Agenda packet, regular meeting — Banning City Council, August 25, 2026 (part 4 of 6)

RESOLUTION 2026-110

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

APPROVING THE PURCHASE OF A NEW IBM SERVER TO SUPPORT THE

CENTRALSQUARE NAVILINE ERP UPGRADE, AUTHORIZING THE REQUIRED

INSTALLATION SERVICES, AND APPROVING A CITYWIDE NAVILINE BUSINESS

PROCESS REVIEW AND SYSTEM RE-IMPLEMENTATION
WHEREAS, the City operates the CentralSquare NaviLine Enterprise Resource Planning (ERP) system in an on-premises environment to support essential functions, including utility billing, accounting, payroll, purchasing, fixed assets, land and parcel management, cash receipts, and work-order interfaces; and WHEREAS, the City's existing IBM hardware platform has reached the end of its support lifecycle and is not compatible with the operating system and software versions required to deploy the latest NaviLine release; and
WHEREAS, replacement of the IBM server is necessary to maintain vendor support, software compatibility, operational stability, and uninterrupted performance of the City's core ERP functions; and
WHEREAS, City staff evaluated both continued on-premises operation and migration to the CentralSquare NaviLine cloud platform and determined that the cloud platform would increase recurring annual costs by approximately $80,000; and WHEREAS, under the City's current financial constraints, continued on-premises operation with replacement IBM hardware is the most cost-effective option and preserves the City's ability to evaluate cloud migration or other modernization opportunities in the future; and
WHEREAS, the NaviLine system has been in use for more than 20 years, during which staff turnover, retirements, organizational changes, and evolving business practices have resulted in inconsistent use of the system and a loss of institutional knowledge; and
WHEREAS, a comprehensive Business Process Review and system reimplementation will modernize workflows, improve consistency, provide targeted training, reduce manual processes, and maximize the City's existing ERP investment; and WHEREAS, the proposed hardware installation services are available through an OMNIA Partners cooperative purchasing agreement that provides competitively established pricing, pre-negotiated terms, and verified contractor qualifications; and WHEREAS, Solutions II is the contractor authorized for the selected hardware solution, and its use will promote system compatibility, preserve applicable warranty and support coverage, reduce procurement time and administrative cost, and avoid unnecessary project delay; and
587
Resolution 2026-110

Page 2 of 5 ends

WHEREAS, the proposed project is consistent with Strategic Initiative 4b of the City's Strategic Plan, which includes upgrading the existing utility billing software by bringing NaviLine to the most current version; and
WHEREAS, the total cost of the proposed hardware, installation services, Business Process Review, and system re-implementation is $133,361.39 and will be funded through the Information Systems Services Fund (Fund 703) Fiscal Year 2026/27 budget.

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

SECTION 1. The City Council approves the purchase of new IBM server hardware required to support the latest CentralSquare NaviLine ERP release in an amount not to exceed $55,321.39 utilizing Omnia Partners Contract 159072.

SECTION 2. The City Council authorizes the procurement of related hardware installation services from Solutions II in an amount not to exceed $8,200.

SECTION 3. The City Council approves CentralSquare's performance of a citywide NaviLine Business Process Review and system re-implementation in an amount not to exceed $69,840.

SECTION 4. The City Council hereby authorizes the City Manager, or designee, to make necessary non-substantive revisions to the agreements and to execute all purchase orders, agreements, amendments, and related documents necessary to complete the IBM server purchase, installation services, and Business Process Review and System Re-Implementation, in forms approved by the City Attorney, provided the total cost does not exceed the amounts approved herein.

SECTION 5. 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 25th day of August 2026.

Richard Royce, Mayor
City of Banning
588
Resolution 2026-110

Page 3 of 5 ends

ATTEST:

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

Phaedra Norton, City Attorney
Slovak, Baron, Empey, Murphy & Pinkney,
LLP
589
Resolution 2026-110

Page 4 of 5 ends

CERTIFICATION:

I, Sandra Calderon, Deputy City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2026-110, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 25th day of August 2026 by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Sandra Calderon, Deputy City Clerk
City of Banning, California
590
Resolution 2026-110

Page 5 of 5 ends

Exhibit A
Agreements
591
Quote prepared on:

August 03, 2026
Quote prepared by:

Sage Brownchweig
[email protected]
Thank you for your interest in CentralSquare. CentralSquare provides software that powers over 8,000 communities. More about our products can be found at www.centralsquare.com.

WHAT SERVICES ARE INCLUDED?
_____

DESCRIPTION TOTAL

1. Public Administration Consulting Services - As Incurred 43,200.00

2. Public Administration Project Management Services - As Incurred 8,640.00

3. Public Administration Project Management Services - As Incurred 3,600.00

4. Public Administration Training Services - As Incurred 14,400.00 Services Total 69,840.00 USD

QUOTE SUMMARY
_____
Services Subtotal
69,840.00 USD
Quote Subtotal 69,840.00 USD
Quote #: Q-265516
Primary Quoted Solution: NaviLine PA
Quote expires on: December 05, 2026
Quote prepared for:

Eric Brown
City of Banning
Att: Finance Department P.O. Box 998
Banning, California 92220
(951) 922-3133
592
Quote prepared on:

August 03, 2026
Quote prepared by:

Sage Brownchweig
[email protected]
Quote Total 69,840.00 USD
WHAT ARE THE RECURRING FEES?
_____

TYPE AMOUNT
FIRST YEAR MAINTENANCE TOTAL 0.00
FIRST YEAR SUBSCRIPTION TOTAL 0.00
FIRST YEAR RECURRING SERVICES TOTAL 0.00
The amount totals for Maintenance and/or Subscriptions on this quote include only the first year of software use and maintenance.

This Quote is not intended to constitute a binding agreement. The terms herein shall only be effective once incorporated into a definitive written agreement with CentralSquare Technologies (including its subsidiaries) containing other customary commercial terms and signed by authorized representatives of both parties.

BILLING INFORMATION
_____
Fees will be payable within 30 days of invoicing.

Please note that the Unit Price shown above has been rounded to the nearest two decimal places for display purposes only.

The actual price may include as many as five decimal places. For example, an actual price of $21.37656 will be shown as a Unit Price of $21.38. The Total for this quote has been calculated using the actual prices for the product and/or service, rather than the Unit Price displayed above.

Prices shown do not include any taxes that may apply. Any such taxes are the responsibility of Customer. This is not an invoice.

For customers based in the United States or Canada, any applicable taxes will be determined based on the laws and regulations of the taxing authority(ies) governing the "Ship To" location provided by Customer on the Quote Form. 593
Quote prepared on:

August 03, 2026
Quote prepared by:

Sage Brownchweig
[email protected]

PURCHASE ORDER INFORMATION
_____
Is a Purchase Order (PO) required for the purchase or payment of the products on this Quote Form? (Customer to complete) Yes [ ] No [ ]
Customer’s purchase order terms will be governed by the parties’ existing mutually executed agreement, or in the absence of such, are void and will have no legal effect.

PO Number:
_______________________________________
Initials:
_____________________________________________
Applicable Additional terms will be added to the next page. 594
595
Quote:20260803
Valid until 8/31/2026
NaviLine POWER Upgrade Proposal
for
City of Banning
Omnia Partners Contract 159072
Product Description Qty IBM MSRP
Solutions II
Sales Price
9028-21B 2U POWER10 Model S1012 1 4,400.00 4,048.00 $
0040 Mirrored System Disk Level, Specify Code 1 -
2145 Primary OS - IBM i 1 -
2319 Factory Deconfiguration of 1-core 3 -
5557 System Console-Ethernet LAN adapter 1 -
6458 Power Cord 4.3m (14-ft), Drawer to IBM PDU (250V/10A) 2 28.00 25.76 $ 9300 Language Group Specify - US English 1 - - $
AKNC Premium S&H Indicator 1 297.00 297.00 $
EB3Y AC Common Redundant Power Supply - 800W for Server (100 2 1,100.00 1,012.00 $ EB75 IBM i 7.5 Indicator 1 -
EJ2C PCIEe LP 12Gb x8 SAS Tape HBA Adapter 1 1,799.00 1,655.08 $ EJX0 Front IBM Bezel for Rack-Mount 1 499.00 459.08 $
ELYA ES3A/ES5B Load Source Specify (800 GB 4K NVMe U.2 SSD PC 1- EMBW 64GB (2x32GB) ISDIMMs, 3200 MHz, 8Gbit DDR4 Memory 1 7,174.00 6,600.08 $ EN2Y PCIe LP 4-Port 1GbE Adapter 2 700.00 644.00 $
ENSA 200 GB IBM i NVMe Load Source Namespace size 1 -
EPFV One Processor Core Activation for EPG7 4 -
EPG7 4-core Typical 3.0 to 3.90 Ghz (max) Power10 Processor 1 3,299.00 3,035.08 $ ERKE Unit Enclosure and Rack Mounting Hardware 1 450.00 414.00 $ ES5B Enterprise 800GB SSD PCIe4 NVMe U.2 module for IBM i 4 9,884.00 9,093.28 $ EU2K Operator Panel LCD Display 1 399.00 367.08 $
EUA5 Standalone USB DVD drive w/cable 1 99.00 91.08 $
9811-A03 3 YEAR, ADVANCED EXPERT CARE 1 1,819.69 1,819.69 $ ========= =========
9028-21B Price 29,561.21 31,947.69
3580-H8S TS2280 LTO 8 SAS Tape Drive 1 11,796.80 14,746.00 1412 SAS tape drive support 1 278.20 222.56
5507 4m Mini-SAS HD/Mini-SAS 1X Cable 1 187.25 149.80
7003 Rack Mount Shelf Kit w/PDU Line Cord 1 188.32 150.66 9800 2.8m Power Cord 125V US/Canada 1 20.33 16.26
AKNC Premium S&H Indicator 1 50.00 50.00
6661-B01 Warranty Service Upgrade 3 YR 24x7 Same Day 4hr 1 1,095.00 1,095.00 ========= =========
3580-H8S Price 13,481.08 16,565.10
1 of 2 596
Quote:20260803
Valid until 8/31/2026
NaviLine POWER Upgrade Proposal
for
City of Banning
Omnia Partners Contract 159072
Product Description Qty IBM MSRP
Solutions II
Sales Price
Subscription Licensing and Support
5663-SP1 IBM i Subscription Term Processor 3Y Registration 1 - 0428 P05 Subscription Reg 24x7 3Y 1 687.00 583.95
0429 P05 Per Processor 3Y Subscription (21x/22x/41x/VSN P05 Tie 1 - 5663-SU1 IBM i Subscription Term User 3Y Registration 1 - 0005 Conversion to Subscription Unlimited Users 3Y (21x/41x P05 T 1- 5770-SP3 IBM i Subscription Term Processor 3Y Billing 1 - 2439 P05 Per Processor 3Y Subscription Billing 1 7,937.00 6,746.45 5770-SS1 IBM i V7 1 -
3439 Subscription Term Registration 36 -
3450 Electronic SW Delivery (ESD) 1 -
5851 Supply IBM i Lang Group 1 (i7.5) 1 -
5875 i 7.5 Licensed Machine Code -RS 750-H (TR7) 1 -
5975 i 7.5 USB Licensed Machine Code-RS 750-H (TR7) 1 - 6096 Subscription License Registration (7.5) 1 -
5770-SU3 IBM i Subscription Term User 3Y Billing 1 -
2395 P05 Conversion to Subscription Unlimited Users 3Y 1 5,393.00 4,584.05 5773-PVE 3-Year SWMA for PowerVM 1 -
0999 Per Proc SW Maint Registration (Small) 1 429.00 364.65 ========= =========
3 Year Subscription Licensing Price 12,279.10 14,446.00 Hardware Price 48,512.79 43,042.29
Subscription OneTimeCharge 14,446.00 12,279.10
========= =========
OMNIA PARTNERS Contract #159072 Products $ 55,321.39 62,958.79 $

Hardware Solution Total 55,321.39 $
Prepared by: Lori Blan
[email protected]
770-216-4462
August 3rd, 2026
2 of 2 597
Quote Date: 7/1/2026
Lori Blan Solutions II, Inc.

Office (770) 216-4462 8822 S. Ridgeline Blvd
[email protected] Suite 117
Littleton, CO 80129
Proposal
For
City of Banning
NaviLine POWER10 Installation Services
These prices are for your information only and are subject to change without notice. Tax not included. 1 598
Quote Date: 7/1/2026
Remote Assistance with Installation and Data Migration Services Includes Tape Drive Adapter for POWER7 connection to LTO8 drive Includes Upgrade to V7.5
Services Total 8,200.00 $
These prices are for your information only and are subject to change without notice. Tax not included. 2 599
8/5/2026 703/3700 951-922-3133
Lori Blan
Solutions-ii
8822 S. Ridgeline Blvd., Suite 117 | Littleton, Colorado 80129 770-216-4462 x
600
Installation and Migration Services for New IBM Server Installation 99 E. Ramsey Street
x
601

ATTACH TO THE SOLE SOURCE FORM
DETAILED JUSTIFICATION FOR SOLE SOURCE:
(widen text boxes as necessary)
The requestor shall clearly provide:
a. A detailed description of the type of contract to be established; b. A detailed description ofservices and/or commodities to be provided by the vendor; c. An explanation of why the recommended vendor is the only one capable of providing the required services and/or commodities and include back-up information to support the justification; The City of Banning intends to establish a service contract through an approved cooperative purchasing agreement (Omnia Partners) with our existing hardware vendor for network and technology equipment installation services. This contract will cover installation, configuration, and integration of the equipment the City already procures through the same vendor under the cooperative purchasing program.

The vendor will provide professional installation services for hardware previously purchased under the Omnia cooperative contract, including networking equipment, servers, switching infrastructure, and related components. Services include remote installation, hardware configuration, compatibility testing, and ensuring full integration with existing City systems.

The vendor is uniquely positioned to provide installation services because they are the authorized installer and integrator for the specific hardware the City purchases through the Omnia cooperative agreement. Their technicians are certified for this equipment, ensuring compatibility, warranty protection, and compliance with manufacturer requirements.

Using a different installer may void warranties, cause configuration issues, or require additional support costs due to lack of product-specific expertise. Additionally, Omnia agreements are competitively bid at the national level, ensuring pre-vetted vendors with verified qualifications and pricing structures already compliant with procurement standards. 602
d. The identity of other sources that have been contacted and explain in detail why they cannot fulfill the City’s requirements;
e. An explanation of how the recommended vendor’s prices or fees compare to the general market and attach quotes for comparable services and supplies, if available (limited competition); f. An explanation of how the City would accomplish this particular task if the recommended vendor could not provide the product or service.

Although other IT service vendors exist, they do not have the manufacturer certifications or Omnia contract authorization required to install the specific hardware procured by the City.

Without those credentials, they cannot guarantee warranty compliance or validated integration services. As a result, alternative providers cannot meet technical requirements for installation of this equipment.

The vendor’s pricing is established through the Omnia cooperative purchasing agreement, which is competitively bid and publicly awarded. This ensures pricing that is already benchmarked at or below market rates. Any additional quotes obtained from non-authorized installers reflect either higher pricing or incomplete service scopes due to lack of certification.

If the recommended vendor were unable to provide installation services, the City would face significant delays and additional costs associated with identifying and contracting a certified installer capable of working with the purchased equipment. The City would also risk warranty issues, compatibility problems, and extended downtime caused by using installers unfamiliar with the hardware purchased under the cooperative agreement. No alternative vendor currently offers the required combination of certification, cooperative contract coverage, and product-specific installation expertise.
603
Note: Valid Sole Source justification requires strong technological or strong programmatic justifications 604

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Elizabeth Gibbs, City Manager
PREPARED BY: Marisol Lopez, Economic Development Manager Elizabeth Gibbs, City Manager
MEETING DATE: August 25, 2026
SUBJECT: Informational Update: Existing Vacant Property Registration and Enforcement Framework Under Banning Municipal Code Chapter 8.12 and Ordinance No. 1589
STAFF RECOMMENDATION:

That the City Council receive the report, discuss the information presented, and provide direction to staff, as deemed appropriate.

BACKGROUND:

Vacant commercial properties and long-term inactive storefronts can negatively impact the appearance, safety, economic vitality, and public perception of commercial corridors. Vacant buildings may reduce pedestrian activity, affect nearby businesses, contribute to blight, limit sales tax generation, and make business recruitment more challenging.

The City of Banning continues to prioritize economic development, business attraction, retail recruitment, downtown revitalization, the Downtown Complete Streets Plan, and activation of underutilized commercial areas. These priorities support the City’s broader economic development goals and the Banning 2030 vision to strengthen and diversify the local economy.

This informational item provides the City Council and the community with an overview of the City’s existing vacant property registration ordinance, current operational information, and general policy considerations related to long-term vacant commercial properties under Banning Municipal Code Chapter 8.12.

The City has a vacant property registration framework under Banning Municipal Code Chapter 8.12, titled “Registration of Vacant Properties.” Banning Ordinance No. 1589 amended and restated Chapter

8.12 in 2023. The ordinance states that vacant properties are a cause and source of blight in residential and nonresidential neighborhoods and establishes registration requirements for residential, commercial, industrial, and mixed-use properties that are vacant, abandoned, distressed, in disrepair, or in a state of foreclosure or default. [Source: Ordinance No. 1589; BMC Chapter 8.12.] Chapter 8.12 requires the owner of any abandoned, distressed, or vacant property to register the property with the City of Banning Community Development Department. The ordinance defines “vacant” as a building or structure that is not legally occupied. Registration is required based on the earliest applicable trigger, including: 30 days after the property becomes vacant when the owner does not intend for the property to be reoccupied; 10 days after the property has been vacant and not reoccupied for 30 605
days; or 10 days after the City provides written notice that the property is vacant based on inspection. [Source: Ordinance No. 1589; BMC 8.12.030 and 8.12.040.] The ordinance currently references the Community Development Department and Community Development Director. Staff notes that Code Enforcement is currently part of the Police Department. The ordinance language appears to reflect the City’s prior organizational structure, when Code Enforcement was under Community Development.

The registration requirement is placed on the property owner, not necessarily the former business tenant.

If a business entity owns the vacant commercial property, that business entity may be responsible for registering the property. If a tenant closes or vacates a leased storefront, the responsibility generally falls on the property owner or responsible party identified under the Municipal Code.

Chapter 8.12 includes maintenance, inspection, signage, enforcement, violation, and public nuisance provisions. The City Code Enforcement Division may inspect properties when there is evidence of vacancy and may require registration if a property is determined to be vacant. Registered properties are subject to inspection every six months to determine compliance with Chapter 8.12. [Source: Ordinance No. 1589; BMC 8.12.050.]
Under BMC 8.12.040, the City Council establishes fees for vacant property registration and renewals.

The ordinance states that the required fee must accompany the registration application or renewal and that registration and renewal fees are not prorated. The available City fee schedule identifies a Vacant & Distressed Building Fee of $75.00 per property/per year. [Source: Ordinance No. 1589; BMC 8.12.040; City Fee Schedule.]
Current Implementation Status, Code Enforcement provided the following operational information for City Council and public awareness:

Vacant property registrations are required to be renewed annually under the ordinance.

Code Enforcement does not currently maintain a registry of vacant properties and works reactively to gain compliance as cases are identified.

Although the ordinance provides for six-month inspections of registered properties, those inspections are not currently being completed. Code Enforcement reports it is approximately nine months behind on code inspections due to the overall caseload.

The reporting structure does not include a filter to identify the number of citations issued specifically for vacant property registration cases.

Attachment C summarizes the number of vacant property registration notices issued: 2024: 22 notices; 2025: 33 notices; and 2026 YTD: 45 notices.

Code Enforcement is unable to provide the total vacant property registration fee revenue collected as the financial system does not separate vacant property registration fees from other Code Enforcement revenue. All revenue is deposited into the same Code Enforcement general ledger account.

Surrounding City Comparison
Several surrounding and comparable jurisdictions also use vacant or abandoned property registration programs that address registration, maintenance, local contact information, inspections, and enforcement. Attachment A is included for general informational context. The comparison confirms that Banning already has an adopted registration and property-maintenance framework; it is not presented as a recommendation for a particular policy approach.

Downtown Banning Property Data and Inventory
Staff also conducted a preliminary review of publicly available listings for Downtown Banning and Ramsey Street commercial properties. The listing information is provided only to illustrate properties being marketed for sale or lease and should not be treated as a formal City vacancy or enforcement 606
determination. A property may be occupied, partially leased, under negotiation, or listed for sale while continuing to operate.

Attachment B is included for informational purposes only and is not a vacant property registry, a Citymaintained enforcement list, or a formal determination that any property is vacant under BMC Chapter

8.12. Any potential vacancy determination would require review of City records and field verification by the appropriate department.

