per Plans and si te visit
with sta ff
28252 Retention Basin, per Pla ns and site visit with staff TRACT NO. SPECIFI C LOCATION
2825 2
Hathaway Street , west side, per Pla ns and site visit
with staff
28252 Retention Basin, pe r Pla ns and site visit w ith staff Biweekly May 1- Aug. 31
May June July

51.40 I $ 51. 40 I $ 51.40 I s
Quarterly
May I June I Ju ly

61.86 1 $ 61.861 $ 61.86 $
Quarterly
May I June I July
360 .731 $ 360. 731 $ 360 .73 $
Biwe ekly May 1 -Aug. 31
May Ju ne July

38.35 $ 38.35 $ 38.35 $
Quarterly
May June July
822. 51 $ 822.51 $ 822. 51 $
Weekly May 1- Aug. 31
May June July
252.47 $ 252. 47 $ 252. 47 s
252 .47 $ 252.47 $ 252. 47 $
Biweekly May 1- Aug. 31
May Ju ne July
223. 07 $ 223. 07 $ 223. 07 s
141.14 $ 141.14 $ 141. 14 $
EXHIBIT " C-1"
Monthly Sept . 1- April 30.

AU_ll_USt Septe mb er I Oc tober I November I December I Janu ary Feb ruary_ Marc h Ap_ril Annual Cost I Monthly Average

51.40 I $ 25.70 I $ 25.70 I $ 25.70 1 $ 25.70 I $ 25.70 I $ 25.70 I $ 25.70 1 $ 25.70 1 $ 411.161 $ 34.26 Shrub Frequencies
Quarterly Quarterly Quarterly
Au gust I September I October November I December I January February I Marc h I Apr il Annual Cost I Monthly Average I

61.861 $ 61.861 $ 61.86 $ 61.86 1 s 61.861 $ 61.86 $ 61. 86 1 $ 61 .86 1 $ 61.86 $ 742. 28 1 $ 61.861 ZONE4
Shrub & Ground Cover Frequencies
Quarterly Quarterly Quarterly
August I September I October Novem ber I December I January February I Marc h I Apr il Annual Cost I Monthly Average I I $ - I $ $ 360.73 Is 360.73 I $ 360. 73 $ - I $ - I $ $ 2,164.38 1 $ 180 .371 ZONES
Mowing Frequen cies
Monthly Sept. 1 - Ap ril 30
August September October November December January Feb ruary Marc h Apr il Annual Cost Monthly Average 38 .35 $ 19.17 $ 19.17 $ 19.17 $ 19. 17 $ 19.17 $ 19 .17 $ 19. 17 $ 19.17 $ 306. 76 $ 25.56 Shrub Frequenc ies
Quarterly Quarterly Quarterly
Augu st Septe mb er October Nove mbe r December January Feb ruary Marc h Apr il Annual Cost Monthly Average 822.51 s 822. 51 $ 822 .51 $ $ $ $ 4,935. 05 $ 411.25
ZONES
Mowing Frequenci es
Biweekly Sept. 1 -Oct . 31 Monthly Nov. 1- March 31 Biweekly In April August Septe mber Oc tober November December January February Marc h Apri l Annual Cost Monthly Average 252.47 $ 126.23 $ 126. 23 $ 63.12 s 63. 12 $ 63.12 $ 63. 12 $ 63. 12 $ 126. 23 $ 1,704. 16 $ 142.01 252. 47 $ 126.23 $ 126.23 $ 63. 12 S 63. 12 $ 63. 12 $ 63.12 $ 63. 12 $ 126.23 $ 1,704. 16 $ 142.01 Shrub Frequencies
Monthly Sept 1 -April 30
August September October Nove mb er December Janu ary February March Apr il Annual Cost Monthly Ave rage 223.07 $ 111. 53 $ 111. 53 $ 111. 53 $ 111. 53 $ 111. 53 $ 111. 53 $ 111. 53 $ 111. 53 $ 1,784. 54 $ 148.71 141. 14 $ 70.57 $ 70.57 $ 70. 57 $ 70.57 $ 70. 57 $ 70.57 $ 70 .57 $ 70.57 $ 1,129. 09 $ 94.09 Exhibit " C-1: - 2
1062
EXHIBIT " C-1 "
ZONE7
Shrub Frequencies
Biweekly May 1 -Aug. 31 Monthly Sept 1-April 30
TRACT NO. SPE CIFI C LOCATION May June July August Septe mber October Novem ber December January February March April Annual Cost Monthly Average 30793
Wilson Street, Footh ill Drive, includes portion of
264. 05 $ 264. 05 $ 264. 05 s 264. 05 $ 132. 02 $ 132. 02 $ Omar Street, per Site Visit with staff and per Plans
132. 02 $ 132. 02 $ 132. 02 $ 132.02 $ 132 .02 $ 132. 02 $ 2,112.36 $ 176. 03 ZONES
Mowing Frequencies
Biweekly during May 1- Aug . 31 Monthly Sept. 1- April 30 TRA CT NO . SPE CIFIC LO CATION May Ju ne July August September October November Dece mber January February March Apri l Annual Cost Monthly Average 3 1833
Charles Street , north side, per Site Visit with staff
and per Plans $
161. 15 $ 161. 15 $ 161. 15 s 161. 15 $ 80. 57 $ 80. 57 $ 80. 57 $ 80. 57 $ 80. 57 $ 80. 57 $ 80. 57 $ 80. 57 $ 1,289. 17 $ 107. 43 3 1834
Charles Street , south side, per SiteVisit with staff
161. 15 $ 161. 15 $ 161. 15 s 161. 15 $ 80. 57 $
and per Plans

80. 57 $ 80. 57 $ 80. 57 $ 80. 57 $ 80. 57 $ 80. 57 $ 80. 57 $ 1,289. 17 $ 107. 43 ZONES
Shrub & Ground Cover Frequencies
Quarterly Quart erly Quarterly Quarterly
TRAC T NO. SPE CIFI C LO CATIO N May I
June I
July August ISeptember I Oc tob er November I December I January February I March I April Annual Cost Monthly Avera ge
Charles Street. Hargrave Street and Victory Avenue.
3 I835 ( tract perimeter) per Site Vi sit with slaff and per $ 3,018. 32 $ 3,018. 32 $ 6 ,036. 63 $ 503 .05 Plan s
ZONE 10& 11
Mowing Frequencies
Weekly May 1- Aug. 31 Biweekly Se pt . 1- Oct. 31 Monthly Nov. 1- March 31 Biweekly InApril I TRACT NO . I SPEC IFIC LOCATION May I
June IJuly IAugust Septe mber October November I December I January I February I March Apri l Annual Cost I Monthly Average I I
30906
I Mountain Avenue , west side and interior Oak Lane,
341. 84 1 $ 341. 841 $ 341. 84 1 s 341. 84 $ 170. 92 $ 170. 92 $ 170. 92 $ 2.307. 41 I $ 192. 28 per Site Visit and per Plans $ 85. 46 s 85. 46 s 85. 46 $ 85. 46 $ 85. 46 I Shrub Frequencies
Biw eekl y May 1 -Aug. 31 Monthly Sept 1-April 30
TRACT NO. SPECIFI C LOCATION May June July August September October November December January February March April Annual Cost Monthly Average 30906
Mountain Avenue , west side and interior Oak Lane,
295. 69 $ 295. 69 $
per Site Visit and per Plans
295. 69 s 295. 69 $ 147. 85 $ 147. 85 $ 147. 85 $ 147. 85 $ 147. 85 $ 147. 85 $ 147 .85 $ 147. 85 $ 2,365. 53 $ 197. 13 Shrub Frequencies
Biwe ekly May 1 -Aug. 31 Monthly Sept 1-April 30
TRACT NO. SPE CIFI C LOCATIO N May June July August September October N ovember December January February March April Annual Cost Monthly Average Mountain Avenue, west side, North and South of
32370 Cedar Lane , frontage along the tract, per Site Visit $ 110. 71 $ 110. 71 $ 110. 71 s 110. 71 $ 55.35 $ 55.35 $ 55.35 $ 55. 35 $ 55. 35 $ 55. 35 $ 55. 35 $ 55. 35 $ 885. 66 $ 73.81 and per Plans
Tree Trimming Annually I
I TRACT NO. I SPE CIFI C LOCATIO N May June I July I August ISeptember I October I November I December I January I February I March j Apri l J Annual Cost I Monthly Average I I 30906, 32310 I Retention Basin , per Site Visit and per Plans SO.DO I so. oo I so QQ______J Exhibit "C-1 : - 3
1063
EXHIBIT " C-1"
SPECIFIC LOCATION May
NOTE: The frequency may be reduced In any Zone( s) depending on the budgetforthat Zone during the term of the contract or Fiscal Year.

Exhibit " C-1 : - 4
1064
EXHIBIT "D"

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

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

Exhibit " D" - I
11303- 0008\ 2344655v8. doc
1065

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Robert Fisher, Acting City Manager
PREPARED BY: Nate Smith, Deputy Director of Public Works/City Engineer Art Vela. Director of Public Works
MEETING DATE: May 27, 2025
SUBJECT: Consideration of Resolution 2025-67, Approving Amendment No.1 to the Landscape Operation and Maintenance Contract for Landscape Maintenance District No. 1 with Mariposa Landscapes, Inc. of Irwindale, California for Fiscal Year 2025/2026 in the Amount of $90,002 RECOMMENDATION:

Adopt Resolution 2025-67.

BACKGROUND:

LMD No. 1 in the City of Banning was established through the adoption of Resolution No. 1990-59 on August 14, 1990 (9 tracts), with another, Tract No. 22913 being annexed into LMD No. 1 in 1992. An additional five tracts and three tentative tracts were annexed (Annexation No. 1) into LMD No. 1 when the City Council approved Resolution 2005-36 on May 10, 2005. Tract No. 32370 was annexed into the LMD on November 14, 2023 when the City Council approved Annexation No. 2. A map displaying the District and its’ Zones is shown as Attachment 2. There are currently eleven (11) Zones and 1,034 assessment units.

