Banning City Council
June 24, 2025

ORDINANCE 1610

AN ORDINANCE OF THE CITY OF BANNING, CALIFORNIA,

ADOPTING THE FIRE HAZARD SEVERITY ZONES WITHIN THE CITY

OF BANNING BASED ON MAPS PROVIDED BY THE CALIFORNIA

DEPARTMENT OF FORESTRY AND FIRE PROTECTION BY
AMENDING THE BANNING MUNICIPAL CODE SECTION 8.16.020 AND CHAPTER 15.28
WHEREAS, California Government Code Section 51178 establishes the responsibility of the State Fire Marshal to identify areas within the state as Moderate, High, and Very High Fire Hazard Severity Zones, based on consistent statewide criteria and the severity of fire hazards expected to prevail in those areas; and WHEREAS, California Government Code Section 51175 requires California Department of Forestry and Fire Protection (CAL FIRE) to evaluate fire hazard severity within Local Responsibility Areas and to identify where the Very High Fire Hazard Severity Zones exist; and
WHEREAS, Senate Bill 63 (2021) expanded the State Fire Marshal’s evaluation requirements to include Moderate and High Fire Hazard Severity Zones within the Local Responsibility Areas; and
WHEREAS, the Fire Hazard Severity Zone maps have been updated to more accurately reflect the zones in California that are susceptible to wildfire, utilizing the Fire Hazard Severity Zone model established by the Office of the State Fire Marshal; and WHEREAS, pursuant to Government Code Section 51178.5, the City of Banning made the updated Fire Hazard Severity Zones map available for public review and comment within thirty (30) days of its receipt on March 24, 2025; and WHEREAS, pursuant to Government Code Section 51179(a), the City is required to adopt the updated Fire Hazard Severity Zones map by ordinance within one hundred twenty (120) days of its receipt on March 24, 2025; and WHEREAS, the City Council hereby designates the Fire Hazard Severity Zones as required by CAL FIRE pursuant to Government Code Section 51178; and WHEREAS, the Local Responsibility Area Fire Hazard Severity Zones map, as updated by CAL FIRE and the Office of the State Fire Marshal, is hereby incorporated by reference; and
WHEREAS, the Fire Hazard Severity Zones Map will be located electronically on the City’s website at www.ci.banning.ca.us and maintained in the Office of the Fire Marshal.
387
Ordinance 1610

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BANNING DOES ORDAIN AS FOLLOWS:

SECTION 1. RECITALS. That the above Recitals are true and correct and are incorporated as though fully set forth herein.

SECTION 2. CEQA. The City Council finds that the proposed actions are not a project subject to the California Environmental Quality Act (“CEQA”). (State CEQA Guidelines, § 15060(c)(3).) Section 15378 of the State CEQA Guidelines provides that organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment do not qualify as a project subject to CEQA.

Here, the proposed actions constitute an organization or administrative activity that will not result in direct or indirect physical changes in the environment because it involves the designation of FHSZs in the Local Responsibility Areas as recommended by the Office of the State Fire Marshal and amendments to the City’s Fire Code SECTION 3. REPEAL FIRE DISTRICTS, CHAPTER 15.28. Chapter 15.28 of the City of Banning Municipal Code, titled “Fire Districts,” is hereby repealed in its entirety.

SECTION 4. AMEND FIRE PROTECTION CODE, CHAPTER 8.16. Chapter 49 (Requirements for Wildland-Urban Interface Fire Areas) of Section 8.16.020 - Amendments to California Fire Code, is hereby repealed and amended as follows:
…
CHAPTER 49 REQUIREMENTS FOR WILDLAND-URBAN

INTERFACE AREAS
Fire Hazard Severity Zones Map
In accordance with Government Code Sections 51175
through 51189, the Moderate, High, and Very High Fire
Hazard Severity Zones designated by the California
Department of Forestry and Fire Protection, as shown on the Fire Hazard Severity Zones map dated March 24, 2025, and retained on file at the office of the Fire Chief, are hereby adopted by reference. This map supersedes any previously adopted Fire Hazard Severity Zones or related maps within the jurisdiction of the City of Banning.
…
All other remaining provisions of Section 8.16.020 shall remain unchanged and continue in full force and effect.
388
Ordinance 1610

SECTION 5. CONFLICTING PROVISIONS REPEALED
Any provision of the City of Banning Municipal Code, or any ordinances or resolutions, that conflict with this Ordinance is hereby repealed to the extent of such conflict.

SECTION 6. EFFECTIVE DATE OF ORDINANCE
That this ordinance shall take effect thirty (30) days after its second reading and adoption by the City Council.

SECTION 7. CERTIFICATION
That the City Clerk shall certify the passage of this Ordinance and shall cause the same to be published according to law.

INTRODUCED at a regular meeting of the City Council on June 24, 2025, and PASSED, APPROVED, and ADOPTED by the City Council on ________, 2025, by the following vote.

PASSED, APPROVED AND ADOPTED this __th day of _____, 2025.

Sheri Flynn, Mayor
City of Banning
ATTEST:

Caroline Patton, Administrative City Clerk
City of Banning
APPROVED AS TO FORM:

John Pinkney, Interim City Attorney
Slovak, Baron, Empey, Murphy & Pinkney,
LLP
389
Ordinance 1610

CERTIFICATION:

I, Caroline Patton, Deputy City Clerk of the City of Banning, California, do hereby certify that Ordinance 1610 was duly introduced at a regular meeting of the City Council of the City of Banning, held on the 24th day of June, 2025, and was duly adopted at a regular meeting of said City Council on the __th day of _____, 2025, by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Caroline Patton, Administrative City Clerk
City of Banning, California
390
391
Chapter 8.16 - FIRE PROTECTION CODE
Footnotes:
--- (2) ---
Editor's note— Section 2 of Ord. No. 1503, adopted Dec. 12, 2016, repealed and replaced in its entirety ch. 8.16 to read as herein set out. Former ch. 8.16 pertained to the same subject matter, consisted of §§ 8.16.010—8.16.050 and derived from the 1965 Code; Ord. 1380; and Ord. No. 1468, adopted Feb. 11, 2014.

8.16.010 - Application and adoption of the California Fire Code.

Except as stated in this section or as amended below in section 8.16.020 of this chapter, all of the provisions and appendices of the 2022 California Fire Code, inclusive of all of the inclusions and exclusions set for in each chapter's matrix, are hereby adopted and shall apply to the City of Banning. In addition, the following provisions that are excluded in the 2022 California Fire Code are hereby adopted: Chapter 1 (excluding Sections 103.2 and 109.3), Chapters 3 and 25, and Sections 403.12, 503, 510.2, and 1103.2. (Ord. No. 1503, § 2, 12-12-16; Ord. No. 1555, § 1, 12-10-19; Ord. No. 1586, § 2, 11-8-22)

8.16.020 - Amendments to California Fire Code.

The codes, chapters, standards, and appendices are amended as specifically set forth in the following chapters herein:

CHAPTER 1. SCOPE AND ADMINISTRATION
Section 101.4 of the California Fire Code is deleted in its entirety and replaced with the following:
101.4 Severability. If any provision, clause, sentence, or paragraph of this code or the application thereof to any person or circumstances shall be held invalid, such invalidity shall not affect the other provisions of this code which can be given effect without the invalid provision or application, and to this end, the provisions of this code are hereby declared to be severable.

Section 102.5 of the California Fire Code is amended as follows:
102.5 Application of residential code. Where structures are designed and constructed in accordance with the California Residential Code, the provisions of this code shall apply as follows:

1. Construction and design provisions of this code pertaining to the exterior of the structure shall apply including, but not limited to, premises identification, fire apparatus access and water supplies. Where interior or exterior systems or devices are installed, construction permits required by Section 105.7 of this code shall apply.

2. Administrative, operational and maintenance provisions of this code shall apply. 6/12/25, 11:57 PM Banning, CA Code of Ordinances
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3. Automatic fire sprinkler system requirements of this code shall apply to detached accessory buildings 3,600 square feet (334 m ) or greater in accordance with Section 903.2. The provisions contained in Section 903.2.18 of the California Fire Code or Section R309.6 of the California Residential Code may be used for the design of the automatic fire sprinkler system for detached private garages.

Section 104.1.1 is added to Section 104.1 of the California Fire Code to read as follows:
104.1.1 Authority of the Fire Chief and Fire Department.

1. The Fire Chief is authorized and directed to enforce all applicable State fire laws and provisions of this code and to perform such duties as directed by the City Council.

2. The Fire Chief is authorized to administer, interpret and enforce this code. Under the Fire Chief's direction, the Riverside County Fire Department is authorized to enforce ordinances of the City of Banning pertaining to the following:

2.1. The prevention of fires.

2.2. The suppression or extinguishment of dangerous or hazardous fires.

2.3. The storage, use and handling of hazardous materials.

2.4. The installation and maintenance of automatic, manual and other private fire alarm systems and fire extinguishing equipment.

2.5. The maintenance and regulation of fire escapes.

2.6. The maintenance of fire protection and the elimination of fire hazards on land, in buildings, structures and other property, including those under construction.

2.7. The maintenance of means of egress.

2.8. The investigation of the cause, origin and circumstances of fire and unauthorized releases of hazardous materials.

3. The following persons are hereby authorized to interpret and enforce the provisions of this code and to make arrests and issue citations as authorized by law:

3.1. The Unit Chief, Peace Officers and Public Officers of the California Department of Forestry and Fire Protection.

3.2. The Fire Chief, Peace Officers and Public Officers of the Riverside County Fire Department.

3.3. The Riverside County Sheriff and any deputy sheriff. 2 6/12/25, 11:57 PM Banning, CA Code of Ordinances
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3.4. The Police Chief and any police officer of any city served by the Riverside County Fire Department.

3.5 Officers of the California Highway Patrol.

3.6. Code Officers of the City of Banning Code Enforcement Department.

3.7. Peace Officers of the California Department of Parks and Recreation.

3.8. The law enforcement officer of the Federal Bureau of Land Management.

Sections 104.7 and 104.7.1 of the California Fire Code are deleted in their entirety and replaced with the following:
104.7 Liability. Any liability against Riverside County or the City of Banning or any officer or employee for damages resulting from the discharge of their duties shall be as provided by law.

Section 104.13 is added to Section 104 of the California Fire Code to read as follows:
104.13 Authority of the Fire Chief to close hazardous fire areas. Except upon National Forest Land, the Fire Chief is authorized to determine and announce the closure of any hazardous fire area or portion thereof. Any closure by the Fire Chief for a period of more than fifteen (15) calendar days must be approved by the Riverside County Board of Supervisors and/or the City Council within fifteen (15) calendar days of the Fire Chief's original order of closure. Upon such closure, no person shall go in or be upon any hazardous fire area, except upon the public roadways and inhabited areas. During such closure, the Fire Chief shall erect and maintain at all entrances to the closed area sufficient signs giving notice of closure. This section shall not prohibit residents or owners of private property within any closed area, or their invitees, from going in or being upon their lands. This section shall not apply to any entry, in the course of duty, by a peace officer, duly authorized public officer or fire department personnel. For the purpose of this section, "hazardous fire area" shall mean public or private land that is covered with grass, grain, brush or forest and situated in a location that makes suppression difficult resulting in great damage. Such areas are designated on Hazardous Fire Area maps filed with the office of the Fire Chief.

Section 105.3.1 of the California Fire Code is amended to add the following language:
105.3.1 Expiration. An operational permit shall remain in effect for a period of one (1) year (365 days), unless otherwise reissued, renewed, or revoked, or for such a period of time as specified in the permit and as specified in writing by the Fire Code Official.

Section 107.2 of the California Fire Code is deleted in its entirety and replaced with the following:
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107.2 Schedule of permit fees. Fees for services and permits shall be as set forth in the City of Banning fee schedule.

Section 107.7 is added to Section 107 of the California Fire Code to read as follows:
107.7 Cost recovery. Fire suppression, investigation, rescue, or emergency medical costs are recoverable in accordance with Health and Safety Code Sections 13009 and 13009.1, as may be amended from time to time. Additionally, any person who negligently, intentionally, or in violation of law causes an emergency response, including, but not limited to, a traffic accident, spill of toxic or flammable fluids or chemicals is liable for the costs of securing such emergency, including those costs pursuant to Government Code Section 53150 et seq., as may be amended from time to time. Any expense incurred by the Riverside County Fire Department for securing such emergency shall constitute a debt of such person and shall be collectable by Riverside County in the same manner as in the case of an obligation under contract, express or implied.

Section 108.2 of the California Fire Code is amended to add the following language:
108.2 Inspections. The Fire Code Official shall issue an annual permit for a building, structure, and operations therein.

Section 111.1 of the California Fire Code is deleted in its entirety and replaced with the following:
111.1 Board of appeals established. The Board of Appeals shall be the City Manager. If he or she determines an outside board is needed, he or she shall designate an outside hearing officer to hear the appeal. The Fire Chief shall be notified of any appeal and the Fire Chief or designee shall be in attendance at the appeal hearing. Depending on the subject of the appeal, specialized expertise may be solicited, at the expense of the applicant, for the purpose of providing input to the Appeals Board.

Section 112.4 of the California Fire Code is deleted in its entirety and replaced with the following:
112.4 Violation and penalties. It shall be unlawful for any person, firm, corporation or association of persons to violate any provision of this code, or to violate the provisions of any permit granted pursuant to this code. Punishments and penalties for violations shall be in accordance with the City of Banning ordinances and fee schedules and Health and Safety Code Sections 17995 through 17995.5.

CHAPTER 2. DEFINITIONS
The definition of "Fire Chief" in Section 202 of the California Fire Code is deleted in its entirety and replaced with the following:

FIRE CHIEF. The Fire Chief of Riverside County or the Fire Chief's designee. 6/12/25, 11:57 PM Banning, CA Code of Ordinances
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CHAPTER 3. GENERAL REQUIREMENTS
Section 308.1.6.3 of the California Fire Code is deleted in its entirety and replaced with the following:
308.1.6.3 Sky lanterns or similar devices. A person shall not release or cause to be released a sky lander or similar device.

CHAPTER 5. FIRE SERVICE FEATURES
Section 503.2.1 of the California Fire Code is deleted in its entirety and replaced with the following:
503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed width of not less than 24 feet (7315 mm), exclusive of shoulders, except for approved security gates in accordance with Section 503.6, and an unobstructed vertical clearance of not less than 13 feet 6 inches (4115 mm). For additional requirements or alternatives see Riverside County Fire Department Standards and Policies, as may be amended from time to time.

Section 503.2.2 of the California Fire Code is deleted in its entirety and replaced with the following:
503.2.2 Authority. The fire code official shall be the only authority authorized to designate fire apparatus access roads and fire lanes and to modify the minimum fire lane access widths for fire or rescue operations
Section 503.6.1 is added to Section 503.6 of the California Fire Code to read as follows:
503.6.1 Automatic opener. New motorized gates shall be provided with means to be automatically opened remotely by emergency vehicle in accordance with Riverside County Fire Department standards and Policies, as may be amended from time to time.

Exception: Gates serving individual one- and two-family dwelling parcels.

Section 503.7 is added to Section 503 of the California Fire Code to read as follows:
503.7 Loading areas and passenger drop-off areas. On private properties, where fire apparatus access roads are utilized for loading or unloading or utilized for passenger drop-off or pick-up, an additional eight (8) feet of width shall be added to the minimum required width for the fire apparatus access road.