JUSTIFICATION:

As the City Council discusses long-term vacant commercial properties, this report summarizes the City’s current vacant-property framework and related policy considerations for informational purposes. It does not recommend a preferred course of action; the City Council may provide any direction it considers appropriate.

Under Banning Municipal Code Chapter 8.12 and Ordinance No. 1589, the City already requires qualifying vacant residential, commercial, industrial, and mixed-use properties to be registered, secured, and maintained. The program requires contact information and an annual $75 fee, provides for six-month inspections, and authorizes applicable enforcement and abatement remedies. Registration, maintenance, inspection, local-contact, and enforcement tools are also commonly used by surrounding jurisdictions. This existing framework is immediately available within the City’s current staffing and fiscal capacity and supports economic development while addressing long-term vacancy, blight, public safety, and property-maintenance concerns.

As the City Council discusses long-term vacant commercial properties, this report summarizes the City’s current vacant-property framework, current implementation information, and related policy considerations for informational purposes. It does not recommend a preferred course of action; the City Council may provide any direction it considers appropriate.

A commercial vacancy tax may be discussed as a future policy option. Establishing a commercial and/or residential vacancy tax would require the City to define taxable properties, vacancy standards, tax rates, exemptions, verification procedures, appeals, billing, collection, enforcement, and the use of revenue. A tax would also require legal and fiscal review, public outreach, and potentially voter approval depending on the structure of the measure. A City-proposed general tax requires majority voter approval; a special tax dedicated to a specific purpose requires two-thirds voter approval. Any future cost and revenue estimates would depend on the final program design. [Sources: California Constitution, Article XIII C, Section 2; City of Oakland Vacant Property Tax program and Ordinance No. 13571.] Community members may report vacant or unsafe properties through the City’s Report a Concern Website: http://www.banning.ca.us/FormCenter/Police-10/Code-Enforcement-IssueConcern-Form-62 or by calling Code Enforcement at (951) 922-4821.

Although Banning Municipal Code Chapter 8.12 references the Community Development Department, Code Enforcement is currently within the Police Department.

FISCAL IMPACT:

None.

ATTACHMENTS:

1. Vacant Property Registration Form_201501141752407600 (1).pdf

2. Banning Municipal Code Chapter 8.12, Registration of Vacant Properties.pdf

3. ORDINANCE 1589_ CHAPTER 8.12 REGISTRATION OF VACANT PROPERTIES.pdf

4. Attachment_A_Surrounding_City_Comparison_PDF.pdf

5. Attachment_B_Downtown_Banning_Property_Data_and_Inventory_PDF.pdf

6. Attachment_C_Vacant_Property_Registration_Notices_Issued_.pdf 607
608

REGISTRATION FORM FOR ABANDONED RESIDENTIAL PROPERTY
Please fill out the information requested below and deliver this form to The Code Enforcement Division at The Banning Police Department reception desk or mail to City of Banning Police Department, PO Box 1177, Banning California, 92220.

Registered Residence Address: _______________________________________________________ Assessor Parcel Number: __________________________________ Notice of Default Recordation #: ___________________________________ (please attach copy to this form) Lender/Lien Holder: _______________________________________________________________ Contact: _____________________________________ Contact Phone: (____) _________________ Lender/Lien Holder Mailing Address:
_____________________________________________________________________________ Property Manager: ___________________________________ Business License No.: ________________ Contact: ___________________________________________ 24 Hour Phone#: (____) _______________ Property Management Company Local Mailing Address:
______________________________________________________________________________ Standard Annual Fee of $75.00 per property Please Check One □ New Registration □ Renewal Registration An annual registration fee shall accompany this registration form. The fee and registration shall be valid for the calendar year, or remaining portion of the calendar year, in which the registration was initially required. Subsequent registrations and fees are due January 1st of each year and must be received no later than January 31 of the year due.

Registration fees will not be prorated
Initiated by:
______________________________ ___________________________________ __________________ Print Name Signature Date
Company Name and Address
609
City of Banning Municipal Code, Chapter 8.12, VACANT AND DISTRESSED BUILDINGS, SECTION 8.12.010 “PURPOSE”: Vacant buildings are a major cause and source of blight in both residential and non-residential neighborhoods, especially when the owner of the building fails to actively maintain and manage the building. Vacant buildings discourage economic development, retard appreciation of property values, are potential fire hazards, and can jeopardize the ability of owners of neighboring property from securing or maintaining affordable fire insurance, among other things. The purpose of this Chapter is to establish uniform and reasonable regulations to prevent the immediate risks and detrimental effects associated with vacant and distressed residential property.

It is the purpose and intent of the City of Banning City Council, through the adoption of this Chapter, to establish and abandoned residential property registration program as a mechanism to protect residential neighborhoods from becoming blighted through the lack of adequate maintenance and security of abandoned properties.

City of Banning Municipal Code, Chapter 8.12, VACANT AND DISTRESSED BUILDINGS, SECTION 8.12.030 “registration/fees”:

Owner Responsibility under BMC 8.12
 Any beneficiary/trustee who holds a deed of trust on a property located within the City of Banning shall perform an inspection of the property that is the security for the deed of trust upon default by the trustor and prior to recording a Notice of Default with the Riverside County Recorders Office.  If the property is found to be vacant, the beneficiary/trustee shall, within ten (10) days of the inspection, register the property with the City of Banning Code Enforcement Division on forms provided by the City of Banning.  If the property is legally occupied, the beneficiary/trustee or his designee shall inspect the property monthly until either 1) the trustor or other party remedies the default, or 2) it is found to be vacant, at which time the beneficiary/trustee is required to register the property with the City of Banning Code Enforcement Division on forms provided by the City of Banning within ten (10) days of finding the property to be vacant.  The property is kept free of evidence of vacancy.
 The exterior of any building, including but not limited to paints and finishes, is maintained in good condition and in accordance with previously approved plans, if any;
 The landscaping of visible front and side yards is maintained in good condition and in accordance with previously approved plans, if any.
 Exterior trash, debris, abandoned automobiles and graffiti are promptly and regularly removed.  Pools and spas shall either (a) be kept in working order so the water remains clear and free of pollutants and debris or (b) drained and kept dry. In either case, properties with pools and/or spas must comply with the minimum security fencing requirements of the State of California.
 The property is secured.
 The building is maintained in compliance with all applicable codes and regulations.  Adherence to this section does not relieve the beneficiary/trustee or owner of any obligations set forth in any Covenants Conditions and Restrictions and/or Home Owners Association rules and regulations which may apply to the vacant property.
 Vacant property that is under a Notice of Default or has been foreclosed upo n shall be posted with the name and 24-hour contact phone number of the local property maintenance company and/or real estate agency retained by the beneficiary/trustee. The posting shall be no less than 18" X 24" and shall be of a font that is legible from a distance of forty-five (45) feet and shall contain, along with the name and 24-hour contact number, the words "THIS PROPERTY MANAGED BY" and "TO REPORT PROBLEMS OR CONCERNS CALL." The posting shall be placed on the interior of a window facing the street to the front of the property so that it is visible from the street, or secured to the exterior of the building/structure facing the street to the front of the property so it is visible from the street; if no such area exists, on a stake of sufficient size to support the posting in a location that is visible from the street to the front of the property but not readily accessible to vandals. The exterior posting must be constructed of and printed with weather resistant materials.
610
A.

1. 2.

3. C.

8.12.040 - Registration.

The owner of any abandoned, distressed, or vacant property must register the property with the City of Banning Community Development Department in accordance with this chapter.

Registration is required no later than the earliest applicable occurrence of any of the following:

Thirty days it becomes vacant and the owner does not intend for the property to be reoccupied.

Ten days after it has been vacant and not reoccupied for a period of thirty days.

Ten after the city gives written notice to the owner that the property is vacant based on an inspection pursuant to Section 8.12.050.

The city registry of abandoned, distressed, and vacant properties shall be maintained in writing on such forms that the community development director requires, and shall include but not necessarily limited the following information: (i) the location on the property; (ii) the name of the property owner (corporation or individual); (iii) the direct street/office mailing address of the owner (no postal boxes); (iv) a direct contact name and phone number for the owner; and (v) in the case of a corporation or non-local owner, the local property maintenance company and/or real estate agency responsible for the security, maintenance, and marketing of the property. It shall be the responsibility of the owner to notify the city of any changes to the registration information required by this chapter within ten days of the change.

Registration must be renewed on an annual basis until the property is no longer abandoned, distressed, or vacant.

Registrations are valid for the calendar year in which they are first required and must be renewed on an annual basis no later than January 31st of the applicable renewal year. Renewal registrations must be accompanied by current inspection report in a form approved in the advance by the community development director. The owner of the property must notify the city of any change in the status of the property.

The city council shall establish fees for registration and renewals required under this chapter. Any such fee must accompany registration application or renewal as applicable. Registration and renewal fees shall not be prorated.
611
H.

In the event that a property is encumbered by the security interests of more than one beneficiary at the time when a notice of default is recorded, the beneficiary who causes a notice of default for its security interest to be recorded shall be responsible for registering the property with the city as provided in this section. Upon the recordation of a notice of default on a property by any beneficiary, regardless of the security lien interest priority of such beneficiary in the property in relation to the priority of the security interests of the other beneficiaries in the same property, the city, in its discretion may elect to enforce the provisions of this chapter against one or more beneficiaries who have not separately recorded a notice of default against the property.

For any property registered pursuant to this section that is subject to a notice of default, the beneficiary or its agent shall give the city written notice within ten days following: (i) release of a notice of default and the reinstatement of the loan of the trustor; and/or (ii) the sale, transfer or other conveyance to a third person of a property, which notice shall include the current contact information for such bona fide purchaser/successor-in-interest to the beneficiary in such property.
(Ord. No. 1589, § 1, 7-11-23)

8.12.080 - Enforcement.

The City Code Enforcement Division shall have the primary responsibility for enforcing this chapter and to require corrective actions including, but not limited to, securing any/all door(s), window(s) or other openings, installing additional security lighting, increasing on-site inspection frequency, employment of an on-site security guard, or other measures as may be reasonably required to arrest the decline of a property.

Nothing in this chapter shall be deemed to prevent the city, upon appropriate written application to the superior court, from seeking appointment of a receiver for property under applicable law, to provide appropriate preservation, maintenance, security or abatement of adverse conditions on any abandoned property or to appoint a receiver or take other action. (Ord. No. 1589, § 1, 7-11-23)
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ORDINANCE 1589

AN ORDINANCE OF THE CITY OF BANNING, CALIFORNIA,
REGARDING VACANT PROPERTIES AND AMENDING CHAPTER 8.12

OF THE BANNING MUNICIPAL CODE REGARDING THE SAME
The City Council of the City of Banning does hereby ordain as follows:

SECTION 1. Chapter 8.12 of the Banning Municipal Code is hereby amended and restated in its entirety to read as follows:

8.12.010
"CHAPTER 8.12

REGISTRATION OF VACANT PROPERTIES
Purpose.

Vacant properties are a major cause and source of blight in both residential and nonresidential neighborhoods, especially when the owners of such properties fail to actively maintain and manage them. It is the purpose and intent of this chapter to establish a registration of residential, commercial, industrial, and mixed-use properties that are vacant, abandoned, distressed, in disrepair, or in a state of foreclosure or default.

These mechanisms are in place to protect neighborhoods from becoming blighted through the lack of adequate maintenance and security of abandoned or vacant properties, including residential and commercial properties that are subject to foreclosure proceedings and residential properties that are being held by a beneficiary following the completion of a foreclosure proceeding, pending sale by the beneficiary or pending lease by the beneficiary and occupancy of the unoccupied residential structure.

Vacant properties discourage economic development, retard appreciation of property values, are potential fire hazards, and can jeopardize the ability of owners of neighboring property from securing or maintaining affordable fire insurance, among other things. The purpose of this chapter is to establish uniform and reasonable regulations to prevent the immediate risks and detrimental effects associated with vacant properties.

8.12.020 Applicability.

The registration and maintenance requirements of this chapter are applicable to any improved property vacant regardless of when such property became vacant. The provisions of this chapter are in addition to other provisions of this code that pertain to abandoned, distressed, or vacant properties or property maintenance.

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8.12.030 Definitions.

For the purposes of this chapter, the following words and phrases shall have the meanings set forth in this section unless the context in which it is used clearly requires otherwise.
"Beneficiary" means a lender under a promissory note to pay money secured by a deed of trust on property. "Beneficiary" includes any assignee or successor to such beneficiary, whether such assignee or successor acquires its interest in the beneficiary's promissory note either before a notice of default is recorded on the property securing the obligation payable to the beneficiary or after a notice of default is recorded. In the event that a property may provide security for the loan or obligation of more than one beneficiary, the beneficiary who causes its notice of default to be recorded shall be responsible for registering the property as set forth in this chapter. "Building Official" means the individual within the City responsible for direct regulatory administration or supervision of administrating the City's Building Code Ordinance and plan review activities, or such person designated by that official for purposes of this chapter. "City" means the City of Banning.
"Community Development Director" means the City's Community Development Director or such person designated by that official for purposes of this chapter.
"Deed of trust" means an instrument by which title to real estate is transferred to a third party trustee as security for a real estate loan. This definition applies to any and all subsequent deeds of trust, i.e., second trust deed, third trust deed, etc.
"Days" means consecutive calendar days.
"Default" means the failure to fulfill a contractual obligation, monetary or conditional.
"Distressed" means a property that is under a current notice of default and/or notice of trustee's sale or has been foreclosed upon by the trustee or has been conveyed to the owner via a deed in lieu of foreclosure or sale.
"Evidence of vacancy" means any property condition that on its own, or combined with other conditions present, would lead a reasonable person to believe that such property is vacant. Such conditions include but are not limited to, the absence of a current and valid planning entitlement, building permit, or business license to operate any business, a Notice to Abate a Public Nuisance filed against the property owner, tenant, lessee, or other Ordinance 1589

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responsible party, a notice, filed by the Building Official or their designee that the property, or part of the property is not safe for human occupancy, overgrown and/or dead vegetation, dry brush, weeds, accumulation of newspapers, circulars, flyers, notices or mail (except those required by federal, state or local law), abandoned automobiles not properly stored within a building, past due utility notices and/or disconnected utilities, accumulation of trash, junk, building materials and/or debris, discarded personal items including but not limited to furniture, clothing, large and small appliances, the absence of window coverings such as curtains, blinds and/or shutters, the absence of furnishings and/or personal items. "Foreclosure" means the process by which a property, placed as security for a real estate loan, is sold to satisfy the debt if the truster (borrower) defaults.
"Local" means located or existing within forty (40) road/driving miles distance of the subject property.
"Notice of default" means a recorded notice that states that a default has occurred under a deed of trust and that the beneficiary intends to proceed with a trustee's sale.
"Owner" means any person, co-partnership, association,
corporation, or fiduciary having a legal or equitable title or any interest in any real property. "Owner" includes, without limitation, any beneficiary or trustee of real property.
"Property" means any improved real property, or portion thereof, situated in the incorporated territory of the City of Banning, including any buildings or structures located on such improved real property. "Trustee" means the person, firm or corporation holding a deed of trust on a property.
"Vacant" means a building or structure that is not legally occupied.

8.12.040 Registration.

A. The owner of any abandoned, distressed, or vacant property must register the property with the City of Banning Community Development Department in accordance with this chapter.

B. Registration is required no later than the earliest applicable occurrence of any of the following:

1. Thirty (30) days it becomes vacant and the owner does not intend for the property to be reoccupied.

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2. Ten (10) days after it has been vacant and not reoccupied for a period of thirty (30) days.

3. Ten (10) after the City gives written notice to the owner that the property is vacant based on an inspection pursuant to Section 8.12.050.

C. The City registry of abandoned, distressed, and vacant properties shall be maintained in writing on such forms that the Community Development Director requires, and shall include but not necessarily limited the following information: (i) the location on the property; (ii) the name of the property owner (corporation or individual); (iii) the direct street/office mailing address of the owner (no postal boxes); (iv) a direct contact name and phone number for the owner; and (v) in the case of a corporation or non-local owner, the local property maintenance company and/or real estate agency responsible for the security, maintenance, and marketing of the property. It shall be the responsibility of the owner to notify the City of any changes to the registration information required by this chapter within ten (10) days of the change.

D. Registration must be renewed on an annual basis until the property is no longer abandoned, distressed, or vacant.

E. Registrations are valid for the calendar year in which they are first required and must be renewed on an annual basis no later than January 31st of the applicable renewal year. Renewal registrations must be accompanied by current inspection report in a form approved in the advance by the Community Development Director.

The owner of the property must notify the City of any change in the status of the property.

F. The City Council shall establish fees for registration and renewals required under this chapter. Any such fee must accompany registration application or renewal as applicable. Registration and renewal fees shall not be prorated.

G. In the event that a property is encumbered by the security interests of more than one beneficiary at the time when a notice of default is recorded, the beneficiary who causes a notice of default for its security interest to be recorded shall be responsible for registering the property with the City as provided in this section. Upon the recordation of a notice of default on a property by any beneficiary, regardless of the security lien interest priority of such beneficiary in the property in relation to the priority of the security interests of the other beneficiaries in the same property, the City, in its discretion may elect to enforce the provisions of this chapter against one or Ordinance 1589

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more beneficiaries who have not separately recorded a notice of default against the property.

H. For any property registered pursuant to this section that is subject to a notice of default, the beneficiary or its agent shall give the City written notice within ten (10) days following: (i) release of a notice of default and the reinstatement of the loan of the truster; and/or (ii) the sale, transfer or other conveyance to a third person of a property, which notice shall include the current contact information for such bona fide purchaser/successor-in-interest to the beneficiary in such property.

8.12.050 Inspections.

A. The City Code Enforcement Division may inspect any property upon evidence of vacancy for the purposes of determining whether it must be registered pursuant to this chapter. If the City finds as a result of such inspection that the property is vacant, the owner shall be given written notice of the results of the inspection and the requirementthat the property be registered pursuant to this chapter.

B. The City Code Enforcement Division shall inspect every property registered pursuant to Section 8.12.040 every six (6) months for the purpose of determining compliance with this chapter.

C. All inspections pursuant to this section shall be conducted upon prior reasonable notice and, where possible, the consent of the owner, and/or occupant of the property. In instances when the owner or occupant's permission cannot reasonably be obtained despite due and diligent inquiry by the City, or where the owner occupant expressly refuses to consent to an inspection, the City's inspection shall consist of the exterior areas of the property that may be viewed from the adjacent public right-of-way or from adjacent property on which the owner or occupant of such adjacent property has consented to entry onto such adjacent property by the City or owner for the purpose of conducting an inspection of the adjoining property.

D. The City shall maintain a written record of each inspection conducted pursuant to this section, which record shall at a minimum include The name and title of the person(s) who conducted the inspection, the reason(s) for the inspection, the date and time of the inspection, and the following information about the property:
1 . Whether it is occupied or vacant, and if vacant, set forth facts to support the evidence of vacancy;

2. Whether it is in compliance with the general maintenance and monitoring standard set forth in Section 8.12.060;
Ordinance 1589

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3. 4.

5. 6.

7. 8.

9. 8.12.060
Photos of the interior and exterior of the property;
Exterior photos from at least two adjacent streets, if
applicable;
A statement as to the most recent business use conducted or provided by the former occupant, resident, tenant, or lessee to occupy the property.

The approximate length of time in which the property has been abandoned or vacant.

A statement identifying the efforts taken to rent, lease, sell, or otherwise occupy the property with a legally permitted and permissible use.

If security appliances have been installed on the property by owner, occupant or another person or entity, the inspection report shall indicate whether the installed security appliances are intact and in good and serviceable condition.

Such other property-specific information as the Building Official or the Community Development Director or designee may direct in writing the owner.

Maintenance Requirements.

A. Abandoned, distressed, and vacant properties must be, in comparison to the neighborhood standard, kept free of evidence of vacancy, which shall include but not be limited to compliance with the following:

1. The exterior of any building, including but not limited to paints and finishes, shall be maintained in good condition and in accordance with previously approved plans, if any.

2. The landscaping of visible front and side yards shall be maintained in good condition and in accordance with
previously approved plans, if any.

3. Exterior trash, debris, abandoned automobiles and graffiti shall be promptly and regularly removed.

4. Pools and spas shall either (i) be kept in working order so the water remains clear and free of pollutants and debris, or (ii) drained and kept dry. In either case, properties with pools and/or spas must comply with the minimum security fencing requirements of the State of California.

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5. The property and all buildings and structures thereon shall be reasonably secured to prevent unauthorized entry and access or in accordance with such other specific securing standard as may be ordered in writing by the code enforcement officer, chief building official, or the Community Development
Director.

6. All buildings and structures on the property shall be maintained in compliance with all applicable codes and
regulations.