LMD No. 1 currently consists of seventeen (17) accepted tracts in eleven (11) Zones: Tract Nos. 21882, 22810, 22811, 22913, 23446 (including the median on Highland Home Road), 23598, 28252, 29721, 30186, 30222 (including Richard Sanchez Park), 30793, 31833, 31834, 31835, 32109, 30906 and 32370. The purpose of LMD No. 1 is for the maintenance and servicing of landscape medians and parkways, perimeter strips and backup walls, landscaped hillsides with high visibility, side slopes adjacent to sidewalks, retention basins, and the irrigation of the above facilities all of which are part of residential development projects. LMD No. 1, by special benefit assessments, provides funding for the servicing and maintenance of designated landscape areas within the City of Banning.

A Request for Proposals (RFP No. 24-061) for the Operation and Maintenance of LMD No. 1 was prepared and released through the OpenGov program on April 5, 2024. On June 25, 2024, the City Council approved Resolution No. 2024-108, awarding the contract for the Operation and Maintenance of LMD No. 1 to Mariposa, shown as Attachment 3. The Scope of Work includes providing all the labor, tools, materials, and equipment necessary to provide landscape maintenance services of LMD No.1.

This includes performing seasonal maintenance and inspection, checking the operation of all irrigation systems, and identifying required repairs and, if necessary, the labor for replacing trees, flowers or shrubs within landscaped areas that are maintained under the contract.

As originally approved, the Contract Agreement was for a term of twelve (12) months ($6,517.61/month; $78,211.26/year) with the possibility of an option to renew for up to four (4) single additional years (for a 1066
total of five (5) single years) upon a satisfactory yearly review of the previously provided services. The total “not to exceed” amount for the Contract was $93,211.26, which included $15,000 for miscellaneous expenses. A Consumer Price Index (CPI) increase is allowed to be applied to the current contract amount, taken from the Bureau of Labor Statistics, from January of 2024 to January of 2025. The CPI during this period was calculated as 2.94% and applied to the original fiscal year (FY) 2024/2025 Bid proposal, per the Contract.

If approved, Contract Amendment No. 1 is for a term of twelve (12) months ($5,416.84/month; $65,002.08/year) with the possibility of an option to renew for up to three (3) more single additional years (for a total of five (5) single years) upon a satisfactory yearly review of the previously provided services.

Extensions to the Contract Agreement will terminate no later than June 30, 2029 and Amendment No. 1, shown as Attachment 4, will extend the current Contract through June 30, 2026. The cost proposal for FY 2025/2026, included as Attachment 5, is for $5,416.84/month; $65,002.08/year. Irrigation repairs, materials, tree, shrub, ground cover and plant material replacements are paid for as an added cost, separate from this contract. Thus, an additional $25,000 is being added to the contract award.

For FY 2025/2026, Richard Sanchez Park was removed from the Scope of Work in Zone 1 as it will be maintained by the Parks Dept. and annual tree trimming within the retention basin in Zones 10/11 was added. The Bid Proposal for FY 2025/2026 lists the frequency of service and cost per Tract/Zone and is shown attached. The estimated expenses for FY 2025/2026 are $124,597 and the additional $25,000 for unforeseen miscellaneous expenses bring the total budget to $149,597. The revenues collected are $161,443.15, a surplus of approximately $11,846.15 for the overall District. It should be noted that each zone within the District has its own fund balance and budget separate from other zones.

Attachment 6 identifies funding reserve balances in each zone. Some of the zones (Zones 3,4,5 and 9) do not have sufficient reserves to cover the projected expenses next year; therefore, a further reduction in maintenance services is imminent to reduce costs.

JUSTIFICATION:

The Public Works Department does not have the required field staff needed to maintain LMD No. 1 landscape areas; therefore, it is necessary to retain a landscape maintenance contractor to provide these services.

FISCAL IMPACT:

Fund No. 111 (Landscape Maintenance Assessment District No.1) will be utilized to fund this contract for Fiscal Year 2025/2026 in the amount of “not to exceed” $90,002. Account No. 111-4900-432-23.29 (Landscape Maintenance) in the amount of $65,002.08 will fund the monthly operation and maintenance portion of the Contract Amendment and also be used to fund miscellaneous “as-needed” expenses related to irrigation repairs and landscaping replacement in the amount of up to $25,000. The completion of miscellaneous repairs and replanting will be dependent on funding available in each individual zone.

ALTERNATIVES:

Do not adopt Resolution 2025-67 and provide staff with alternate direction.

BUDGETED?:

Yes
CONTRACT/AGREEMENT:

Yes
ATTACHMENTS:

1. Resolution 2025-67, Mariposa LMD.docx

2. C01040 PSA - Amend No.1 LMD District Landscaping.docx 1067

3. Att. 1 LMD No.1 Map of Zones 1 through 11.pdf

4. Att. 2 Reso. 2024-108, approving Contract, 6.25.24.pdf

5. Att. 3 Mariposa Bid Schedule for FY 25 26.pdf

6. Att. 4 Zone Funding.docx
1068
1069
1070
1071
Resolution No. 2026-71
ATTACHMENT 7

PROJECTED ZONE RESERVE BALANCES
Zone 1 Zone 2 Zone 3 Zone 4 Zone 5 Zone 6 Zone 7 Zone 8 Zone 9 Zone 10 Zone 11 26/27
Reserve
Balance
Available
$12,697.06 $33,138.21 $2,883.20 $4,358.83 $8,511.94 $27,402.42 $18,177.96 $9,857.79 $6,815.37 $32,272.08 $11,611.98 26/27
Total
Costs
$24,004.84 $49,588.56 $3,427.42 $6,883.34 $12,730.43 $18,398.39 $6,251.78 $8,413.59 $11,014.66 $36,815.61 $5,963.76 26/27
Total
Revenue
$34,739.10 $30,820.32 $2,379.51 $4,305.78 $9,594.27 $19,337.50 $11,878.75 $9,668.75 $9,116.25 $24,033.75 $8,157.65 26/27
Rev. –
Expenses
(Costs)
$10,734.26 ($18,768.24) ($1,047.91) ($2,577.56) ($3,136.16) $939.11 $5,626.97 $1,255.16 ($1,898.41) ($12,781.86) $2,193.89 27/28
Reserve
Balance
$23,431.32 $14,369.97 $1,835.29 $1,781.27 $5,375.78 $28,341.53 $23,804.93 $11,112.95 $4,916.96 $19,490.22 $13,805.87 Note: Zones 3,4,5, and 9 have an annual structural deficit. Zones 2 and 10 will have improvement projects performed in FY 26/27 and will use their reserve balance to fund these projects.
1072
Zone 1 Tract 30186
1073
Zone 2 Tract 21882
1074
Zone 5 Tract 23598
1075
Zone 6 Tract 28252 Zone 9 Tract 31835
1076
Zone 9 Tract 31835
1077
Zone 10 Tract 30906
1078

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 23, 2026
SUBJECT: Consideration of Resolution 2026-72, Approving Amendment No. 8 to the Professional Services Agreement with Mariposa Landscapes, Inc. for Landscape Maintenance Services at City properties in the Amount of $200,128 for FY 2026/2027
STAFF RECOMMENDATION:

Adopt Resolution 2026-72
BACKGROUND:

On June 28, 2022, Resolution 2022-86 was approved, awarding a Landscape Maintenance Agreement with Mariposa Landscapes, Inc. to provide landscape maintenance services at various City properties for an annual amount of $140,807, with the option to renew for four (4) additional single years, based on satisfactory performance.

On February 14, 2023, Amendment No. 1 to the agreement was approved, adding service locations to the agreement, including Fire Station 89 located at 172 N. Murray Street and the Fire Administration Building located at 3900 W. Wilson Street. Amendment No. 1 increased the annual agreement amount by $7,248 for a total agreement amount of $148,055.

On May 23, 2023, Amendment No. 2 to the agreement was approved by the City Council, extending the term and increasing the agreement compensation in the amount of $139,794 for Fiscal Year (FY) 2023/2024. During this renewal period, locations under the Community Services Department were removed and added to a separate contract.

In August of 2023, Amendment No. 3 to the agreement was administratively approved, adding annual maintenance of the Highland Spring Avenue underpass in the amount of $4,224 through FY 2023/2024.

On June 11, 2024, Amendment No. 4 to the agreement was approved by the City Council, extending the term and increasing the agreement compensation in the amount of $148,372 for FY 2024/2025.

On March 26, 2025, Amendment No. 5 to the agreement was approved under the Master Agreement, increasing compensation by $15,000.

On May 27, 2025, Amendment No. 6 to the agreement was approved by City Council, extending the term and increasing the agreement compensation in the amount of $171,320 for FY 2025/2026.

In June of 2025, Amendment No. 7 to the agreement was administratively approved, adding annual 1079
weed abatement at six (6) substations and around the base of over 200 electric poles for the Electric Dept. in the amount of $22,744 for FY 2025/2026.

This Amendment No. 8 will extend the term by one year and increase the agreement compensation in the amount of $200,128 for FY 2026/2027.

At this time, staff has evaluated and confirmed that the contractor continues to provide satisfactory services; therefore, staff recommends a term extension for FY 2026/2027. This will be the last year of the five (5) years maximum contract term.