Section 507.5.7 is added to Section 507 of the California Fire Code to read as follows:
507.5.7 Fire hydrant size and outlets. As determined by the fire code official, fire hydrant sizes and outlets shall be based on the following:

1. Residential Standard - one (1) four (4) inch outlet and one (1) two and half (2½) inch outlet. 6/12/25, 11:57 PM Banning, CA Code of Ordinances
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2. Super Hydrant Standard - one (1) four (4) inch outlet and two (2) two and one half (2½) inch outlet.

3. Super Hydrant Enhanced - two (2) four (4) inch outlet and one (1) two and one half (2½) inch outlet.

Section 507.5.8 is added to Section 507 of the California Fire Code to read as follows:
507.5.8 Fire hydrant street marker. Fire hydrant locations shall be visually indicated in accordance with Riverside County Fire Department Technical Policy 06-11, as may be amended from time to time. Any hydrant marker damaged or removed during the course of street construction or repair shall be immediately replaced by the contractor, developer or person responsible for removal or damage.

Section 508.1 of the California Fire Code is deleted in its entirety and replaced with the following:
508.1 General. Where required by other sections of this code and in all buildings classified as high-rise buildings by the California Building Code, in buildings greater than 300,000 square feet (27871 m ) in area and in Group I-2 occupancies having occupied floors located more than 75 feet above the lowest level of fire department vehicle access, a fire command center for fire department operations shall be provided and comply with Sections 508.1.1 through 508.1.8.

Section 508.1.1 of the California Fire Code is deleted in its entirety and replaced with the following:
508.1.1 Location and access. The fire command center shall be located adjacent to the main lobby and shall be accessible from fire department vehicular access or as approved by the fire code official. The room shall have direct access from the building exterior at the lowest level of fire department access.

Section 508.1.3 of the California Fire Code is amended to add the following:

Exception: A fire command center solely required because a building is greater than 300,000 square feet (27871 m ) in area shall be a minimum of 96 square feet (9 m 2 ) with a minimum dimension of 8 feet (2438 mm).

Section 508.1.6 of the California Fire Code is amended to add the following:

Exception: A fire command center solely required because a building is greater than 300,000 square feet (27871 m ) in area shall comply with NFPA 72 and contain the features set forth in Section 508.1.6 subsections 5, 8, 10, 12, 13 and 14. The features set forth in Section 508.1.6 subsections 1, 2, 3, 4, 6, 7, 9, 11, 15, 16, 17, 18 and 19 shall be required when such building contains systems or functions related to these features. 2 2
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Section 508.1.7 of the California Fire Code is deleted in its entirety and replaced with the following:
508.1.7 Fire command center identification. The fire command center shall be identified by a permanent easily visible sign stating, "Fire Dept. Command Center," located on the door to the fire command center.

Section 509.2.1 is added to Section 509.2 of the California Fire Code to read as follows:
509.2.1 Minimum clearances. A 3-foot (914 mm) clear space shall be maintained around the circumference of exterior fire protection system control valves, or any other exterior fire protection system component that may require immediate access, except as otherwise required or approved.

CHAPTER 6. BUILDING SERVICES AND SYSTEMS
Section 608.11.1.2 of the California Fire Code is deleted in its entirety and replaced with the following:
608.11.1.2 Manual operation. When required by the fire code official, automatic crossover valves shall be capable of manual operation. The manual valves shall be located in an approved location immediately outside of the machinery room in a secure metal box or equivalent and marked as Emergency Controls.

CHAPTER 9. FIRE PROTECTION SYSTEMS
Section 903.2 of the California Fire Code is deleted in its entirety and replaced with the following:
903.2 Where required. In all new buildings and structures which are 3,600 square feet (334 m ) or greater, an approved automatic sprinkler system shall be provided regardless of occupancy classification. Where the Sections 903.2.1 - 903.2.20 of the California Fire Code require more restrictive requirements than those listed below, the more restrictive requirement shall take precedence.

Exception: Unless required elsewhere in this code or the California Building Code, automatic fire sprinkler systems shall not be required for the following:

1. Detached Group U occupancies used for agricultural or livestock purposes, less than 5,500 square feet (511 m ), and having setback distances of 50 feet (15 m) or more from the property line and other buildings.

2. Detached non-combustible equestrian arena shade canopies that are open on all sides and used for riding only - no commercial, assembly or storage uses. 2 2
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3. Detached fabric or non-combustible shade structures that are open on all sides and used to shade playground equipment, temporary storage of vehicles and dining areas with no cooking.

4. Detached Group U occupancy greenhouses less than 5,500 square feet (511 m ).

5. Where determined by the Fire Chief that no major life safety hazard exists, and the fuel load does not pose a significant threat to firefighter safety or to other structures or property, automatic fire sprinklers may be exempted.

One- and two-family dwellings shall have an automatic fire sprinkler system regardless of square footage in accordance with the California Residential Code. Fire sprinkler systems shall be installed in mobile homes, manufactured homes and multifamily manufactured homes with twodwelling units in accordance with Title 25 of the California Code of Regulations.

The following exceptions in the California Fire Code shall not be allowed:
a. Exception in Section 903.2.3
b. Exception 2 in Section 903.2.11.3
Section 903.3.5.3 is added to Section 903 of the California Fire Code to read as follows:
903.3.5.3 Hydraulically calculated systems. The design of hydraulically calculated fire sprinkler systems shall not exceed 90 percent of the water supply capacity.

CHAPTER 32. HIGH-PILED COMBUSTIBLE STORAGE
Section 3204.2.1 is added to Section 3204.2 of the California Fire Code to read as follows:
3204.2.1 Minimum requirements for client leased or occupant owned warehouses. Designs of an automatic sprinkler system for client leased or occupant owned buildings containing high pile storage shall be based on the requirements of NFPA 13. The responsible fire protection engineer shall perform a survey of the building to determine commodity classification, storage configuration, building height and other information related to the development of an appropriate sprinkler system design. The fire protection engineer shall also make reasonable efforts to meet with the building owner or operator to understand seasonal or customer related fluctuations to the stored commodities, storage height, and configuration. The sprinkler design shall be based on the most demanding requirements determined through the onsite survey and discussions with the building owner or operator. The technical report shall describe the basis for determining the commodity and sprinkler design selection, how the commodities will be isolated or separated, and include referenced design document(s), including NFPA 13 or the current applicable factory mutual data sheets. If a specific fire test is used as the basis of design, a copy of the fire test report shall be provided at the time of plan review. 2 6/12/25, 11:57 PM Banning, CA Code of Ordinances
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a.
b.

CHAPTER 49. REQUIREMENTS FOR WILDLAND-URBAN INTERFACE FIRE AREAS Section 4904.4 is added to Section 4904 of the California Fire Code to read as follows:
4904.4 High Fire Hazard Severity Zone Maps. In accordance with Government Code Sections 51175 through 51189, Very High Fire Hazard Severity Zones are designated as shown on a map titled Very High Fire Hazard Severity Zones, dated December 24, 2009, and retained on file at the office of the Fire Chief, which supersedes other maps previously adopted designating high fire hazard areas.
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APPENDIX B
Table B105.2 of the California Fire Code is amended as follows:

TABLE B105.2

REQUIRED FIRE-FLOW FOR BUILDINGS OTHER THAN ONE- AND TWO-FAMILY DWELLINGS, GROUP R-3 AND R-4 BUILDINGS AND TOWNHOUSES

AUTOMATIC SPRINKLER
SYSTEM
(Design Standard)

MINIMUM FIRE-FLOW
(gallons per minute)

FLOW DURATION
(hours)
No automatic sprinkler
system
Value in Table B105.1(2) Duration in Table B105.1(2)
Section 903.3.1.1 of the
California Fire Code
50% of the value in Table
B105.1(2)
Duration in Table B105.1(2) at
the reduced flow rate
Section 903.3.1.2 of the
California Fire Code
50% of the value in Table
B105.1(2)
Duration in Table B105.1(2) at
the reduced flow rate
For SI: 1 gallon per minute = 3.785 L/m.

The reduced fire-flow shall be not less than 1,000 gallons per minute.

The reduced fire-flow shall be not less than 1,500 gallons per minute. a
b
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APPENDIX C
Section C103.1 of the California Fire Code is deleted in its entirety and replaced with the following:

C103.1 Hydrant spacing. Fire apparatus access roads and public streets providing required access to buildings in accordance with Section 503 of the International Fire Code shall be provided with one or more fire hydrants, as determined by Section C102.1. Where more than one fire hydrant is required, the distance between required fire hydrants shall be in accordance with Sections C103.2 and C103.3. Fire hydrants shall be provided at street intersections." (Ord. No. 1555, § 1, 12-10-19; Ord. No. 1586, § 2, 11-8-22; Ord. No. 1595, § 2, 9-12-23) 6/12/25, 11:57 PM Banning, CA Code of Ordinances
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A.

B.

C.

A.

B.

Chapter 15.28 - FIRE DISTRICTS

15.28.010 - Fire zones generally.

The fire districts shall be known and designated as Fire Zones One, Two and Three. Such zones shall include the territory or portions of the city described in the following section and as illustrated, outlined and designated on a certain map on file in the office of the city clerk for the application of the regulations included in the California Building Code adopted by Section 15.08.010. (Code 1965, § 6-09.01.)
(Ord. No. 1555, § 21, 12-10-19)

15.28.020 - Description of fire zones.

Fire Zones One, Two and Three of the city are hereby created and established as follows:

Fire Zone One. None established;
Fire Zone Two. Fire Zone Two shall consist of all that territory in this city included in the following boundaries:

Beginning at the intersection of Murray Street and Livingston Street; north along the centerline of Hays Street to the centerline of Third Street; south along the centerline of Third Street to the centerline of Livingston Street; east to the centerline of Murray Street, being the point of beginning;
Fire Zone Three. Fire Zone Three shall consist of all that certain territory in this city lying outside of Fire Zone Two.
(Code 1965, § 6-09.02.)

15.28.030 - Restrictions related to fire zones.

The restrictions in Fire Zones One, Two and Three shall consist of and be the restrictions provided for in the California Building Code adopted by Section 15.08.010 except as hereby specifically amended.

Notwithstanding any contrary provisions of this Code, including provisions of the California Building Code as adopted or as amended, it shall be unlawful for any person, firm or corporation to erect, construct, or move in any building or structure in the city unless the same is provided with a fire-retardant roof covering as defined in section 3203(e) of the California Building Code 1979 Edition, or a roofing material designated as Class A or B by a testing laboratory which has 6/12/25, 11:54 PM Banning, CA Code of Ordinances
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C.
been approved by the superintendent of building safety and the fire chief of the fire department as a testing agency that is regularly engaged in conducting test Class A or B roofing. No wood roof-covering of any type shall be permitted within the city limits.

It shall be unlawful for any person, firm or corporation to make any alterations, repairs, improvements or additions to any building or structure in the city involving the removal, repair, replacement or installation of roofing material on more than fifty percent of the roof of such structure or building within any twelve-month period unless the roof area so altered, repaired, improved or added to is provided with a roof or roof covering as provided in subsection A of this section.
(Code 1965, § 6-09.03.)
(Ord. No. 1555, § 22, 12-10-19)
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CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Robert Fisher, Acting City Manager
PREPARED BY: Robert Fisher, Acting City Manager
MEETING DATE: June 24, 2025
SUBJECT: Consideration of Resolution 2025-96, Approving a Budget Change Request related to Opportunity Village
RECOMMENDATION:

Adopt Resolution 2025-96.

BACKGROUND:

Opportunity Village began in 2019 to address supportive housing for people in the City of Banning California. The goal of the program is to provide at least 90 days of transitional housing and client case management for individuals in need. The housing program is funded through a state grant. The Program is administered by the California Interagency Council on Homelessness (“Cal ICH”) in the Business, Consumer Services and Housing Agency.

JUSTIFICATION:

The City of Banning has subsequently put into place approximately (20) very small portable houses between the Interstate-10 freeway and the Union Pacific Railroad. Although the city had good intentions at the time, we are suffering from unintended consequences. In placing these homes between the freeway and the railroad tracks the occupants are suffering from carcinogens from vehicle exhaust, diesel fumes and fumes from train exhaust. Along with this, the homes are a mere 150 feet away from the railroad track. Trains are required by federal law to activate a horn when approaching an intersection.

Train horns can reach decibel levels between 96 and 100. In some cases, these air horns can even reach higher levels, up to 145 decibels. Many residents have complained that it is inhumane to house people in these conditions.

FISCAL IMPACT:

TBD
ALTERNATIVES:

1. City Council to provide direction to staff on whether to move forward with a Budget Change Proposal. This includes authorizing the Acting City Manager to dismantle Opportunity Village and sell at auction selected items purchased with grant funds and/or place these items with city departments as needed. Rent houses or apartments within Riverside County to house Banning’s homeless population.

2. Allow Opportunity Village remain at its current location with no budget adjustments.

BUDGETED?:

Yes
404
CONTRACT/AGREEMENT:

Yes
ATTACHMENTS:

1. Resolution 2025-96, Opportunity Village Defunding.docx 405
Resolution 2025-96

RESOLUTION 2025-96

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

APPROVING BUDGET ADJUSTMENTS RELATED TO OPPORTUNITY VILLAGE WHEREAS, Opportunity Village is funded through the city and community and was provided housing for people in the City of Banning with the goal of providing transitional housing and client case management for individuals in need; and, WHEREAS, the City of Banning strives to provide safe housing; and, WHEREAS, the City of Banning is committed to helping low-income or at risk and unhoused individuals obtain and retain resources to meet their housing needs.

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

SECTION 1. The City Council authorizes the City Manager to make necessary changes, and to make budget adjustments with the California Department of Housing and community Development. The City Manager is authorized to reduce staff and defund the position of Homeless Services Director and Case Manager Specialist.

SECTION 2. The City Council authorizes the City Manager, or designee, to make necessary adjustments to contract services for the unhoused, including, but not limited to lease agreements for rent, along with utilities payments and the purchase of household items. The dismantlement of Opportunity Village along with the selling or auctioning of Opportunity Village assets.

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

PASSED, APPROVED AND ADOPTED this 24th day of June, 2025.

Sheri Flynn, Mayor
City of Banning
ATTEST:

Caroline Patton, Administrative City Clerk
City of Banning
406
Resolution 2025-96

APPROVED AS TO FORM:

John Pinkney, Interim City Attorney
Slovak, Baron, Empey, Murphy & Pinkney,
LLP
407
Resolution 2025-96

CERTIFICATION:

I, Caroline Patton, Administrative City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2025-96, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 24th day of June, 2025 by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Caroline Patton, Administrative City Clerk
City of Banning, California
408

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Robert Fisher, Acting City Manager
PREPARED BY: Barbara Mason, Chief Procurement Officer
Barbara Mason, Chief Procurement Officer
MEETING DATE: June 24, 2025
SUBJECT: Review and Discussion of Travel Authorization for Leroy Miller and Travel Authorization for Colleen Wallace to League of California Cities Annual Conference in Long Beach, CA.

RECOMMENDATION:

Direct Staff to process the Travel Authorization for Leroy Miller and Travel Authorization for Colleen Wallace to League of California Cities Annual Conference in Long Beach, CA in the amount of $1,692.32 each.