7. The property shall be kept free of weeds, dry brush, dead vegetation, trash, junk, debris, building materials, any accumulation of newspapers, circulars, flyers, notices, except those required by federal, state or local law, discarded personal items including but not limited to furniture, clothing, large and small appliances, printed material or any other items that give the appearance that the property is abandoned.

8. The property shall be kept free of graffiti, tagging or similar markings by removal or painting over with an exterior grade paint that matches the color of the exterior of the structure.

B. If the owner of a registered property is a corporation or resides outside the City, the owner shall retain a local property management company to perform weekly inspections to verify that the requirements of this section, and any other applicable law, are being satisfied. The local property management company shall make available to the City upon request written confirmation that the property has been inspected not less frequently than once per week to confirm that the property is in compliance with the requirements of this chapter.

C. Upon prior written application in a form approved by the Community Development Director and accompanied by a fee as determined by a resolution of the City Council, the owner of a registered property may enter into a memorandum of agreement with the City in a form acceptable to the City Attorney for administration of the provisions of this section as to one or more properties. Such a memorandum shall have a duration of not more than 12 months, unless renewed or extended by the owner and the City and shall contain other provisions reasonably acceptable to the Community Development Director, or designee. Each such memorandum of agreement shall reference this section, and shall be subject to the approval by the Community Development Director.

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D. Adherence to the maintenance and monitoring standard set forth in this chapter does not relieve the owner of any requirement or obligation imposed by or pursuant to this code or any covenant, condition, and restriction, or any homeowners' association rule or regulation.

8.12.070 Signage requirements.

Abandoned, distressed, and vacant properties shall be posted with the name and twenty-four (24) hour contact phone number of the owner or the person they have retained to maintain the property. The posting shall be no less than eighteen (18) inches by twenty-four (24) inches and shall be of a font that is legible from a distance of forty-five (45) feet and shall contain, along with the name and twenty-four (24) hour contact number, the words:
"THIS PROPERTY MANAGED BY[insert name here]"
and "TO REPORT PROBLEMS OR CONCERNS
CALL [insert 24-hr contact phone number here]."
The posting shall be placed on the interior of a window facing the street to the front of the property so that it is visible from the street, or secured to the exterior of the building/structure facing the street to the front of the property so it is visible from the street; if no such area exists, on a stake of sufficient size to support the posting in a location that is visible from the street to the front of the property but not readily accessible to vandals. The exterior posting must be constructed of and printed with weather resistant materials.

8.12.080 Enforcement.

A. The City Code Enforcement Division shall have the primary responsibility for enforcing this chapter and to require corrective actions including, but not limited to, securing any/all door(s}, window(s) or other openings, installing additional security lighting, increasing on-site inspection frequency, employment of an on-site security guard, or other measures as may be reasonably required to arrest the decline of a property.

B. Nothing in this chapter shall be deemed to prevent the City, upon appropriate written application to the superior court, from seeking appointment of a receiver for property under applicable law, to provide appropriate preservation, maintenance, security or abatement of adverse conditions on any abandoned property or to appoint a receiver or take other action.

8.12.090 Violations and Penalties.

A. It shall be unlawful for any persons to fail to register or maintain any property as required by this chapter. Failure to timely register a Ordinance 1589

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property as required by this chapter shall be treated as a strict liability offense regardless of intent. Each day that a property remains is not registered or is not maintained as required by this chapter shall be a separate offense.

B. Violations of this chapter are punishable pursuant to Chapter 1.20 (Administrative Citations), Chapter 1.24 (Criminal Citations), or Chapter 1.28 (General Penalty) of this code in addition to any other remedies, criminal or civil, that may be available to the City, C. For purposes of Chapter 1.24 (Criminal Citations), failure to timely register a property or to notify the City of the disposition of a registered property as required by the chapter shall be deemed an infraction subject to penalty as provided in Section 1.28.030 of this code.

D. The remedies available to the City under this chapter to respond to adverse property maintenance conditions on properties where foreclosure proceedings have been initiated by a beneficiary or to respond to adverse property maintenance conditions on properties where a beneficiary has completed the exercise of its remedies following the recordation of a notice of default under this chapter are expressly declared to be cumulative with all other remedies available to the City under applicable law.

8.12.0100 Public Nuisance.

Any violation of this chapter is hereby declared a public nuisance subject to abatement pursuant to Chapter 8.48 (Nuisances) of this code in addition to any In addition to any other remedies, criminal or civil, that may be available to the City."
SECTION 2. Pursuant to the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) ("CEQA") and the State CEQA Guidelines (California Code of Regulations, Title 14, Section 15000 et seq.), the City Council finds that it can be seen with certainty that there is no possibility that the adoption of this Ordinance will have a significant effect on the environment. Adoption of this ordinance is therefore exempt from CEQA pursuant to State CEQA Guidelines Section 15061 (b)(3).

SECTION 3. If any provision of this Ordinance is determined by any court of competent jurisdiction, or by any federal or state agency having jurisdiction over its subject matter, to be invalid and in conflict with any paramount federal or state law or regulation now or hereafter in effect, or is determined by that court or agency to require modification in order to conform to the requirements of that paramount law or regulation, then that provision will be deemed a separate, distinct, and independent part of this chapter, and such determination will not affect the validity and enforceability of any other provisions.

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SECTION 4. The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of Banning's book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law.

SECTION 5. This Ordinance will become effective on the thirty-first (31st) day following its passage and adoption.

PASSED, APPROVED AND ADOPTED this 11th day of July 2023. ,,., ATTEST:

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

Serita Young , City Attorney
Richards , Watson & Gershon
Ordinance 1589

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Alberto S chez, Mayor
City of B nning
622
CERTIFICATION:

I, Caroline Patton , Deputy City Clerk of the City of Banning, California, do hereby certify that Ordinance 1589 was duly introduced at a regular meeting of the City Council of the City of Banning, held on the 23rd day of May 2023, and was duly adopted at a regular meeting of said City Council on the 11th day of July 2023, by the following vote, to wit:

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

NOES:

ABSENT:

ABSTAIN :

Ordinance 1589

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Caroline Patton, Depu City Clerk
City of Banning, California
623

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ATTACHMENT A

SURROUNDING CITY COMPARISON
Vacant and Abandoned Property Registration Programs | Staff Report Attachment | 2026-323 | Prepared by M. Lopez Comparison Overview: Several nearby or comparable Coachella Valley/San Gorgonio Pass jurisdictions already use vacant or abandoned property registration programs. These programs generally focus on registration, maintenance, local contacts, inspections, and enforcement before pursuing taxbased tools.

Jurisdiction Program / Code Applies To Key Requirement / Lesson for Banning City of Banning BMC Chapter 8.12; Ordinance No.
1589
Residential, commercial, industrial, and
mixed-use properties that are vacant,
abandoned, distressed, in disrepair, or in
foreclosure/default.

Owner must register; inspections every six
months; maintenance and signage requirements;
enforcement by Code Enforcement.

City of Indio
Chapter 95D, Registration and
Maintenance of Abandoned
Properties
Abandoned/vacant properties tied to
default, foreclosure, trustee/beneficiary
obligations, and related vacant property
conditions.

Beneficiary/trustee must register with the Police
Department within 10 days of identifying
abandoned property; annual registration and
maintenance standards apply.

City of Palm Springs Chapter 8.80, Vacant Buildings and Boarding Regulations
Residential and commercial buildings;
commercial property is considered vacant
when at least 35% of building floor area is
not occupied.

Vacant property must be registered no later than
10 days after becoming vacant; includes
maintenance plan, local property management,
and vacant commercial building monitoring fee
authority.

City of Desert Hot
Springs
Chapter 8.40, Abandoned Building
Registration
Residential and nonresidential
vacant/abandoned/distressed buildings.

Owner must register within 10 days of becoming
vacant or being deemed vacant; City may register
noncompliant properties and impose annual fee;
civil penalties and liens/special assessments
available.

City of Calimesa
Chapter 8.55, Registration and
Maintenance of Vacant and
Abandoned Properties
Residential and non-residential
neighborhoods; vacant/abandoned
properties associated with
default/foreclosure.

Beneficiary/trustee must register within 30 days
after inspection if property is vacant or shows
evidence of vacancy; enforcement by city
manager/designee, peace officers, code
enforcement, or other officials.

City of Hemet Ordinance No. 2022; Vacant
Property Annual Registration Form
Registration form includes commercial,
single-family, mobile/manufactured, and
multi-family property types.

Annual registration forms valid for one year;
property management company required if owner
lives more than 40 miles from property.
624

Page 2 of 2 ends

Jurisdiction Program / Code Applies To Key Requirement / Lesson for Banning City of Beaumont Vacant & Abandoned Property
Registration Program
Vacant, abandoned, and distressed
parcels and properties.

City identifies risks from lack of security and
maintenance, including squatting, vandalism,
burglaries, illegal dumping, and physical/economic
blight.

Council Consideration: Based on the comparison above, Banning is not behind surrounding cities in having an ordinance. Banning already has a registration and maintenance ordinance. The primary issue for Council consideration is whether the City should more actively implement and enforce the existing Chapter 8.12 requirements and whether the ordinance should be updated to reflect the current department structure. 625

ATTACHMENT B

DOWNTOWN BANNING PROPERTY DATA AND INVENTORY
Preliminary Public-Source Review | Staff Report Attachment | 2026-323 | Prepared by M. Lopez Important Note: This attachment is a preliminary public-source inventory for discussion purposes only. It is not a formal City vacancy determination, code enforcement finding, or declaration of nuisance.

Properties may be occupied, partially occupied, listed for sale or lease, under negotiation, or in transition. Any determination under Banning Municipal Code Chapter 8.12 must be verified through City records, business license/certificate of occupancy records, permit records, Code Enforcement history, and field inspection.

Property Public Listing / Property Data Staff Review Note Source Image 775 E. Ramsey St.

Public listing describes a 4,000 SF retail building listed for sale at $3,500,000 and identified as approximately
50% leased.

Potential partial vacancy or available space. Verify
current occupancy, lease status, business license,
and condition before any classification.

LoopNet - 775 E. Ramsey
St. listing
View property listing
635-645 E. Ramsey
St.

Public listing describes a 9,000 SF retail building listed for sale at $1,495,000 and identified as approximately
50% leased; Units A and D are listed as 1,000 SF each
and available.

Example of available commercial space along the
Ramsey corridor. Verify current availability, tenant
status, and any active permits.

LoopNet - 635-645 E.

Ramsey St. listing
View property listing
166 W. Ramsey St.

Public listing describes a downtown retail/storefront
building of approximately 6,000 SF with C2 / General
Downtown Commercial zoning, listed for sale and shown
as on market beginning July 8, 2025.

Downtown property near the civic area. Listing status
alone does not determine vacancy. Verify current
tenants, occupancy, and business license status.

LoopNet - 166 W. Ramsey
St. listing
View property listing
170 W. Ramsey St.

Public listing describes a downtown commercial/mixeduse property of approximately 2,250 SF listed for sale.

Realty.com search result indicates the listing was
published August 7, 2025.

Preliminary staff review indicates possible long-term
inactivity. Verify through City records, business
license status, and field inspection before
classification.

Realty.com - 170 W.

Ramsey Street listing
View property listing

Page 1 of 2 ends

626
ATTACHMENT B: DOWNTOWN BANNING PROPERTY DATA AND INVENTORY Preliminary Public-Source Review | Verification Required Property Public Listing / Property Data Staff Review Note Source Image 55 & 66 W. Ramsey
St.

Public property data identifies 55 W. Ramsey as
approximately 2,350 SF. No active public listing was
identified for 66 W. Ramsey in the preliminary review.

Potential long-term inactive or underutilized
downtown/Ramsey properties. Confirm APNs,
ownership, occupancy, business license history, and
property condition.

LoopNet - 55 W. Ramsey
St. property record;
preliminary staff review for
66 W. Ramsey St.

View property listing
116 W. Ramsey St.

Public listing describes a 3,026 SF retail/restaurant
building listed at $1,250,000. LoopNet search result
indicates the listing has been published for approximately

2.6 years.

Long-running downtown/Ramsey property listing.

Verify whether the restaurant or other use remains
active before any vacancy classification.

LoopNet - 116 W. Ramsey
St. listing
View property listing
64-66 N. 1st St.

Public listing history describes a 20,950 SF retail/mixeduse building with a historical market date of October 4, 2018; listing is no longer advertised on LoopNet.

Illustrates historical long-term market exposure. Verify current tenants, occupancy, certificates of occupancy,
permits, and property condition.

LoopNet - 64-66 N. 1st St.
historical listing
View property listing
177 N. 1st St.

Public property/listing data describes a medical building with C-2 zoning, 0.22 acres, and approximately 5,208 SF.

Public listing history indicates the property was previously listed for sale in 2015.

Preliminary review suggests possible long-term
inactive status. Verify current occupancy, ownership,
business license, certificates of occupancy, and
condition.

Public property/listing
records - 177 N. 1st St.

View property listing
Methodology and Source Note: Public listing information was compiled from LoopNet, Realty.com, Zillow, and preliminary staff review. Public listing information can change and should not be used as the sole basis for enforcement. Staff should verify all properties through City records and field inspection before classifying a property as vacant, partially vacant, occupied, under active construction, for sale/lease only, or pending verification.

Page 2 of 2 ends

627

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2026-323
8/25/26 MLopez
ATTACHMENT C: VACANT PROPERTY REGISTRATION NOTICES ISSUED Code Enforcement Data | Informational Staff Report Attachment | 2026-323 | Verification Required Year Vacant Property Registration Notices
Issued Change / Trend Staff Review Note
2024 22 Baseline year Notices issued for vacant property registration cases identified by Code Enforcement.
2025 33 +11 notices from 2024 Increase in notices issued compared to 2024; citation counts are not separately tracked by case type.
2026 YTD 45 Year-to-date figure; not a full-year comparison Highest notice count in the data provided to date; current inspections are delayed due to overall caseload.

Operational Notes
• Registrations are required to be renewed annually under the ordinance. • Code Enforcement does not currently maintain a master registry of vacant properties and works reactively to gain compliance as cases are identified. • Six-month inspections are not currently being completed. Code Enforcement reports being approximately nine months behind on code inspections due to overall caseload. • The reporting system does not have a filter to track citations issued specifically for vacant property registration cases. • Registration fee revenue cannot currently be reported separately because vacant property registration revenue is deposited into the same Code Enforcement general ledger account as other Code Enforcement revenue.

Methodology and Source Note: Data reflects vacant property registration notices issued as reported by Code Enforcement for 2024, 2025, and 2026 year-to-date. Notice counts do not represent a formal vacancy inventory, citation count, revenue report, or determination that all identified properties remain vacant. Staff should verify status through City records and field review before using the data for enforcement or policy decisions.
628

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Elizabeth Gibbs, City Manager
PREPARED BY: Matthew Bassi, Interim Community Development Director Matthew Bassi, Interim Community Development Director
MEETING DATE: August 25, 2026
SUBJECT: Professional Services Agreements for On-Call/As Needed CEQA/NEPA Services
STAFF RECOMMENDATION:

The Community Development Department recommends the City Council take the following actions:

1. Authorize the City Manager to execute a Professional Services Agreement between the City of Banning and PlaceWorks, Inc., to provide on-call CEQA/NEPA services;

2. Authorize the City Manager to execute a Professional Services Agreement between the City of Banning and Albert Webb & Associates to provide on-call CEQA/NEPA services;

3. Authorize the City Manager to execute a Professional Services Agreement between the City of Banning and Environmental Planning Development Solutions, Inc., to provide on-call CEQA/NEPA services;

4. Authorize the City Manager to execute a Professional Services Agreement between the City of Banning and Kimley-Horn Inc., to provide on-call CEQA/NEPA services; and

5. Authorize the City Manager to execute a Professional Services Agreement between the City of Banning and Michael Baker International, Inc., to provide on-call CEQA/NEPA services; BACKGROUND:

The Planning Department has a need to expand our current "5-Firm" CEQA/NEPA short list of qualified environmental consultants to assist the department with the preparation of environmental documents (i.e., MND’s & Addendums, EIR’s, etc.) as part of the city’s on-going development review process. The current short list was approved by City Council on December 9, 2025 via CC Resolution No. 2025-170.

Over the past seven (7) months, staff has found that many of the existing CEQA firms are currently working under contract for developer/applicants who have (and have had) active development projects under review by the planning department. This situation creates an inherent conflict of interest and reduces the department's ability to utilize these firms services for "peer reviews," etc.

To remedy this, the Planning Department released an RFP (RFP 26-129) on May 6, 2026 seeking proposals from qualified environmental firms to be added to the city's “short-list” of CEQA/NEPA consultants. The RFP was posted on the city’s website with a closing date to submit proposals by May 27, 2026. The City received 16 proposals from various firms during the RFP period. A copy of the CEQA/NEPA Services RFP 26-129 is included for Council reference in Attachment 2.

After close of the RFP period, staff independently reviewed all proposals and ranked each firm on the criteria outlined in the RFP. Following a careful review of the proposals by our internal selection committee, there was consensus on who were the five (5) highest ranking firms. The top five (5) firms 629
staff is recommending for contract award to assist the department with the preparation of environmental documents are as follows (in no particular order):

PlaceWorks, Inc.;
Albert Webb & Associates;
Environmental Planning Development (EPD) Solutions, Inc.; Kimley-Horn Inc.; and
Michael Baker International, Inc.

The breadth of experience and capacity of these additional firms will provide the department with the best flexibility it needs to assign projects appropriately and quickly to ensure the timely processing of development projects requiring some level of CEQA review. Attached to the Council Resolution is the city's current professional services agreement template (Attachment 2) that will be used to enter into a contract with each firm as approved by City Council. A copy of the draft professional services agreement for each firm (including their proposal) is provided for Council consideration in Attachment 4-8.

JUSTIFICATION:

This process of using qualified independent environmental review firms assists the department in furthering the following goals:

Provide expert, unbiased environmental analysis of development projects to decision makers. The private consulting firms are available to support and defend their work if challenged; Augment staff time so that staff members can work on staff reports, assist customers, and work on council-directed projects;
Provide environmental review at no cost to the City for private development projects; and While the consultants are retained by and report to the City, the cost for the CEQA preparation work is fully paid by the applicant.

At this point in time and anticipating development activity coming forward over the next year +, and in order to save time and expense for the city and our applicant’s, having five (5) additional firms ready to go at a moment’s notice will benefit the planning department in meeting our CEQA needs. These additional firms will also be in a position to assist the City with city initiated CEQA related services (as needed), including capital improvement and road projects for the Public Works Department. Staff believes having the additional firms “on-call” will also better meet the needs of our development community by providing extra choices that will result in a more expedited process.

It is important to note that the CEQA work provided by all our on-call consulting firms will be fully paid by each developer/applicant through a developer deposit account related to a specific project. The initial term of the Agreement shall last three (3) years from the date of execution with the option to extend for two (2) 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. The agreement for each firm (including the firms proposals) are provided for Council consideration in Attachments 3 - 7.

FISCAL IMPACT:

There is no fiscal impact to the General Fund in approving the agreements as this action only adds qualified firms to the City's established "CEQA On-Call Short List." All future CEQA work assigned to any of the 10 firms will require Council approval of a separate 3-party agreement (scope and budget) when a new development project is submitted for development review. The cost to prepare the CEQA document will be fully paid by the Applicant/Developer funded through a developer deposit account that includes the firm's charges, city's standard 15% overhead charge and any related city attorney charges to review and process the environmental document.
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ATTACHMENTS:

1. Attach 1 - CC Resolution 2026-106 [8-25-26].docx

2. Attach 2 - RFP-26-129 [CEQA-NEPA Services].pdf

3. Attach 3 - Contract No C01279 Albert Webb Associates.pdf

4. Attach 4 - Contract No C01280 Environment Planning Development.pdf

5. Attach 5 - Contract No C01281 Kimley Horn and Associates Inc.pdf

6. Attach 6 - Contract No C01282 Michael Baker International Inc.pdf

7. Attach 7 - Contract No C01283 PlaceWorks Inc.pdf
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ATTACHMENT 1
City Council Resolution No. 2026-106
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Page 2 of 5 ends

RESOLUTION 2026-106

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA, APPROVING FIVE (5) PROFESSIONAL SERVICES

AGREEMENTS WITH ALBERT WEBB & ASSOCIATES, PLACEWORKS,
INC., KIMLEY HORN, MICHAEL BAKER INTERNATIONAL, AND EPD SOLUTIONS, INC. FOR ON-CALL CEQA/NEPA ENVIRONMENTAL

SERVICES RELATED TO PRIVATE DEVELOPMENT PROJECTS AND

CITY INITIATED PROJECTS
WHEREAS, the Community Development Department manages the land use entitlement process for private development applications in the City, including current planning development projects that require compliance with state and federal environmental laws; and
WHEREAS, the Community Development Department has determined that there is a need to expand the City’s current five-firm “on-call” CEQA/NEPA environmental services consultant list for a variety of future private development projects and various public sector projects to continued compliance with state and federal laws; and WHEREAS, the City on May 6, 2026 issued a Request for Proposal (RFP 26- 129) to solicit new CEQA/NEPA environmental services proposals from professional firms. At the conclusion of the proposal period (3 weeks), the City received 15 proposals from various firms; and
WHEREAS, following a detailed review by the City’s selection committee, there was consensus based on the RFP ranking system that the following five (5) firms should be awarded a professional services agreement to assist the Planning Department with “on-call” CEQA/NEPA environmental services: Albert Webb & Associates, PlaceWorks, Inc., Kimley Horn, Michael Baker International, and EPD Solutions, Inc.; and WHEREAS, on August 25, 2026, the City Council held a public meeting to consider the proposals and agreements from the five (5) “on-call” CEQA/NEPA environmental services firms.