The scope of work for landscape maintenance services is listed in the Original Agreement (which includes the Request For Proposals (RFP) No. 22-015) and includes turf management; shrub bed maintenance; tree care and pruning; fertilization; environmental weed and pest control program; irrigation equipment and operations for the City properties listed below:
• West Ramsey Street Medians, from Highland Springs Avenue to Highland Home Road. • West Ramsey Street Medians from Highland Home Road to Sunset Avenue. • East Ramsey Street Medians (West and East of N. Hathaway Street) • Banning City Hall (99 East Ramsey Street) landscaping around building and parking lot. • Banning Police Station (125 East Ramsey Street).
• Banning Police Station Northeast Parking Lot (125 E. Ramsey Street) • Fire Station Building (5261 W. Wilson Street)
• Former Armory National Guard Properties (2041 W. Nicolet Street) • Brinton Reservoir (1700 N. Mountain Avenue)
• Sunset Reservoir (1202 N. Sunset Avenue)
• San Gorgonio Ave. Parking Lot
• Fire Station 89 (172 N. Murray Street)
• Fire Administration Building (3900 W. Wilson Street)
• Highland Spring Avenue Underpass
The Cost Proposal for FY 2026/2027 includes an increase in fees to include the change in Consumer Price Index (CPI) (from January 2024 to January 2025), increasing the annual service fees by 3.25%. An annual cost increase equal to the increase in the CPI percentage for all Urban Consumers in the Riverside-San Bernardino-Ontario, CA area, published by the United States Department of Labor, Bureau of Labor Statistics during the preceding calendar year, is applied each year. Following this approval, there are no remaining options to renew this Contract; the original five-year maximum term expires on June 30, 2027.

Since the maximum five-year term for the City Properties Landscape Maintenance contract expires on June 30, 2027, these services will need to have an RFP and be bid out before next spring. As requested by the City Council, an RFP that combines all three of the City’s landscape maintenance contracts is in the process of being prepared. This will include LMD No. 1, City parks, and the City properties contracts to determine if economies of scale could lead to cost savings. In the meantime, staff is recommending approval of Resolution 2026-72 to renew the current landscape maintenance services contract for the upcoming FY. This contract will be for one year, with the stipulation currently in the Agreement that it can be terminated with or without cause, subject to 30 days of written notice to Mariposa Landscapes, Inc., if the RFP yields a bid proposal for the City's properties' landscape maintenance services for a lesser cost.

JUSTIFICATION:

The Public Works Department does not have the required field staff needed to maintain the identified landscape areas, therefore; it is necessary to retain a landscape maintenance contractor to provide these services. Upon evaluating the existing services provided by Mariposa Landscapes, Inc., staff recommends the contract renewal and processing of Amendment No. 8. 1080
FISCAL IMPACT:

Amendment No. 8 will increase the monthly landscape maintenance services agreement for FY 2026/2027 to an annual amount of $200,128. The Building Maintenance Division Account No. 704-3200- 412-23.29 will fund $144,112 of the costs. The Water Fund Account No. 660-6300-471-45.07 in the amount of $25,032 will fund landscape maintenance services at the reservoirs. Electric Division Account No. 670-7000-473.45-05 in the amount of $8,037 will fund the annual weed abatement at the substations, and Electric Division Account No. 670-7000-473.45-02 in the amount of $15,447 will be used for annual weed abatement around the poles. Funding sources for services “as needed” in the amount of $7,500 will be defined on a case-by-case basis and later determined. A budget appropriation for services in this agreement will be included in the proposed FY 2026/2027 Operating Budget.

ATTACHMENTS:

1. Resolution 2026-72.docx

2. Resolution 2026-72 Exhibit B - Mariposa Proposal For FY2026-2027.pdf

3. Original Agreement Mariposa.pdf

4. Amend No. 1 Mariposa.pdf

5. Amend No.2 Mariposa.pdf

6. Amend No. 3 Mariposa.pdf

7. Amend No. 4 Mariposa.pdf

8. Amend No.5 Mariposa.pdf

9. Amend No.6 Mariposa.pdf

10. Amend No.7 Mariposa.pdf

11. Amend No.8 Mariposa Landscape DRAFT 6.15.26.doc

12. Photos.pdf
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Resolution 2026-72

RESOLUTION 2026-72

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA, APPROVING AMENDMENT NO. 8 WITH MARIPOSA LANDSCAPES, INC. FOR LANDSCAPE MAINTENANCE SERVICES AT CITY PROPERTIES IN THE AMOUNT OF $200,128 FOR FISCAL YEAR 2026/2027
WHEREAS, on June 28, 2022, Resolution 2022-86 was approved awarding a Landscape Maintenance Agreement with Mariposa Landscapes, Inc. to provide landscape maintenance to various City properties for an annual amount of $140,807 with the option to renew for an additional four (4) single years based on satisfactory performance; and WHEREAS, on February 14, 2023, Amendment No. 1 to the agreement was approved adding service locations to the agreement including Fire Station 89 located at 172 N. Murray Street and the Fire Administration Building located at 3900 W. Wilson Street increasing the annual agreement amount by $7,248 for a total agreement amount of $148,055; and WHEREAS, on May 23, 2023, City Council approved Amendment No. 2 to the agreement with Mariposa Landscapes, Inc. extending the term of the agreement through Fiscal Year 2023/2024 for an additional amount of $139,794 and leaving possible three (3) additional single year agreement renewals; and
WHEREAS, in August of 2023, Amendment No. 3 to the agreement was administratively approved adding annual maintenance of the Highland Spring Avenue underpass in the amount of $4,224 through Fiscal Year 2023/2024; and
WHEREAS, on June 11, 2024 Amendment No. 4 was approved and increased the monthly landscape maintenance services agreement for FY 2024/2025 in the annual amount of $148,372 with the possibility to renew the contract for two (2) more single years; and WHEREAS, on March 26, 2025, Amendment No. 5 to the agreement was a approved under the Master Agreement increasing compensation by $15,000; and WHEREAS, on May 27, 2025, Amendment No. 6 was approved for FY 2025/2026 in the amount of $172,320 with the possibility to renew the contract for one (1) more single year; and WHEREAS, in June of 2025, Amendment No. 7 to the agreement was administratively approved, adding annual weed abatement at six (6) substations and around the base of over 200 Electric poles for the Electric Dept. in the amount of $22,744 for Fiscal Year 2025/2026; and WHEREAS, on June 23, 2026, under this Resolution, Amendment No. 8 is approved for FY 2026/2027 in the amount of $200,128 and this is the last year of the maximum five (5) year contract term; and
WHEREAS, Account No. 704-3200-412-23.29 (Building Maintenance Division) will fund $144,112 of the contract for landscape maintenance services as described in the Original Agreement for City properties and Account No. 660-6300-471-45.07 (Water Division) will fund a portion of the agreement in the amount of $25,032 for landscape maintenance services at reservoirs and Electric Division Account No. 670-7000-473-45.05 (in the amount of $8,037) and 670-7000-473-45.02 (in the amount of $15,447) will fund the annual weed abatement at the substations and around electric poles, respectively; and 1082
Resolution 2026-72

WHEREAS, the funding source for services as needed in the amount of $7,500 will be defined on a case-by-case basis and determined at a later date.

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

SECTION 1. The Banning City Council approves Amendment No. 8 to the City Properties Landscape Maintenance Agreement with Mariposa Landscapes, Inc., extending the term through Fiscal Year 2026/2027 and increasing the compensation in the amount of “not to exceed” $200,128 for Fiscal Year 2026/2027.

SECTION 2. The City Council authorizes the City Manager, or her designee, to make necessary budget adjustments, appropriations, and transfers related to this resolution and Amendment No.

8. SECTION 3. The City Council authorizes the City Manager, or her designee, to make necessary non-substantive adjustments to the Eighth Amendment and to execute the Eighth Amendment with Mariposa Landscapes, Inc. for Fiscal Year 2026/2027.

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

PASSED, APPROVED AND ADOPTED this 23th 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
Slovak, Baron, Empey, Murphy & Pinkney,
LLP
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Resolution 2026-72

CERTIFICATION:

I, Sandra Calderon, Deputy City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2026-72, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 23rd day of June 2026 by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Sandra Calderon, Deputy City Clerk
City of Banning, California
1084
Resolution 2026-72

Exhibit A
Amendment No. 8 with Mariposa Landscapes, Inc.

FY 2026/2027 Landscape Maintenance of City Properties
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Resolution 2026-72

Exhibit B
Rate and Location Sheet
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2344655v8
AGREEMENT FOR PROFESSIONAL SERVICES (C00763) FOR

LANDSCAPE MAINTENANCE BY AND BETWEEN CITY OF BANNING
AND MARIPOSA LANDSCAPES, INC.

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

RECITALS
A. City has sought, by issuance of a Request for Proposals (RFP No. 22-015), the performance of the services for landscaping maintenance services for the City properties prepared in connection therewith, and as further defined and described particularly in Article 1 of this Agreement.

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

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

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

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

ARTICLE 1. SERVICES OF CONTRACTOR

1.1 Scope of Services.

In compliance with all terms and conditions of this Agreement, Contractor shall provide those services specified in the “Scope of Services” attached hereto as Exhibit A and incorporated herein by this reference, which services may be referred to herein as the “Services” hereunder. As a material inducement to City entering into this Agreement, Contractor represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the Services contemplated herein. Contractor shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all Services described herein. Contractor covenants that it shall follow the highest professional standards in performing the Services required hereunder and that all materials will be of good quality, and fit DocuSign Envelope ID: E987ADF9-612B-437D-805C-D4A0CA3810C7 7/6/2022
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for the purpose intended. For purposes of this Agreement, the phrase “highest professional standards” shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances. This Agreement calls for services that, in whole or in part, constitute “public works” as defined in the California Labor Code. Therefore, as to those services that are “public works,” Contractor shall comply in all respects with all applicable provisions of the California Labor Code, including those set forth in Exhibit B hereto.

1.2 Contract Documents and Exhibits.

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

1.3 Compliance with Law.

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

1.4 Licenses, Permits, Fees and Assessments.

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

1.5 Familiarity with Services.

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

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1.6 Prevention of Loss and Damages.

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

1.7 Further Responsibilities of Parties.

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

1.8 Additional Services.

City shall have the right at any time during the performance of the Services, without invalidating this Agreement, to order extra services beyond that specified in the Scope of Services or to make changes by altering, adding to or deducting from the Services. No such extra services may be undertaken unless a written order is first given by the Contract Officer to Contractor, which written order incorporates therein an adjustment in (i) the Contract Sum (as defined in Section

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

1.9 Facilities and Equipment.

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

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1.10 Special Requirements.