BACKGROUND:

The City Council aends many events, conferences, and training sessions while serving the City of Banning. The rules for these events and expenses are enforced by the Reimbursement Policy for Elected and Appointed Officials as well as by Policy E-3 Travel and Mee'ng Policy. According to the City Travel & Mee'ng Policy (E-3) approved by Resolu'on 2020-009 and the Reimbursement Policy for Elected and Appointed Officials approved by Resolu'on 2023-93, all City travel and conference expenses must be approved by the City Manager prior to the date of travel.

In May, the League of California Ci'es announced their Annual Conference in Long Beach, CA scheduled in November 2025. Three of the five Councilmembers accepted this event and travel authoriza'ons were prepared by Staff and sent for signatures. Mayor Flynn withdrew her request while the remaining travel authoriza'ons remained in process. At the direc'on of Mayor Flynn, the two remaining travel authoriza'ons for Councilmember Wallace and Councilmember Miller are to be held until discussion at this Council Meeting.

JUSTIFICATION:

According to the City Travel & Mee'ng Policy (E-3) approved by Resolu'on 2020-009 and the Reimbursement Policy for Elected and Appointed Officials approved by Resolu'on 2023-9, both travel authorizations are qualified as a City travel expense.

FISCAL IMPACT:

This travel is within Council Travel Budget.

ALTERNATIVES:

Direct staff to cancel the pending travel authoriza'on requests and provide direc'on on current travel 409
policy.

BUDGETED?:

Yes
CONTRACT/AGREEMENT:

No
ATTACHMENTS:

1. Reimbursement_Policy_for_Elected_and_Appointed_Officials.pdf

2. CC_Resolution_No._2020-009.pdf

3. CC_Resolution_No._2023-093.pdf

4. E-3-Travel-Meeting-Policy.pdf

5. L.Miller Travel Authorization.pdf

6. 2024 LOCC Annual Conference Session Materials.docx

7. League of California Cities agenda 10-08-2025 to 10-10-2025.pdf

8. Colleen Wallace travel authorazation 06-09-2025 # 1.pdf 410
City of Banning
Reimbursement Policy for Elected and Appointed Officials

PURPOSE
To establish a policy for the reimbursement of expenses incurred by elected and appointed officials (hereinafter “officials”) of the City of Banning (City”) in the performance of City business. This Policy will be applicable to all elected or appointed members of any legislative body (as defined in Government Code Section 54952(a), (b)) of the City, including the City Council, Planning Commission, Parks & Recreation Commission, Utility Authority Board, and any other City-affiliated commission, committee, board, or other body created by ordinance, resolution, or formal action of the City Council.

POLICY
It is the policy of the City to reimburse actual and necessary expenses incurred by officials in the performance of City business.

A. Activities for which Expense Reimbursement may be Granted Expenses incurred in connection with the following types of activities are eligible for reimbursement:

1. Attendance and participation at meetings of the official’s legislative body or at meetings of an advisory body of the legislative body.

2. Attendance and participation at meetings of any body or organization to which the official has been appointed by the official’s governing or legislative body or at which the official serves as a designated representative of the City.

3. Communicating with constituents on matters within the jurisdiction of the official’s legislative body.

4. Attending community events as a representative of the City.

5. Communicating with representatives of local, regional, state, and national government on City matters, policy positions, or legislation that may affect the City. However, the Mayor will be primary representative for activities relating to lobbying efforts. If the Mayor is not available, then the Mayor Pro Tem would be next in line.

6. Participating in local, regional, state, and national organizations and entities whose activities affect City interests.

Reimbursement for expenses incurred with respect to activities not authorized above require prior approval by the City Council or applicable legislative body.

Reimbursement for expenses incurred by a Board Member, Commissioner, or Committee Member require prior approval by the City Manager.

B. Expenses Authorized for Reimbursement

1. Transportation. Transportation expenses incurred in connection with activities authorized under Section A of this Policy are subject to the following requirements:
411
Reimbursement Policy for Elected and Appointed Officials Page 2 of 3 a. Airlines and Other Commercial Carriers: Travel reimbursement is generally limited to coach class fare at government rates or group rates when available. Fares that are equal to or less than those available through the League of California Cities or the State of California
(www.catravelsmart.gov ) are presumed to be economical and reasonable for purposes of reimbursement. If rates comparable to those available through the League of California Cities or the State are either not available or the fare to the applicable destination is not specified by these sources, then fares that do not exceed the median retail price of the fares posted on website like www.expedia.com or www.travelocity.com , or an equivalent service will be considered reasonable.
b. Automotive (Personal Vehicle): Travel using personal vehicles will be reimbursed at the IRS mileage rate in effect at the time. c. Efficiency of Travel: When a personal automobile (vehicle) is used for travel, reimbursement for mileage shall be paid at the rate in Section B.1.b of this policy up to a maximum equal to the lowest reasonable round-trip airfare to the conference/meeting location. The travel option that is the least costly should be used whenever feasible.
d. Car Rental: Rental vehicles may be used if more economical and reasonable that other forms of transportation. Rental is generally limited to the most economical and reasonable mid-sized vehicle. Government rates or rental rates that are equal or less than those listed by the State of California (www.catravelsmart.gov ) will be considered the most reasonable and economical for purposes of reimbursement. If government rates or rates comparable to those listed by the State are either not available or the State does not specify a rate for a particular location, then rental rates that do not exceed the median retail price of the rates posted on websites like www.expdia.com or www.travelocity.com or an equivalent service will be considered reasonable.
e. Taxis/Shuttle: Taxi, shuttle, and ride share fares, when reasonable and necessary will be reimbursed, including a 15% gratuity per fare.

2. Lodging. Lodging expenses incurred in connection with activities authorized under Section A of this Policy when travel requires an overnight stay are subject to the following requirements:
a. Officials must user government or group rates for lodging when available. b. If lodging is in connection with a conference or organized activity, lodging expenses must not exceed the maximum group rate published by the conference or activity sponsor if such rate is available at the time of booking. c. If group or government rates are not available, lodging rates that do not exceed the median retail price for lodging in the areas listed on websites like www.hotels.com or and equivalent service will be considered reasonable.

3. Meals. Meal expenses incurred in connection with activities authorized under Section A of this Policy will be reimbursed at the applicable U.S. General Services 412
Reimbursement Policy for Elected and Appointed Officials Page 3 of 3 Administration (https://www.gsa.gov/travel/plan-book/per-diem-rates) meal rates in effect at the time. Receipts for meals must include a detailed description of items ordered. Alcoholic beverages will not be reimbursed.

4. Miscellaneous Expenses. Actual and necessary miscellaneous business expenses, as defined by the IRS and incurred in connection with activities authorized under section A of this Policy, may be reimbursed.

C. Expenses Not Authorized for Reimbursement
A. The personal portion of any trip;
B. Political or charitable contributions or events;
C. Family Expenses, including partners’ expenses when accompanying the Council Member On City-related business, as well as children or pet related expenses; D. Entertainment expenses, including theatre, movies (either in-room or at the theatre), Sporting events (including gym, massage and/or golf related expenses), or other Cultural events;
E. In-town mileage;
F. Non-mileage personal automobile expenses, including repairs, traffic citations, Insurance or gasoline;
G. Alcohol and personal bar expenses;
H. Personal losses incurred while on City business. Any questions regarding the Propriety of a particular type of expense should be resolved by the City Council Before the expense is incurred.

D. Reporting

1. Report Forms. Official should submit their expense reports within 30 calendar days after the end of the month in which the expense was incurred, accompanied by receipts documenting each expense. IN no event may a request for reimbursement be submitted later than the close of the fiscal year in which the expense was incurred absent exigent circumstances.

2. Reports to City Council, Board, or Commission. Each official must briefly report on outside meetings subject to the Brown Act that are attended at public expense at the next regular meeting of the officials’ legislative body. If multiple officials attended such a meeting, a joint report may be made.

3. Expense Reports as Public Records. All expense reports of officials and City reimbursement expenditures are public records subject to disclosure under the Public Records Act and other applicable laws.
413
RESOLUTION 2020- 9

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING,
CALIFORNIA, APPROVING A NEW TRAVEL & MEETING POLICY NO.

E- 3
WHEREAS, City of Banning must establish and maintain policies and procedures to set standards for internal controls and guidelines to carry out related procedures; and WHEREAS, On August 28, 2001 the City Council approved the Travel & Meeting Policy E- 1, and Mileage Reimbursement Policy E- 2; and WHEREAS, On June 27, 2017 Purchasing Policy B- 30 was adopted and approved by City Council which included a section travel section, superseding Policies E- 1 and E2; and WHEREAS, It was determined that a more comprehensive travel policy would provide better internal controls along with more clear and concise requirements for City officials and City employees to follow when traveling on official City business; and WHEREAS, Staff researched, reviewed, and completed a comprehensive Travel Meeting Policy which is intended to supersede all previous travel policies; and WHEREAS, the City now desires to adopt a resolution approving a new Travel & Meeting Policy.

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

SECTION 1. The Banning City Council adopts Resolution 2020- 9 approving a new Travel
Meeting Policy E- 3.

SECTION 2. 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 10th day of December, 2019. kciA4fri itich& otk
Daniela Andrade, Mayor
City of Banning
Resolution 2020- 9

414
ATTEST:

Sonja De a Fuente, Deputy City Clerk
City of Banning

APPROVED AS TO FORM AND
LEGAL CONTENT:
r..,..

Kevin G. Ennis, Esq. City Attorney
Richards, Watson & Gershon
Resolution 2020- 9

415
CERTIFICATION:

I, Sonja De La Fuente, Deputy City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2020- 9, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 10th day of December, 2019, by the following vote, to wit:
i
AYES: Andrade, Happe, Wallace & Welch
NOES: None
ABSTAIN: None
ABSENT: None
Sonja De L uente, Deputy City Clerk
City of Banning, California
Resolution 2020- 9

416
RESOLUTION 2023-93

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

AMENDING THE REIMBURSEMENT POLICY FOR EXPENSES OF ELECTED AND

APPOINTED OFFICIALS
WHEREAS, on May 30, 2006, the City Council of the City of Banning formally adopted Resolution 2006-55 establishing an expense reimbursement policy for elected and appointed officials; and
WHEREAS, on March 24, 2009, the City Council of the City of Banning, adopted Resolution 2009-24, amending the Reimbursement Policy for Expenses of Elected and Appointed Officials; and
WHEREAS, on January 24, 2023, the City Council of the City of Banning, adopted Resolution 2023-15, amending the Reimbursement Policy for Expenses of Elected and Appointed Officials; and
WHEREAS, the City Council now desires to make changes to said policy.

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

SECTION 1 . FINDINGS. The City Council of the City of Banning ("City") finds as follows:

A. In addition to performing their day-to-day duties and responsibilities, it is in the best interest of the City that elected and appointed officials ( hereinafter, " officials") remain informed and trained in activities, developments and professional trends affecting the affairs of the City and that attendance at institutes, hearings, meetings, conferences, or other gatherings is of value to the City and its citizens.

B. The City's officials include members of any legislative body ( as defined in Government Code Section 54952(a), (b) of the City (hereinafter "legislative body"), including the City Council, as well as the Planning Commission. Utility Authority Board, Parks & Recreation Commission, and any other City-affiliated commission, committee, board, or other body created by ordinance, resolution, or formal action of the City Council.

C. The City takes its stewardship over the use of its limited public resources seriously.

D. Public resources should only be used when there is a substantial benefit to the City, including:

1. Attendance and participation at meetings of the official's legislative body or at meetings of an advisory body of the legislative body Resolution 2023- 93

417

2. Attendance and participation at meetings of any body or organization to which the official has been appointed by the official's legislative body or at which the official serves as a designated representative of the City.

3. Communicating with constituents on matters within the jurisdiction of the official's legislative body.

4. Attending community events as a representative of the City.

5. Communicating with representatives of local, regional, state, and national government on City matters, policy positions, or legislation that may affect the City.

6. Participating in local, regional, state, and national organizations and entities whose activities affect City interests.

7. Attending seminars designed to improve officials' skill and information levels.

E. It is in the best interests of the City to adopt a policy to provide guidance to officials on the use and expenditure of City resources, as well as the standards against which those expenditures will be measured.

F. Government Code section 36514. 5 allows the Mayor and City Council Members to be reimbursed for actual and necessary expenses incurred in the performance of their official duties.

G. The travel and expenses reimbursement policy adopted by this resolution is intended to and does satisfy the requirements of Government Code sections 53232.2 and 53232.3.

SECTION 2. Adoption of Reimbursement Policy. The " City of Banning Reimbursement Policy for Elected and Appointed Officials" as amended and set forth in Exhibit A", is hereby adopted, and will apply to all applicable requests for the reimbursement of expenses incurred after the effective date of this resolution.

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

PASSED, APPROVED AND ADOPTED this 23rd day of May 2023.

Resolution 2023- 93

Alberto, Sa e , Mayor
City of Ba ing
418
ATTEST:

Caroline Patton , D
City of Banning

APPROVED AS TO FORM ANO
LEGAL CONTENT:

Serita R . Young, City Atto
Richards, Watson & Gershon
Resolution 2023 -93

419
CERTIFICATION:

I, Caroline Patton, Deputy City Clerk of the City of Banning , California, do hereby certify that the foregoing Resolution 2023-93, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 23rd day of May 2023 by the following vote , to wit:

AYES : Flynn , Sanchez , and Wallace.

NOES:

ABSENT: Gonzales and Minjares.

ABSTAIN:

Resolution 2023- 93

Caroline Patton, De y City Clerk
City of Banning, California
420

EXHIBIT A
Reimbursement Policy for Expenses of Elected and Appointed Officials Resolution 2023- 93

421
City of Banning
Reimbursement Policy for Elected and Appointed Officials

PURPOSE
To establish a policy for the reimbursement of expenses incurred by elected and appointed officials ( hereinafter " officials") of the City of Banning ( City") in the performance of City business. This Policy will be applicable to all elected or appointed members of any legislative body ( as defined in Government Code Section 54952( a), ( b)) of the City, including the City Council, Planning Commission, Parks & Recreation Commission, Utility Authority Board, and any other City- affiliated commission, committee, board, or other body created by ordinance, resolution, or formal action of the City Council.

POLICY
It is the policy of the City to reimburse actual and necessary expenses incurred by officials in the performance of City business.

A. Activities for which Expense Reimbursement may be Granted Expenses incurred in connection with the following types of activities are eligible for reimbursement:

1. Attendance and participation at meetings of the official' s legislative body or at meetings of an advisory body of the legislative body.

2. Attendance and participation at meetings of any body or organization to which the official has been appointed by the official' s governing or legislative body or at which the official serves as a designated representative of the City .

3. Communicating with constituents on matters within the jurisdiction of the official' s legislative body.

4. Attending community events as a representative of the City .

5. Communicating with representatives of local, regional, state, and national government on City matters, policy positions, or legislation that may affect the City. However, the Mayor will be primary representative for activities relating to lobbying efforts. If the Mayor is not available, then the Mayor Pro Tern would be next in line.

6. Participating in local, regional, state, and national organizations and entities whose activities affect City interests.

Reimbursement for expenses incurred with respect to activities not authorized above require prior approval by the City Council or applicable legislative body.

Reimbursement for expenses incurred by a Board Member, Commissioner, or Committee Member require prior approval by the City Manager.