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

SECTION 1. Council Action
The City Council hereby approves the following f irms to be added to the City’s current “on-call” CEQA/NEPA short list for a period of three (3) years to August 25, 2029 with the option of two, one-year extensions ending on August 25, 2031:
1) Albert Webb & Associates;
2) PlaceWorks, Inc.,
3) Kimley Horn;
4) Michael Baker International; and
5) EPD Solutions, Inc.
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Page 3 of 5 ends

SECTION 2. The City Council herby authorizes the City Manager to make nonsubstantive changes to the Professional Services Agreements and to execute the Agreements with the Selected Firms on behalf of the City Council.

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

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

PASSED, APPROVED AND ADOPTED this 25th day of August, 2026.

Richard Royce, Mayor
City of Banning
ATTEST:

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

Phaedra Norton, City Attorney
Slovak, Baron, Empey, Murphy &
Pinkney, LLP
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Page 4 of 5 ends

CERTIFICATION:

I, Sandra B. Calderon, Administrative City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2026-106, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 25th day of August, 2026 by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Sandra B. Calderon, Deputy City Clerk
City of Banning, California
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Page 5 of 5 ends

ATTACHMENT 2
RFP-26-129 [CEQA-NEPA Services]
(Under Separate Cover)
ATTACHMENT 3 – 7
Draft Agreements / Firm’s Proposals
(Under Separate Cover)
636
ATTACHMENT 1
CEQA/NEPA Services RFP
637

REQUEST FOR PROPOSAL
RFP-26-129 EXPANDING ON-CALL CEQA/NEPA SERVICES
RFP-26-129

CITY OF BANNING, CA
http://www.banningca.gov
RELEASE DATE: May 6, 2026
DEADLINE FOR QUESTIONS: May 13, 2026
RESPONSE DEADLINE: May 27, 2026, 4:00 pm
RESPONSES MAY BE SUBMITTED ELECTRONICALLY TO:
https://secure.procurenow.com/portal/banning-ca
638
City of Banning

REQUEST FOR PROPOSAL
RFP-26-129 EXPANDING ON-CALL CEQA/NEPA SERVICES
I. Notice ........................................................................................

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

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

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

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

VI. Submission Instructions And Inquiries......................................

VII. Evaluation Criteria.....................................................................

VIII. Resulting Contract.....................................................................

IX. Terms And Conditions...............................................................

Attachments:

A - AGREEMENT FOR PROFESSIONAL SERVICES - 4-27-26
639
City of Banning

REQUEST FOR PROPOSAL
RFP-26-129 EXPANDING ON-CALL CEQA/NEPA SERVICES
I. Notice

REQUEST FOR PROPOSALS (RFP)
RFP-26-129 EXPANDING ON-CALL CEQA/NEPA SERVICES
Dear Proposers:

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

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

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

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

Further instructions for submitting proposals are explained in this solicitation. Companies are to adhere to all of the submittal instructions and requirements outlined in this solicitation in order to be considered responsive to this request for proposals. 640
City of Banning

REQUEST FOR PROPOSAL
RFP-26-129 EXPANDING ON-CALL CEQA/NEPA SERVICES
II. Introduction
II.A Summary
The City is seeking proposals from qualified professional environmental analysis firms to add to the City’s existing list of on-call firms to work on a variety of California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA), as applicable, compliance assessments for private and public sector projects that are processed by the City, including private development applications and public works projects.

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.

With its motto as the City of Endless Opportunity, the City recently experienced rapid growth that increased the population to more than 31,000, while continuing to see steady interest in new residential, commercial and industrial development. As a result, the City seeks to establish a list of qualified environmental consulting firms to provide on-call, as-needed professional services to assist the City with its analysis, documentation and compliance with CEQA and NEPA laws (as applicable). The City is also interested in assistance with similar professional services for its public works projects as needed.

II.C Contact Information
Ellen Clifford
Purchasing Manager
99 E. Ramsey Street
Banning, CA 92220
Email: [email protected]
Phone: (951) 922-3121
Department:

Purchasing Division
641
City of Banning

REQUEST FOR PROPOSAL
RFP-26-129 EXPANDING ON-CALL CEQA/NEPA SERVICES
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 6, 2026
Question Submission Deadline May 13, 2026, 4:00pm
Proposal Submission Deadline May 27, 2026, 4:00pm
Interviews, If needed, will be schedule
during the evaluation period. During the
week of:

June 1, 2026
Anticipated Vendor Selection Date June 8, 2026
City Council Meeting Date to Approve
Consultant Contracts(s) (tentative)
June 23, 2026
642
City of Banning

REQUEST FOR PROPOSAL
RFP-26-129 EXPANDING ON-CALL CEQA/NEPA SERVICES
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 OpenGov Registration
Have created an account on OpenGov. Companies can register at:
https://procurement.opengov.com/portal/banning-ca
Once registered, Companies must download this solicitation in order to appear on the Bidder’s List as a “Prospective Bidder.” Companies that fail to specifically download this solicitation will not appear on the Bidders’ List and will be unable to participate or be considered for this RFP.

III.C 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.D Department of Industrial Relations Registration
If applicable, Company shall have registered with the Department of Industrial Relations and any other required organizations.
643
City of Banning

REQUEST FOR PROPOSAL
RFP-26-129 EXPANDING ON-CALL CEQA/NEPA SERVICES
IV. Scope of Work
IV.A GENERAL DESCRIPTION
The City anticipates that projects will involve mostly private development applications ranging from large-scale residential developments, commercial development and industrial business parks. The City seeks firms capable of preparing Initial Studies, Negative Declarations, Mitigated Negative Declarations, Draft and Final Environmental Impact Reports (including responses to comment letters, Findings of Fact, Statement of Overriding Consideration, Mitigation Monitoring and Reporting Programs, Technical Studies), and Addendum of a previously adopted EIR, in accordance with CEQA requirements, as well as peer review services of these documents as needed. In addition, the City may require mitigation monitoring services to verify compliance with adopted mitigation measures for approved projects.

Firms must have thorough knowledge of current CEQA and NEPA regulations for projects involving distribution of Federal Funds or requiring approval/authorization/coordination by/with a Federal Agency. All impacts including multi-species habitat, air quality, traffic, water quality, noise, greenhouse gas emissions, archeology and regional impacts must be thoroughly assessed and quantified and innovative, creative mitigation proposed. Full consideration of sustainability principles relevant to California and the Banning Pass Area shall be employed.

Firms shall be expected to assist with noticing and filings. Firms may be required to attend Scoping Meetings, Workshops, Planning Commission, and City Council meetings to answer questions and defend their work.

The preparation of sound, defensible environmental assessments is the goal, but also critical is the timely completion thereof. The City is looking to find firms that have full technical capabilities to handle the most complex cases, and other firms capable of analyzing less complex projects.

The City exclusively reserves the right to select and assign a successful firm from the RFP process (or firms if desired) for each project as it determines is in the best interest of the City and the specific project. As the projects remain unapproved at this time and will vary in size and scope, there is no guarantee of work nor is there any implied or promised rotation method for project assignments.

IV.B SCOPE OF SERVICES
The SCOPE OF SERVICES and principal responsibilities may include, but are not limited to, the following (all services may or may not be necessary on each project):

All responsibilities of Lead Agency including:

A. Preliminary Review;
B. Preparation of Initial Studies, Environmental Impact Reports, and other CEQA/NEPArelated documents and notices/filings; 644
City of Banning

REQUEST FOR PROPOSAL
RFP-26-129 EXPANDING ON-CALL CEQA/NEPA SERVICES
C. Provide thorough analyses, sound reasoning and careful judgment when determining whether a project causes significant environmental effects; D. Establishing thresholds of Significance; and
E. Making Mandatory Findings of Significance.

Following decision to prepare a Negative Declaration (ND),Mitigated Negative Declaration (MND), or Finding of No Significant Impact (FONSI):

A. Prepare Notice of Intent (NOI) and ND/MND and submit to City for review/approval; B. Circulate NOI to all parties as required by CEQA;
C. Prepare ND/MND and submit to City for review;
D. Review and respond to comments received during the comment period, if deemed necessary;
E. Be available to present at Planning Commission and City Council meetings, if necessary; and
F. Prepare and file Notice of Determination.

Following determination that an Environmental Impact Report (EIR)and/or Environmental Impact Statement (EIS) is required:

A. The EIR/EIS shall meet all the requirements set forth in the California Environmental Quality Act (Public Resources Code 21000 et seq.) and the State CEQA Guidelines (California Code of Regulations, section 15000 et seq.). and NEPA Guidelines.

B. Identified impacts shall be designated as significant, insignificant, etc. pursuant to the criteria of CEQA and the State CEQA Guidelines, and any thresholds or criteria used by the County, City, and NEPA. Indirect or secondary impacts of the project shall also be discussed and mitigation measures recommended.

C. Mitigation measures should be described in detail and should be specific to the project. Two types of mitigation measures should be recommended: measures addressing impacts related to the primary impacts; and measures addressing impacts related to the secondary impacts associated with the proposed project. Mitigation Measures must be reasonable, enforceable, identify party responsible for implementation, and set a timeline or milestone for completion.

D. The alternatives analysis, while mostly a qualified effort, shall make all efforts to use or cite existing applicable detailed information to make for as meaningful a comparison as possible to the proposed project.

It will be the responsibility of the successful firm(s) or consultant(s) to determine the necessary staffing level required to perform the scope of services. The City will NOT provide dedicated workspace or office space, city staff or city resources, printing or copying services, or clerical assistance in the performance of this agreement. The City reserves the right to perform any portion of the scope of work with City personnel and/or by other Consultants. 645
City of Banning

REQUEST FOR PROPOSAL
RFP-26-129 EXPANDING ON-CALL CEQA/NEPA SERVICES
A comprehensive mitigation monitoring and reporting program, pursuant to Public Resources Code Section 2108.6, shall be developed for applicable mitigation measures. The monitoring program shall incorporate both monitoring by the City and reporting by the developer, with subsequent report verification by on-site inspection, if necessary.

The consultant shall be available for a "kick off" meeting and to meet with one or more of the City staff when given advance notice.

The consultant shall anticipate attending two (2) scoping meetings (one before EIR work begins and one during Public Review period), and two (2) public hearings. The consultant shall be prepared to respond to questions, make presentations and/or participate in an advisory capacity during these meetings/hearings.

The format for all text documents, tables, charges, and illustrations shall be 8 1/2" x 11" vertical. If oversize inclusions are necessary, they will be 11" x 17". Document covers for all related documents shall be coordinated so they appear as a "set". As much of the technical information as possible shall be placed in the appendices. Duplication of information of the EIR shall be avoided as much as possible.

All hard copy administrative drafts, drafts, and final documents shall be two-sided, black ink, on white or light recycled stock paper. Electronic versions of the prepared documents should also be included in deliverables.
646
City of Banning

REQUEST FOR PROPOSAL
RFP-26-129 EXPANDING ON-CALL CEQA/NEPA SERVICES
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.
647
City of Banning

REQUEST FOR PROPOSAL
RFP-26-129 EXPANDING ON-CALL CEQA/NEPA SERVICES
 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.
o The Proposal shall identify any litigation, mediation, or arbitration, regarding the performance of any services similar to the Services, in which the Company has been involved in the past five (5) years. If the Services require a license or certification, the Proposal shall include any claims or disciplinary action taken against Company or any of Company’s key personnel within the past five years.

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

D. Disclosure
o Please disclose any and all past or current business and personal relationships with any current Banning elected official, appointed official, City employee, or family 648
City of Banning

REQUEST FOR PROPOSAL
RFP-26-129 EXPANDING ON-CALL CEQA/NEPA SERVICES
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.

Looking for general hourly 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 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 649
City of Banning

REQUEST FOR PROPOSAL
RFP-26-129 EXPANDING ON-CALL CEQA/NEPA SERVICES
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 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.J EX PARTE COMMUNICATIONS CERTIFICATION CONTINUED*
If stated "Yes" above, please explain the circumstances in the following space, or state "None." *Response required
V.K DEBARRED, SUSPENDED, DISQUALIFIED QUESTIONNAIRE*
Has the Company, any officer of the Company, or any employee of the Company who has proprietary interest in the Company, ever been debarred, suspended, disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or safety regulation? 650
City of Banning

REQUEST FOR PROPOSAL
RFP-26-129 EXPANDING ON-CALL CEQA/NEPA SERVICES
☐ Yes
☐ No
*Response required
V.L DEBARRED SUSPENDED DISQUALIFIED QUESTIONNAIRE CONTINUED* If stated "Yes" above, please explain the circumstances in the following space, or state "None." *Response required
V.M DISCLOSURE OF GOVERNMENT POSITIONS*
Each Bidder shall disclose below whether any owner or employee of the firm currently hold positions as elected or appointed officials, directors, officers, or employees of a governmental entity or held such positions in the past twelve months. List below or state "None." *Response required
V.N CERTIFICATION COMPLIANCE*
Please download the below documents, complete, and upload. 651
City of Banning

REQUEST FOR PROPOSAL
RFP-26-129 EXPANDING ON-CALL CEQA/NEPA SERVICES
VI. Submission Instructions And Inquiries
VI.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, OpenGov, before the deadline and according to these specifications herein. Any and all other bidding communications shall only be with Ellen Clifford, Purchasing Manager, at (951) 922-3121 or [email protected].

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.

VI.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. 652
City of Banning

REQUEST FOR PROPOSAL
RFP-26-129 EXPANDING ON-CALL CEQA/NEPA SERVICES
Unauthorized conditions, exemptions, limitations, qualifications, or provisions attached to a Proposal will render it non-responsive and will cause its rejection.

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.

VI.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.

VI.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 653
City of Banning

REQUEST FOR PROPOSAL
RFP-26-129 EXPANDING ON-CALL CEQA/NEPA SERVICES
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.

VI.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.

VI.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.

VI.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.

VI.H Pre-Proposal Meeting
There will be no pre-proposal meeting.
654
City of Banning

REQUEST FOR PROPOSAL
RFP-26-129 EXPANDING ON-CALL CEQA/NEPA SERVICES
VII. 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 Points Based 25
(25% of Total)

2. Pricing Points Based 10
(10% of Total)

3. Experience (Projects of similar size and scope) Points Based 20 (20% of Total)

4. Professional References Points Based 10
(10% of Total)
655
City of Banning

REQUEST FOR PROPOSAL
RFP-26-129 EXPANDING ON-CALL CEQA/NEPA SERVICES

5. Approach and Methodology Points Based 30
(30% of Total)

6. Value Added Services Points Based 5
(5% of Total)
656
City of Banning

REQUEST FOR PROPOSAL
RFP-26-129 EXPANDING ON-CALL CEQA/NEPA SERVICES
VIII. Resulting Contract
VIII.A CONTRACT TERM
The initial term of the Agreement shall last three (3) year from the date of execution with the option to extend for two (2) 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.

VIII.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
VIII.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.
657
City of Banning

REQUEST FOR PROPOSAL
RFP-26-129 EXPANDING ON-CALL CEQA/NEPA SERVICES
VIII.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.
658
City of Banning

REQUEST FOR PROPOSAL
RFP-26-129 EXPANDING ON-CALL CEQA/NEPA SERVICES
IX. Terms And Conditions
IX.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.

IX.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.
659
City of Banning

REQUEST FOR PROPOSAL
RFP-26-129 EXPANDING ON-CALL CEQA/NEPA SERVICES
IX.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.

IX.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.

IX.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.
660
City of Banning

REQUEST FOR PROPOSAL
RFP-26-129 EXPANDING ON-CALL CEQA/NEPA SERVICES
IX.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. 661
City of Banning

REQUEST FOR PROPOSAL
RFP-26-129 EXPANDING ON-CALL CEQA/NEPA SERVICES
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. 662
PS Version 1 Last Reviewed: 3/4/2026
1 AGREEMENT FOR PROFESSIONAL SERVICES (C01279)

BY INDEPENDENT CONTRACTOR

THIS AGREEMENT FOR PROFESSIONAL SERVICES BY INDEPENDENT CONTRACTOR (“Agreement”) is made and effective as of the ____________ by and between the CITY OF BANNING, a California municipal corporation (“City”) whose address is 99 East Ramsey Street, Banning, California 92220, and ALBERT A. WEBB ASSOCIATES, a California Corporation whose address is 3788 McCray Street, Riverside, California 92506 (“Contractor”). City and Contractor are sometimes hereinafter individually referred to as “party” and hereinafter collectively referred to as the “parties.”

RECITALS
This Agreement is entered into on the basis of the following facts, understandings and intentions of the parties to this Agreement:

A. City desires to award agreements to five (5) consultants pursuant to RFP 26-129 for providing the following services: creating an on-call list working with CEQA and NEPA regulations for projects within the City; and
B. Contractor has made a proposal (“Proposal”) to the City to provide such professional services, which Proposal is attached hereto as Exhibit “A” and incorporated herein by this reference; and
C. Contractor agrees to provide such services pursuant to, and in accordance with, the terms and conditions of this Agreement, and represents and warrants to City that Contractor possesses the necessary skills, licenses, certifications, qualifications, personnel and equipment to provide such services.

AGREEMENT
NOW, THEREFORE, in consideration of the foregoing Recitals and mutual covenants contained herein, City and Contractor agree as follows:

1. Term of Agreement. This Agreement is effective as of the date first above written and shall continue until terminated as provided for herein. Notwithstanding anything in this Agreement to the contrary, this Agreement shall automatically terminate after three (3) years unless extended by one of two optional one-year extension by the parties with the approval of the City Council.
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2 2. Services to be Performed. Contractor agrees to provide the services (“Services”) as follows: California Environmental Quality Act (CEQA) or National Environmental Policy Act (NEPA) compliance assessments for both private and public projects in accordance with Exhibit “A”. All Services shall be performed in the manner and according to the timeframe set forth in the Proposal. Contractor designates Stephanie Standerfer as Contractor’s Representative responsible for overseeing the Services provided by Contractor (“Contractor’s Representative”). City designates the City Manager, or his or her designee, to act as the Project Manager (“Project Manager”) in connection with the delivery of Services under this Agreement. Contractor shall supply, at its sole expense, all equipment, tools, materials, and supplies necessary to perform Services. In the event that the Proposal contains terms that are in addition to or in conflict with this Agreement, other than the price for Services, such terms shall not be valid and shall be of no force or effect.

3. Associates and Subcontractors. Contractor may, at Contractor’s sole cost and expense, employ such competent and qualified independent associates, subcontractors and consultants as Contractor deems necessary to perform the Services; provided, however, that Contractor shall not subcontract any of the Services without the prior written consent of City.

Contractor shall ensure that all subcontractors comply with the requirements of this Agreement, including, but not limited to, insurance, indemnification, and licensing requirements.

4. Compensation.

4.01 Subject to any limitations set forth in this Agreement, as full compensation for Services satisfactorily rendered, City shall pay Consultant at the hourly rates set forth in the “Schedule of Compensation” attached hereto as Exhibit C and incorporated herein by this reference. This Agreement does not establish a not-to-exceed Contract Sum for Consultant; instead, compensation shall be limited only by (i) the hourly rates in Exhibit C, (ii) the availability of funds within the City’s annual budget allocated for all contractors awarded under RFP 26-129, and (iii) written task orders or authorizations issued by the City. All Services must be authorized in advance in writing by the City. Coordination of the performance of the Services with City is a critical component of the Services. If Consultant is required to attend additional meetings to facilitate such coordination, Consultant shall not be entitled to any additional compensation for attending those meetings.