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

1.11 Corrections.

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

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

1.12 Party Representatives.

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

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

Name Title
Andres Perez Account Manager
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing Contractor Representative were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing Contractor Representative shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the Services hereunder. All personnel of Contractor, and any authorized agents, shall at all times be under the exclusive direction and control of the Contractor Representative. For purposes of this Agreement, the foregoing Contractor Representative may not be replaced nor may their responsibilities be substantially reduced or reassigned by Contractor without the express written approval of City. It shall be Contractor’s responsibility to assure that DocuSign Envelope ID: E987ADF9-612B-437D-805C-D4A0CA3810C7 1092
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the Contract Officer is kept informed of the progress of the performance of the Services, and Contractor shall refer any decisions which must be made by City to the Contract Officer. 2) Contractor’s Personnel: Contractor has, or will secure at its own expense, all personnel required to perform the Services required under this Agreement. All of the Services required under this Agreement shall be performed by Contractor or under its supervision, and all personnel engaged in the Services shall be qualified to perform such Services. Contractor shall make every reasonable effort to maintain the stability and continuity of Contractor’s staff and sub-contractors, if any, assigned to perform the Services required under this Agreement.

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

1.13 Independent Contractor.

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

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

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

1.14 Prohibition Against Subcontracting or Assignment.

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

Therefore, Contractor shall not contract with any other entity to perform in whole or in part the Services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer DocuSign Envelope ID: E987ADF9-612B-437D-805C-D4A0CA3810C7 1093
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to any person or group of persons acting in concert of more than twenty-five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release Contractor or any surety of Contractor of any liability hereunder without the express consent of City.

ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.

2.1 Contract Sum.

Subject to any limitations set forth in this Agreement, as full compensation for Services satisfactorily rendered, City shall pay Contractor at the hourly rates set forth in Exhibit C-1 and the not-to-exceed sub-budget rates set forth in the “Schedule of Compensation” attached hereto as Exhibit C and incorporated herein by this reference. In no event shall Contractor be paid more than One Hundred Forty Thousand Eight Hundred Seven Dollars ($140,807.00) (the “Contract Sum”). The Contract Sum shall include the attendance of Contractor at all project meetings reasonably deemed necessary by City. Coordination of the performance of the Services with City is a critical component of the Services. If Contractor is required to attend additional meetings to facilitate such coordination, Contractor shall not be entitled to any additional compensation for attending those meetings.

2.2 Method of Compensation.

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

2.3 Reimbursable Expenses.

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

2.4 Unauthorized Services and Expenses.

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

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2.5 Invoices.

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

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

2.6 Waiver.

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

ARTICLE 3. PERFORMANCE SCHEDULE

3.1 Time of Essence.

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

3.2 Schedule of Performance.

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

3.3 Force Majeure.

The time period(s) specified in the Schedule of Performance for performance of the Services rendered pursuant to this Agreement may be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Contractor. Such unforeseeable consequences include, but are not restricted to, acts of God or public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including City, if Contractor shall within ten (10) days of the commencement of such delay notify the DocuSign Envelope ID: E987ADF9-612B-437D-805C-D4A0CA3810C7 1095
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Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified, subject to the provisions of Section 1.8. The Contract Officer’s determination (or the City Council’s determination, in the event the period of enforced delay exceeds the period specified in Section

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

3.4 Term.

The Term of this Agreement shall be one (1) year from the date of execution with the option to extend for four (4) additional one-year terms, unless sooner terminated as provided in Article 6 of this Agreement or extended as provided in Sections 1.8 and 3.3 of this Agreement. Maximum term and any subsequent amendment or modification shall not exceed five (5) years.

ARTICLE 4. INSURANCE AND INDEMNIFICATION

4.1 Minimum Scope and Limits of Insurance.

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

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

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

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

D. Professional Liability/Errors and Omissions Insurance with minimum limits of $1,000,000.00 per claim and in the aggregate.

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4.2 Acceptability of Insurers.

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

4.3 Additional Insured.

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

4.4 Primary and Non-Contributing.

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

4.5 Contractor’s Waiver of Subrogation.

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

4.6 Deductibles and Self-Insured Retentions.

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

4.7 Cancellations or Modifications to Coverage.

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

4.8 City Remedy for Noncompliance.

If Contractor does not maintain the policies of insurance required under this Article in full force and effect during the term of this Agreement, or in the event any of Contractor’s policies do not comply with the requirements under this Article, City may either immediately DocuSign Envelope ID: E987ADF9-612B-437D-805C-D4A0CA3810C7 1097
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terminate this Agreement or, if insurance is available at a reasonable cost, City may, but has no duty to, take out the necessary insurance and pay, at Contractor’s expense, the premium thereon.

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

4.9 Evidence of Insurance.

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

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

4.10 Indemnity Requirements not Limiting.

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

4.11 Sub-contractor Insurance Requirements.

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

4.12 Indemnification, Hold Harmless, and Duty to Defend.

A. Indemnification of City.
1) Indemnity for Design Professional Services. To the fullest extent permitted by law, Contractor shall, at its sole cost and expense, protect, indemnify, and hold harmless City and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively “Indemnitees”), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith, and reimbursement of attorney’s fees and costs of defense (collectively “Liabilities”), whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to, in whole or in part, the negligence, recklessness or willful misconduct of Contractor, its officers, agents, servants, employees, subcontractors, material men, contractors or their officers, agents, servants or employees (or any entity or individual that Contractor shall bear the legal liability thereof) in the performance of design professional services under this Agreement by a “design professional,” as the term is defined under California Civil Code Section 2782.8(c).

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2) Other Indemnities. Other than in the performance of design professional services, and to the fullest extent permitted by law, Contractor shall, at its sole cost and expense, defend, hold harmless and indemnify Indemnitees from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith and the payment of all consequential damages (collectively “Claims”), at law or in equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Contractor, its officers, agents, servants, employees, sub-contractors, materialmen, Contractors or their officers, agents, servants or employees (or any entity or individual that Contractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Claims arising from the sole negligence or willful misconduct of the Indemnitees as determined by court decision or by the agreement of the Parties. Contractor shall defend the Indemnitees in any action or actions filed in connection with any Claims with counsel of the Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. Contractor shall reimburse the Indemnitees for any and all legal expenses and costs incurred by Indemnitees in connection therewith.
3) Contractor shall pay all required taxes on amounts paid to Contractor under this Agreement, and indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Contractor shall fully comply with the workers’ compensation law regarding Contractor and Contractor’s employees. Contractor shall indemnify and hold City harmless from any failure of Contractor to comply with applicable workers’ compensation laws.

City may offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor’s failure to promptly pay to City any reimbursement or indemnification arising under this subparagraph A.3. 4) Contractor shall obtain executed indemnity agreements with provisions identical to those in this Article from each and every sub-contractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this Agreement. If Contractor fails to obtain such indemnities, Contractor shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Liabilities and Claims, in law or in equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Contractor’s sub-contractor, its officers, agents, servants, employees, sub-contractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that Contractor’s sub-contractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Liabilities and Claims arising from the sole negligence or willful misconduct of the Indemnitees, as determined by court decision or by the agreement of the Parties.

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

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C. Insurance Requirements not Limiting. City does not, and shall not, waive any rights that it may possess against Contractor because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. The indemnities in this Article shall apply regardless of whether or not any insurance policies are determined to be applicable to the Liabilities, tax, assessment, penalty or interest asserted against City.

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

ARTICLE 5. RECORDS, REPORTS, AND RELEASE OF INFORMATION

5.1 Service Records.

Contractor shall keep, and require sub-contractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and Services performed hereunder (the “Service Records”), as shall be necessary to perform the Services required by this Agreement and enable the Contract Officer to evaluate the performance of such Services. Any and all such Service Records shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such Service Records at all times during normal business hours of City, including the right to inspect, copy, audit and make copies and transcripts from such Service Records. Such Service Records shall be maintained for a period of three (3) years following completion of the Services hereunder, and City shall have access to such Service Records in the event any audit is required. In the event of dissolution of Contractor’s business, custody of the Service Records may be given to City, and access shall be provided by Contractor’s successor in interest (“Contractor’s Successor”). If custody of the Service Records is given to Contractor’s Successor, Contractor shall give written notice to City of the transfer of the Service Records to Contractor’s Successor. The notice shall include contact information (address and telephone number) for Contractor’s Successor, and access shall be provided to City by Contractor’s Successor.

5.2 Reports.

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

5.3 Ownership of Documents.

All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “Contractor Documents”) prepared by Contractor, its employees, sub-contractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract DocuSign Envelope ID: E987ADF9-612B-437D-805C-D4A0CA3810C7 1100
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Officer or upon the termination of this Agreement. Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the Contractor Documents hereunder. Any use, reuse or assignment of such completed Contractor Documents for other projects and/or use of uncompleted Contractor Documents without specific written authorization by Contractor will be at City’s sole risk and without liability to Contractor, and Contractor’s guarantee and warranties shall not extend to such use or assignment. Contractor may retain copies of such Contractor Documents for its own use. Contractor shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of all Contractor Documents prepared by them; and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom.

5.4 Confidentiality and Release of Information.

A. All information gained or work product produced by Contractor in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Contractor. Contractor shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Contract Officer.

B. Contractor, its officers, employees, agents or sub-contractors, shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the Services performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Contractor gives City notice of such court order or subpoena.

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

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

ARTICLE 6. ENFORCEMENT OF AGREEMENT AND TERMINATION

6.1 California Law.

This Agreement, and any dispute arising from the relationship between the Parties to this Agreement, shall be interpreted, construed and governed both as to validity and to performance of DocuSign Envelope ID: E987ADF9-612B-437D-805C-D4A0CA3810C7 1101
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the Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in Riverside.

6.2 Disputes; Default.

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

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

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

6.3 Retention of Funds.

Contractor hereby authorizes City to deduct from any amount payable to Contractor (whether or not arising out of this Agreement): (i) any payment amount of which may be in dispute hereunder or which is necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, (ii) all amounts retained pursuant to the provisions of Section 4.8, (iii) all amounts for which City may be liable to third parties, by reason of Contractor’s acts or omissions in performing or failing to perform Contractor’s obligation under this Agreement, and (iv) all payments due or that become due to Contractor during the period that Contractor or any of its subcontractors fail to maintain any required insurance in full force and effect, until notice is received by City that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to City, as provided in Section 4.9, above. In the event that any claim is made by a third party, the amount or validity of which is disputed by Contractor, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of Contractor to insure, indemnify, and protect City as elsewhere provided herein.