B. Expenses Authorized for Reimbursement

1. Transportation . Transportation expenses incurred in connection with activities authorized under Section A of this Policy are subject to the following requirements:

422
a . Airlines and Other Commercial Carriers : Travel reimbursement is generally limited to coach class fare at government rates or group rates when available . Fares that are equal to or less than those available through the League of California Cities or the State of California
www.catravelsmart .gov ) are presumed to be economical and reasonable for purposes of reimbursement. If rates comparable to those available through the League of California Cities or the State are either not available or the fare to the applicable destination is not specified by these sources , then fares that do not exceed the median retail price of the fares posted on website like www .expedia .com or www.travelocity .com , or an equivalent service will be considered reasonable .
b . Automotive ( Personal Vehicle): Travel using personal vehicles will be reimbursed at the IRS mileage rate in effect at the time. c. Efficiency of Travel : When a personal automobile ( vehicle) is used for travel, reimbursement for mileage shall be paid at the rate in Section 8.1 .b of this policy up to a max imum equal to the lowest reasonable round-trip airfare to the conference/ meeting location . The travel option that is the least costly should be used whenever feasible.
d . Car Rental: Rental vehicles may be used if more economical and reasonable that other forms of transportation . Renta l is generally limited to the most economical and reasonable mid-sized vehicle. Government rates or rental rates that are equal or less than those listed by the State of California ( www .catravelsmart. gov ) will be considered the most reasonable and economical for purposes of reimbursement. If government rates or rates comparable to those listed by the State are either not available or the State does not specify a rate for a particular location, then rental rates that do not exceed the median retail price of the rates posted on websites like www .expdia .com or www .travelocity .com or an equivalent service will be considered reasonable .
e. Taxis/Shuttle : Taxi , shuttle , and ride share fares , when reasonable and necessary will be reimbursed , including a 15% gratuity per fare. 2 . Lodging . Lodging expenses incurred in connection with activities authorized under Section A of this Policy when travel requires an overnight stay are subject to the following requirements:
a. Officials must user government or group rates for lodging when available. b . If lodging is in connect ion with a conference or organized activity , lodging expenses must not exceed the maximum group rate published by the conference or activity sponsor if such rate is available at the time of booking. c . If group or government rates are not available , lodging rates that do not exceed the median retail price for lodging in the areas listed on websites like www.hotels. com or and equivalent service will be considered reasonable.

3. Meals . Meal expenses incurred in connection with activities authorized under Section A of this Policy will be reimbursed at the applicable U.S . General Services Reimbursement Policy for Elected and Appo inted Officials Page 2 of 3 423
Administration ( https ://www .gsa .gov/ travel/ plan- book/ per- diem- rates ) meal rates in effect at the time. Receipts for meals must include a detailed description of items ordered. Alcoholic beverages will not be reimbursed.

4. Miscellaneous Expenses . Actual and necessary miscellaneous business expenses , as defined by the IRS and incurred in connection with activities authorized under section A of this Policy, may be reimbursed.

C. Expenses Not Authorized for Reimbursement
A. The personal portion of any trip;
B . Political or charitable contributions or events;
C. Family Expenses, including partners ' expenses when accompanying the Council Member On City- related business, as well as children or pet related expenses; D. Entertainment expenses, including theatre, movies ( either in-room or at the theatre), Sporting events ( including gym, massage and/ or golf related expenses), or other Cultural events;
E. In-town mileage ;
F. Non- mileage personal automobile expenses , including repairs, traffic citations , Insurance or gasoline ;
G. Alcohol and personal bar expenses;
H. Personal losses incurred while on City business . Any questions regarding the Propriety of a particular type of expense should be resolved by the City Council Before the expense is incurred .

D. Reporting

1. Report Forms . Official should submit their expense reports within 30 calendar days after the end of the month in which the expense was incurred , accompanied by receipts documenting each expense . IN no event may a request for reimbursement be submitted later than the close of the fiscal year in which the expense was incurred absent exigent circumstances.

2. Reports to City Council, Board, or Commission. Each official must briefly report on outside meetings subject to the Brown Act that are attended at public expense at the next regular meeting of the officials ' legislative body. If multiple officials attended such a meeting, a joint report may be made .
3 . Expense Reports as Public Records. All expense reports of officials and City reimbursement expenditures are public records subject to disclosure under the Public Records Act and other applicable laws.

Reimbursement Policy for Elected and Appointed Officials Page 3 of 3 424
City of Banning
Administrative Procedures
Travel & Meeting Policy
POLICY NO:

E-3
ORIGINATING DEPARTMENT:

Administrative Services Department
DIVISION:

Finance
ADOPTION DATE:
01/14/2020
APPROVED BY:

City Council
LAST AMENDED:

SUPERSEDES:

E-1 & E-2
REFERENCE:

B-30
PAGE 1 of 10

PURPOSE
The purpose of this policy is to establish a travel and expense policy for the City of Banning (City) elected officials and City employees when authorized to travel on official City business. Non-City employees shall not be covered under this policy.

BACKGROUND
Occasionally, it is necessary for City personnel to travel to meetings to conduct City business, attend conferences, training seminars and other work related events. To control the costs, and compensate individuals for actual and necessary travel related expenses incurred for a bona fide business purpose, the City has established a travel policy.

POLICY

1. INTRODUCTION
(a) This policy applies to anyone who incurs travel expenses paid by the City of Banning. This policy supersedes all previous travel policies.

1.2 Responsibility of Traveler
(a) City of Banning travelers are expected to spend funds sensibly and plan appropriately so costs do not exceed budgets. Business travel expenses will be paid by the City when expenses are reasonable, appropriately documented, properly authorized, and within the guidelines of this policy. The traveler should neither gain nor lose personal funds as a result of travel. (b) If a check is issued by the City for reimbursement, the check shall be cashed by the traveler within six (6) months of the issue date.

1.3 Traveler and Approver Accountability
(a) Travelers shall not commit City funds until travel is approved in accordance with this policy. (b) IMPORTANT: Travelers shall obtain permission from their own authorized approver prior to engaging in any work related travel. The Finance Department is not responsible for 425
City of Banning
Administrative Procedures
Travel & Meeting Policy
POLICY NO:

E-3
ORIGINATING DEPARTMENT:

Administrative Services Department
DIVISION:

Finance
ADOPTION DATE:
01/14/2020
APPROVED BY:

City Council
LAST AMENDED:

SUPERSEDES:

E-1 & E-2
REFERENCE:

B-30
PAGE 2 of 10
authorizing travel for personnel in other departments. By signing any of the travel forms listed in this policy, authorized approvers have authorized their staff to travel for that single event. (c) Any additional costs resulting from a traveler taking a companion on City travel shall not be reimbursed or paid by the City.
(d) Any additional costs related to traveling prior to, or extending the stay beyond the time necessary to attend the approved meeting, conference, training, convention, and other functions shall not be reimbursed or paid by the City. Approving officials are expected to use appropriate discretion when authorizing their staff to travel to an event prior to the event. (e) Travelers may not authorize reimbursement of their own expenses. The Department Head or designee should approve the reimbursement for all travel. The City Manager will approve travel for all Department Heads.
(f) Reimbursements shall not be requested and made to third parties, or non-employees. (g) The Statement of Expense report shall be submitted within 15 working days after returning from travel. In addition, no future travel advances will be issued during that fiscal year if Statement of Expense reports are pending. Statement of Expense reports must be signed by the traveler, and authorized approver.
(h) Travelers shall document all allowable and authorized travel-related expenditures with itemized receipts, invoices, or other acceptable documentation. Under no circumstance will the City provide reimbursement for an expense over $75.00 without the necessary receipt(s).

1.4 Travel Time
(a) Time traveled to and from the event for non-exempt (hourly) travelers during normal working hours will be counted as time worked. Generally, travel time to the event on City business is limited to the actual dates or a function plus reasonable travel time not to exceed a maximum of twenty-four (24) hours before and /or after the function. 426
City of Banning
Administrative Procedures
Travel & Meeting Policy
POLICY NO:

E-3
ORIGINATING DEPARTMENT:

Administrative Services Department
DIVISION:

Finance
ADOPTION DATE:
01/14/2020
APPROVED BY:

City Council
LAST AMENDED:

SUPERSEDES:

E-1 & E-2
REFERENCE:

B-30
PAGE 3 of 10
(b) No overtime will be provided for travel time to and from the event other than that mandated by the Federal Fair Labor Standards Act (“FLSA”) requirements and/or approved Memorandums of Understanding (MOU). Departments must be aware of the FLSA and MOU requirements when arranging for travel for all non-exempt (hourly) travelers. Travel-related overtime in connection with travel on City business requires authorization from the Supervisor.

2. TRANSPORTATION

2.1 Air Travel
(a) Generally, the lowest priced domestic coach class airfare is available with a 14-day advance purchase. Reservations should be made as soon as travel plans are finalized to receive advance purchase discounts.
(b) Upgrades – City will not reimburse any upgrades from “economy class” to a higher traveling class. Free upgrades or upgrades paid by the traveler must be clearly documented as such in the Statement of Expense Report.
(c) Frequent flyer memberships should not influence travelers to select a flight that is not the lowest priced flight available.
(d) Frequent flyer miles earned by any traveler during City business travel may be retained by the traveler for business or personal use.
(e) Dues for membership in any airport/airline club are not reimbursable. (f) Airlines are responsible for compensating the owners of lost baggage. The City will not reimburse travelers for personal items lost while traveling on business unless approved by the City Manager.
(g) Employees will be reimbursed for excess baggage charges only when traveling with heavy, bulky materials or equipment necessary for business or when traveling for more than seven (7) days.
427
City of Banning
Administrative Procedures
Travel & Meeting Policy
POLICY NO:

E-3
ORIGINATING DEPARTMENT:

Administrative Services Department
DIVISION:

Finance
ADOPTION DATE:
01/14/2020
APPROVED BY:

City Council
LAST AMENDED:

SUPERSEDES:

E-1 & E-2
REFERENCE:

B-30
PAGE 4 of 10
(h) When a trip is canceled after a ticket has been issued, the traveler should inquire with the issuing agent about using the ticket for future travel or processing a refund. The ticket will become property of City and will be used for City purposes only.

2.2 Rental Car
(a) Travelers may rent a vehicle to their business destination when driving is more convenient and less expensive than an airline (this must include the car rental, all additional rental fees and additional parking fees that may be incurred). Travelers must try to utilize a City vehicle whenever available prior to the rental. No mileage will be reimbursed on City vehicles. (b) Reimbursement for gasoline will be allowed at regular gasoline rates. When the rental company requires the vehicle to be returned with a full tank of gasoline (or other specified quantity), the traveler is responsible for adhering to those terms. Incurring consequential fees for not adhering to the rental terms shall not be reimbursed.
(c) Travelers may rent a vehicle at their destination when it is the most convenient or least expensive mode of transportation. Expensive rental rates and parking costs, in addition to the lack of available parking generally makes vehicle rental in large cities impractical. Alternative mode of transportation such as public transit, taxis, Uber, Lyft, airport and hotel shuttles should be given first consideration.
(d) All travelers renting vehicles must comply with all rental agency requirements such as listing driver(s) on the rental agreement, age restrictions, location or state of operation, etc., as well as all state and local laws governing the operation of a motor vehicle. Violations of any requirement of the law (such as driving under the influence, traffic violations, careless or reckless driving, or parking tickets) are the employee’s personal liability. (e) Travelers are required to use intermediate or standard cars. Travelers are responsible for daily rental costs in excess of the approved class as stated above. When traveling in a large group greater than 4, a van, full size, or Sports Utility Vehicle may be rented. When upgrades are available to the traveler they may be taken as long as there is no additional cost to the City. 428
City of Banning
Administrative Procedures
Travel & Meeting Policy
POLICY NO:

E-3
ORIGINATING DEPARTMENT:

Administrative Services Department
DIVISION:

Finance
ADOPTION DATE:
01/14/2020
APPROVED BY:

City Council
LAST AMENDED:

SUPERSEDES:

E-1 & E-2
REFERENCE:

B-30
PAGE 5 of 10
(f) Only City employees, who are renting vehicles for business purposes, are covered under the City’s insurance plan. Spouses, friends and other non-employee listed drivers or passengers are covered only under insurance provided by the rental company or under their own personal insurance. Cost of insurance for these additional non-City employee individuals is not a reimbursable expense. The use of City vehicles is encouraged when available.

2.3 Personal Car Usage Guidelines
(a) Employees may use their personal car for business purposes if it is to save time, transport equipment or reduce costs when a number of people are traveling to the same destination. (b) If a traveler chooses to use a personal car for travel to his/her destination, the cost must be less than or equal to coach class air fare and/or the cost of a rental car. (c) The use of City vehicles is encouraged when available. (d) In addition, if more than one traveler is traveling to the same destination they are encouraged to share transportation whenever possible. It is encouraged for travelers to carpool, and thus claim one (1) mileage reimbursement.
(e) Mileage will be reimbursed from either point of origin to point of travel, or from City Hall to point of travel, whichever distance is less. The Standard Mileage Rate for business is based on the IRS annual bulletin. Mileage will not be granted in advance, and is only eligible for reimbursement.
(f) City employees who receive gas allowance from the City shall not be entitled to mileage reimbursement unless their trip exceeds forty (40) miles round trip from either point of origin to point of travel, or from City Hall to point of travel, whichever distance is less, in which case the employee will be reimbursed for the miles driven, less forty (40) miles. If the reimbursable amount is less that twenty dollars ($20.00), traveler shall not be entitled to mileage reimbursement.
(g) It is the responsibility of the owner of the vehicle being used for business purposes to carry adequate insurance coverage (state mandatory insurance requirement at minimum) for their 429
City of Banning
Administrative Procedures
Travel & Meeting Policy
POLICY NO:

E-3
ORIGINATING DEPARTMENT:

Administrative Services Department
DIVISION:

Finance
ADOPTION DATE:
01/14/2020
APPROVED BY:

City Council
LAST AMENDED:

SUPERSEDES:

E-1 & E-2
REFERENCE:

B-30
PAGE 6 of 10
protection and the protection of any passengers. When using a personal car for City business, an employee’s personal car insurance carrier is the primary insurance carrier. The City’s insurance will only cover up to the City’s statutory limits in liability claims. (h) Travelers will be reimbursed for business usage of personal cars at the Federal Government’s IRS rate per mile. Tolls and parking will be reimbursed.

2.4 Other Transportation
(a) The most economical mode of transportation should be used to and from airline terminals. Many major hotels provide free transportation to and from airports, travelers should inquire for this type of service. Public transportation and shuttle services should be considered. Employees traveling to same location should share ground transportation whenever possible. (b) Under special circumstances, employees and/or management may be granted the permission to travel in a larger vehicle in order to facilitate the travel of larger groups and reduce the cost. The City Manager or designee may grant approval of such transportation. (c) Itemized Receipts should be provided for all ground transportation expenditures. Original Itemized receipts should be provided, when available, for reimbursement of taxi, shuttle, bus or other ground transportation fares.

3. LODGING
(a) Travelers should use standard room accommodations. When making reservations for lodging costs, the traveler should inquire about educational or governmental discounts. Most California hotels honor the City as a governmental agency and all travelers should make an effort in supplying this information to the hotel.