4.01.1 City’s Annual Budget Limitation and Budget-Exhaustion Notice.

A. Annual Budget Limitation. The Parties acknowledge and agree that the Consultant is one of five (5) firms awarded a contract pursuant to RFP 26-129 for On-Call CEQA/NEPA Services. The City established a general fund that collects deposits from developers that are assigned to a project, so no City funds are used to pay for these services. These funds will 664
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3 be used as payments to the Consultant for services under this Agreement and is subject to the availability of funds within this shared general budget. Payment to Consultant for services under this Agreement is subject to the availability of funds within this annual shared budget.

B. No Guarantee of Work or Allocation. Consultant understands and agrees that the City does not guarantee the Consultant any minimum amount of work or compensation under this Agreement. The City has sole discretion to distribute work among the five awarded firms, and the total compensation shall not exceed the total annual budget identified above.

C. Notice of Budget Exhaustion. The City shall provide written notice to Consultant in the event the annual Citywide budget for On-Call CEQA/NEPA Services is exhausted. Upon the Consultant’s receipt of such notice, the City shall have no obligation to issue new task orders, authorize additional services, or make payment for any services performed after the date of such notice, unless and until additional funds are appropriated by the City in accordance with applicable law.

D. For clarity, nothing in this Agreement shall be construed as an appropriation or commitment by the City to expend the entire annual budget described in Section 4.01.1, nor as a guarantee that any portion of such budget will be used for Services under this Agreement.

4.02 Contractor shall not be compensated for any Services rendered nor reimbursed for any expenses incurred in excess of those authorized unless approved in advance by the City, in writing.

4.03 Contractor shall submit to City, on or before the fifteenth (15th) of each month, itemized invoices for the Services rendered in the previous month. The City shall not be obligated to pay any invoice that is submitted more than sixty (60) days after the due date of such invoice. City shall have the right to review and audit all invoices prior to or after payment to Contractor. This review and audit may include, but not be limited to City’s:
a. Determination that any hourly fee charged is consistent with this Agreement's approved hourly rate schedule;
b. Verification that the hours billed, when multiplied by the approved hourly rates, result in the correct total;
c. Determination that each item charged is the usual, customary, and reasonable charge for the particular item. If City determines an item charged is greater than usual, customary, or reasonable, or is duplicative, ambiguous, excessive, or inappropriate, City shall 665
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4 either return the bill to Contractor with a request for explanation or adjust the payment accordingly and give notice to Contractor of the adjustment.

4.04 If the work is satisfactorily completed, City shall pay such invoice within thirty (30) days of its receipt. Should City dispute any portion of any invoice, City shall pay the undisputed portion within the time stated above, and at the same time advise Contractor in writing of the disputed portion.

5. Obligations of Contractor.

5.01 Contractor agrees to perform all Services in accordance with the terms and conditions of this Agreement and the Proposal. In the event that the terms of the Proposal shall conflict with the terms of this Agreement or contain additional terms that purport to bind the City other than the Services to be rendered and the hourly rate for the Services, the terms of this Agreement shall govern and said additional or conflicting terms shall be of no force or effect.

5.02 Except as otherwise agreed by the parties, Contractor will supply all personnel, materials and equipment required to perform the Services. Contractor shall provide its own offices, telephones, vehicles and computers. Contractor will determine the method, details, and means of performing the Services under this Agreement.

5.03 Contractor shall keep City informed as to the progress of the Services by means of regular and frequent consultations. Additionally, when requested by City, Contractor shall prepare written status reports.

5.04 Contractor is responsible for paying, when due, all income and other taxes, fees, and withholding, including withholding state and federal taxes, social security, unemployment and worker’s compensation, incurred as a result of the compensation paid under this Agreement. Contractor agrees to indemnify, defend, and hold harmless City for any claims, costs, losses, fees, penalties, interest, or damages suffered by City resulting from Contractor’s failure to comply with this provision.

5.05 In the event Contractor is required to prepare plans, drawings, specifications and/or estimates, the same shall be furnished in conformance with local, state and federal laws, rules and regulations.

5.06 Contractor represents that it possesses all required licenses necessary or applicable to the performance of Services under this Agreement and the Proposal and shall obtain and keep in full force and effect all permits and approvals required to perform the Services herein. 666
PS Version 1 Last Reviewed: 3/4/2026
5 In the event City is required to obtain an approval or permit from another governmental entity, Contractor shall provide all necessary supporting documents to be filed with such entity.

5.07 Contractor shall be solely responsible for obtaining Employment Eligibility Verification information from Contractor’s employees, in compliance with the Immigration Reform and Control Act of 1986, Pub. L. 99-603 (8 U.S.C. 1324a), and shall ensure that Contractor’s employees are eligible to work in the United States.

5.08 In the event that Contractor employs, contracts with, or otherwise utilizes any CalPERS retirees in completing any of the Services performed hereunder, such instances shall be disclosed in advance to the City and shall be subject to the City’s advance written approval.

5.09 Drug-free Workplace Certification. By signing this Agreement, the Contractor hereby certifies under penalty of perjury under the laws of the State of California that the Contractor will comply with the requirements of the Drug-Free Workplace Act of 1990 (Government Code, Section 8350 et seq.) and will provide a drug-free workplace.

5.10 Contractor shall comply with all applicable local, state and federal laws, rules, regulations, entitlements and/or permits applicable to, or governing the Services authorized hereunder including, but not limited to California Department of Industrial Relations (Cal/OSHA) regulations; and the U.S. Department of Transportation Omnibus Transportation Employee Testing Act, related to their scope of work and operations. In case of conflict, the most stringent shall apply.

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

5.12 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 conditions, circumstances, 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 there existing, prior to commencement of Services hereunder. Should the Contractor discover any latent or unknown conditions, which will materially affect the performance of the Services hereunder, Contractor shall immediately inform the City of such facts and shall not proceed except at Contractor’s sole risk until written instructions are received from the Project Manager. 667
PS Version 1 Last Reviewed: 3/4/2026
6 Contractor warrants all Services under the Agreement to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Agreement or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the Services, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the Services or non-conformance of the Services to the Agreement, commence and prosecute with due diligence all Services necessary to fulfill the terms of the warranty at Contractor’s sole cost and expense. Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the Services (or work of other contractors) damaged by Contractor’s defective Services or which becomes damaged in the course of repairing or replacing defective Services. For any Services so corrected, Contractor’s obligation hereunder to correct defective Services shall be reinstated for an additional one-year period, commencing with the date of acceptance of such corrected Services. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of Contractor.

In the event that Contractor fails to fulfil its obligations under this Section, or under any other warranty or guaranty under this Agreement, to the satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming Services and any work damaged by such services or the replacement or correction thereof at Contractor’s sole expense. Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.

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

5.13 Time is of the essence in the performance of this Agreement.

6. Insurance. Contractor hereby agrees to be solely responsible for the health and safety of its employees and agents in performing the Services under this Agreement and shall comply with all laws applicable to worker safety including but not limited to Cal-OSHA.

Therefore, throughout the duration of this Agreement, Contractor hereby covenants and agrees to maintain insurance in conformance with the requirements set forth below. Attached hereto as Exhibit “B” are copies of Certificates of Insurance and endorsements as required by Section 7.02.

If existing coverage does not meet the requirements set forth herein, Contractor agrees to amend, supplement or endorse the existing coverage to do so. Contractor shall provide the following types and amounts of insurance:

6.01 Commercial general liability insurance in an amount of not less than $1,000,000 per occurrence and $2,000,000 in the aggregate; Contractor agrees to have its insurer 668
PS Version 1 Last Reviewed: 3/4/2026
7 endorse the general liability coverage required herein to include as additional insured’s City, its officials, employees and agents. Contractor also agrees to require all contractors and subcontractors to provide the same coverage required under this Section 6.

6.02 Business Auto Coverage in an amount no less than $1 million per accident.

If Contractor or Contractor’s employees will use personal autos in performance of the Services hereunder, Contractor shall provide evidence of personal auto liability coverage for each such person.

6.03 Workers’ Compensation insurance for any of Contractor’s employees that will be providing any Services hereunder. Contractor will have a state-approved policy form providing statutory benefits as required by California law. The provisions of any Workers’ Compensation insurance will not limit the obligations of Contractor under this Agreement.

Contractor expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents. Sole proprietors with no employees, LLCs, or partnerships using the services of members or partners who do not carry Workers’ Compensation insurance acknowledge that they are not subject to the Workers’ Compensation Act of the State of California and agree to complete a signed workers compensation exemption form.

6.04 Optional Insurance Coverage. Choose and check one: Required _X_ /Not Required __; Errors and omissions insurance in a minimum amount of $2 million per occurrence to cover any negligent acts or omissions committed by Contractor, its employees and/or agents in the performance of any Services for City.

6.05 Cyber Liability Insurance REQUIRED IF CHECKED HERE ONLY [___] (Technology Professional Liability – Errors and Omissions), with limits not less than $2,000,000 per occurrence or claim, and $2,000,000 aggregate or the full per occurrence limits of the policies available, whichever is greater. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Contractor in this Agreement and shall include, but not be limited to, claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion and network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations. Contractor will file with City, before beginning professional services, certificates of insurance (Acord Form 25 or equivalent) satisfactory to City evidencing.

6.06 If Claims Made Policies (applies only to professional liability and cyber liability policies):
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8 i. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.
ii. Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. iii. If coverage is canceled or non-renewed and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of the contract work.

7. General Conditions pertaining to Insurance Coverage.

7.01 No liability insurance coverage provided shall prohibit Contractor from waiving the right of subrogation prior to a loss. Contractor waives all rights of subrogation against City regardless of the applicability of insurance proceeds and shall require all contractors and subcontractors to do the same.

7.02 Prior to beginning the Services under this Agreement, Contractor shall furnish City with certificates of insurance, endorsements, and upon request, complete copies of all policies, including complete copies of all endorsements. All copies of policies and endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf.

7.03 All required policies shall be issued by a highly rated insurer with a minimum A.M. Best rating of “A-VII”. The insurer(s) shall be admitted and licensed to do business in California. The certificates of insurance hereunder shall state that coverage shall not be suspended, voided, canceled by either party, or reduced in coverage or in limits, except after thirty (30) days' prior written notice has been given to CITY.

7.04 Self-insurance does not comply with these insurance specifications.

Contractor acknowledges and agrees that that all insurance coverage required to be provided by Contractor or any subcontractor, shall apply first and on a primary, non-contributing basis in relation to any other insurance, indemnity or self-insurance available to City.

7.05 All coverage types and limits required are subject to approval, modification and additional requirements by City, as the need arises. Contractor shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City’s protection without City’s prior written consent. 670
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9 7.06 Contractor agrees to provide immediate notice to City of any claim or loss against Contractor or arising out of the Services performed under this Agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City.

7.07 The coverage shall contain no special limitations on the scope of protection afforded to City, its directors, officers, employees, or authorized volunteers. If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

8. Indemnification.

Contractor’s obligation to defend, indemnify, and hold harmless shall include any and all claims, suits, and proceedings in which Contractor (and/or Contractor’s agents and/or employees) is alleged to be an employee of City. All obligations under this provision are to be paid by Contractor as they are incurred by City.
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10 as set forth above for liability attributable solely to the fault of City, provided such fault is determined by agreement between the parties or the findings of a court of competent jurisdiction. 8A Indemnification Design Professionals. In the event that Contractor is a design professional under California Civil Code Section 2782.8 this Section 8A shall apply instead of Section 8. To the fullest extent permitted by California law and in accordance with California Civil Code section 2782.8, Contractor shall defend, indemnify, and hold harmless the City, its officers, employees, trustees and members (“Indemnified Parties”) from any and all actions, assessments, counts, citations, claims, costs, damages, demands, judgments, liabilities (legal, administrative or otherwise), losses, notices, expenses, fines, penalties, proceedings, responsibilities, violations, attorney’s and consultants’ fees and causes of action including, but not limited to those for, injury to property or persons, including personal injury and/or death (“Claim(s)”), to the extent that the Claim(s) arises out of, pertains to, or relates to the negligence, recklessness, or willful misconduct of Contractor, its directors, officials, officers, employees and consultants arising out of, connected with, or resulting from the performance of the Services, the Project, or this Agreement. This indemnity excludes liability caused by the negligence or willful misconduct of any of the Indemnified Parties. The cost to indemnify, hold harmless, and defend charged to Contractor shall not exceed Contractor’s proportionate percentage of fault.

9. Additional Services, Changes and Deletions.

9.01. In the event Contractor performs additional or different services than those described herein without the prior written approval of the City Manager and/or City Council of City, Contractor shall not be compensated for such services. Contractor expressly waives any right to be compensated for services and materials not covered by the scope of this Agreement or authorized by the City in writing.

9.02 Contractor shall promptly advise the City Manager and Finance Director of City as soon as reasonably practicable upon gaining knowledge of a condition, event or accumulation of events which may affect the scope and/or cost of Services. All proposed changes, modifications, deletions and/or requests for additional services shall be reduced to writing for review and approval by the City and/or City Council.

10. Termination of Agreement.

10.01. Notwithstanding any other provision of this Agreement, City, at its sole option, may terminate this Agreement with or without cause, or for no cause, at any time by giving twenty (20) days’ written notice to Contractor.
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11 10.02 In the event of termination, the payment of monies due Contractor for undisputed Services performed prior to the effective date of such termination shall be paid within thirty (30) business days after receipt of an invoice as provided in this Agreement. Immediately upon termination, Contractor agrees to promptly provide and deliver to City all original documents, reports, studies, plans, specifications and the like which are in the possession or control of Contractor and pertain to City.

11. Status of Contractor.

11.01 Contractor shall perform the Services in Contractor’s own way as an independent contractor, and in pursuit of Contractor’s independent calling, and not as an employee of City. However, Contractor shall regularly confer with City’s City Manager or Project Manager as provided for in this Agreement.

11.02 Contractor agrees that it is not entitled to the rights and benefits afforded to City’s employees, including disability or unemployment insurance, Workers’ Compensation, retirement, CalPERS, medical insurance, sick leave, or any other employment benefit. Contractor is responsible for providing, at its own expense, disability, unemployment, Workers’ Compensation and other insurance, training, permits, and licenses for itself and its employees and subcontractors.

11.03 Contractor hereby specifically represents and warrants to City that it possesses the qualifications and skills necessary to perform the Services under this Agreement in a competent, professional manner, without the advice or direction of City and that the Services to be rendered pursuant to this Agreement shall be performed in accordance with the standards customarily applicable to an experienced and competent professional rendering the same or similar services in the same geographic area where the City is located. Further, Contractor represents and warrants that the individual signing this Agreement on behalf of Contractor has the full authority to bind Contractor to this Agreement.

12. Ownership of Documents; Audit.

12.01 All draft and final reports, plans, drawings, studies, maps, photographs, specifications, data, notes, manuals, warranties, and all other documents of any kind or nature prepared, developed, or obtained by Contractor in connection with the performance of Services performed for the City shall become the sole property of City, and Contractor shall promptly deliver all such materials to City upon request. At the City’s sole discretion, Contractor may be permitted to retain original documents, and furnish reproductions to City upon request, at no cost to City.
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12 12.02 Subject to applicable federal and state laws, rules and regulations, City shall hold all intellectual property rights to any materials developed pursuant to this Agreement.

Contractor shall not use such data or documents for purposes other than the performance of this Agreement, nor shall Contractor release, reproduce, distribute, publish, adapt for future use or any other purposes, or otherwise use, any data or other materials first produced in the performance of this Agreement, nor authorize others to do so, without the prior written consent of City.

12.03 Contractor shall retain and maintain, for a period not less than four years following termination of this Agreement, all-time records, accounting records and vouchers and all other records with respect to all matters concerning Services performed, compensation paid and expenses reimbursed. At any time during normal business hours and as often as City may deem necessary, Contractor shall make available to City’s agents for examination all of such records and shall permit City’s agents to audit, examine and reproduce such records.

12.04 Contractor acknowledges that the City is a California municipal corporation and is subject to the California Public Records Act, Government Code § 7920.000 et seq. (“CPRA”), and other applicable laws requiring public access to records. Contractor further acknowledges and agrees that any and all documents, records, data, writings, communications, materials, and other information of any kind, in any format (including electronic format), that Contractor (or any associate, subcontractor, consultant, or agent of Contractor) prepares, develops, obtains, provides, transmits, or submits to the City, or that are otherwise received or maintained by the City, in connection with this Agreement or the Services may constitute public records and may be subject to disclosure to third parties in response to a CPRA request, unless the City determines that all or a portion of the Submitted Materials are exempt from disclosure under the CPRA or other applicable law.

13. Miscellaneous Provisions.

13.01 This Agreement, which includes all attached exhibits, supersedes any and all previous agreements, either oral or written, between the parties hereto with respect to the rendering of Services by Contractor for City and contains all of the covenants and agreements between the parties with respect to the rendering of such Services in any manner whatsoever. Any modification of this Agreement will be effective only if it is in writing signed by both parties.

13.02 Contractor shall not assign or otherwise transfer any rights or interest in this Agreement without the prior written consent of City. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement.
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13 13.03 Contractor shall timely file FPPC Form 700 Conflict of Interest Statements with City if required by California law and/or the City’s conflict of interest policy.

13.04 If any legal action or proceeding, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party will be entitled to reasonable attorneys’ fees and costs, in addition to any other relief to which that party may be entitled.

13.05 This Agreement is made, entered into and shall be performed in the County of Riverside in the State of California and shall in all respects be interpreted, enforced and governed under the laws of the State of California. The parties agree that venue in any litigation between them shall be in Riverside County, California.

13.06 Contractor covenants that neither it nor any officer or principal of its firm has any interest, nor shall they acquire any interest, either directly or indirectly, which will conflict in any manner or degree with the performance of their Services hereunder. Contractor further covenants that in the performance of this Agreement, no person having such interest shall be employed by it as an officer, employee, agent, or subcontractor.

13.07 Contractor has read and is aware of the provisions of Section 1090 et seq. and Section 87100 et seq. of the Government Code relating to conflicts of interest of public officers and employees. Contractor agrees that they are unaware of any financial or economic interest of any public officer or employee of the City relating to this Agreement. It is further understood and agreed that if such a financial interest does exist at the inception of this Agreement, the City may immediately terminate this Agreement by giving notice thereof. Contractor shall comply with the requirements of Government Code section 87100 et seq. and section 1090 in the performance of and during the term of this Agreement.

13.08 Improper Consideration. Contractor shall not offer (either directly or through an intermediary) any improper consideration such as, but not limited to, cash, discounts, services, the provision of travel or entertainment, or any items of value to any officer, employee or agent of the City in an attempt to secure favorable treatment regarding this Agreement or any contract awarded by City. The City, by notice, may immediately terminate this Agreement if it determines that any improper consideration as described in the preceding sentence was offered to any officer, employee or agent of the City with respect to the proposal and award process of this Agreement or any City contract. This prohibition shall apply to any amendment, extension or evaluation process once this Agreement or any City contract has been awarded. Contractor shall immediately report any attempt by any City officer, employee or agent to solicit (either directly or through an intermediary) improper consideration from Contractor. 675
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14 13.09 Severability. If any portion, section, sentence, provision or paragraph of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the entire balance of this Agreement not so affected shall remain in full force and effect.

13.10 Prevailing Wages. Contractor shall be responsible to comply with applicable prevailing wages laws. As a condition of payment, if applicable Contractor shall show proof of payment of wages under applicable state and federal laws and regulations relating to prevailing wages in accordance with the “General Wage Determination Made By the Director of Industrial Relations Pursuant To California Labor Code, Part 7, Chapter 1, Article 2, Sections 1770, 1773, 1773.1, 1773.5, and 1773.9”, for Riverside County and/or 40 U.S.C. Section 276a, et. seq.

Such wage rates shall conform with those posted at City offices and the project site. In the event that the Contractor fails to pay the prevailing wages, the Contractor shall be solely liable for penalties and for the shortfall in wages and shall indemnify, defend and hold harmless City under Section 8.01 against any of the same. The following Labor Code sections are hereby referenced and made a part of this Agreement:

1. Section 1771 - Requirement to Pay Prevailing Wages

2. Section 1773.1 – Per Diem Wages; Travel and Subsistence Pay.

3. Section 1774 – Payment of Prevailing Wage Rates.

4. Section 1775 - Penalty for Failure to Comply with Prevailing Wage Rates.

5. Section 1776 – Payroll Records and Certified Payroll Reports.

6. Section 1777.5 - Apprenticeship Requirements.

7. Sections 1810 and 1811 - Working Hour Restrictions.

8. Section 1813 - Penalty for Failure to Pay Overtime.

13.11 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, marital status, national origin, or ancestry in the performance of this Agreement. Contractor shall take affirmative action to ensure that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin or ancestry.

13.12 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.

13.13 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.

13.14 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 purpose of this Agreement.

13.15 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.