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6.4 Waiver.

Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement.

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

Any waiver by either Party of any default must be in writing, and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

6.5 Rights and Remedies are Cumulative.

Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.

6.6 Legal Action.

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

6.7 Termination Prior to Expiration of Term.

This Article 6 shall govern any termination of this Agreement except as specifically provided in Section 6.2 for termination for default of Contractor. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days’ written notice to Contractor, except that where termination is due to the fault of Contractor, the period of notice may be a shorter time as may be determined by the Contract Officer. In addition, Contractor reserves the right to terminate this Agreement at any time, with or without cause, upon sixty (60) days’ written notice to City, except that where termination is due to the fault of City, the period of notice may be a shorter time as Contractor may determine. Upon receipt of any notice of termination, Contractor shall immediately cease all Services hereunder except such as may be specifically approved by the Contract Officer. Except where Contractor has initiated termination, Contractor shall be entitled to compensation for all Services rendered prior to the effective date of the notice of termination and for any Services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 6.3. In the event Contractor has initiated termination, Contractor shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, DocuSign Envelope ID: E987ADF9-612B-437D-805C-D4A0CA3810C7 1103
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the terminating Party need not provide the non-terminating Party with the opportunity to cure pursuant to Section 6.2.

6.8 Attorneys’ Fees.

In any litigation or other proceeding by which a Party seeks to enforce its rights under this Agreement (whether in contract, tort or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing Party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorneys’ fees. Attorneys’ fees shall include attorney’s fees on any appeal, and in addition the Party entitled to attorneys’ fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.

ARTICLE 7. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

7.1 Non-liability of City Officers and Employees.

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

7.2 Conflict of Interest.

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

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

Contractor and its officers, employees, associates and sub-contractors, if any, shall comply with all conflict of interest statutes of the State of California applicable to Contractor’s Services under this Agreement, including the Political Reform Act (Gov. Code § 81000, et seq.) and Government Code Section 1090. During the term of this Agreement, Contractor may perform DocuSign Envelope ID: E987ADF9-612B-437D-805C-D4A0CA3810C7 1104
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similar services for other clients; but Contractor and its officers, employees, associates and subcontractors shall not, without the Contract Officer’s prior written approval, perform services for another person or entity for whom Contractor is not currently performing services that would require Contractor or one of its officers, employees, associates or sub-contractors to abstain from a decision under this Agreement pursuant to a conflict of interest statute. Contractor shall incorporate a clause substantially similar to this Section into any subcontract that Contractor executes in connection with the performance of this Agreement.

7.3 Covenant Against Discrimination.

Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, or ancestry in the performance of this Agreement.

Contractor shall take affirmative action to insure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, religion, sex, marital status, national origin, or ancestry, or other protected class.

7.4 Unauthorized Aliens.

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

ARTICLE 8. MISCELLANEOUS PROVISIONS

8.1 Notices.

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

If to City Attn: Carl Szoyka
Public Works Superintendent
City of Banning
99 East Ramsey Street
Banning, California 92220
Email: [email protected]
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With a courtesy copy to: Kevin G. Ennis, City Attorney
Richards, Watson & Gershon
350 South Grand Avenue, 37th Floor
Los Angeles, California 90071
Email: [email protected]
If to Contractor: Attn: Terry Noriega
President
Mariposa Landscapes, Inc.
6232 Santos Diaz St
Irwindale, CA 91702
Email: [email protected]

8.2 Interpretation.

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

8.3 Counterparts.

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

8.4 Integration; Amendment.

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

8.5 Severability.

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

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8.6 Mutual Cooperation.

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

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

8.7 No Third Party Beneficiaries Intended.

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

8.8 Final Payment Acceptance Constitutes Release.

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

8.9 Non-Appropriation of Funds.

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

8.10 Headings.

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

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8.11 Word Usage.

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

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

8.13 Corporate Authority.

The persons executing this Agreement on behalf of the Parties hereto warrant that (i): such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of that Party, (iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which that Party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties. [SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF the Parties hereto have executed this Agreement the day and year first hereinabove written.

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

NAME: Date
TITLE:

ATTEST:

Tax ID No.

Caroline Patton Date
Deputy City Clerk
Address:

APPROVED AS TO FORM:

Richards, Watson & Gershon
City Council Approval:

Kevin G. Ennis, Esq., Date
City Attorney
NOTE: PROOF OF AUTHORITY TO BIND CONTRACTING PARTY REQUIRED. APPROPRIATE

ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONTRACTOR’S BUSINESS ENTITY.

DocuSign Envelope ID: E987ADF9-612B-437D-805C-D4A0CA3810C7 7/5/2022
Terry Noriega
President
Antonio Valenzuela
Mariposa Landscapes, Inc.
95-4245898
Secretary
Irwindale, CA 91702
7/5/2022
6232 Santos Diaz St.
7/6/2022 06/28/2022
7/6/2022
7/6/2022
1109
Exhibit “A”-1
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EXHIBIT “A”

SCOPE OF SERVICES
I. Contractor will perform the following Services in connection with providing landscape maintenance services for city properties, prepared in connection therewith:

II. As part of the Services, Contractor will prepare and deliver the following tangible work products and services to City:
• RFP22-015, Landscape Maintenance Services for City Properties, Exhibit A-1 • RFP22-015, Landscape Maintenance Services, Addendum One, Exhibit A-1 • Reference Submitted RFP 22-015 dated 05/31/022, Exhibit A-1 III. In addition to the requirements of Parts I and II of this Scope of Services, during the performance of the Services, Contractor will keep City appraised through periodic status reports regarding the performance of the Services under this Agreement as set forth below and in Section 5.2, by the following means:
a. In-person meetings and/or teleconferences.
b. Email updates/questions to applicant team and City while reviews are underway.
c. Conference calls.

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

DocuSign Envelope ID: E987ADF9-612B-437D-805C-D4A0CA3810C7 1110

REQUEST FOR PROPOSAL

LANDSCAPE MAINTENACE SERVICES FOR CITY PROPERTIES
RFP-22-015

CITY OF BANNING, CA
http://www.banningca.gov
RELEASE DATE: May 3, 2022
DEADLINE FOR QUESTIONS: May 17, 2022
RESPONSE DEADLINE: May 31, 2022, 2:00 pm
RESPONSES MAY BE SUBMITTED ELECTRONICALLY TO:
https://secure.procurenow.com/portal/banning-ca
DocuSign Envelope ID: E987ADF9-612B-437D-805C-D4A0CA3810C7 1111
City of Banning

REQUEST FOR PROPOSAL

LANDSCAPE MAINTENACE SERVICES FOR CITY PROPERTIES
I. Notice ........................................................................................

II. Introduction ..............................................................................

III. Prerequisites .............................................................................

IV. Scope of Work ...........................................................................

V. Vendor Questionnaire...............................................................

VI. Pricing Proposal.........................................................................

VII. Submission Instructions And Inquiries......................................

VIII. Evaluation Criteria.....................................................................

IX. Resulting Contract.....................................................................

X. Terms And Conditions...............................................................

Attachments:

A - Professional Services agreement (with prevailing wage language) Sample B - Banning Prevailing Wage Checklist Acknowledgement
DocuSign Envelope ID: E987ADF9-612B-437D-805C-D4A0CA3810C7 1112
City of Banning

REQUEST FOR PROPOSAL

LANDSCAPE MAINTENACE SERVICES FOR CITY PROPERTIES
I. NOTICE

REQUEST FOR PROPOSALS (RFP)

LANDSCAPE MAINTENACE SERVICES FOR CITY PROPERTIES
Dear Proposers:

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

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

Firms must also check the web site periodically for addenda information as failure to download and acknowledge any and all addenda in the submittal will result in proposer disqualification.

RESPONSIVE PROPOSALS: Once listed on the prospective bidders list, companies may submit their proposals on the electronic bidding system. The City will not accept proposals submitted by companies who are not on the prospective bidders list, or from companies who have submitted a proposal via facsimile, email, mail, or any other format not permitted by this solicitation.

Further instructions for submitting proposals are explained in this solicitation. Companies are to adhere to all of the submittal instructions and requirements outlined in this solicitation in order to be considered responsive to this request for proposals.

DocuSign Envelope ID: E987ADF9-612B-437D-805C-D4A0CA3810C7 1113
City of Banning

REQUEST FOR PROPOSAL

LANDSCAPE MAINTENACE SERVICES FOR CITY PROPERTIES
II. INTRODUCTION
II.A Summary
The City of Banning (“City”) is seeking a qualified entity or individual (“Company”) to provide the services listed in the Scope of Work.

The City anticipates selecting one firm to perform the services.

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

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

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

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

II.C Contact Information
Tisha Jacobs
Buyer
99 E Ramsey St
Banning, CA 92220
Email: [email protected]
Phone: (951) 922-3151
Department:

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

Release Project Date May 3, 2022
DocuSign Envelope ID: E987ADF9-612B-437D-805C-D4A0CA3810C7 1114
City of Banning

REQUEST FOR PROPOSAL

LANDSCAPE MAINTENACE SERVICES FOR CITY PROPERTIES
Pre-Proposal Meeting (Non-Mandatory) May 10, 2022, 10:00am Corner of Wilson St and Highland Home Rd
Question Submission Deadline May 17, 2022, 4:00pm
Question Response Deadline May 24, 2022, 5:00pm
Proposal Submission Deadline May 31, 2022, 2:00pm
Interviews, If Needed Week of 06/13/2022
Tentative City Council Meeting to
Consider Awarding Contract
June 28, 2022
DocuSign Envelope ID: E987ADF9-612B-437D-805C-D4A0CA3810C7 1115
City of Banning

REQUEST FOR PROPOSAL

LANDSCAPE MAINTENACE SERVICES FOR CITY PROPERTIES
III. PREREQUISITES
Proposals will only be considered from Companies that meet the following prerequisites:

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

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

III.C Non-Mandatory Pre-Proposal Meeting
All prospective Companies are strongly encouraged to attend the non-mandatory pre-proposal meeting on Tuesday, May 10, 2022 at 10:00 am to be held at:

Corner of Wilson St and Highland Home Rd
III.D Licenses
If applicable, Company and/or its key personnel, shall hold an appropriate license for the Company’s discipline and the Services on the date the Proposal is submitted.