(b) Lodging costs exceeding established GSA rates may be reimbursed at a higher rate if a written statement explaining the reason for the expense is submitted by the department head to the City Manager along with the completed Travel Advance Request form. Lodging costs shall not exceed the maximum group rate published by the conference or activity sponsor, provided that lodging at the group rate is available to the traveler. 430
City of Banning
Administrative Procedures
Travel & Meeting Policy
POLICY NO:

E-3
ORIGINATING DEPARTMENT:

Administrative Services Department
DIVISION:

Finance
ADOPTION DATE:
01/14/2020
APPROVED BY:

City Council
LAST AMENDED:

SUPERSEDES:

E-1 & E-2
REFERENCE:

B-30
PAGE 7 of 10
(c) Non-mandatory hotel related fees for bundled services (such as resort and health club fees) are not reimbursable. Mandatory hotel related fees will be reimbursed with a submission of an itemized receipt.
(d) Travelers must submit an itemized check-out receipt. Booking receipts are not acceptable forms of documentation.

4. MEALS
(a) Per diem allowances must be requested at least two weeks in advance of the day funds are required, or there shall be no obligation on the part of the City for an advance. These funds will be distributed to the requestor no more than seven (7) days prior to the travel date. (b) Per Diem costs for employees traveling out-of-town on City business shall be allowed for meals related to attendance at conventions, scheduled meetings, conferences, seminars, special assignments or an assignment when meals are not already provided by the event host and included with event registration at no additional cost. If it is determined that an event hosted meal only includes a continental breakfast, hors d’oeuvres, or appetizers, the traveler may request per diem in place of these servings, but will have to provide documented information showing that the serving provided by the event host does not include a full meal. (c) When out of town City business requires an employee to leave home one (1) hour earlier than normal worktime, the breakfast meal is allowable. When an employee is required to work out-of-town, or is still in transit two (2) hours past a normal business day, the evening meal is allowable.
(d) The maximum allowance for meals per day is based on the current GSA rates, inclusive of taxes and tips.
(e) The maximum amounts will be increased/decreased as the GSA Standard Meal Allowance rate is adjusted.
(f) An event agenda as well as proof of event registration shall be submitted with any request for meal allowance to be eligible to receive any meal allowances, if available. 431
City of Banning
Administrative Procedures
Travel & Meeting Policy
POLICY NO:

E-3
ORIGINATING DEPARTMENT:

Administrative Services Department
DIVISION:

Finance
ADOPTION DATE:
01/14/2020
APPROVED BY:

City Council
LAST AMENDED:

SUPERSEDES:

E-1 & E-2
REFERENCE:

B-30
PAGE 8 of 10
(g) Where the cost of a meal is included as part of a registration charge or fee, no per diem allowance, nor reimbursement may be claimed for that meal. (h) No reimbursement shall be made for alcoholic or Cannabis infused beverages of any kind. (i) Special situations may be considered on a case-by-case basis. A memo from the traveler to the department head is required and the department head’s approval must be attached to the Advance Request form and the Statement of Expense form.

5. USE OF TRAVEL FORMS

5.1 The following list of forms may be applicable to travel authorization and expenses:
• Travel Advance
• Requisition (only when requesting use of Purchasing credit card) • Statement of Expense

5.2 Travel Advance:
(a) When a traveler requires advance pay for a planned trip on official City business, they shall fill out a “Travel Advance” form which shall be signed by both the traveler and the authorized approver with event documentation attached. By signing this form, the approver is authorizing both the travel and advance pay. When payment is being requested, the signed Travel Advance form and appropriate documentation shall be submitted to Finance for payment. (b) If the traveler wishes to have expenses paid in advance by the Purchasing Division via credit card, the signed Travel Advance and appropriate documentation shall be submitted to the Purchasing Division with an approved “Requisition.”
(c) Upon completion of travel, a Statement of Expense must be filed per the requirements below.

Failure to provide the required documentation will result in the denial of future advances.

5.3 Statement of Expense:
432
City of Banning
Administrative Procedures
Travel & Meeting Policy
POLICY NO:

E-3
ORIGINATING DEPARTMENT:

Administrative Services Department
DIVISION:

Finance
ADOPTION DATE:
01/14/2020
APPROVED BY:

City Council
LAST AMENDED:

SUPERSEDES:

E-1 & E-2
REFERENCE:

B-30
PAGE 9 of 10
(a) All reimbursement requests must be accompanied by a statement of expense form. If no travel advance pay was requested/provided to the traveler before an authorized City business trip, the traveler may be reimbursed after their return by filling out a Statement of Expense form with all travel related itemized receipts and documentation attached. The Statement of Expense form shall be signed by both the traveler and an authorized approver. By signing this form, the approver has authorized both the travel, and the reimbursable expenses to be paid out of their department’s budgeted account. The signed Statement of Expense form and appropriate documentation shall be submitted to Finance for payment in order for the traveler to be reimbursed by the City.
(b) By signing any/all of these forms, the authorized approver has audited the forms, receipts, and other applicable documentation, and authorized the travel and payment to the traveler within the constraints of this policy and their budget accounts. (c) All travel forms, expense reimbursements and associated documents are considered public records, and are subject to disclosure under the California Public Records Act. Penalties for the misuse of public resources or falsifying expense reports in violations of reporting policies may include, but are not limited to, the penalties specified in Government Code section 53232.4.

6. PROHIBITED ITEMS FOR REIMBURSEMENT
• Alcoholic or Cannabis infused beverages
• Upgrades to airline seating
• Dues/memberships to airline club(s)
• Personal items lost during travel
• Excess baggage charges (except as approved in the “air travel” section of the policy) • Upgrades from intermediate or standard rental vehicles • Insurance to cover non-City employee passengers
• Car repairs
• Rental car costs during repair of personal car
• Tickets, fines, or traffic violations
• Damage to personal vehicle
433
City of Banning
Administrative Procedures
Travel & Meeting Policy
POLICY NO:

E-3
ORIGINATING DEPARTMENT:

Administrative Services Department
DIVISION:

Finance
ADOPTION DATE:
01/14/2020
APPROVED BY:

City Council
LAST AMENDED:

SUPERSEDES:

E-1 & E-2
REFERENCE:

B-30
PAGE 10 of 10
• Theft of personal vehicle or vehicle content
• Non-mandatory resort or health club fees at hotels
• Any personal expenses including, but not limited to the following:
o Dry cleaning
o Hotel movies
o Other entertainment
o Donations
• If requesting reimbursement for ANY items not mentioned in this policy, reimbursement will be subject to the approval of the City Manager.
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2024 Session Materials
 2024 Annual Conference Program
 2024 Playbook for Developments in Municipal Finance Law and Policy  A Collaborative Approach to Combat Fentanyl
 Are Cities Ready for an Electric Future
 Are You Ready for Disaster - Implementing Effective Crisis Management in the Early Stages of an Event
 Battling Misinformation in the Age of Artificial Intelligence  Building Vibrant Communities Leveraging Partnerships for Fun and Engagement  California Economic Forecast - Navigating Economic Trends  Capital Improvement Funding for Technology and Innovation Within Cities - Black Leadership for Economic Development
 City Clerks Workshop - Local Democracy in the United States - Institutions, Trust, and Public Policy
 City Successes in Responding to Homelessness
 Code Enforcement
 Cyber Security and IT Strategy for Municipalities
 Don't Confuse Kindness with Weakness How to Handle Disruptive Public Meetings
 Economic Development and Public Finance - New Best Friends Forever  Empowering Latino Homeownership - An Action Plan - Mojica  Essential Tips for Effective Council Meetings
 Harassment Prevention Training for Supervisors and Officials - AB 1661 Training  Housing Law Jeopardy
 How a Transparency Portal Can Improve Accountability and Inform Citizens  How Embedded Acoustic Lead Detection is Resolving Non-Revenue Water Loss  How to Integrate Real-Time Crime Centers and Advanced Training Simulators  How Your City Can Help Secure Residents the Best Possible Insurance Rates - Molloy
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 Integrating Higher Education and Public Sector Employment  Main Street Climate Resiliency - Urban and Rural Solutions  Maximize Inflation Reduction Act Funding for Your Community  Navigating Homelessness - Press Release Orange County Continuum of Care Approves Funding for Regional Navigation Centers
 Navigating Homelessness - A Successful Regional Partnership in North Orange County
 Navigating Homelessness - Orange & Los Angeles Counties  Navigating Homelessness - Orange County Service Planning Areas Map  Show Me the Money - Evaluating and Explaining Your City’s Financial Condition (3)
 Teamwork Makes the Dream Work - Effective City Council-City Manager Relationships Create Thriving Communities
 The AI Advantage - Automating Road Assessments for More Accurate Pavement Management
 The Rise of E-Bikes
 Trolls on Social Media Can I Block Them
 Understanding Public Service Ethics Laws & Principles - AB 1234 Training  Where the Sidewalk Will End - The Dire Outlook For State Transportation Funding
 Winning Fistfuls of Dollars for Cities
 Wildfire Prevention and Preparedness
 Your Housing Element is Certified! Now What
MCLE Session Materials
See the MCLE session schedule here.

Read all Speaker Bios here.

Download all Whitepapers here.

LAC Report here
General Municipal Litigation Update
Speakers: Mark J. Austin, Partner, Burke Williams & Sorensen 446
Matthew Slentz, Senior Counsel, Colantuono, Highsmith & Whatley, PC Paper | Presentation
Hate-Bombing and Poetry Recitations: Handling Disruptive Public Comment Speakers: Amy Ackerman, Partner, Renne Public Law Group Eli Beckman, Mayor, Corte Madera
Jonathan V. Holtzman, Founding Partner, Renne Public Law Group Paper | Presentation
Land Use and CEQA Litigation
Speakers: Christie Crowl, Partner, Jarvis Fay
John Luebberke, Of Counsel, Herum Crabtree Suntag
Paper | Presentation
Development Agreements - All You Need To Know For Successful Development Speaker: Gabrielle Janssens, Goldfarb & Lipman LLP
Karen Tiedemann, Goldfarb & Lipman LLP
Paper | Presentation
The Builder’s Remedy: Fear and Trembling and Local Control Speakers: Dave Rand, Founding Partner, Rand Paster & Nelson LLP Susan Cola, Assistant City Attorney, Santa Monica
Barbara Kautz, Partner, Goldfarb & Lipman LLP
Paper | Presentation
Improving Civility
Speaker: Honorable Wendy Chang, Judge, Los Angeles Superior Court, Member, California Civility Task Force
Honorable Mary H. Strobel (Retired), Signature Resolution Paper | Presentation
Labor and Employment Litigation
Speakers: Elizabeth Tom Arce, Partner, Liebert Cassidy Whitmore Jennifer Rosner, Partner, Liebert Cassidy Whitmore
Paper | Presentation | Handout
Homeless Enforcement in Light of Boise, Grants Pass, and Supreme Court Review!
Speaker: Curtis Wright, Managing Partner, Serviam by Wright LLP Paper | Presentation
Municipal Tort and Civil Rights Litigation
Speaker: Sean Richmond, Senior Deputy City Attorney, Sacramento Paper | Presentation
447
A Comprehensive Update on the Evolving Landscape of Tenant Protections Speaker: Nazanin Salehi, Associate, Goldfarb & Lipman LLP Thomas Webber, Associate, Goldfarb & Lipman LLP
Paper | Presentation
Surplus Land Act (Part 2)
Speakers: Jena S. Acos, City Attorney, Carpinteria, Brownstein Hyatt Farber Schreck, LLP
Sydne Rennie, Associate Attorney, Brownstein Hyatt Farber Schreck, LLP Paper | Presentation
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DocuSign Envelope ID: 75B7F2A0-D9F3-4102-A11B-C17C93EF9220 243 462

GRANT AGREEMENT BETWEEN THE STATE OF CALIFORNIA
(DEPARTMENT OF WATER RESOURCES) AND

CITY OF BANNING
AGREEMENT NUMBER 4600015401
PROPOSITION 1 ROUND 2 INTEGRATED REGIONAL WATER MANAGEMENT (IRWM)

IMPLEMENTATION GRANT
THIS GRANT AGREEMENT is entered into by and between the Department of Water Resources of the State of California, herein referred to as the "State" or “DWR,” and the City of Banning, a public agency in the State of California, duly organized, existing, and acting pursuant to the laws thereof, herein referred to as the "Grantee," which parties do hereby agree as follows:
1) PURPOSE. The State shall provide funding from the Water Quality, Supply, and Infrastructure Improvement Act of 2014 (Proposition 1) to the Grantee to assist in financing the projects, which are included in and implemented in an adopted Integrated Regional Water Management Plan (IRWM Plan), pursuant to Chapter 7. Regional Water Security, Climate, and Drought Preparedness (Wat. Code, § 79740 et seq.). The provision of State funds pursuant to this Agreement shall be construed or interpreted to mean that the IRWM Plan, or any components of the IRWM Plan, implemented in accordance with the Work Plan as set forth in Exhibit A, has been adopted through the IRWM Plan Review Process, and is/are consistent with Water Code section 10530 et seq.
2) TERM OF GRANT AGREEMENT. The term of this Grant Agreement begins on May 6, 2023, through final payment plus three (3) years unless otherwise terminated or amended as provided in this Grant Agreement. However, all work shall be completed by December 31, 2025, in accordance with the Schedule as set forth in Exhibit C and no funds may be requested after March 31, 2026. 3) GRANT AMOUNT. The maximum amount payable by the State under this Grant Agreement shall not exceed $1,912,755.
4) GRANTEE COST SHARE. Not applicable to this Agreement. 5) BASIC CONDITIONS. The State shall have no obligation to disburse money for the Project(s) under this Grant Agreement until the Grantee has satisfied the following conditions (if applicable):

A. The Grantee shall demonstrate compliance with all eligibility criteria as set forth on pages 9-11, inclusive, of the 2022 IRWM Grant Program Guidelines (2022 Guidelines).

B. For the term of this Agreement, the Grantee shall submit Quarterly Progress Reports which must accompany an invoice ($0 Invoices are acceptable) and all invoice backup documentation. The Quarterly Progress Report shall be submitted within 60 days following the end of the calendar quarter (i.e., reports due May 30, August 29, November 29, and March 1) and all other deliverables as required by Paragraph 14, “Submission of Reports” and Exhibit A, “Work Plan”.

C. Prior to the commencement of construction or implementation activities, if applicable, the Grantee shall submit the following to the State.
i. Final plans and specifications certified, signed and stamped by a California Registered Civil Engineer (or equivalent registered professional as appropriate) to certify compliance for each approved project as listed in Exhibit A of this Grant Agreement. ii. Work that is subject to the California Environmental Quality Act (CEQA) (including final land purchases) shall not proceed under this Grant Agreement until the following actions are performed:
a) The Grantee submits to the State all applicable permits, as indicated on the Environmental Information Form to the State,
b) All documents that satisfy the CEQA process are received by the State, DocuSign Envelope ID: 75B7F2A0-D9F3-4102-A11B-C17C93EF9220 244 463
Grant Agreement No. 4600015401

c) The State has completed its CEQA process as a Responsible Agency, and d) The Grantee receives written notification from the State of concurrence with the Lead Agency’s CEQA documents (s) and State’s notice of verification of permit submittal.