13.16 Force Majeure. Neither party shall be deemed in default of this Agreement to the extent that performance of its obligations is delayed or prevented by causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, riots, fires, floods, epidemics, pandemics, earthquakes, strikes, labor disputes, governmental orders, or failure of utilities. The affected party shall promptly notify the other party in writing of the occurrence of such event and shall use reasonable efforts to resume performance as soon as practicable. Force majeure shall not excuse the obligation to make payments when due. In no event shall force majeure entitle Contractor to additional compensation, but only to a reasonable extension of time.

13.17 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 reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified neither party shall be responsible for the service of the other.

13.18 The parties acknowledge and agree that this Agreement may be executed by electronic signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature. The parties expressly adopt and confirm each electronic signature made by a party to this Agreement, regardless of whether delivered in person, by mail, courier, facsimile, email, or in portable document format (PDF), as if the same 677
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16 were manually signed and delivered in person. Each party agrees not to assert that any electronic signature is inadequate to bind such party to the same extent as if signed manually and delivered in person.

13.19 The provisions of this Agreement that by their nature are intended to survive the expiration or termination of this Agreement shall survive such expiration or termination.

Without limiting the foregoing, the provisions relating to indemnification, ownership of documents and intellectual property, audit and records retention, insurance obligations, confidentiality, and payment obligations shall survive the termination or expiration of this Agreement.

13.20 Notice. Any notice, demand, request, consent, approval, or other communication required or permitted to be given under this Agreement (“Notice”) shall be in writing and shall be deemed to have been duly given if delivered personally, sent by nationally recognized overnight courier, sent by certified or registered mail (return receipt requested), or sent by electronic mail, addressed as follows:

To City:

City of Banning
Attn: City Manager
99 East Ramsey Street
Banning, California 92220
Email: [email protected]
To Contractor:

Albert A Webb Associates
Attn Stephanie Standerfer, Vice President
3788 McCray Street
Riverside, California 92506
Email: [email protected]
Notices shall be deemed received as follows: (i) on the date of delivery if delivered personally; (ii) one (1) business day after deposit with a nationally recognized overnight courier; (iii) three (3) business days after deposit in the United States mail, postage prepaid; or (iv) on the date transmitted if sent by electronic mail during normal business hours of the receiving party, or on the next business day if sent after normal business hours. Either party may change its address for Notice by providing written Notice of such change to the other party in accordance with this Section.
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17 13.21 This Agreement may be executed in any number of counterparts, each of which when executed and delivered shall be deemed to be an original, and all of which counterparts taken together shall constitute one and the same instrument for all purposes of this Agreement.

13.22 The recitals set forth in the preamble of this Agreement are hereby incorporated into and made a substantive part of this Agreement as if fully set forth herein. [SIGNATURES ON FOLLOWING PAGE]
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18 IN WITNESS WHEREOF, the parties hereby have made and executed this Agreement to be effective as of the day and year first above written.

CITY: CONTRACTOR:

CITY OF BANNING ALBERT A. WEBB ASSOCIATES
By:_______________________ By:_______________________
Elizabeth Gibbs, City Manager Print
Name: ____________________
Date: ______________________
Date: _____________________
ATTEST:

By: ______________________
Sandra Calderon, Deputy City Clerk
Date: __________________
APPROVED AS TO FORM:

By: ______________________
John O. Pinkney, City Attorney
Date: __________________
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19 EXHIBIT “A”

PROPOSAL
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29 EXHIBIT “B”

CERTIFICATES OF INSURANCE
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30 EXHIBIT C

SCHEDULE OF COMPENSATION
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1 AGREEMENT FOR PROFESSIONAL SERVICES (C01280)

BY INDEPENDENT CONTRACTOR

THIS AGREEMENT FOR PROFESSIONAL SERVICES BY INDEPENDENT CONTRACTOR (“Agreement”) is made and effective as of the ____________ by and between the CITY OF BANNING, a California municipal corporation (“City”) whose address is 99 East Ramsey Street, Banning, California 92220, and ENVIRONMENT PLANNING DEVELOPMENT SOLUTIONS, INC., a California corporation whose address is 3333 Michelson Drive, Suite 500, Irvine, California 92612 (“Contractor”). City and Contractor are sometimes hereinafter individually referred to as “party” and hereinafter collectively referred to as the “parties.”

RECITALS
This Agreement is entered into on the basis of the following facts, understandings and intentions of the parties to this Agreement:

AGREEMENT
NOW, THEREFORE, in consideration of the foregoing Recitals and mutual covenants contained herein, City and Contractor agree as follows:

1. Term of Agreement. This Agreement is effective as of the date first above written and shall continue until terminated as provided for herein. Notwithstanding anything in this Agreement to the contrary, this Agreement shall automatically terminate after three (3) years unless extended by one of two optional one-year extension by the parties with the approval of the City Council.
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2 2. Services to be Performed. Contractor agrees to provide the services (“Services”) as follows: California Environmental Quality Act (CEQA) or National Environmental Policy Act (NEPA) compliance assessments for both private and public projects in accordance with Exhibit “A”. All Services shall be performed in the manner and according to the timeframe set forth in the Proposal. Contractor designates Konnie Dobreva, JD as Contractor’s Representative responsible for overseeing the Services provided by Contractor (“Contractor’s Representative”). City designates the City Manager, or his or her designee, to act as the Project Manager (“Project Manager”) in connection with the delivery of Services under this Agreement. Contractor shall supply, at its sole expense, all equipment, tools, materials, and supplies necessary to perform Services. In the event that the Proposal contains terms that are in addition to or in conflict with this Agreement, other than the price for Services, such terms shall not be valid and shall be of no force or effect.

Contractor shall ensure that all subcontractors comply with the requirements of this Agreement, including, but not limited to, insurance, indemnification, and licensing requirements.

4. Compensation.

4.01.1 City’s Annual Budget Limitation and Budget-Exhaustion Notice.

A. Annual Budget Limitation. The Parties acknowledge and agree that the Consultant is one of five (5) firms awarded a contract pursuant to RFP 26-129 for On-Call CEQA/NEPA Services. The City established a general fund that collects deposits from developers that are assigned to a project, so no City funds are used to pay for these services. These funds will 694
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3 be used as payments to the Consultant for services under this Agreement and is subject to the availability of funds within this shared general budget. Payment to Consultant for services under this Agreement is subject to the availability of funds within this annual shared budget.

4.02 Contractor shall not be compensated for any Services rendered nor reimbursed for any expenses incurred in excess of those authorized unless approved in advance by the City, in writing.

4.03 Contractor shall submit to City, on or before the fifteenth (15th) of each month, itemized invoices for the Services rendered in the previous month. The City shall not be obligated to pay any invoice that is submitted more than sixty (60) days after the due date of such invoice. City shall have the right to review and audit all invoices prior to or after payment to Contractor. This review and audit may include, but not be limited to City’s:
a. Determination that any hourly fee charged is consistent with this Agreement's approved hourly rate schedule;
b. Verification that the hours billed, when multiplied by the approved hourly rates, result in the correct total;
c. Determination that each item charged is the usual, customary, and reasonable charge for the particular item. If City determines an item charged is greater than usual, customary, or reasonable, or is duplicative, ambiguous, excessive, or inappropriate, City shall 695
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4 either return the bill to Contractor with a request for explanation or adjust the payment accordingly and give notice to Contractor of the adjustment.

5. Obligations of Contractor.

5.06 Contractor represents that it possesses all required licenses necessary or applicable to the performance of Services under this Agreement and the Proposal and shall obtain and keep in full force and effect all permits and approvals required to perform the Services herein. 696
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5 In the event City is required to obtain an approval or permit from another governmental entity, Contractor shall provide all necessary supporting documents to be filed with such entity.

5.12 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 conditions, circumstances, 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 there existing, prior to commencement of Services hereunder. Should the Contractor discover any latent or unknown conditions, which will materially affect the performance of the Services hereunder, Contractor shall immediately inform the City of such facts and shall not proceed except at Contractor’s sole risk until written instructions are received from the Project Manager. 697
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6 Contractor warrants all Services under the Agreement to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Agreement or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the Services, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the Services or non-conformance of the Services to the Agreement, commence and prosecute with due diligence all Services necessary to fulfill the terms of the warranty at Contractor’s sole cost and expense. Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the Services (or work of other contractors) damaged by Contractor’s defective Services or which becomes damaged in the course of repairing or replacing defective Services. For any Services so corrected, Contractor’s obligation hereunder to correct defective Services shall be reinstated for an additional one-year period, commencing with the date of acceptance of such corrected Services. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of Contractor.

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

5.13 Time is of the essence in the performance of this Agreement.

6.01 Commercial general liability insurance in an amount of not less than $1,000,000 per occurrence and $2,000,000 in the aggregate; Contractor agrees to have its insurer 698
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7 endorse the general liability coverage required herein to include as additional insured’s City, its officials, employees and agents. Contractor also agrees to require all contractors and subcontractors to provide the same coverage required under this Section 6.

6.02 Business Auto Coverage in an amount no less than $1 million per accident.

If Contractor or Contractor’s employees will use personal autos in performance of the Services hereunder, Contractor shall provide evidence of personal auto liability coverage for each such person.

6.06 If Claims Made Policies (applies only to professional liability and cyber liability policies):
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8 i. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.
ii. Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. iii. If coverage is canceled or non-renewed and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of the contract work.

7. General Conditions pertaining to Insurance Coverage.

7.04 Self-insurance does not comply with these insurance specifications.

7.05 All coverage types and limits required are subject to approval, modification and additional requirements by City, as the need arises. Contractor shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City’s protection without City’s prior written consent. 700
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9 7.06 Contractor agrees to provide immediate notice to City of any claim or loss against Contractor or arising out of the Services performed under this Agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City.

8. Indemnification.

Contractor’s obligation to defend, indemnify, and hold harmless shall include any and all claims, suits, and proceedings in which Contractor (and/or Contractor’s agents and/or employees) is alleged to be an employee of City. All obligations under this provision are to be paid by Contractor as they are incurred by City.
b. Without affecting the rights of City under any provision of this Agreement or this Section, Contractor shall not be required to indemnify and hold harmless City 701
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10 as set forth above for liability attributable solely to the fault of City, provided such fault is determined by agreement between the parties or the findings of a court of competent jurisdiction. 8A Indemnification Design Professionals. In the event that Contractor is a design professional under California Civil Code Section 2782.8 this Section 8A shall apply instead of Section 8. To the fullest extent permitted by California law and in accordance with California Civil Code section 2782.8, Contractor shall defend, indemnify, and hold harmless the City, its officers, employees, trustees and members (“Indemnified Parties”) from any and all actions, assessments, counts, citations, claims, costs, damages, demands, judgments, liabilities (legal, administrative or otherwise), losses, notices, expenses, fines, penalties, proceedings, responsibilities, violations, attorney’s and consultants’ fees and causes of action including, but not limited to those for, injury to property or persons, including personal injury and/or death (“Claim(s)”), to the extent that the Claim(s) arises out of, pertains to, or relates to the negligence, recklessness, or willful misconduct of Contractor, its directors, officials, officers, employees and consultants arising out of, connected with, or resulting from the performance of the Services, the Project, or this Agreement. This indemnity excludes liability caused by the negligence or willful misconduct of any of the Indemnified Parties. The cost to indemnify, hold harmless, and defend charged to Contractor shall not exceed Contractor’s proportionate percentage of fault.

9. Additional Services, Changes and Deletions.

10. Termination of Agreement.

10.01. Notwithstanding any other provision of this Agreement, City, at its sole option, may terminate this Agreement with or without cause, or for no cause, at any time by giving twenty (20) days’ written notice to Contractor.
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11 10.02 In the event of termination, the payment of monies due Contractor for undisputed Services performed prior to the effective date of such termination shall be paid within thirty (30) business days after receipt of an invoice as provided in this Agreement. Immediately upon termination, Contractor agrees to promptly provide and deliver to City all original documents, reports, studies, plans, specifications and the like which are in the possession or control of Contractor and pertain to City.

11. Status of Contractor.

12. Ownership of Documents; Audit.

12.01 All draft and final reports, plans, drawings, studies, maps, photographs, specifications, data, notes, manuals, warranties, and all other documents of any kind or nature prepared, developed, or obtained by Contractor in connection with the performance of Services performed for the City shall become the sole property of City, and Contractor shall promptly deliver all such materials to City upon request. At the City’s sole discretion, Contractor may be permitted to retain original documents, and furnish reproductions to City upon request, at no cost to City.
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12 12.02 Subject to applicable federal and state laws, rules and regulations, City shall hold all intellectual property rights to any materials developed pursuant to this Agreement.

13. Miscellaneous Provisions.

13.02 Contractor shall not assign or otherwise transfer any rights or interest in this Agreement without the prior written consent of City. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement.
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13 13.03 Contractor shall timely file FPPC Form 700 Conflict of Interest Statements with City if required by California law and/or the City’s conflict of interest policy.

13.08 Improper Consideration. Contractor shall not offer (either directly or through an intermediary) any improper consideration such as, but not limited to, cash, discounts, services, the provision of travel or entertainment, or any items of value to any officer, employee or agent of the City in an attempt to secure favorable treatment regarding this Agreement or any contract awarded by City. The City, by notice, may immediately terminate this Agreement if it determines that any improper consideration as described in the preceding sentence was offered to any officer, employee or agent of the City with respect to the proposal and award process of this Agreement or any City contract. This prohibition shall apply to any amendment, extension or evaluation process once this Agreement or any City contract has been awarded. Contractor shall immediately report any attempt by any City officer, employee or agent to solicit (either directly or through an intermediary) improper consideration from Contractor. 705
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14 13.09 Severability. If any portion, section, sentence, provision or paragraph of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the entire balance of this Agreement not so affected shall remain in full force and effect.

1. Section 1771 - Requirement to Pay Prevailing Wages

2. Section 1773.1 – Per Diem Wages; Travel and Subsistence Pay.

3. Section 1774 – Payment of Prevailing Wage Rates.

4. Section 1775 - Penalty for Failure to Comply with Prevailing Wage Rates.

5. Section 1776 – Payroll Records and Certified Payroll Reports.

6. Section 1777.5 - Apprenticeship Requirements.

7. Sections 1810 and 1811 - Working Hour Restrictions.

8. Section 1813 - Penalty for Failure to Pay Overtime.

13.12 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.

13.18 The parties acknowledge and agree that this Agreement may be executed by electronic signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature. The parties expressly adopt and confirm each electronic signature made by a party to this Agreement, regardless of whether delivered in person, by mail, courier, facsimile, email, or in portable document format (PDF), as if the same 707
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16 were manually signed and delivered in person. Each party agrees not to assert that any electronic signature is inadequate to bind such party to the same extent as if signed manually and delivered in person.

13.19 The provisions of this Agreement that by their nature are intended to survive the expiration or termination of this Agreement shall survive such expiration or termination.

To City:

City of Banning
Attn: City Manager
99 East Ramsey Street
Banning, California 92220
Email: [email protected]
To Contractor:

Environment Planning Development Solutions, Inc. dba EPD Solutions, Inc.

Attn: Konnie Dobreva
3333 Michelson Drive, Suite 500
Irvine, California 92612
Email: [email protected]
Notices shall be deemed received as follows: (i) on the date of delivery if delivered personally; (ii) one (1) business day after deposit with a nationally recognized overnight courier; (iii) three (3) business days after deposit in the United States mail, postage prepaid; or (iv) on the date transmitted if sent by electronic mail during normal business hours of the receiving party, or on the next business day if sent after normal business hours. Either party may change its address for Notice by providing written Notice of such change to the other party in accordance with this Section.
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17 13.21 This Agreement may be executed in any number of counterparts, each of which when executed and delivered shall be deemed to be an original, and all of which counterparts taken together shall constitute one and the same instrument for all purposes of this Agreement.

13.22 The recitals set forth in the preamble of this Agreement are hereby incorporated into and made a substantive part of this Agreement as if fully set forth herein. [SIGNATURES ON FOLLOWING PAGE]
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18 IN WITNESS WHEREOF, the parties hereby have made and executed this Agreement to be effective as of the day and year first above written.

CITY: CONTRACTOR:

CITY OF BANNING ENVIRONMENT PLANNING
DEVELOPMENT SOLUTIONS dba EPD
SOLUTIONS, INC.

By:_______________________ By:_______________________
Elizabeth Gibbs, City Manager Print
Name: ____________________
Date: ______________________
Date: _____________________
ATTEST:

By: ______________________
Sandra Calderon, Deputy City Clerk
Date: __________________
APPROVED AS TO FORM:

By: ______________________
John O. Pinkney, City Attorney
Date: __________________
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19 EXHIBIT “A”

PROPOSAL
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20 712
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21 713
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22 714
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23 715
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24 716
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25 717
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26 718
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27 719
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28 720
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29 721
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30 EXHIBIT “B”

CERTIFICATES OF INSURANCE
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31 EXHIBIT C

SCHEDULE OF COMPENSATION
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32 724
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33 725
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1 AGREEMENT FOR PROFESSIONAL SERVICES (C01281)

BY INDEPENDENT CONTRACTOR

THIS AGREEMENT FOR PROFESSIONAL SERVICES BY INDEPENDENT CONTRACTOR (“Agreement”) is made and effective as of the ____________ by and between the CITY OF BANNING, a California municipal corporation (“City”) whose address is 99 East Ramsey Street, Banning, California 92220, and KIMLEY-HORN AND ASSOCIATES, INC., a North Carolina corporation whose address is 421 Fayetteville Street, Suite 600, Raleigh, North Carolina 27601 (“Contractor”). City and Contractor are sometimes hereinafter individually referred to as “party” and hereinafter collectively referred to as the “parties.”

RECITALS
This Agreement is entered into on the basis of the following facts, understandings and intentions of the parties to this Agreement:

AGREEMENT
NOW, THEREFORE, in consideration of the foregoing Recitals and mutual covenants contained herein, City and Contractor agree as follows:

1. Term of Agreement. This Agreement is effective as of the date first above written and shall continue until terminated as provided for herein. Notwithstanding anything in this Agreement to the contrary, this Agreement shall automatically terminate after three (3) years unless extended by one of two optional one-year extension by the parties with the approval of the City Council.
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2 2. Services to be Performed. Contractor agrees to provide the services (“Services”) as follows: California Environmental Quality Act (CEQA) or National Environmental Policy Act (NEPA) compliance assessments for both private and public projects in accordance with Exhibit “A”. All Services shall be performed in the manner and according to the timeframe set forth in the Proposal. Contractor designates Kevin Thomas, CEP as Contractor’s Representative responsible for overseeing the Services provided by Contractor (“Contractor’s Representative”). City designates the City Manager, or his or her designee, to act as the Project Manager (“Project Manager”) in connection with the delivery of Services under this Agreement. Contractor shall supply, at its sole expense, all equipment, tools, materials, and supplies necessary to perform Services. In the event that the Proposal contains terms that are in addition to or in conflict with this Agreement, other than the price for Services, such terms shall not be valid and shall be of no force or effect.

Contractor shall ensure that all subcontractors comply with the requirements of this Agreement, including, but not limited to, insurance, indemnification, and licensing requirements.

4. Compensation.

4.01.1 City’s Annual Budget Limitation and Budget-Exhaustion Notice.

A. Annual Budget Limitation. The Parties acknowledge and agree that the Consultant is one of five (5) firms awarded a contract pursuant to RFP 26-129 for On-Call CEQA/NEPA Services. The City established a general fund that collects deposits from developers that are assigned to a project, so no City funds are used to pay for these services. These funds will 727
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3 be used as payments to the Consultant for services under this Agreement and is subject to the availability of funds within this shared general budget. Payment to Consultant for services under this Agreement is subject to the availability of funds within this annual shared budget.

4.02 Contractor shall not be compensated for any Services rendered nor reimbursed for any expenses incurred in excess of those authorized unless approved in advance by the City, in writing.

4.03 Contractor shall submit to City, on or before the fifteenth (15th) of each month, itemized invoices for the Services rendered in the previous month. The City shall not be obligated to pay any invoice that is submitted more than sixty (60) days after the due date of such invoice. City shall have the right to review and audit all invoices prior to or after payment to Contractor. This review and audit may include, but not be limited to City’s:
a. Determination that any hourly fee charged is consistent with this Agreement's approved hourly rate schedule;
b. Verification that the hours billed, when multiplied by the approved hourly rates, result in the correct total;
c. Determination that each item charged is the usual, customary, and reasonable charge for the particular item. If City determines an item charged is greater than usual, customary, or reasonable, or is duplicative, ambiguous, excessive, or inappropriate, City shall 728
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4 either return the bill to Contractor with a request for explanation or adjust the payment accordingly and give notice to Contractor of the adjustment.