III.E Department of Industrial Relations Registration
Company shall have registered with the Department of Industrial Relations and any other required organizations.
• No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].

A. No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.

B. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

DocuSign Envelope ID: E987ADF9-612B-437D-805C-D4A0CA3810C7 1116
City of Banning

REQUEST FOR PROPOSAL

LANDSCAPE MAINTENACE SERVICES FOR CITY PROPERTIES
C. Registration can be accomplished through the DIR website by using this link:
http://www.dir.ca.gov/Public-Works/PublicWorks.html.
• Contractor is aware of and stipulates that Contractor will also comply with the following sections of the California Labor Code:

A. Sections 1771, 1774, and 1775 prescribing prevailing wage rage requirements and sanctions for failure to pay prevailing wage rates;
B. Section 1776 requiring the making, keeping and disclosing of detailed payroll records and prescribing sanctions for failure to do so;
C. Section 1777.5 prescribing the terms and conditions for employing registered apprentices;
D. Section 1810 providing that eight hours of labor shall be a day’s work; and E. Section 1813 and 1815 prescribing sanctions for violations of the provisions concerning eight-hour work days and forty-hour work weeks.

1. A schedule of prevailing wage rates as published by the California Department of Industrial Relations for the types of work to be done under these Special Provisions can be found on the DIR’s website:
http://www.dir.ca.gov/OPRL/PWD/index.htm. The Contractor and all subcontractors shall pay not less than these rates. The Contractor shall submit certified payroll records electronically to the DIR.

2. The possibility of wage increases is one of the elements to be considered by the Contractor in determining Contractor's bid. No additional compensations will be made for any increases in prevailing wage rates in excess of those set forth in the Contract. However, if the job is prolonged as a result of construction change order(s) or delayed by the City beyond the specified days in the Time of Completion, reimbursements may be made for increases in prevailing wage rates, but only for the working days beyond that stipulated.

See attachment B - Banning Prevailing Wage Checklist Acknowledgement DocuSign Envelope ID: E987ADF9-612B-437D-805C-D4A0CA3810C7 1117
City of Banning

REQUEST FOR PROPOSAL

LANDSCAPE MAINTENACE SERVICES FOR CITY PROPERTIES
IV. SCOPE OF WORK
IV.A SCOPE OF WORK
The scope of services includes turf management; shrub bed maintenance; tree care and pruning; fertilization; environmental weed and pest control program; and irrigation equipment and operations for all locations identified in this Request for Proposals (“RFP”) and listed below:
• Ramsey Street Medians (Ramsey Street) from Highland Springs Avenue to Highland Home Road.
• Banning City Hall (99 East Ramsey Street) landscaping around building and in parking lot. • Banning Police Station (125 E. Ramsey Street)
• Banning Police Station Northeast Parking Lot (125 E. Ramsey Street) • Fire Station (5261 W. Wilson Street)
• Community Center & Senior Center (769 & 789 N. San Gorgonio Avenue) • Aquatic Center (749 N. San Gorgonio Avenue) landscaping around the immediate exterior vicinity around the center as well as the landscaping inside the center. • Former Army National Guard property (2041 W. Nicolet Street) • Brinton Reservoir (1700 N. Mountain Avenue)
• Sunset Reservoir (1202 N. Sunset Avenue)
• San Gorgonio Parking Lot
It is the responsibility of the Contractor to visit the sites and become familiar with the project locations and maintenance needs. It is the City’s expectation that all land care and maintenance items identified in this RFP will be addressed.

IV.B TURF MANAGEMENT
A. Lawn Mowing

1. For all turf areas, Contractor will inspect and police the grounds for litter and debris prior to each mowing and dispose of it.

2. Turf will be mowed one time per week during active growing periods, and as often as required during slow periods of growth to maintain a neat and manicured appearance, weather permitting.

3. Mowing height for all irrigated lawn areas will be no less than 1 ½” and no more than 2 ½” for a finished cut height unless otherwise requested. Turf will be cut at a uniform height. Mowing equipment is to be kept sufficiently sharp and properly adjusted through daily servicing to provide a cleanly cut grass blade. Grass blade bruising, DocuSign Envelope ID: E987ADF9-612B-437D-805C-D4A0CA3810C7 1118
City of Banning

REQUEST FOR PROPOSAL

LANDSCAPE MAINTENACE SERVICES FOR CITY PROPERTIES
tearing, and shredding are to be prevented. Mowing pattern will be varied where possible to reduce rutting and compaction of grade. Any excess clippings will be dispersed and/or collected to prevent damage and unsightly appearance of lawns.

B. Edging and String Trimming

1. All sidewalks, curb lines, concrete slabs, tree circles, and bed edges will be edged as often as necessary to maintain a neat and manicured appearance. String trimming will be performed around all trees, shrubs, road signs, guard posts, utility poles, and other obstacles.

C. Clearing of Walks

1. At the conclusion of each visit, walks adjacent to work areas will be blown clean.

IV.C SHRUB BED MAINTENANCE
A. Landscaped areas will be policed throughout the growing season for weeds, litter, and debris. Particular attention will be paid to entryways, focal points, and high traffic areas.

B. Planter beds will be groomed to promote an attractive, fresh appearance.

C. Concrete swales (if applicable) to be kept clear of miscellaneous dirt and debris.

D. Complete trimming, edging, and weeding of all shrub and ground cover areas will be done on a cyclical basis. Trimming and edging are to be performed monthly and weeding is to be performed weekly. Major pruning will be done following flowering or during plant dormant season.

1. Pruning shall be performed by Contractor’s designated staff member who is trained and demonstrated competency in proper pruning techniques.

2. Prune shrubbery and hedges at established maintenance height.

3. Prune groundcover as required to contain perimeter growth to within bed areas where adjacent to walks, curbs, and structures. Mature groundcover will be maintained at a consistent appearance with a beveled or rolled edge at hard surfaces.

4. Shearing of plants will occur only where previous practice has been to shear, or as directed.

5. Removal of leaves and debris from lawns, planter beds, and walkways will be completed throughout the year as needed to maintain a clean appearance.

IV.D TREE CARE & PRUNING
A. All trees will be “skirted” as needed per the City’s request to allow for pedestrian and vehicle clearance. Remove lower branches of trees when in conflict with growth of planning beneath. On trees that are over 12’ only low hanging branches that are considered a hazard to pedestrians or vehicles will be pruned as part of this agreement.

DocuSign Envelope ID: E987ADF9-612B-437D-805C-D4A0CA3810C7 1119
City of Banning

REQUEST FOR PROPOSAL

LANDSCAPE MAINTENACE SERVICES FOR CITY PROPERTIES
B. All trees under 12” total height will be pruned to remove weak, dead, damaged, and diseased portions of the plant for natural growth development.

1. Cuts will be flush and clean, leaving not stubs, or tearing of bark. Major pruning will be done following flowering or during plant’s dormant season.

2. Pruning to be performed by Contractor’s designated staff member who is trained and demonstrates competency in proper pruning techniques.

C. Monitor trees that are staked or guyed. Loosen and/or remove supports when appropriate to prevent girdling of the trunk and encourage root support.

IV.E FERTILIZATION
A. Contractor shall provide all labor and materials to fertilize lawn, shrubs and ground cover to maintain proper nutrient levels and provide a consistent, healthy appearance.

1. Turf, shrub and ground cover areas will be fertilized with specifically formulated products including well-balanced, slow-release fertilizers customized seasonally by Contractor. Seasonally refers to “Winter” and “Summer” and different fertilizers will be used based on ground temperature.

2. Fertilizer product will be selected based on plant type and season.

IV.F ENVIRONMENTAL WEED AND PEST CONTROL PROGRAM
A. All applications and herbicides or pesticides will be performed under the direction of California Licensed & Certified Pest Control Specialist. All safety precautions will be taken in the handling and application of chemicals as stated on manufacture’s labels.

B. Broadleaf turf weeds will be treated as needed.

C. Weeds in shrub, planter beds, ground cover areas, tree circles, and sidewalk cracks adjacent to landscaped areas will be controlled by a manual weeding program or by using selected herbicides, including pre-emergent herbicides.

D. Planting areas will be monitored for insect and disease infestations. Moles, field mice, ground squirrels, gophers, and other rodent activity will be monitored. Notification of problems and recommendations for timely appropriate, control measure will be made.

E. Material Safety Data Sheets (MSDS) for all chemicals used on site(s) are available from Contractor to clients in accordance with EPA and OSHA regulations.

F. Contractor shall be in compliance with requirements for hazardous communications programs. Pest control specialist are to be trained and supervised in the safe application, storage, and disposal of chemicals in accordance with EPA, OSHA, and DPR regulations.

DocuSign Envelope ID: E987ADF9-612B-437D-805C-D4A0CA3810C7 1120
City of Banning

REQUEST FOR PROPOSAL

LANDSCAPE MAINTENACE SERVICES FOR CITY PROPERTIES
IV.G IRRIGATION EQUIPMENT AND OPERATION
A. Schedule all irrigation controllers on project to maximize existing irrigation systems efficiency. Controller programs will be adjusted as determined by weather and plant requirements, with water conservation methods in place. Controllers will be shut off during periods of rain. Watering will be scheduled for night or early morning unless instructed differently by City’s representative.

B. Clean and adjust sprinkler system to provide the best coverage possible from existing system. Turn on each zone, monitor for leaks or malfunctioning parts, and adjust for proper spray arch and maximum efficiency.