The State’s concurrence of Lead Agency’s CEQA documents is fully discretionary and shall constitute a condition precedent to any work (i.e., construction or implementation activities) for which it is required. Once CEQA documentation has been completed, the State will consider the environmental documents and decide whether to continue to fund the project, or to require changes, alterations, or other mitigation. Proceeding with work subject to CEQA prior to the State’s concurrence shall constitute a material breach of this Agreement. The Grantee or Local Project Sponsor (LPS) shall also demonstrate that it has complied with all applicable requirements of the National Environmental Policy Act (NEPA) by submitting copies of any environmental documents, including Environmental Impact Statements, Finding of No Significant Impact, mitigation monitoring programs, and environmental permits as may be required prior to beginning construction/ implementation. iii. A monitoring plan as required by Paragraph 16, “Monitoring Plan Requirements,” if applicable. 6) DISBURSEMENT OF FUNDS. The State will disburse to the Grantee the amount approved, subject to the availability of funds through normal State processes. Notwithstanding any other provision of this Grant Agreement, no disbursement shall be required at any time or in any manner which is in violation of, or in conflict with, federal or state laws, rules, or regulations, or which may require any rebates to the federal government, or any loss of tax-free status on state bonds, pursuant to any federal statute or regulation.

Any and all money disbursed to the Grantee under this Grant Agreement shall be deposited in a noninterest-bearing account and shall be used solely to pay Eligible Project Costs. 7) ELIGIBLE PROJECT COST. The Grantee shall apply State funds received only to Eligible Project Costs in accordance with applicable provisions of the law and Exhibit B, “Budget”. Eligible Project Costs include the reasonable costs of studies, engineering, design, land and easement acquisition and associated legal fees, preparation of environmental documentation, environmental mitigations, monitoring, and project construction. Reimbursable administrative expenses are the necessary costs incidental but directly related to the Project included in this Agreement. Costs incurred after the May 5, 2023, may be eligible for reimbursement.

Costs that are not eligible for reimbursement include, but are not limited to, the following items:

A. Costs, other than those noted above, incurred prior to the award date of this Grant.

B. Costs for preparing and filing a grant application.

C. Operation and maintenance costs, including post construction performance and monitoring costs.

D. Purchase of equipment that is not an integral part of a project.

E. Establishing a reserve fund.

F. Purchase of water supply.

G. Replacement of existing funding sources (e.g., bridge loans).

H. Meals, food items, or refreshments.

I. Payment of any punitive regulatory agency requirement, federal or state taxes.

J. Purchase of land in excess of the minimum required acreage necessary to operate as an integral part of a project, as set forth and detailed by engineering and feasibility studies, or acquisition of land by eminent domain.

K. Indirect Costs. “Indirect Costs” means those costs that are incurred for a common or joint purpose benefiting more than one cost objective and are not readily assignable to the funded project (i.e., costs DocuSign Envelope ID: 75B7F2A0-D9F3-4102-A11B-C17C93EF9220 245 464
Grant Agreement No. 4600015401

that are not directly related to the funded project). Examples of Indirect Costs include, but are not limited to: central service costs; general administration of the Grantee or LPSs; non-project-specific accounting and personnel services performed within the Grantee’s or LPS’ organization; depreciation or use allowances on buildings and equipment; the costs of operating and maintaining non-projectspecific facilities; tuition and conference fees; forums, trainings, and seminars; and, generic overhead or markup. This prohibition applies to the Grantee, LPSs, and any subcontract or sub-agreement for work on the Project that will be reimbursed pursuant to this Agreement.

L. Mitigation for environmental impacts not resulting from implementation of the Project funded by this program.

M. Costs incurred as part of any necessary response and cleanup activities required under the Comprehensive Environmental Response, Compensation, and Liability Act; Resource Conservation and Recovery Act; Hazardous Substances Account Act; or other applicable law. 8) METHOD OF PAYMENT. After the disbursement requirements in Paragraph 5, “Basic Conditions” are met, the State will disburse the whole or portions of State funding to the Grantee, following receipt from the Grantee of an electronic invoice certified and transmitted via electronic/digital signature system (e.g., DocuSign) or via US mail or Express mail delivery of a “wet signature” for costs incurred, including Local Cost Share, and timely Quarterly Progress Reports as required by Paragraph 14, “Submission of Reports.” Payment will be made no more frequently than quarterly, in arrears, upon receipt of an invoice bearing the Grant Agreement number. Quarterly Progress Report must accompany an invoice ($0 Invoices are acceptable) and shall be submitted within 60 days following the end of the calendar quarter (i.e. invoices due May 30, August 29, November 29, and March 1). The State will notify the Grantee, in a timely manner, whenever, upon review of an invoice, the State determines that any portion or portions of the costs claimed are not eligible costs or is not supported by documentation or receipts acceptable to the State. The Grantee may, within thirty (30) calendar days of the date of receipt of such notice, submit additional documentation to the State to cure such deficiency(ies). If the Grantee fails to submit adequate documentation curing the deficiency(ies), the State will adjust the pending invoice by the amount of ineligible or unapproved costs.

Invoices submitted by the Grantee shall include the following information:

A. Costs incurred for work performed in implementing the Project during the period identified in the particular invoice.

B. Costs incurred for any interests in real property (land or easements) that have been necessarily acquired for a project during the period identified in the particular invoice for the implementation of a project.

C. Invoices shall be submitted on forms provided by the State and shall meet the following format requirements:
i. Invoices shall contain the date of the invoice, either the time period covered by the invoice or the invoice date received within the time period covered, and the total amount due. ii. Invoices shall be itemized based on the categories (i.e., tasks) specified in Exhibit B, “Budget.” The amount claimed for salaries/wages/consultant fees shall include a calculation formula (i.e., hours or days worked times the hourly or daily rate = the total amount claimed). iii. One set of sufficient evidence (i.e., receipts, copies of checks, personnel hours’ summary table, time sheets) shall be provided for all costs included in the invoice. iv. Each invoice shall clearly delineate those costs claimed for reimbursement from the State’s funding amount, as depicted in Paragraph 3, “Grant Amount” and those costs that represent the Grantee’s costs, as applicable, in Paragraph 4, “Grantee Cost Share.” DocuSign Envelope ID: 75B7F2A0-D9F3-4102-A11B-C17C93EF9220 246 465
Grant Agreement No. 4600015401

v. Original signature and date of the Grantee’s Project Representative. Submit an electronic invoice, certified and transmitted via electronic/digital signature system (e.g., DocuSign), from authorized representative to the Project Manager or the original “wet signature” copy of the invoice form to the Project Manager at the following address: P.O. Box 942836 Sacramento, CA 94236.

All invoices submitted shall be accurate and signed under penalty of law. Any and all costs submitted pursuant to this Agreement shall only be for the tasks set forth herein. The Grantee shall not submit any invoice containing costs that are ineligible or have been reimbursed from other funding sources unless required and specifically noted as such (i.e., cost share). Any eligible costs for which the Grantee is seeking reimbursement shall not be reimbursed from any other source. Double or multiple billing for time, services, or any other eligible cost is illegal and constitutes fraud. Any suspected occurrences of fraud, forgery, embezzlement, theft, or any other misuse of public funds may result in suspension of disbursements of grant funds and/or termination of this Agreement requiring the repayment of all funds disbursed hereunder plus interest. Additionally, the State may request an audit pursuant to Standard Condition D.5 and refer the matter to the Attorney General’s Office or the appropriate district attorney’s office for criminal prosecution or the imposition of civil liability. (Civ. Code, §§ 1572-1573; Pen. Code, §§ 470, 487-489.)
9) ADVANCED PAYMENT. Water Code section 10551 authorizes advanced payment by the State for projects included and implemented in an applicable Integrated Regional Water Management Plan, and when the project proponent is a nonprofit organization; a disadvantaged community (DAC); or the project benefits a DAC. If a project is awarded less than $1,000,000 in grant funds, the project proponent may receive an advanced payment of fifty (50) percent of the grant award; the remaining fifty (50) percent of the grant award will be reimbursed in arrears after the advanced funds of a budget category have been fully expended. Within ninety (90) calendar days of execution of the Grant Agreement, the Grantee may provide the State an Advanced Payment Request. Advanced Payment Requests received ninety-one (91) calendar days after the execution of this Agreement will not be eligible to receive an advanced payment.

The Advanced Payment Request shall contain the following:

A. Documentation demonstrating that each Local Project Sponsor (if different from the Grantee, as listed in Exhibit I) was notified about their eligibility to receive an advanced payment and a response from the Local Project Sponsor stating whether it wishes to receive the advanced payment or not.

B. If the Grantee is requesting the advanced payment, the request(s) shall include:
i. Descriptive information of each project with an update on project status. ii. The names of the entities that will receive the funding for each project, including, but not limited to, an identification as to whether the project proponent or proponents are nonprofit organizations or a DAC, or whether the project benefits a DAC.
iii. A detailed Funding Plan which includes how the advanced payment will be expended (in terms of workplan, budget, and schedule) within the timeframe agreed upon by DWR and the Grantee. The Funding Plan must clearly identify the total budget (at Budget Category Level) for each project clearly showing the portion of advanced payment and reimbursement funds. iv. Any other information that DWR may deem necessary.

C. Upon review and approval of the Advanced Payment Request, DWR will authorize payment of the fully requested amount for the qualified project(s). Based on the project’s Funding Plan and other considerations, DWR may determine it is not prudent to advance the full request in a single disbursement. In such a case, DWR will develop a “Disbursement Schedule,” to disburse funds in installments. This Disbursement Schedule may change based on the project’s ongoing compliance with the Advanced Payment requirements and the project’s cash flow needs.

D. Once DWR authorizes the Advanced Payment Request, the Grantee shall submit Advanced Payment Invoice(s) for the initial amount based on the “Disbursement Schedule” on behalf of the LPS(s), DocuSign Envelope ID: 75B7F2A0-D9F3-4102-A11B-C17C93EF9220 247 466
Grant Agreement No. 4600015401

containing the request for each qualified project, to the State with signature and date of the Grantee’s Project Representative, as indicated in Paragraph 21, “Project Representative.” The Grantee shall be responsible for the timely distribution of the advanced funds to the respective LPS(s). The Advanced Payment Invoice(s) shall be submitted on forms provided by the State and shall meet the following format requirements:
i. Invoice shall contain the date of the invoice, the time period covered by the invoice, and the total amount due.
ii. Invoice shall be itemized based on the budget categories specified in Exhibit B, “Budget.” iii. The State Project Manager will notify the Grantee, in a timely manner, when, upon review of an Advance Payment Invoice, the State determines that any portion or portions of the costs claimed are not eligible costs. The Grantee may, within thirty (30) calendar days of the date of receipt of such notice, submit additional documentation to cure such deficiency(ies). iv. On a quarterly basis, the Grantee will submit an Accountability Report to the State that demonstrates how actual expenditures compare with the scheduled budget. The Accountability Report shall include the following information:

1. An itemization of how advanced funds have been spent to-date (Expenditure Report), including documentation that supports the disbursements (e.g., contractor invoices, receipts, personnel hours, etc.). Accountability Reports shall be itemized based on the budget categories (i.e., tasks) specified in Exhibit B.

2. An updated Accountability Report including an updated Funding Plan that depicts how the remaining advanced funds will be expended and the activities and deliverables associated with the advanced funds within the timeframe agreed upon by DWR and the Grantee when the advanced payment request was approved.

3. Documentation that the funds were placed in a non-interest bearing account, including the dates of deposits and withdrawals from that account.

4. Proof of distribution of advanced funds to LPS(s), if applicable. v. The State’s Project Manager will notify the Grantee, in a timely manner, when, upon review of the Accountability Report, the State determines that any portion of the expenditures claimed are not eligible costs. The Grantee may, within thirty (30) calendar days of the date of receipt of such notice, submit additional documentation to cure such deficiency(ies). If costs are not consistent with the tasks in Exhibit A, the State will reject the claim and remove them from the Accountability Report.

E. Once the Grantee has spent all advanced funds in a budget category, then the method of payment will revert to the reimbursement process for that budget category specified in Paragraph 8, “Method of Payment for Reimbursement.”
10) REPAYMENT OF ADVANCES. The State may demand repayment from the Grantee of all or any portion of the advanced State funding along with interest at the California general obligation bond interest rate at the time the State notifies the Grantee, as directed by the State, and take any other action that it deems necessary to protect its interests for the following conditions:

A. A project is not being implemented in accordance with the provisions of the Grant Agreement.

B. The Grantee has failed in any other respect to comply with the provisions of this Grant Agreement, and if the Grantee does not remedy any such failure to the State’s satisfaction.

C. Failure by the Grantee to submit complete and accurate quarterly Accountability Reports by the required due dates, unless otherwise approved by DWR.

D. Failure to deposit funds in a non-interest-bearing account.

DocuSign Envelope ID: 75B7F2A0-D9F3-4102-A11B-C17C93EF9220 248 467
Grant Agreement No. 4600015401

E. Use of Advance Payment funds for ineligible expenses and/or activities not consistent with this Agreement.

F. Inappropriate use of funds, as deemed by DWR.

G. Repayment amounts may also include:
i. Actual costs incurred which are not consistent with the activities presented in Exhibit A, not supported, or are ineligible.
ii. Advanced funds which are not fully expended by project completion, notwithstanding Water Code section 10551(c)(4). Unused grant funds shall be returned to DWR within sixty (60) calendar days.

Any repayment of advanced funds may consist of reducing the amount from future reimbursement invoices. The State may consider the Grantee’s refusal to repay the requested advanced amount a material breach of this Agreement subject to the default provisions in Paragraph 12, “Default Provisions.” If the State notifies the Grantee of its decision to demand repayment or withhold the entire funding amount from the Grantee pursuant to this Paragraph, this Grant Agreement shall terminate upon receipt of such notice by the Grantee and the State shall no longer be required to provide funds under this Agreement. 11) WITHHOLDING OF DISBURSEMENTS BY THE STATE. If the State determines that a project is not being implemented in accordance with the provisions of this Grant Agreement, or that the Grantee has failed in any other respect to comply with the provisions of this Grant Agreement, and if the Grantee does not remedy any such failure to the State’s satisfaction, the State may withhold from the Grantee all or any portion of the State funding and take any other action that it deems necessary to protect its interests.

Where a portion of the State funding has been disbursed to the Grantee and the State notifies the Grantee of its decision not to release funds that have been withheld pursuant to Paragraph 12, “Default Provisions,” the portion that has been disbursed shall thereafter be repaid immediately with interest at the California general obligation bond interest rate at the time the State notifies the Grantee, as directed by the State. The State may consider the Grantee’s refusal to repay the requested disbursed amount a material breach subject to the default provisions in Paragraph 12, “Default Provisions.” If the State notifies the Grantee of its decision to withhold the entire funding amount from the Grantee pursuant to this Paragraph, this Grant Agreement shall terminate upon receipt of such notice by the Grantee and the State shall no longer be required to provide funds under this Grant Agreement and the Grant Agreement shall no longer be binding on either party.
12) DEFAULT PROVISIONS. The Grantee shall be in default under this Grant Agreement if any of the following occur:

A. Substantial breaches of this Grant Agreement, or any supplement or amendment to it, or any other Agreement between the Grantee and the State evidencing or securing the Grantee’s obligations.

B. Making any false warranty, representation, or statement with respect to this Grant Agreement or the application filed to obtain this Grant Agreement.

C. Failure to operate or maintain the Project in accordance with this Grant Agreement.

D. Failure to make any remittance required by this Grant Agreement, including any remittance recommended as the result of an audit conducted pursuant to Standard Condition D.5.