5. Obligations of Contractor.

5.06 Contractor represents that it possesses all required licenses necessary or applicable to the performance of Services under this Agreement and the Proposal and shall obtain and keep in full force and effect all permits and approvals required to perform the Services herein. 729
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5 In the event City is required to obtain an approval or permit from another governmental entity, Contractor shall provide all necessary supporting documents to be filed with such entity.

5.12 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 conditions, circumstances, 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 there existing, prior to commencement of Services hereunder. Should the Contractor discover any latent or unknown conditions, which will materially affect the performance of the Services hereunder, Contractor shall immediately inform the City of such facts and shall not proceed except at Contractor’s sole risk until written instructions are received from the Project Manager. 730
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6 Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Agreement or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the Services, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the Services or non-conformance of the Services to the Agreement, commence and prosecute with due diligence all Services necessary to fulfill the terms of the warranty at Contractor’s sole cost and expense. Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the Services (or work of other contractors) damaged by Contractor’s defective Services or which becomes damaged in the course of repairing or replacing defective Services. For any Services so corrected, Contractor’s obligation hereunder to correct defective Services shall be reinstated for an additional one-year period, commencing with the date of acceptance of such corrected Services.

All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of Contractor.

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

5.13 Time is of the essence in the performance of this Agreement.

6.01 Commercial general liability insurance in an amount of not less than $1,000,000 per occurrence and $2,000,000 in the aggregate; Contractor agrees to have its insurer endorse the general liability coverage required herein to include as additional insured’s City, its 731
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7 officials, employees and agents. Contractor also agrees to require all contractors and subcontractors to provide the same coverage required under this Section 6.

6.02 Business Auto Coverage in an amount no less than $1 million per accident.

If Contractor or Contractor’s employees will use personal autos in performance of the Services hereunder, Contractor shall provide evidence of personal auto liability coverage for each such person.

6.06 If Claims Made Policies (applies only to professional liability and cyber liability policies):
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8 i. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.
ii. Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. iii. If coverage is canceled or non-renewed and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of the contract work.

7. General Conditions pertaining to Insurance Coverage.

7.04 Self-insurance does not comply with these insurance specifications.

7.05 All coverage types and limits required are subject to approval, modification and additional requirements by City, as the need arises. Contractor shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City’s protection without City’s prior written consent. 733
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9 7.06 Contractor agrees to provide immediate notice to City of any claim or loss against Contractor or arising out of the Services performed under this Agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City.

8. Indemnification.

8.01 Contractor and City agree that City, its employees, agents and officials should, to the extent permitted by law, be fully protected from any loss, injury, damage, claim, lawsuit, cost, expense, attorneys’ fees, litigation costs, defense costs, court costs or any other costs to the extent arising out of or in any way related to the negligent performance of this Agreement by Contractor or any subcontractor or agent of either as set forth herein. Accordingly, the provisions of this indemnity are intended by the parties to be interpreted and construed to provide the fullest protection possible under the law to City. Contractor acknowledges that City would not enter into this Agreement in the absence of the commitment of Contractor to defend, indemnify, and protect City as set forth herein.
a. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold harmless City, its employees, agents and officials, from and against any liability, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, injuries, expenses, damages or costs of any kind, actual attorneys’ fees incurred by City, court costs, interest, defense costs, including expert witness fees and any other costs or expenses of any kind whatsoever without restriction or limitation incurred in relation to, to the extent arising out of, to the negligent performance of this Agreement. Contractor’s obligation to defend, indemnify, and hold harmless shall include any and all claims, suits, and proceedings in which Contractor (and/or Contractor’s agents and/or employees) is alleged to be an employee of City. All obligations under this provision are to be paid by Contractor as they are incurred by City. b. Without affecting the rights of City under any provision of this Agreement or this Section, Contractor shall not be required to indemnify and hold harmless City as set forth above for liability attributable solely to the fault of City, provided such fault is determined by agreement between the parties or the findings of a court of competent jurisdiction. 734
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10 8A Indemnification Design Professionals. In the event that Contractor is a design professional under California Civil Code Section 2782.8 this Section 8A shall apply instead of Section 8. To the fullest extent permitted by California law and in accordance with California Civil Code section 2782.8, Contractor shall defend, indemnify, and hold harmless the City, its officers, employees, trustees and members (“Indemnified Parties”) from any and all actions, assessments, counts, citations, claims, costs, damages, demands, judgments, liabilities (legal, administrative or otherwise), losses, notices, expenses, fines, penalties, proceedings, responsibilities, violations, attorney’s and consultants’ fees and causes of action including, but not limited to those for, injury to property or persons, including personal injury and/or death (“Claim(s)”), to the extent that the Claim(s) arises out of, pertains to, or relates to the negligence, recklessness, or willful misconduct of Contractor, its directors, officials, officers, employees and consultants arising out of, connected with, or resulting from the performance of the Services, the Project, or this Agreement. This indemnity excludes liability caused by the negligence or willful misconduct of any of the Indemnified Parties. The cost to indemnify, hold harmless, and defend charged to Contractor shall not exceed Contractor’s proportionate percentage of fault.

9. Additional Services, Changes and Deletions.

10. Termination of Agreement.

10.02 In the event of termination, the payment of monies due Contractor for undisputed Services performed prior to the effective date of such termination shall be paid within thirty (30) business days after receipt of an invoice as provided in this Agreement. Immediately upon termination, Contractor agrees to promptly provide and deliver to City all original 735
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11 documents, reports, studies, plans, specifications and the like which are in the possession or control of Contractor and pertain to City.

11. Status of Contractor.

12. Ownership of Documents; Audit.

12.02 Subject to applicable federal and state laws, rules and regulations, City shall hold all intellectual property rights to any materials developed pursuant to this Agreement.

Contractor shall not use such data or documents for purposes other than the performance of this Agreement, nor shall Contractor release, reproduce, distribute, publish, adapt for future use or any 736
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12 other purposes, or otherwise use, any data or other materials first produced in the performance of this Agreement, nor authorize others to do so, without the prior written consent of City.

13. Miscellaneous Provisions.

13.03 Contractor shall timely file FPPC Form 700 Conflict of Interest Statements with City if required by California law and/or the City’s conflict of interest policy.

13.04 If any legal action or proceeding, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party will be 737
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13 entitled to reasonable attorneys’ fees and costs, in addition to any other relief to which that party may be entitled.

13.09 Severability. If any portion, section, sentence, provision or paragraph of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the entire balance of this Agreement not so affected shall remain in full force and effect.
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14 13.10 Prevailing Wages. Contractor shall be responsible to comply with applicable prevailing wages laws. As a condition of payment, if applicable Contractor shall show proof of payment of wages under applicable state and federal laws and regulations relating to prevailing wages in accordance with the “General Wage Determination Made By the Director of Industrial Relations Pursuant To California Labor Code, Part 7, Chapter 1, Article 2, Sections 1770, 1773, 1773.1, 1773.5, and 1773.9”, for Riverside County and/or 40 U.S.C. Section 276a, et. seq.

1. Section 1771 - Requirement to Pay Prevailing Wages

2. Section 1773.1 – Per Diem Wages; Travel and Subsistence Pay.

3. Section 1774 – Payment of Prevailing Wage Rates.

4. Section 1775 - Penalty for Failure to Comply with Prevailing Wage Rates.

5. Section 1776 – Payroll Records and Certified Payroll Reports.

6. Section 1777.5 - Apprenticeship Requirements.

7. Sections 1810 and 1811 - Working Hour Restrictions.

8. Section 1813 - Penalty for Failure to Pay Overtime.

13.12 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 work or 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. 739
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15 13.13 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.

13.18 The parties acknowledge and agree that this Agreement may be executed by electronic signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature. The parties expressly adopt and confirm each electronic signature made by a party to this Agreement, regardless of whether delivered in person, by mail, courier, facsimile, email, or in portable document format (PDF), as if the same were manually signed and delivered in person. Each party agrees not to assert that any electronic signature is inadequate to bind such party to the same extent as if signed manually and delivered in person.
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16 13.19 The provisions of this Agreement that by their nature are intended to survive the expiration or termination of this Agreement shall survive such expiration or termination.

To City:

City of Banning
Attn: City Manager
99 East Ramsey Street
Banning, California 92220
Email: [email protected]
To Contractor:

Kimley-Horn and Associates, Inc.

Attn: Kevin Thomas, CEP
3801 University Avenue, Suite 300
Riverside, California 92501
Email: [email protected]
Notices shall be deemed received as follows: (i) on the date of delivery if delivered personally; (ii) one (1) business day after deposit with a nationally recognized overnight courier; (iii) three (3) business days after deposit in the United States mail, postage prepaid; or (iv) on the date transmitted if sent by electronic mail during normal business hours of the receiving party, or on the next business day if sent after normal business hours. Either party may change its address for Notice by providing written Notice of such change to the other party in accordance with this Section.

13.21 This Agreement may be executed in any number of counterparts, each of which when executed and delivered shall be deemed to be an original, and all of which counterparts taken together shall constitute one and the same instrument for all purposes of this Agreement.

13.22 The recitals set forth in the preamble of this Agreement are hereby incorporated into and made a substantive part of this Agreement as if fully set forth herein. 741
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17 [SIGNATURES ON FOLLOWING PAGE]
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18 IN WITNESS WHEREOF, the parties hereby have made and executed this Agreement to be effective as of the day and year first above written.

CITY: CONTRACTOR:

CITY OF BANNING KIMLEY-HORN AND ASSOCIATES, INC.

By:_______________________ By:_______________________
Elizabeth Gibbs, City Manager Print
Name: ____________________
Date: ______________________
Date: _____________________
ATTEST:

By: ______________________
Sandra Calderon, Deputy City Clerk
Date: __________________
APPROVED AS TO FORM:

By: ______________________
John O. Pinkney, City Attorney
Date: __________________
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19 EXHIBIT “A”

PROPOSAL
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20 745
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21 746
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22 747
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23 748
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24 749
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25 750
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26 751
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27 EXHIBIT “B”

CERTIFICATES OF INSURANCE
752
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28 EXHIBIT C

SCHEDULE OF COMPENSATION
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1 AGREEMENT FOR PROFESSIONAL SERVICES (C01282)

BY INDEPENDENT CONTRACTOR

THIS AGREEMENT FOR PROFESSIONAL SERVICES BY INDEPENDENT CONTRACTOR (“Agreement”) is made and effective as of the ____________ by and between the CITY OF BANNING, a California municipal corporation (“City”) whose address is 99 East Ramsey Street, Banning, California 92220, and MICHAEL BAKER INTERNATIONAL, INC., a Pennsylvania corporation whose address is 100 Airside Drive, Moon Township, Pennsylvania, 15108 (“Contractor”). City and Contractor are sometimes hereinafter individually referred to as “party” and hereinafter collectively referred to as the “parties.”

RECITALS
This Agreement is entered into on the basis of the following facts, understandings and intentions of the parties to this Agreement:

AGREEMENT
NOW, THEREFORE, in consideration of the foregoing Recitals and mutual covenants contained herein, City and Contractor agree as follows:

1. Term of Agreement. This Agreement is effective as of the date first above written and shall continue until terminated as provided for herein. Notwithstanding anything in this Agreement to the contrary, this Agreement shall automatically terminate after three (3) years unless extended by one of two optional one-year extension by the parties with the approval of the City Council.
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2 2. Services to be Performed. Contractor agrees to provide the services (“Services”) as follows: California Environmental Quality Act (CEQA) or National Environmental Policy Act (NEPA) compliance assessments for both private and public projects in accordance with Exhibit “A”. All Services shall be performed in the manner and according to the timeframe set forth in the Proposal. Contractor designates Elizabeth Meyerhoff as Contractor’s Representative responsible for overseeing the Services provided by Contractor (“Contractor’s Representative”). City designates the City Manager, or his or her designee, to act as the Project Manager (“Project Manager”) in connection with the delivery of Services under this Agreement. Contractor shall supply, at its sole expense, all equipment, tools, materials, and supplies necessary to perform Services. In the event that the Proposal contains terms that are in addition to or in conflict with this Agreement, other than the price for Services, such terms shall not be valid and shall be of no force or effect.

Contractor shall ensure that all subcontractors comply with the requirements of this Agreement, including, but not limited to, insurance, indemnification, and licensing requirements.

4. Compensation.

4.01.1 City’s Annual Budget Limitation and Budget-Exhaustion Notice.

A. Annual Budget Limitation. The Parties acknowledge and agree that the Consultant is one of five (5) firms awarded a contract pursuant to RFP 26-129 for On-Call CEQA/NEPA Services. The City established a general fund that collects deposits from developers that are assigned to a project, so no City funds are used to pay for these services. These funds will 755
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3 be used as payments to the Consultant for services under this Agreement and is subject to the availability of funds within this shared general budget. Payment to Consultant for services under this Agreement is subject to the availability of funds within this annual shared budget.

4.02 Contractor shall not be compensated for any Services rendered nor reimbursed for any expenses incurred in excess of those authorized unless approved in advance by the City, in writing.

4.03 Contractor shall submit to City, on or before the fifteenth (15th) of each month, itemized invoices for the Services rendered in the previous month. The City shall not be obligated to pay any invoice that is submitted more than sixty (60) days after the due date of such invoice. City shall have the right to review and audit all invoices prior to or after payment to Contractor. This review and audit may include, but not be limited to City’s:
a. Determination that any hourly fee charged is consistent with this Agreement's approved hourly rate schedule;
b. Verification that the hours billed, when multiplied by the approved hourly rates, result in the correct total;
c. Determination that each item charged is the usual, customary, and reasonable charge for the particular item. If City determines an item charged is greater than usual, customary, or reasonable, or is duplicative, ambiguous, excessive, or inappropriate, City shall 756
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4 either return the bill to Contractor with a request for explanation or adjust the payment accordingly and give notice to Contractor of the adjustment.

5. Obligations of Contractor.

5.06 Contractor represents that it possesses all required licenses necessary or applicable to the performance of Services under this Agreement and the Proposal and shall obtain and keep in full force and effect all permits and approvals required to perform the Services herein. 757
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5 In the event City is required to obtain an approval or permit from another governmental entity, Contractor shall provide all necessary supporting documents to be filed with such entity.

5.12 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 conditions, circumstances, 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 there existing, prior to commencement of Services hereunder. Should the Contractor discover any latent or unknown conditions, which will materially affect the performance of the Services hereunder, Contractor shall immediately inform the City of such facts and shall not proceed except at Contractor’s sole risk until written instructions are received from the Project Manager. 758
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6 Contractor warrants all Services under the Agreement to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Agreement or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the Services, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the Services or non-conformance of the Services to the Agreement, commence and prosecute with due diligence all Services necessary to fulfill the terms of the warranty at Contractor’s sole cost and expense. Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the Services (or work of other contractors) damaged by Contractor’s defective Services or which becomes damaged in the course of repairing or replacing defective Services. For any Services so corrected, Contractor’s obligation hereunder to correct defective Services shall be reinstated for an additional one-year period, commencing with the date of acceptance of such corrected Services. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of Contractor.

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

5.13 Time is of the essence in the performance of this Agreement.

6.01 Commercial general liability insurance in an amount of not less than $1,000,000 per occurrence and $2,000,000 in the aggregate; Contractor agrees to have its insurer 759
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7 endorse the general liability coverage required herein to include as additional insured’s City, its officials, employees and agents. Contractor also agrees to require all contractors and subcontractors to provide the same coverage required under this Section 6.

6.02 Business Auto Coverage in an amount no less than $1 million per accident.

If Contractor or Contractor’s employees will use personal autos in performance of the Services hereunder, Contractor shall provide evidence of personal auto liability coverage for each such person.

6.06 If Claims Made Policies (applies only to professional liability and cyber liability policies):
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8 i. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.
ii. Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. iii. If coverage is canceled or non-renewed and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of the contract work.

7. General Conditions pertaining to Insurance Coverage.

7.04 Self-insurance does not comply with these insurance specifications.

7.05 All coverage types and limits required are subject to approval, modification and additional requirements by City, as the need arises. Contractor shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City’s protection without City’s prior written consent. 761
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9 7.06 Contractor agrees to provide immediate notice to City of any claim or loss against Contractor or arising out of the Services performed under this Agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City.

8. Indemnification.

Contractor’s obligation to defend, indemnify, and hold harmless shall include any and all claims, suits, and proceedings in which Contractor (and/or Contractor’s agents and/or employees) is alleged to be an employee of City. All obligations under this provision are to be paid by Contractor as they are incurred by City.
b. Without affecting the rights of City under any provision of this Agreement or this Section, Contractor shall not be required to indemnify and hold harmless City 762
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10 as set forth above for liability attributable solely to the fault of City, provided such fault is determined by agreement between the parties or the findings of a court of competent jurisdiction. 8A Indemnification Design Professionals. In the event that Contractor is a design professional under California Civil Code Section 2782.8 this Section 8A shall apply instead of Section 8. To the fullest extent permitted by California law and in accordance with California Civil Code section 2782.8, Contractor shall defend, indemnify, and hold harmless the City, its officers, employees, trustees and members (“Indemnified Parties”) from any and all actions, assessments, counts, citations, claims, costs, damages, demands, judgments, liabilities (legal, administrative or otherwise), losses, notices, expenses, fines, penalties, proceedings, responsibilities, violations, attorney’s and consultants’ fees and causes of action including, but not limited to those for, injury to property or persons, including personal injury and/or death (“Claim(s)”), to the extent that the Claim(s) arises out of, pertains to, or relates to the negligence, recklessness, or willful misconduct of Contractor, its directors, officials, officers, employees and consultants arising out of, connected with, or resulting from the performance of the Services, the Project, or this Agreement. This indemnity excludes liability caused by the negligence or willful misconduct of any of the Indemnified Parties. The cost to indemnify, hold harmless, and defend charged to Contractor shall not exceed Contractor’s proportionate percentage of fault.

9. Additional Services, Changes and Deletions.

10. Termination of Agreement.

10.01. Notwithstanding any other provision of this Agreement, City, at its sole option, may terminate this Agreement with or without cause, or for no cause, at any time by giving twenty (20) days’ written notice to Contractor.
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11 10.02 In the event of termination, the payment of monies due Contractor for undisputed Services performed prior to the effective date of such termination shall be paid within thirty (30) business days after receipt of an invoice as provided in this Agreement. Immediately upon termination, Contractor agrees to promptly provide and deliver to City all original documents, reports, studies, plans, specifications and the like which are in the possession or control of Contractor and pertain to City.

11. Status of Contractor.

12. Ownership of Documents; Audit.

12.01 All draft and final reports, plans, drawings, studies, maps, photographs, specifications, data, notes, manuals, warranties, and all other documents of any kind or nature prepared, developed, or obtained by Contractor in connection with the performance of Services performed for the City shall become the sole property of City, and Contractor shall promptly deliver all such materials to City upon request. At the City’s sole discretion, Contractor may be permitted to retain original documents, and furnish reproductions to City upon request, at no cost to City.
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12 12.02 Subject to applicable federal and state laws, rules and regulations, City shall hold all intellectual property rights to any materials developed pursuant to this Agreement.

13. Miscellaneous Provisions.

13.02 Contractor shall not assign or otherwise transfer any rights or interest in this Agreement without the prior written consent of City. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement.
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13 13.03 Contractor shall timely file FPPC Form 700 Conflict of Interest Statements with City if required by California law and/or the City’s conflict of interest policy.

13.08 Improper Consideration. Contractor shall not offer (either directly or through an intermediary) any improper consideration such as, but not limited to, cash, discounts, services, the provision of travel or entertainment, or any items of value to any officer, employee or agent of the City in an attempt to secure favorable treatment regarding this Agreement or any contract awarded by City. The City, by notice, may immediately terminate this Agreement if it determines that any improper consideration as described in the preceding sentence was offered to any officer, employee or agent of the City with respect to the proposal and award process of this Agreement or any City contract. This prohibition shall apply to any amendment, extension or evaluation process once this Agreement or any City contract has been awarded. Contractor shall immediately report any attempt by any City officer, employee or agent to solicit (either directly or through an intermediary) improper consideration from Contractor. 766
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14 13.09 Severability. If any portion, section, sentence, provision or paragraph of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the entire balance of this Agreement not so affected shall remain in full force and effect.

1. Section 1771 - Requirement to Pay Prevailing Wages

2. Section 1773.1 – Per Diem Wages; Travel and Subsistence Pay.

3. Section 1774 – Payment of Prevailing Wage Rates.

4. Section 1775 - Penalty for Failure to Comply with Prevailing Wage Rates.

5. Section 1776 – Payroll Records and Certified Payroll Reports.

6. Section 1777.5 - Apprenticeship Requirements.

7. Sections 1810 and 1811 - Working Hour Restrictions.

8. Section 1813 - Penalty for Failure to Pay Overtime.

13.12 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.