C. Upon inspection, any accidental damage or vandalism caused by others shall be reported to owner within 48 hours. Repair and/or replacement of any damaged of malfunctioning components beyond Contractor’s control will be submitted as an extra. Damage caused to the irrigation system by Contractor shall be repaired with three (3) days, unless otherwise agreed to, at no charge.

IV.H GENERAL CONDITIONS
A. City is responsible for all cost associated with water.

B. Contractor will provide uniformed staff supervised by fully trained Supervisors and Area Manager. Radio and cellular phone communication will be available.

C. Inspection of site(s) will be made regularly and problems, if found, will be discussed by Contractor and the City. Written, comprehensive inspection reports will be provided upon request.

D. Debris generated by landscape activities will be removed from the site unless prior arrangements are made. Debris collected by the Contractor will be recycled and or composted. Contractor will submit a monthly diversion summary report stating diverted quantities and facilities utilized for recycling materials.

DocuSign Envelope ID: E987ADF9-612B-437D-805C-D4A0CA3810C7 1121
City of Banning

REQUEST FOR PROPOSAL

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

V.A Cover Letter*
The cover letter shall include a brief general statement of intent to perform the services and confirm that all elements of the RFP have been reviewed and understood. The letter shall include a brief summary of Company’s qualifications and Company’s willingness to enter into a contract under the terms and conditions prescribed by this RFP and in the Sample Agreement. The letter must identify a single person for contact during the RFP review process. *Response required
V.B Proposal*
A. Statement of Understanding and Approach
o This section must demonstrate an understanding of the Services. It should describe the general approach, organization and staffing required for the Services requested. If necessary, preliminary investigations, due diligence, and research shall be discussed in this section.
o This section should include the following:
▪ An implementation plan that describes in detail (i) the methods, including controls by which your firm or entity manages projects of the type sought by this RFP; (ii) methodology for soliciting and documenting views of internal and external stakeholders; (iii) and any other project management or implementation strategies or techniques that the respondent intends to employ in carrying out the work.
▪ Detailed description of efforts your firm or entity will undertake to achieve client satisfaction and to satisfy the requirements of the "Scope of Work" section. ▪ Detailed project schedule, identifying all tasks and deliverables to be performed, durations for each task, and overall time of completion, including a complete transition plan. Include your plan to deal with fluctuation in service needs and any associated price adjustments. The Contractor shall provide a project schedule indicating monthly and project activities. The schedule shall reflect a tentative start date of July 1, 2022 through June 30, 2023 with the option to renew upon satisfactory review and request of the City.

DocuSign Envelope ID: E987ADF9-612B-437D-805C-D4A0CA3810C7 1122
City of Banning

REQUEST FOR PROPOSAL

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

B. Company Information
o This section shall include contact person information, address and telephone number of the company main office and branch offices. Each Company shall identify itself as to the type of organizational entity (corporation, sole proprietorship, partnership, joint venture, etc.). Any supplemental information that Company believes may be pertinent to the selection process may be provided.
▪ How long the company has been in business, plus a brief description of the company history, size and organization.
o The proposer should provide an affirmative statement that it is independent of the City as defined by generally accepted auditing standards/the U.S. General Accounting Office's Government Auditing Standards (1994).
o The Proposal shall identify any litigation, mediation, or arbitration, regarding the performance of any services similar to the Services, in which the Company has been involved in the past five (5) years. If the Services require a license or certification, the Proposal shall include any claims or disciplinary action taken against Company or any of Company’s key personnel within the past five years.

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

DocuSign Envelope ID: E987ADF9-612B-437D-805C-D4A0CA3810C7 1123
City of Banning

REQUEST FOR PROPOSAL

LANDSCAPE MAINTENACE SERVICES FOR CITY PROPERTIES
o An affirmative statement should be included that the proposer and all assigned key professional staff are properly licensed to practice in California.

D. Disclosure
o Please disclose any and all past or current business and personal relationships with any current Banning elected official, appointed official, City employee, or family member of any current Banning elected official, appointed official, or City employee.

Any past or current business relationship may not disqualify the firm from consideration.

E. Experience and References
o The Proposal must demonstrate that the Company, or its key personnel, meets the minimum experience requirement in #Prerequisites with a legally registered business name, that provides services of a similar type and scope as described in the Scope of Services. A Company shall not have filed for bankruptcy under any business name over the past five (5) years.
o Company shall provide at least 3 references, within the past 5 years, of clients for whom services have been performed that are comparable in quality and scope to that specified in this RFP. The references shall include client names, addresses, telephone numbers and e-mail addresses of the clients for whom prior work was performed and include an explanation of the services provided along with project start and end dates.
*Response required
V.C Price Proposal*
All proposals submitted shall have a stated dollar bid amount for providing the services outlined in the Scope of Services. The total shall be an all-inclusive maximum price and to contain all direct and indirect costs including all out-of-pocket expenses with a full and complete breakdown of all said costs, and proposed fees including but not limited to hourly rates, reimbursable expenses and/or rates, mileage and/or travel cost, miscellaneous fees, etc., for the first year's audit engagement.

In addition, a statement must be included in this section that if the proposer is charging travel costs, the proposer's charges invoiced to the City for travel, lodging and subsistence shall not exceed the current IRS rates.
*Response required
V.D Value Added Services
Please describe any value-added services your company offers that may be of use to the City DocuSign Envelope ID: E987ADF9-612B-437D-805C-D4A0CA3810C7 1124
City of Banning

REQUEST FOR PROPOSAL

LANDSCAPE MAINTENACE SERVICES FOR CITY PROPERTIES
V.E Evidence of Insurance*
In addition, the Company shall provide evidence of possession of insurance in the coverage and amounts listed in the Sample Agreement.

City requires that licensees, lessees, and vendors have an approved Certificate of Insurance (not a declaration or policy) or proof of legal self-insurance on file with the City for the issuance of a permit or contract. Within ten (10) consecutive calendar days of award of contract, successful Proposer must furnish the City with the Certificates of Insurance proving coverage as specified in contract sample.
*Response required
V.F Vendor Forms
Please download the below documents, complete, and upload. • New_Vendor_Packet.pdf
V.G Type of Business*
☐ C Corporation
☐ S Corporation
☐ Limited Liability C Corporation
☐ Partnership
☐ Limited Liability Partnership
☐ Sole Proprietor/Individual
☐ Other
*Response required
V.H Type your Legal Company Name Here*
State your Company's Name Here. This will be verified against the California Secretary of State's Website.
*Response required
V.I Contractors State License Board (CSLB) Number*
Contractors State License Board (CSLB) Number*
Please enter your License Number here. This will be verified against the state database *Response required
V.J California Department of Industrial Relations Registration* California Department of Industrial Relations Registration* DocuSign Envelope ID: E987ADF9-612B-437D-805C-D4A0CA3810C7 1125
City of Banning

REQUEST FOR PROPOSAL

LANDSCAPE MAINTENACE SERVICES FOR CITY PROPERTIES
Please enter your Public Works Contractor Registration Number. This will be verified against the state database.
*Response required
V.K PREVAILING WAGE REQUIREMENT*
Please upload pages 1-5 of attachment B - Banning Prevailing Wage Checklist Acknowledgement *Response required
V.L EX PARTE COMMUNICATIONS CERTIFICATION*
I certify that Bidder and Bidder’s representatives have not had any communication with a City Councilmember concerning this IFB at any time after the date and time that this IFB was publicly advertised.
☐ Yes
☐ No
*Response required
V.M EX PARTE COMMUNICATION CONTINUED*

EX PARTE COMMUNICATION CONTINUED *
If stated "Yes" above, please explain the circumstances in the following space, or state "None. *Response required
V.N DISQUALIFICATIONS QUESTIONNAIRE*
Has the Company, any officer of the Company, or any employee of the Company who has proprietary interest in the Company, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or safety regulation?
☐ Yes
☐ No
*Response required
V.O DISQUALIFICATIONS QUESTIONNAIRE CONTINUED*
If stated "Yes" above, please explain the circumstances in the following space, or state "None." *Response required
V.P DISCLOSURE OF GOVERNMENT POSITIONS*
Each Bidder shall disclose below whether any owner or employee of the firm currently hold positions as elected or appointed officials, directors, officers, or employees of a governmental entity or held such positions in the past twelve months. List below or state "None." DocuSign Envelope ID: E987ADF9-612B-437D-805C-D4A0CA3810C7 1126
City of Banning

REQUEST FOR PROPOSAL

LANDSCAPE MAINTENACE SERVICES FOR CITY PROPERTIES
☐ Yes
☐ No
*Response required
V.Q DISCLOSURE OF GOVERNMENT POSITIONS CONTINUED*
If stated "Yes" above, please disclose any owner or employee of the firm currently hold positions as elected or appointed officials, directors, officers, or employees of a governmental entity or held such positions in the past twelve months, or state "None." *Response required
DocuSign Envelope ID: E987ADF9-612B-437D-805C-D4A0CA3810C7 1127
City of Banning

REQUEST FOR PROPOSAL

LANDSCAPE MAINTENACE SERVICES FOR CITY PROPERTIES
VI. PRICING PROPOSAL

RATE SHEET
Line Item Location Quantity Unit of
Measure
Monthly Rate Annual Rate
1 Ramsey Street Medians from Highland
Springs Avenue to Highland Home Road
12 Month
2 Banning City Hall (Civic Center) 12 Month
3 Banning Police Station (125 E. Ramsey
Street)
12 Month
4 Banning Police Station Northeast
Parking Lot (125 E. Ramsey Street)
12 Month
5 Fire Station (5261 W. Wilson Street) 12 Month
6 Community Center & Senior Center
(769 & 789 N. San Gorgonio Avenue)
12 Month
7 Aquatic Center (749 N. San Gorgonio) 12 Month
8 Former Army Nation Guard Property
(2041 W. Nicolet Street)
12 Month
9 Brinton Reservoir (1700 N. Mountain
Avenue)
12 Month
10 Sunset Reservoir (1202 N. Sunset
Avenue)
12 Month
11 San Gorgonio Parking Lot 12 Month
TOTAL

CLEAN-UP
Line Item Location Unit of Measure Monthly Rate
1 Ramsey Street Medians from Highland Springs Avenue to Highland Home Road
One Time
2 Banning City Hall (Civic Center) One Time
3 Banning Police Station (125 E. Ramsey Street) One Time DocuSign Envelope ID: E987ADF9-612B-437D-805C-D4A0CA3810C7 1128
City of Banning

REQUEST FOR PROPOSAL

LANDSCAPE MAINTENACE SERVICES FOR CITY PROPERTIES
Line Item Location Unit of Measure Monthly Rate
4 Banning Police Station Northeast Parking Lot (125 E.