E. Failure to submit quarterly progress reports pursuant to Paragraph 5.

F. Failure to routinely invoice the State pursuant to Paragraph 8.

G. Failure to meet any of the requirements set forth in Paragraph 13, “Continuing Eligibility.” Should an event of default occur, the State shall provide a notice of default to the Grantee and shall give the Grantee at least ten (10) calendar days to cure the default from the date the notice is sent via firstclass mail to the Grantee. If the Grantee fails to cure the default within the time prescribed by the State, the State may do any of the following:

DocuSign Envelope ID: 75B7F2A0-D9F3-4102-A11B-C17C93EF9220 249 468
Grant Agreement No. 4600015401

A. Declare the funding be immediately repaid, with interest, which shall be equal to State of California general obligation bond interest rate in effect at the time of the default.

B. Terminate any obligation to make future payments to the Grantee.

C. Terminate the Grant Agreement.

D. Take any other action that it deems necessary to protect its interests.

In the event the State finds it necessary to enforce this provision of this Grant Agreement in the manner provided by law, the Grantee agrees to pay all costs incurred by the State including, but not limited to, reasonable attorneys' fees, legal expenses, and costs.
13) CONTINUING ELIGIBILITY. The Grantee shall meet the following ongoing requirement(s) and all eligibility criteria outlined in the 2022 Guidelines to remain eligible to receive State funds:

A. An urban water supplier that receives grant funds pursuant to this Agreement shall maintain compliance with the Urban Water Management Planning Act (UWMP; Wat. Code, § 10610 et seq.) and Sustainable Water Use and Demand Reduction (Wat. Code, § 10608 et seq.) as set forth on page 11 of the 2022 Guidelines and as stated on page 24 of the 2022 IRWM Implementation Grant Proposal Solicitation Package.

B. An agricultural water supplier receiving grant funds shall comply with Sustainable Water Use and Demand Reduction requirements outlined in Water Code section 10608, et seq. and have their Agricultural Water Management Plan (AWMP) deemed consistent by DWR. To maintain eligibility and continue funding disbursements, an agricultural water supply shall have their 2015 AWMP identified on the State’s website. For more information, visit the website listed in Appendix A in the 2022 Guidelines.

C. A surface water diverter receiving grant funds shall maintain compliance with diversion reporting requirements as outlined in Water Code section 5100 et. seq.

D. If applicable, the Grantee shall demonstrate compliance with the Sustainable Groundwater Management Act (SGMA) set forth on page 10 of the 2022 Guidelines.

E. If the Grantee has been designated as a monitoring entity under the California Statewide Groundwater Elevation Monitoring (CASGEM) Program, the Grantee shall maintain reporting compliance, as required by Water Code section 10932 and the CASGEM Program.

F. The Grantee shall adhere to the protocols developed pursuant to The Open and Transparent Water Data Act (Wat. Code, § 12406, et seq.) for data sharing, transparency, documentation, and quality control.

G. On March 4, 2022, the Governor issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. The EO may be found at:
https://www.gov.ca.gov/wp-content/uploads/2022/03/3.4.22-Russia-Ukraine-Executive-Order.pdf. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under State law. The EO directs DWR to terminate funding agreements with, and to refrain from entering any new agreements with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should the State determine that the Grantee is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this Agreement. The State shall provide the Grantee advance written notice of such termination, allowing the Grantee at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the State.
14) SUBMISSION OF REPORTS. The submittal and approval of all reports is a requirement for the successful completion of this Grant Agreement. Reports shall meet generally accepted professional standards for technical reporting and shall be proofread for content, numerical accuracy, spelling, and grammar prior to DocuSign Envelope ID: 75B7F2A0-D9F3-4102-A11B-C17C93EF9220 250 469
Grant Agreement No. 4600015401

submittal to the State. All reports shall be submitted to the State’s Project Manager and shall be submitted via the DWR “Grant Review and Tracking System” (GRanTS). I f requested, the Grantee shall promptly provide any additional information deemed necessary by the State for the approval of reports.

Reports shall be presented in the formats described in the applicable portion of Exhibit F, “Report Formats and Requirements.” The timely submittal of reports is a requirement for initial and continued disbursement of State funds. Submittal and subsequent approval by the State of a Project Completion Report is a requirement for the release of any funds retained for such project.

A. Quarterly Progress Reports: The Grantee shall submit quarterly Progress Reports to meet the State’s requirement for disbursement of funds. Progress Reports shall be uploaded via GRanTS, and the State’s Project Manager notified of upload. Progress Reports shall, in part, provide a brief description of the work performed, the Grantee’s activities, milestones achieved, any accomplishments and any problems encountered in the performance of the work under this Grant Agreement during the reporting period. The first Progress Report must accompany an invoice ($0 Invoices are acceptable) and shall be submitted within 60 days following the end of the calendar quarter (i.e., invoices due May 30, August 29, November 29, and March 1).

B. Accountability Report: The Grantee shall prepare and submit to the State an Accountability Report on a quarterly basis if the Grantee received an advanced payment, consistent with the provisions in Paragraph 9, “Advanced Payment.”
C. Project Completion Report: The Grantee shall prepare and submit to the State a separate Project Completion Report for each project included in Exhibit A. The Grantee shall submit a Project Completion Report (or a Component Completion Report, if a Project has multiple Components) within ninety (90) calendar days of Project/Component completion as outlined in Exhibit F.

D. Grant Completion Report: Upon completion of all the Projects included in Exhibit A, the Grantee shall submit to the State a Grant Completion Report. The Grant Completion Report shall be submitted within ninety (90) calendar days of submitting the Completion Report for the final project to be completed under this Grant Agreement, as outlined in Exhibits A, and F. Retention for any grant administration line items in the Budget of this Grant Agreement will not be disbursed until the Grant Completion Report is approved by the State.

E. Post-Performance Reports: The Grantee shall prepare and submit to the State Post-Performance Reports for the applicable project(s). Post-Performance Reports shall be submitted to the State within ninety (90) calendar days after the first operational year of a project has elapsed. This record keeping and reporting process shall be repeated annually for a total of three (3) years after the project begins operation.
15) OPERATION AND MAINTENANCE OF PROJECT. For the useful life of construction and implementation projects and in consideration of the funding made by the State, the Grantee agrees to ensure or cause to be performed the commencement and continued operation of the project, and shall ensure or cause the project to be operated in an efficient and economical manner; shall ensure all repairs, renewals, and replacements necessary to the efficient operation of the same are provided; and shall ensure or cause the same to be maintained in as good and efficient condition as upon its construction, ordinary and reasonable wear and depreciation excepted. The State shall not be liable for any cost of such maintenance, management, or operation. The Grantee or their successors may, with the written approval of the State, transfer this responsibility to use, manage, and maintain the property. For purposes of this Grant Agreement, “useful life” means period during which an asset, property, or activity is expected to be usable for the purpose it was acquired or implemented; “operation costs” include direct costs incurred for material and labor needed for operations, utilities, insurance, and similar expenses, and “maintenance costs” include ordinary repairs and replacements of a recurring nature necessary for capital assets and basic structures and the expenditure of funds necessary to replace or reconstruct capital assets or basic structures. Refusal by the Grantee to ensure operation and maintenance of the projects in accordance with this provision may, at the option of the State, be considered a breach of this Grant Agreement and may be treated as default under Paragraph 12, “Default Provisions.” DocuSign Envelope ID: 75B7F2A0-D9F3-4102-A11B-C17C93EF9220 251 470
Grant Agreement No. 4600015401

16) MONITORING PLAN REQUIREMENTS. A Monitoring Plan shall be submitted to the State prior to disbursement of State funds for construction or monitoring activities. The Monitoring Plan should incorporate Post-Performance Monitoring Report requirements as defined and listed in Exhibit F, and follow the guidance provided in Exhibit L, “Project Monitoring Plan Guidance.” 17) STATEWIDE MONITORING REQUIREMENTS. The Grantee shall ensure that all groundwater projects and projects that include groundwater monitoring requirements are consistent with the Groundwater Quality Monitoring Act of 2001 (Water Code § 10780 et seq.) and, where applicable, that projects that affect water quality shall include a monitoring component that allows the integration of data into statewide monitoring efforts, including where applicable, the Surface Water Ambient Monitoring Program carried out by the State Water Resources Control Board. See Exhibit G for web links and information regarding other State monitoring and data reporting requirements.
18) NOTIFICATION OF STATE. The Grantee shall promptly notify the State, in writing, of the following items:

A. Events or proposed changes that could affect the scope, budget, or work performed under this Grant Agreement. The Grantee agrees that no substantial change in the scope of a project will be undertaken until written notice of the proposed change has been provided to the State and the State has given written approval for such change. Substantial changes generally include changes to the scope of work, schedule or term, and budget.

B. Any public or media event publicizing the accomplishments and/or results of this Grant Agreement and provide the opportunity for attendance and participation by the State’s representatives. The Grantee shall make such notification at least fourteen (14) calendar days prior to the event.

C. Discovery of any potential archaeological or historical resource. Should a potential archaeological or historical resource be discovered during construction, the Grantee agrees that all work in the area of the find shall cease until a qualified archaeologist has evaluated the situation and made recommendations regarding preservation of the resource, and the State has determined what actions should be taken to protect and preserve the resource. The Grantee agrees to implement appropriate actions as directed by the State.

D. The initiation of any litigation or the threat of litigation against the Grantee or an LPS regarding the Project or which may affect the Project in any way.

E. Applicable to construction projects only: Final inspection of the completed work on a project by a Registered Professional (Civil Engineer, Engineering Geologist, or other State approved certified/licensed Professional), in accordance with Exhibit D. The Grantee shall notify the State’s Project Manager of the inspection date at least fourteen (14) calendar days prior to the inspection in order to provide the State the opportunity to participate in the inspection. 19) NOTICES. Any notice, demand, request, consent, or approval that either party desires or is required to give to the other party under this Grant Agreement shall be in writing. Notices may be transmitted by any of the following means:

A. By delivery in person.

B. By certified U.S. mail, return receipt requested, postage prepaid.

C. By “overnight” delivery service; provided that next-business-day delivery is requested by the sender.

D. By electronic means.

E. Notices delivered in person will be deemed effective immediately on receipt (or refusal of delivery or receipt). Notices sent by certified mail will be deemed effective given ten (10) calendar days after the date deposited with the U.S. Postal Service. Notices sent by overnight delivery service will be deemed effective one business day after the date deposited with the delivery service. Notices sent electronically will be effective on the date of transmission, which is documented in writing. Notices DocuSign Envelope ID: 75B7F2A0-D9F3-4102-A11B-C17C93EF9220 252 471
Grant Agreement No. 4600015401

shall be sent to the addresses listed below. Either party may, by written notice to the other, designate a different address that shall be substituted for the one below. 20) PERFORMANCE EVALUATION. Upon completion of this Grant Agreement, the Grantee’s performance will be evaluated by the State and a copy of the evaluation will be placed in the State file and a copy sent to the Grantee.
21) PROJECT REPRESENTATIVES. The Project Representatives during the term of this Grant Agreement are as follows:

Department of Water Resources City of Banning
Arthur Hinojosa
Manager, Division of Regional Assistance
P.O. Box 942836
Sacramento, CA 94236
Phone: (916) 902-6713
Email: [email protected]
Doug Schulze
City Manager
99 E. Ramsey Street
Banning, CA 92220
Phone: (951) 922-4860
Email: [email protected]
Direct all inquiries to the Project Manager:

Department of Water Resources City of Banning
Pakiza Chatha
Engineer, Water Resources
707 Fairmont Avenue, Suite 200
Glendale, CA 91203
Phone: (818) 621-7257
Email: [email protected]
Arturo Vela
Director of Public Works
99 E. Ramsey Street
Banning, CA 92220
Phone: (951) 922-3130
Email: [email protected]
Either party may change its Project Representative or Project Manager upon written notice to the other party.
22) STANDARD PROVISIONS. This Grant Agreement is complete and is the final Agreement between the parties. The following Exhibits are attached and made a part of this Grant Agreement by this reference:

Exhibit A – Work Plan
Exhibit B – Budget
Exhibit C – Schedule
Exhibit D – Standard Conditions
Exhibit E – Authorizing Resolution
Exhibit F – Report Formats and Requirements
Exhibit G – Requirements for Data Submittal
Exhibit H – State Audit Document Requirements and Cost Share Guidelines for the Grantee Exhibit I – Local Project Sponsors and Project Locations Exhibit J – Appraisal Specifications
Exhibit K – Information Needed for Escrow Processing and Closure DocuSign Envelope ID: 75B7F2A0-D9F3-4102-A11B-C17C93EF9220 253 472
Grant Agreement No. 4600015401

Exhibit L – Project Monitoring Plan Guidance
Exhibit M – Invoice Guidance for Administrative and Overhead Charges IN WITNESS WHEREOF, the parties hereto have executed this Grant Agreement.

STATE OF CALIFORNIA

DEPARTMENT OF WATER RESOURCES

CITY OF BANNING
Arthur Hinojosa
Manager, Division of Regional Assistance Doug Schulze
City Manager
Date Date
Approved as to Legal Form and Sufficiency
Robin Brewer
Assistant General Counsel,
Office of the General Counsel
Date___________________________
DocuSign Envelope ID: 75B7F2A0-D9F3-4102-A11B-C17C93EF9220 10/31/2023
For
10/31/2023
10/31/2023
254 473
Grant Agreement No. 4600015401

EXHIBIT A

WORK PLAN
PROPOSITION 1 ROUND 2 SAN GORGONIO IRWM IMPLEMENTATION GRANT Grant Administration
IMPLEMENTING AGENCY: City of Banning (Grantee)
PROJECT DESCRIPTION: The Grantee will administer these funds and respond to DWR’s reporting and compliance requirements associated with the grant administration. This Grantee will act in a coordination role: disseminating grant compliance information to the project managers responsible for implementing the projects contained in this agreement, obtaining and retaining evidence of compliance (e.g., CEQA/NEPA documents, reports, monitoring compliance documents, labor requirements, etc.), obtaining data for progress reports from individual project managers, assembling and submitting progress reports to the State, and coordinating all invoicing and payment of invoices.

Budget Category (a): Project Administration
Task 1: Agreement Administration
The Grantee will respond to DWR’s reporting and compliance requirements associated with the grant administration and will coordinate with the project managers responsible for implementing the projects contained in this agreement.

Task 2: Invoicing
The Grantee will be responsible for compiling invoices for submittal to DWR. This includes collecting invoice documentation from each of the Local Project Sponsors and compiling the information into a DWR Invoice Packet.

Deliverables:
• Quarterly Invoices and associated backup documentation Task 3: Reporting
The Grantee will be responsible for compiling progress reports for submittal to DWR. The Grantee will coordinate with Local Project Sponsor staff to retain consultants as needed to prepare and submit progress reports and final project completion reports for each project, as well as the grant completion report.

Reports will meet generally accepted professional standards for technical reporting and the requirements terms of the contract with DWR outlined in Exhibit F of this Agreement.

Deliverables:
• Quarterly Progress Reports
• Grant Completion Report
DocuSign Envelope ID: 75B7F2A0-D9F3-4102-A11B-C17C93EF9220 255 474
Grant Agreement No. 4600015401

PROJECT 1: Twin Pines Water Supply Reliability and Fire Protection Upgrades IMPLEMENTING AGENCY: High Valleys Water District
PROJECT DESCRIPTION: The project will replace and upsize approximately 4,800 linear feet of failing water main and install approximately 10 new fire hydrants within the rural community of Twin Pines, California. The project will provide a reliable water supply of 3.8 acre-feet per year (AFY) and will improve flows to meet fire code, bringing the 12 households in this community within a preferred threshold for fire protection.