13.18 The parties acknowledge and agree that this Agreement may be executed by electronic signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature. The parties expressly adopt and confirm each electronic signature made by a party to this Agreement, regardless of whether delivered in person, by mail, courier, facsimile, email, or in portable document format (PDF), as if the same 768
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16 were manually signed and delivered in person. Each party agrees not to assert that any electronic signature is inadequate to bind such party to the same extent as if signed manually and delivered in person.

13.19 The provisions of this Agreement that by their nature are intended to survive the expiration or termination of this Agreement shall survive such expiration or termination.

To City:

City of Banning
Attn: City Manager
99 East Ramsey Street
Banning, California 92220
Email: [email protected]
To Contractor:

Michael Baker International Inc.

Attn: Elizabeth Meyerhoff
75-410 Gerald Ford Drive, Suite 100
Palm Desert, California 92211
Email: [email protected]
Notices shall be deemed received as follows: (i) on the date of delivery if delivered personally; (ii) one (1) business day after deposit with a nationally recognized overnight courier; (iii) three (3) business days after deposit in the United States mail, postage prepaid; or (iv) on the date transmitted if sent by electronic mail during normal business hours of the receiving party, or on the next business day if sent after normal business hours. Either party may change its address for Notice by providing written Notice of such change to the other party in accordance with this Section.
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17 13.21 This Agreement may be executed in any number of counterparts, each of which when executed and delivered shall be deemed to be an original, and all of which counterparts taken together shall constitute one and the same instrument for all purposes of this Agreement.

13.22 The recitals set forth in the preamble of this Agreement are hereby incorporated into and made a substantive part of this Agreement as if fully set forth herein. [SIGNATURES ON FOLLOWING PAGE]
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18 IN WITNESS WHEREOF, the parties hereby have made and executed this Agreement to be effective as of the day and year first above written.

CITY: CONTRACTOR:

CITY OF BANNING MICHAEL BAKER INTERNATIONAL,
INC.

By:_______________________ By:_______________________
Elizabeth Gibbs, City Manager Print
Name: ____________________
Date: ______________________
Date: _____________________
ATTEST:

By: ______________________
Sandra Calderon, Deputy City Clerk
Date: __________________
APPROVED AS TO FORM:

By: ______________________
John O. Pinkney, City Attorney
Date: __________________
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19 EXHIBIT “A”

PROPOSAL
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20 773
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21 774
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22 775
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23 776
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24 777
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25 778
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26 EXHIBIT “B”

CERTIFICATES OF INSURANCE
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27 EXHIBIT C

SCHEDULE OF COMPENSATION
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1 AGREEMENT FOR PROFESSIONAL SERVICES (C01283)

BY INDEPENDENT CONTRACTOR

THIS AGREEMENT FOR PROFESSIONAL SERVICES BY INDEPENDENT CONTRACTOR (“Agreement”) is made and effective as of the ____________ by and between the CITY OF BANNING, a California municipal corporation (“City”) whose address is 99 East Ramsey Street, Banning, California 92220, and PLACEWORKS, INC., a California corporation whose address is 3 MacArthur Place, Suite 1100, Santa Ana, California 92707 (“Contractor”). City and Contractor are sometimes hereinafter individually referred to as “party” and hereinafter collectively referred to as the “parties.”

RECITALS
This Agreement is entered into on the basis of the following facts, understandings and intentions of the parties to this Agreement:

AGREEMENT
NOW, THEREFORE, in consideration of the foregoing Recitals and mutual covenants contained herein, City and Contractor agree as follows:

1. Term of Agreement. This Agreement is effective as of the date first above written and shall continue until terminated as provided for herein. Notwithstanding anything in this Agreement to the contrary, this Agreement shall automatically terminate after three (3) years unless extended by one of two optional one-year extension by the parties with the approval of the City Council.
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2 2. Services to be Performed. Contractor agrees to provide the services (“Services”) as follows: California Environmental Quality Act (CEQA) or National Environmental Policy Act (NEPA) compliance assessments for both private and public projects in accordance with Exhibit “A”. All Services shall be performed in the manner and according to the timeframe set forth in the Proposal. Contractor designates Nicole Vermilion as Contractor’s Representative responsible for overseeing the Services provided by Contractor (“Contractor’s Representative”). City designates the City Manager, or his or her designee, to act as the Project Manager (“Project Manager”) in connection with the delivery of Services under this Agreement. Contractor shall supply, at its sole expense, all equipment, tools, materials, and supplies necessary to perform Services. In the event that the Proposal contains terms that are in addition to or in conflict with this Agreement, other than the price for Services, such terms shall not be valid and shall be of no force or effect.

Contractor shall ensure that all subcontractors comply with the requirements of this Agreement, including, but not limited to, insurance, indemnification, and licensing requirements.

4. Compensation.

4.01.1 City’s Annual Budget Limitation and Budget-Exhaustion Notice.

A. Annual Budget Limitation. The Parties acknowledge and agree that the Consultant is one of five (5) firms awarded a contract pursuant to RFP 26-129 for On-Call CEQA/NEPA Services. The City established a general fund that collects deposits from developers that are assigned to a project, so no City funds are used to pay for these services. These funds will be used as payments to the Consultant for services under this Agreement and is subject to the 784
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3 availability of funds within this shared general budget. Payment to Consultant for services under this Agreement is subject to the availability of funds within this annual shared budget.

4.02 Contractor shall not be compensated for any Services rendered nor reimbursed for any expenses incurred in excess of those authorized unless approved in advance by the City, in writing.

4.03 Contractor shall submit to City, on or before the fifteenth (15th) of each month, itemized invoices for the Services rendered in the previous month. The City shall not be obligated to pay any invoice that is submitted more than sixty (60) days after the due date of such invoice. City shall have the right to review and audit all invoices prior to or after payment to Contractor. This review and audit may include, but not be limited to City’s:
a. Determination that any hourly fee charged is consistent with this Agreement's approved hourly rate schedule;
b. Verification that the hours billed, when multiplied by the approved hourly rates, result in the correct total;
c. Determination that each item charged is the usual, customary, and reasonable charge for the particular item. If City determines an item charged is greater than usual, customary, or reasonable, or is duplicative, ambiguous, excessive, or inappropriate, City shall either return the bill to Contractor with a request for explanation or adjust the payment accordingly and give notice to Contractor of the adjustment.
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4 4.04 If the work is satisfactorily completed, City shall pay such invoice within thirty (30) days of its receipt. Should City dispute any portion of any invoice, City shall pay the undisputed portion within the time stated above, and at the same time advise Contractor in writing of the disputed portion.

5. Obligations of Contractor.

In the event City is required to obtain an approval or permit from another governmental entity, Contractor shall provide all necessary supporting documents to be filed with such entity. 786
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5 5.07 Contractor shall be solely responsible for obtaining Employment Eligibility Verification information from Contractor’s employees, in compliance with the Immigration Reform and Control Act of 1986, Pub. L. 99-603 (8 U.S.C. 1324a), and shall ensure that Contractor’s employees are eligible to work in the United States.

Contractor warrants all Services under the Agreement to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Agreement or in any guarantee or warranty provided 787
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6 by any manufacturer or supplier of equipment or materials incorporated into the Services, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the Services or non-conformance of the Services to the Agreement, commence and prosecute with due diligence all Services necessary to fulfill the terms of the warranty at Contractor’s sole cost and expense. Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the Services (or work of other contractors) damaged by Contractor’s defective Services or which becomes damaged in the course of repairing or replacing defective Services. For any Services so corrected, Contractor’s obligation hereunder to correct defective Services shall be reinstated for an additional one-year period, commencing with the date of acceptance of such corrected Services. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of Contractor.

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

5.13 Time is of the essence in the performance of this Agreement.

6.01 Commercial general liability insurance in an amount of not less than $1,000,000 per occurrence and $2,000,000 in the aggregate; Contractor agrees to have its insurer endorse the general liability coverage required herein to include as additional insured’s City, its officials, employees and agents. Contractor also agrees to require all contractors and subcontractors to provide the same coverage required under this Section 6. 788
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7 6.02 Business Auto Coverage in an amount no less than $1 million per accident.

If Contractor or Contractor’s employees will use personal autos in performance of the Services hereunder, Contractor shall provide evidence of personal auto liability coverage for each such person.

6.06 If Claims Made Policies (applies only to professional liability and cyber liability policies):
i. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.
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8 ii. Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. iii. If coverage is canceled or non-renewed and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of the contract work.

7. General Conditions pertaining to Insurance Coverage.

7.04 Self-insurance does not comply with these insurance specifications.

7.06 Contractor agrees to provide immediate notice to City of any claim or loss against Contractor or arising out of the Services performed under this Agreement. City assumes 790
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9 no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City.

8. Indemnification.

Accordingly, the provisions of this indemnity are intended by the parties to be interpreted and construed to provide the fullest protection possible under the law to City. Contractor acknowledges that City would not enter into this Agreement in the absence of the commitment of Contractor to defend, indemnify, and protect City as set forth herein. a. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold harmless City, its employees, agents and officials, from and against any liability, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, injuries, expenses, damages or costs of any kind, whether actual, alleged or threatened, actual attorneys’ fees incurred by City, court costs, interest, defense costs, including expert witness fees and any other costs or expenses of any kind whatsoever without restriction or limitation incurred in relation to, as a consequence of or to the extent arising out of, or in any way attributable actually, allegedly or impliedly, in whole or in part to the willful misconduct or negligent performance of this Agreement. Contractor’s obligation to defend, indemnify, and hold harmless shall include any and all claims, suits, and proceedings in which Contractor (and/or Contractor’s agents and/or employees) is alleged to be an employee of City. All obligations under this provision are to be paid by Contractor as they are incurred by City. b. Without affecting the rights of City under any provision of this Agreement or this Section, Contractor shall not be required to indemnify and hold harmless City as set forth above for liability attributable solely to the fault of City, provided such fault is determined by agreement between the parties or the findings of a court of competent jurisdiction. 791
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10 8A Indemnification Design Professionals. In the event that Contractor is a design professional under California Civil Code Section 2782.8 this Section 8A shall apply instead of Section 8. To the fullest extent permitted by California law and in accordance with California Civil Code section 2782.8, Contractor shall defend, indemnify, and hold harmless the City, its officers, employees, trustees and members (“Indemnified Parties”) from any and all actions, assessments, counts, citations, claims, costs, damages, demands, judgments, liabilities (legal, administrative or otherwise), losses, notices, expenses, fines, penalties, proceedings, responsibilities, violations, attorney’s and consultants’ fees and causes of action including, but not limited to those for, injury to property or persons, including personal injury and/or death (“Claim(s)”), to the extent that the Claim(s) arises out of, pertains to, or relates to the negligence, recklessness, or willful misconduct of Contractor, its directors, officials, officers, employees and consultants arising out of, connected with, or resulting from the performance of the Services, the Project, or this Agreement. This indemnity excludes liability caused by the negligence or willful misconduct of any of the Indemnified Parties. The cost to indemnify, hold harmless, and defend charged to Contractor shall not exceed Contractor’s proportionate percentage of fault.

9. Additional Services, Changes and Deletions.

10. Termination of Agreement.

10.02 In the event of termination, the payment of monies due Contractor for undisputed Services performed prior to the effective date of such termination shall be paid within thirty (30) business days after receipt of an invoice as provided in this Agreement. Immediately upon termination, Contractor agrees to promptly provide and deliver to City all original 792
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11 documents, reports, studies, plans, specifications and the like which are in the possession or control of Contractor and pertain to City.

11. Status of Contractor.

12. Ownership of Documents; Audit.

12.02 Subject to applicable federal and state laws, rules and regulations, City shall hold all intellectual property rights to any materials developed pursuant to this Agreement.

Contractor shall not use such data or documents for purposes other than the performance of this Agreement, nor shall Contractor release, reproduce, distribute, publish, adapt for future use or any 793
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12 other purposes, or otherwise use, any data or other materials first produced in the performance of this Agreement, nor authorize others to do so, without the prior written consent of City.

13. Miscellaneous Provisions.

13.03 Contractor shall timely file FPPC Form 700 Conflict of Interest Statements with City if required by California law and/or the City’s conflict of interest policy.

13.04 If any legal action or proceeding, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party will be 794
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13 entitled to reasonable attorneys’ fees and costs, in addition to any other relief to which that party may be entitled.

13.09 Severability. If any portion, section, sentence, provision or paragraph of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the entire balance of this Agreement not so affected shall remain in full force and effect.
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14 13.10 Prevailing Wages. Contractor shall be responsible to comply with applicable prevailing wages laws. As a condition of payment, if applicable Contractor shall show proof of payment of wages under applicable state and federal laws and regulations relating to prevailing wages in accordance with the “General Wage Determination Made By the Director of Industrial Relations Pursuant To California Labor Code, Part 7, Chapter 1, Article 2, Sections 1770, 1773, 1773.1, 1773.5, and 1773.9”, for Riverside County and/or 40 U.S.C. Section 276a, et. seq.

1. Section 1771 - Requirement to Pay Prevailing Wages

2. Section 1773.1 – Per Diem Wages; Travel and Subsistence Pay.

3. Section 1774 – Payment of Prevailing Wage Rates.

4. Section 1775 - Penalty for Failure to Comply with Prevailing Wage Rates.

5. Section 1776 – Payroll Records and Certified Payroll Reports.

6. Section 1777.5 - Apprenticeship Requirements.

7. Sections 1810 and 1811 - Working Hour Restrictions.

8. Section 1813 - Penalty for Failure to Pay Overtime.

13.12 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 work or 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. 796
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15 13.13 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.

13.18 The parties acknowledge and agree that this Agreement may be executed by electronic signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature. The parties expressly adopt and confirm each electronic signature made by a party to this Agreement, regardless of whether delivered in person, by mail, courier, facsimile, email, or in portable document format (PDF), as if the same were manually signed and delivered in person. Each party agrees not to assert that any electronic signature is inadequate to bind such party to the same extent as if signed manually and delivered in person.
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16 13.19 The provisions of this Agreement that by their nature are intended to survive the expiration or termination of this Agreement shall survive such expiration or termination.

To City:

City of Banning
Attn: City Manager
99 East Ramsey Street
Banning, California 92220
Email: [email protected]
To Contractor:

PlaceWorks, Inc.

Attn: Kara Kosel
3 MacArthur Place, Suite 1100
Santa Ana, California 92707
Email: [email protected]
Notices shall be deemed received as follows: (i) on the date of delivery if delivered personally; (ii) one (1) business day after deposit with a nationally recognized overnight courier; (iii) three (3) business days after deposit in the United States mail, postage prepaid; or (iv) on the date transmitted if sent by electronic mail during normal business hours of the receiving party, or on the next business day if sent after normal business hours. Either party may change its address for Notice by providing written Notice of such change to the other party in accordance with this Section.

13.22 The recitals set forth in the preamble of this Agreement are hereby incorporated into and made a substantive part of this Agreement as if fully set forth herein. 798
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17 [SIGNATURES ON FOLLOWING PAGE]
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18 IN WITNESS WHEREOF, the parties hereby have made and executed this Agreement to be effective as of the day and year first above written.

CITY: CONTRACTOR:

CITY OF BANNING PLACEWORKS, INC.

By:_______________________ By:_______________________
Elizabeth Gibbs, City Manager Print
Name: ____________________
Date: ______________________
Date: _____________________
City Council Approval: ________________
ATTEST:

By: ______________________
Sandra Calderon, Deputy City Clerk
Date: __________________
APPROVED AS TO FORM:

By: ______________________
John O. Pinkney, City Attorney
Date: __________________
800
PS Version 1 Last Reviewed: 3/4/2026
19 EXHIBIT “A”

PROPOSAL
801
PS Version 1 Last Reviewed: 3/4/2026
20 802
PS Version 1 Last Reviewed: 3/4/2026
21 803
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22 804
PS Version 1 Last Reviewed: 3/4/2026
23 805
PS Version 1 Last Reviewed: 3/4/2026
24 806
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25 EXHIBIT “B”

CERTIFICATES OF INSURANCE
807
PS Version 1 Last Reviewed: 3/4/2026
26 EXHIBIT C

SCHEDULE OF COMPENSATION
808
PS Version 1 Last Reviewed: 3/4/2026
27 809
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28 810
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29 811
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30 812
PS Version 1 Last Reviewed: 3/4/2026
31 813
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32 814
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33 815
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34 816
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35 817
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36 818
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37 819
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38 820

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Elizabeth Gibbs, City Manager
PREPARED BY: Art Vela, Director of Public Works
MEETING DATE: August 25, 2026
SUBJECT: Consideration of Resolution 2026-02UA, Approving a Professional Services Agreement with Water Resources Economics, LLC, in the Amount of $108,805 for Preparation of the City’s 2027 Water and Wastewater Rate Study
STAFF RECOMMENDATION:

Adopt Resolution 2026-02UA
BACKGROUND:

On November 8, 2022, the City Council held a public hearing in accordance with Proposition 218 and adopted Ordinance No. 1587, establishing new water and wastewater rates based on the approved 2022 Water and Wastewater Rate Study. The adopted rate schedule included annual adjustments beginning January 1, 2023, with the final adjustment taking effect January 1, 2027.

Periodic comprehensive rate reviews are a utility-industry best practice. These reviews allow the City to evaluate the current financial condition of each utility and update financial forecasts for current and anticipated costs. The objective is to ensure rate revenues are sufficient to support operations and maintenance, water purchases, wastewater treatment, debt service, capital improvements, regulatory compliance, reserves, and other utility obligations.

This practice is also reflected in the City’s proposed updated Budgetary and Fiscal Policies, which will require a comprehensive review of utility rates at least once every five years.

On June 17, 2026, Public Works and Purchasing staff issued a Request for Proposals (RFP) through the City’s OpenGov procurement platform. Proposals were due July 20, 2026, and the City received five proposals.

An evaluation committee reviewed and scored the proposals based on qualifications, pricing, experience, professional references, and approach/methodology. The final rankings were as follows:

1. Water Resources Economics, LLC

2. Black and Veatch Corporation

3. Willdan Financial Services

4. Robert D. Niehaus, Inc.

5. Tangibl Group
Based on the committee’s evaluation, WRE was ranked as the most qualified firm for the project. WRE 821
proposed to complete the required scope of work for $108,805.

Scope of Work
Project management and data review, including budgets, audited financial statements, existing rates, customer billing data, reserve and debt policies, capital improvement plans, master plans, and operating assumptions.

Development of a financial model with a minimum five-year rate implementation period, a minimum ten-year forecast, alternative rate and capital-funding scenarios.

Preparation of water and wastewater cost-of-service analyses and legally defensible rate designs that comply with Proposition 218, recover the cost of service, support financial stability, and evaluate customer bill impacts and affordability.

Evaluation of major utility cost drivers, including Chromium 6 compliance, water conservation and drought conditions, aging infrastructure, wastewater treatment plant improvements, debt financing and reserve requirements.

JUSTIFICATION:

Approval of the proposed agreement is recommended because the current five-year rate schedule concludes with the January 1, 2027 adjustment, and sufficient lead time is needed to complete the financial and cost-of-service analyses, evaluate significant capital and regulatory requirements, conduct public outreach, and complete the Proposition 218 process.

The study will provide a transparent and legally defensible basis for setting rates and a long-term financial plan to help ensure the Water and Wastewater enterprises can fund ongoing operations, maintain appropriate reserves and debt coverage, and address infrastructure and regulatory obligations.

WRE received the highest overall ranking through the City’s competitive RFP process; therefore, the proposed agreement represents the best value to the City based on the combined evaluation of qualifications, experience, approach, references, and price.

Staff's recommendation to approve Resolution 2026-02UA, supports the City Strategic Plan, Strategic Initiative 2c. Complete Wastewater Treatment Plan & Recycled Water Upgrades which recognizes the need to address the project's budget shortfalls by evaluating the utility rate structure.

FISCAL IMPACT:

The proposed agreement will be funded by the Water and Wastewater Operations Funds (Funds 660 and 680), allocated as follows:

Water Operations Fund Account 660-6300-471.33-11: $65,283 Wastewater Operations Fund Account 680-8000-454.33-11: $43,522 $108,805
The required appropriations will be included in the Proposed Fiscal Year 2026/2027 Operating Budget.

There is no impact on the General Fund for this item.

ATTACHMENTS:

1. Resolution 2026-02 UA.docx

2. WRE_Proposal_for_Banning_FINAL.pdf

3. WRE_Price_Proposal_for_Banning_FINAL.pdf

4. Contract No. C01285 - Water Resource Economics LLC - Waster & WW Rate Study.docx 822
Resolution 2026-02 UA

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Banning City CouncilAugust 25, 2026

Banning City Council
August 25, 2026