Ramsey Street)
One Time
5 Fire Station (5261 W. Wilson Street) One Time
6 Community Center & Senior Center (769 & 789 N. San
Gorgonio Avenue)
One Time
7 Aquatic Center (749 N. San Gorgonio) One Time
8 Former Army Nation Guard Property (2041 W. Nicolet
Street)
One Time
9 Brinton Reservoir (1700 N. Mountain Avenue) One Time
10 Sunset Reservoir (1202 N. Sunset Avenue) One Time
11 San Gorgonio Parking Lot One Time
DocuSign Envelope ID: E987ADF9-612B-437D-805C-D4A0CA3810C7 1129
City of Banning

REQUEST FOR PROPOSAL

LANDSCAPE MAINTENACE SERVICES FOR CITY PROPERTIES
VII. SUBMISSION INSTRUCTIONS AND INQUIRIES
VII.A Inquiries
If prior to the date fixed for submission of Proposals, a prospective Company discovers any ambiguity, conflict, discrepancy, omission or other errors in this RFP or any of its appendices, exhibits or attachments, the Company shall immediately notify the City of such error in writing and request modification or clarification of the document. Modifications shall be made by written Addenda to the RFP.

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

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

The Final day for receipt of questions from the Proposer shall be on or before the due date indicated in the schedule of events section. To ensure fairness and avoid misunderstandings, all communications must be in written format and submitted only in the format set forth above.

Any verbal communications will not be considered or responded to. All questions received by the due date will be logged and reviewed and if required, a response will be provided via an addendum to the RFP that will be posted on the City’s website. Any communications, whether written or verbal, with any City Councilmember, City staff, or RFP evaluation panel member other than the individual indicated above, prior to award of a contract by City Council, is strictly prohibited and the Proposer shall be disqualified from consideration.

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

Unauthorized conditions, exemptions, limitations, qualifications, or provisions attached to a Proposal will render it non-responsive and will cause its rejection.

DocuSign Envelope ID: E987ADF9-612B-437D-805C-D4A0CA3810C7 1130
City of Banning

REQUEST FOR PROPOSAL

LANDSCAPE MAINTENACE SERVICES FOR CITY PROPERTIES
The Company, in responding to this RFP, must submit Proposals in the format identified in this RFP. The Proposal must address all requirements of the RFP even if a “no response” is appropriate.

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

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

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

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

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

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

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

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

DocuSign Envelope ID: E987ADF9-612B-437D-805C-D4A0CA3810C7 1131
City of Banning

REQUEST FOR PROPOSAL

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

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

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

VII.G Withdraw Of Proposals
All proposals shall be firm offers and may not be withdrawn for a period of one hundred twenty (120) days following the deadline date for submission of proposals noted herein. Submitted Proposals may be withdrawn at any time prior to the submission deadline.

VII.H Pre-Proposal Meeting
There will be an optional pre-proposal meeting Tuesday, May 10, 2022 at 10:00 am. The meeting will be located at Corner of Wilson St and Highland Home Rd.

DocuSign Envelope ID: E987ADF9-612B-437D-805C-D4A0CA3810C7 1132
City of Banning

REQUEST FOR PROPOSAL

LANDSCAPE MAINTENACE SERVICES FOR CITY PROPERTIES
VIII. EVALUATION CRITERIA
The City reserves the right to amend, withdraw, and cancel this RFP. The City also reserves the right to reject all responses to this RFP at any time prior to agreement execution. Furthermore, the City reserves the right to request additional information about any and all Proposals, that in City’s opinion, is necessary to assure that the Company’s competence, number of qualified employees, business organization, experience, and financial resources are adequate to perform the Services.

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

Responsive proposals will be evaluated on the basis of the criteria below. If needed, interviews will be scheduled during or after the week indicated in the “Schedule of Events” section. If needed, interviews will be conducted by the same members on the proposal evaluation panel.

Dates, times, and a location will be coordinated at that time if interviews are deemed necessary after the evaluation of responsive proposals. If interviews are deemed necessary, candidates who have submitted the highest scoring proposals within a competitive range as determined by the City will be invited to participate in the interview process.

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

The City intends to select the Company that offers the best value to the City based on the criteria outlined above.

No. Evaluation Criteria Scoring Method Weight (Points)

1. Qualifications 0-5 Points 25
(25% of Total)

2. Pricing 0-5 Points 20
(20% of Total)

3. Experience (Projects of similar size and scope) 0-5 Points 25 (25% of Total)

4. Professional References 0-5 Points 20
(20% of Total)
DocuSign Envelope ID: E987ADF9-612B-437D-805C-D4A0CA3810C7 1133
City of Banning

REQUEST FOR PROPOSAL

LANDSCAPE MAINTENACE SERVICES FOR CITY PROPERTIES

5. Approach and Methodology 0-5 Points 5
(5% of Total)

6. Value Added Services 0-5 Points 5
(5% of Total)
DocuSign Envelope ID: E987ADF9-612B-437D-805C-D4A0CA3810C7 1134
City of Banning

REQUEST FOR PROPOSAL

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

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

IX.B CONTRACT DOCUMENTS
In submitting a Proposal, the Company agrees to enter into an Agreement with the City without exceptions to the City’s standard agreement. The City’s standard agreement is non-negotiable, and a copy of the standard agreement is attached herein. Any change to the standard agreement will deem the Proposal non-responsive. In the event of a conflict exists between documents the following order of precedence shall apply:
• Agreement
• City of Banning’s Request For Proposals
• Company’s Response to the Request For Proposals
IX.C EXECUTION OF AGREEMENT
After contract award, the following shall be signed and returned to the City within fourteen (14) calendar days from the date the City mails, or by other means delivers said documents to the Company:
• The Agreement in the form included herein, properly executed by the Company. • Certificates of Insurance and Additional Insured Endorsement evidencing coverage as specified in the sample agreement.
• Confirmation of current business tax certificate.
• Bonds, if required.

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

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

DocuSign Envelope ID: E987ADF9-612B-437D-805C-D4A0CA3810C7 1135
City of Banning

REQUEST FOR PROPOSAL

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

DocuSign Envelope ID: E987ADF9-612B-437D-805C-D4A0CA3810C7 1136
City of Banning

REQUEST FOR PROPOSAL

LANDSCAPE MAINTENACE SERVICES FOR CITY PROPERTIES
X. TERMS AND CONDITIONS
X.A Contract Terms And Conditions
The successful company will be required to execute the City's standard agreement (“Agreement”). A sample is attached herein. The successful company must meet all insurance requirements in the Agreement. All terms and conditions of the Agreement are non-negotiable.

Companies must possess valid City of Banning Business License throughout the term on the contract. Failure to execute the Agreement and furnish the required insurance within the required time period shall be just cause for the rescission of the award. If any of the successful Companies refuse or fail to execute the Agreement, the City may award the Agreement to the next most qualified Company.

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

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

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

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

DocuSign Envelope ID: E987ADF9-612B-437D-805C-D4A0CA3810C7 1137
City of Banning

REQUEST FOR PROPOSAL

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

X.D Rejection Of Proposals
The City may reject any/or all Proposals and may waive any immaterial deviation in a Proposal.

The City’s waiver of an immaterial defect shall in no way modify this RFP or excuse the Company from full compliance with this RFP and/or the Contract Documents if awarded the Contract.

Proposals that include terms and conditions other than City’s terms and conditions may be rejected as being non-responsive. The City may make investigations as deemed necessary to determine the ability of the Company to perform the work, and the Company shall furnish to the City all such information and data for this purpose as requested by the City. The City reserves the right to reject any proposal if the evidence submitted by, or investigation of, such Company fails to satisfy the City that such Company is properly qualified to carry out the obligations of the Agreement and to complete the work described herein.

X.E Protest Procedures
Failure to comply with the rules set forth herein may result in rejection of the protest. Protests based upon restrictive specifications or alleged improprieties in the proposal procedure which are apparent or reasonably should have been discovered prior to receipt of proposals shall be filed in writing with the RFP Facilitator at least 10 calendar days prior to the deadline for receipt of proposals. The protest must clearly specify in writing the grounds and evidence on which the protest is based.

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

Should Proposer decide to appeal the response of the RFP Facilitator, and pursue its protest at the Council meeting, it will notify the RFP Facilitator of its intention at least two days prior to the scheduled meeting.

DocuSign Envelope ID: E987ADF9-612B-437D-805C-D4A0CA3810C7 1138
City of Banning

REQUEST FOR PROPOSAL

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

DocuSign Envelope ID: E987ADF9-612B-437D-805C-D4A0CA3810C7 1139
City of Banning

REQUEST FOR PROPOSAL

LANDSCAPE MAINTENACE SERVICES FOR CITY PROPERTIES
IN WITNESS WHEREOF the Parties hereto have executed this Agreement the day and year first hereinabove written.

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

NAME: Date
TITLE:

ATTEST:

Tax ID No.

Caroline Patton Date
Deputy City Clerk
Address:

APPROVED AS TO FORM:

Richards, Watson & Gershon
City Council Approval: _____________
Kevin G. Ennis, Esq., Date
City Attorney

NOTE: PROOF OF AUTHORITY TO BIND CONTRACTING PARTY REQUIRED. APPROPRIATE ATTESTATIONS SHALL BE

INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.

DocuSign Envelope ID: E987ADF9-612B-437D-805C-D4A0CA3810C7 1140