Budget Category (a): Project Administration
Task 1: Project Management
Manage Grant Agreement including compliance with grant requirements, and preparation and submission of supporting grant documents and coordination with the Grantee. Prepare invoices including relevant supporting documentation for submittal to DWR via the Grantee. This task also includes administrative responsibilities associated with the project such as coordinating with partnering agencies and managing consultants/contractors.

Deliverables:
• Invoices and associated backup documentation
Task 2: Reporting
Prepare progress reports detailing work completed during reporting period as outlined in Exhibit F of this Agreement. Submit reports to DWR via the Grantee.

Prepare Project Completion Report and submit to DWR no later than 90 days after project completion for DWR Project Manager’s comment and review. The report shall be prepared and presented in accordance with guidance as outlined in Exhibit F.

Deliverables:
• Quarterly Project Progress Reports
• Project Completion Report
• Documentation (e.g., photo) of “Acknowledgment of Credit & Signage” per Standard Condition D.2 Budget Category (b): Land Purchase/Easement
Task 3: Land Purchase
Pipeline will be installed within the roadway right-of-way. The contractor will secure an encroachment permit from Riverside County for construction within the right-of-way. Both laterals will be constructed within existing easements.

Deliverables:
• Documentation supporting property value (if purchased) • All relevant documentation regarding property ownership transfer or acquisition of easement including final recorded deed, title report, etc. (if required) DocuSign Envelope ID: 75B7F2A0-D9F3-4102-A11B-C17C93EF9220 256 475
Grant Agreement No. 4600015401

Budget Category (c): Planning/Design/Engineering/Environmental Documentation Task 4: Feasibility Studies
Project Feasibility Studies were completed in 2020 as part of the project development process. The Feasibility Studies include: an investigation for CEQA compliance, identification of the most cost-effective alignment for the proposed pipe, recommended pipe material, hydraulic calculations, compliance with county fire requirements and cost estimates for design and construction.

Deliverables:
• Relevant Feasibility Studies
Task 5: CEQA Documentation
Complete environmental review pursuant to CEQA. Prepare all necessary environmental documentation.

Prepare letter stating no legal challenges (or addressing legal challenges).

Deliverables:
• All completed CEQA documents as required
• Legal Challenges Letter
Task 6: Permitting
The following permits are anticipated to be acquired for this project: (1) A Stormwater Pollution Prevention Plan permit and (2) an encroachment permit from the County of Riverside.

Deliverables:
• Permits as required
Task 7: Design
Preliminary and final design for the pipeline and fire hydrants will be completed. Final plans and specifications will be provided.

Deliverables:
• 100% Design Plans and Specifications
Task 8: Project Monitoring Plan
Develop and submit a Project Monitoring Plan per Paragraph 16 for DWR’s review and approval.

Deliverables:
• Project Monitoring Plan
DocuSign Envelope ID: 75B7F2A0-D9F3-4102-A11B-C17C93EF9220 257 476
Grant Agreement No. 4600015401

Budget Category (d): Construction/Implementation
Task 9: Contract Services
This task must comply with the Standard Condition D.11 – Competitive Bidding and Procurements. Activities necessary (as applicable) to secure a contractor and award the contract, including: develop bid documents, prepare advertisement and contract documents for construction contract bidding, conduct pre-bid meeting, bid opening and evaluation, selection of the contractor, award of contract, and issuance of notice to proceed.

Deliverables:
• Bid Documents
• Proof of Advertisement
• Award of Contract
• Notice to Proceed
Task 10: Construction Administration
This task includes managing contractor submittal review, answering requests for information, and issuing work directives. A full-time engineering construction observer will be on site as needed for the project.

Construction observer duties include documenting of pre-construction conditions, daily construction diary, preparing change orders, addressing questions of contractors on site, reviewing/ updating project schedule, reviewing contractor log submittals and pay requests, forecasting cash flow, notifying contractor if work is not acceptable. Upon completing the project, the DWR Certificate of Project Completion and record drawings will be provided to DWR.

Deliverables:
• DWR Certificate of Project Completion
• Record Drawings
Task 11: Construction
Construction activities include mobilization of equipment and transport to the site; setting up temporary facilities (e.g., field office, construction barriers) and clearing site for construction as needed; construction of approximately 4,700-4,800 feet of 8-inch water main and associated appurtenances to serve 12 existing homes, and up to 10 fire hydrant assemblies along the new upsized water main; and site cleanup and site restoration (e.g., post-construction restoration of the roadway), and removal of all temporary facilities. The existing pipeline will remain in place.

Deliverables:
• Photographic Documentation of Progress
DocuSign Envelope ID: 75B7F2A0-D9F3-4102-A11B-C17C93EF9220 258 477
Grant Agreement No. 4600015401

PROJECT 2: Esperanza Street Waterline Improvements, Phase 1 IMPLEMENTING AGENCY: Cabazon Water District
PROJECT DESCRIPTION: The project will replace and upsize approximately 900 linear feet of a failing water line in Cabazon, California. The project will conserve approximately 0.3 AFY and will improve flows to meet fire code, bringing the 27 service connections within the preferred threshold for fire protection.

Budget Category (a): Project Administration
Task 1: Project Management
Manage Grant Agreement including compliance with grant requirements, and preparation and submission of supporting grant documents and coordination with the Grantee. Prepare invoices including relevant supporting documentation for submittal to DWR via the Grantee. This task also includes administrative responsibilities associated with the project such as coordinating with partnering agencies and managing consultants/contractors.

Deliverables:
• Invoices and associated backup documentation
Task 2: Reporting
Prepare progress reports detailing work completed during reporting period as outlined in Exhibit F of this Agreement. Submit reports to DWR via the Grantee.

Prepare Project Completion Report and submit to DWR no later than 90 days after project completion for DWR Project Manager’s comment and review. The report shall be prepared and presented in accordance with guidance as outlined in Exhibit F.

Deliverables:
• Quarterly Project Progress Reports
• Project Completion Report
• Documentation (e.g., photo) of “Acknowledgment of Credit & Signage” per Standard Condition D.2 Budget Category (b): Land Purchase/Easement
Task 3: Land Purchase
No land purchase or easement acquisition is required for this project.

Deliverables: N/A
Budget Category (c): Planning/Design/Engineering/Environmental Documentation Task 4: Feasibility Studies
Not applicable; the project is consistent with previous projects completed by Cabazon Water District and is necessary to address a system deficiency.

Deliverables: N/A
DocuSign Envelope ID: 75B7F2A0-D9F3-4102-A11B-C17C93EF9220 259 478
Grant Agreement No. 4600015401

Task 5: CEQA Documentation
Complete environmental review pursuant to CEQA. Prepare all necessary environmental documentation.

Prepare letter stating no legal challenges (or addressing legal challenges).

Deliverables:
• All completed CEQA documents as required
• Legal Challenges Letter
Task 6: Permitting
The following permits are anticipated to be acquired for this project: an encroachment permit from Riverside County to perform work within the Riverside County right-of-way. The encroachment permit will be secured prior to construction but cannot be secured until the contractor is selected.

Deliverables:
• Permits as required
Task 7: Design
Preliminary and final design for the pipeline will be completed. All designs will comply with applicable construction and health and safety standards. Final plans and specifications will be provided.

Deliverables:
• 100% Design Plans and Specifications
Task 8: Project Monitoring Plan
Develop and submit a Project Monitoring Plan per Paragraph 16 for DWR’s review and approval.

Deliverables:
• Project Monitoring Plan
Budget Category (d): Construction/Implementation
Task 9: Contract Services
This task must comply with the Standard Condition D.11 – Competitive Bidding and Procurements. Activities necessary (as applicable) to secure a contractor and award the contract, including: develop bid documents, prepare advertisement and contract documents for construction contract bidding, conduct pre-bid meeting, bid opening and evaluation, selection of the contractor, award of contract, and issuance of notice to proceed.

Deliverables:
• Bid Documents
• Proof of Advertisement
• Award of Contract
• Notice to Proceed
DocuSign Envelope ID: 75B7F2A0-D9F3-4102-A11B-C17C93EF9220 260 479
Grant Agreement No. 4600015401

Task 10: Construction Administration
This task includes managing contractor submittal review, answering requests for information, and issuing work directives. A full-time engineering construction observer will be on site for the duration of the project.

Construction observer duties include documenting of pre-construction conditions, daily construction diary, preparing change orders, addressing questions of contractors on site, reviewing/ updating project schedule, reviewing contractor log submittals and pay requests, forecasting cash flow, notifying contractor if work is not acceptable. Upon completing the project, the DWR Certificate of Project Completion and record drawings will be provided to DWR.

Deliverables:
• DWR Certificate of Project Completion
• Record Drawings
Task 11: Construction
Construction activities include mobilization of equipment and transport to the site; setting up temporary facilities (e.g., construction barriers), clearing site for construction as needed, and identification of existing underground utilities to avoid as necessary; Excavate trench to remove existing 4” steel pipe. Construct approximately 900 feet of 8-inch PVC water main and connect to the existing system. Connect the water main to existing meters and hydrants, and complete backfill and compaction of trench; site cleanup and site restoration (e.g., trench backfilling, post-construction restoration of the roadway), and removal of all temporary facilities and equipment.

Deliverables:
• Photographic Documentation of Progress
DocuSign Envelope ID: 75B7F2A0-D9F3-4102-A11B-C17C93EF9220 261 480
Grant Agreement No. 4600015401

PROJECT 3: Lions Park Recycled Water Conversion Project IMPLEMENTING AGENCY: City of Banning
PROJECT DESCRIPTION: The project will convert the irrigation system at Lions Park from potable to recycled water. The work also includes installation of recycled water identification valve boxes, lids, and tags; installation of recycled water signs; sprinkler head retrofits to water efficient, color-coded purple heads; and installation of a smart irrigation controller and backflow preventer. The project will conserve approximately

36.75 AFY of potable water and an additional 7.35 AFY through installation of a smart irrigation controller that will reduce overall water demands at the 8.86-acre park for a total water savings of approximately 44.1 AFY.

Budget Category (a): Project Administration
Task 1: Project Management
Manage Grant Agreement including compliance with grant requirements, and preparation and submission of supporting grant documents. Prepare invoices including relevant supporting documentation for submittal to DWR. This task also includes administrative responsibilities associated with the project such as coordinating with partnering agencies and managing consultants/contractors.

Deliverables:
• Invoices and associated backup documentation
Task 2: Reporting
Prepare progress reports detailing work completed during reporting period as outlined in Exhibit F of this Agreement. Submit reports to DWR.

Prepare Project Completion Report and submit to DWR no later than 90 days after project completion for DWR Project Manager’s comment and review. The report shall be prepared and presented in accordance with guidance as outlined in Exhibit F.

Deliverables:
• Quarterly Project Progress Reports
• Project Completion Report
• Documentation (e.g., photo) of “Acknowledgment of Credit & Signage” per Standard Condition D.2 Budget Category (b): Land Purchase/Easement
Task 3: Land Purchase
No land purchase or easement acquisition is required for this project.

Deliverables: N/A
Budget Category (c): Planning/Design/Engineering/Environmental Documentation Task 4: Feasibility Studies
Not applicable.

Deliverables: N/A
DocuSign Envelope ID: 75B7F2A0-D9F3-4102-A11B-C17C93EF9220 262 481
Grant Agreement No. 4600015401

Task 5: CEQA Documentation
Complete environmental review pursuant to CEQA. Prepare all necessary environmental documentation.

Prepare letter stating no legal challenges (or addressing legal challenges).

Deliverables:
• All completed CEQA documents as required
• Legal Challenges Letter
Task 6: Permitting
No permits are required.

Deliverables: N/A
Task 7: Design
The Grantee will develop and finalize improvement plans and specifications that meet the goals of the project in a cost-effective manner. All designs will comply with applicable construction and health and safety standards. Final plans and technical specifications will be provided.

Deliverables:
• Final Plans and Technical Specifications
Task 8: Project Monitoring Plan
Develop and submit a Project Monitoring Plan per Paragraph 16 for DWR’s review and approval.

Deliverables:
• Project Monitoring Plan
Budget Category (d): Construction/Implementation
Task 9: Contract Services
This task must comply with the Standard Condition D.11 – Competitive Bidding and Procurements. Activities necessary (as applicable) to secure a contractor and award the contract, including: develop bid documents, prepare advertisement and contract documents for construction contract bidding, conduct pre-bid meeting, bid opening and evaluation, selection of the contractor, award of contract, and issuance of notice to proceed.

Deliverables:
• Bid Documents
• Proof of Advertisement
• Award of Contract
• Notice to Proceed
DocuSign Envelope ID: 75B7F2A0-D9F3-4102-A11B-C17C93EF9220 263 482
Grant Agreement No. 4600015401

Task 10: Construction Administration
This task includes managing contractor submittal review, answering requests for information, and issuing work directives. An engineering construction observer will be on site for the duration of the project.

Construction observer duties include documenting of pre-construction conditions, daily construction diary, preparing change orders, addressing questions of contractors on site, reviewing/ updating project schedule, reviewing contractor log submittals and pay requests, forecasting cash flow, notifying contractor if work is not acceptable. Upon completing the project, the DWR Certificate of Project Completion and record drawings will be provided to DWR.

Deliverables:
• DWR Certificate of Project Completion
• Record Drawings
Task 11: Construction
Construction activities include mobilization of equipment and transport to the site; setting up temporary facilities (e.g., field office, construction barriers) and clearing site for construction as needed; Installing recycled water identification valve boxes, lids, and tags, and recycled water signs, Installing water efficient (anti-mist), color-coded sprinkler heads for recycled water, installing a smart irrigation controller and backflow prevention devise, and installing a new 4 inch recycled water meter for the park and connect the existing irrigation system to the new meter; and site cleanup and site restoration (e.g., post-construction restoration of the park), and removal of all temporary facilities and equipment. All construction work will be done as per the final design and specifications.

Deliverables:
• Photographic Documentation of Progress
DocuSign Envelope ID: 75B7F2A0-D9F3-4102-A11B-C17C93EF9220 264 483
Grant Agreement No. 4600015401

EXHIBIT B
BUDGET
PROPOSITION 1 ROUND 2 SAN GORGONIO IRWM IMPLEMENTATION GRANT

AGREEMENT BUDGET SUMMARY
PROJECTS Grant Amount
Required
Cost Share:

Non-State
Fund Source
Other Cost
Share
Total Cost
Cost Share
Required
%
Grant Administration $114,462 $0 $0 $114,462 N/A
1 Project 1: Twin Pines Water
Supply Reliability and Fire
Protection Upgrades
$964,324 $0 $20,000 $984,324 0%
2 Project 2: Esperanza Street
Waterline Improvements, Phase 1 $343,700 $0 $16,000 $359,700 0% 3 Project 3: Lions Park Recycled
Water Conversion Project
$490,269 $0 $8,987 $499,256 0%
GRAND TOTAL $1,912,755 $0 $44,987 $1,957,742
Grant Administration
Implementing Agency: City of Banning
BUDGET CATEGORY Grant Amount
Required
Cost Share:

Non-State
Fund Source
Other Cost Share Total Cost
(a) Project Administration $114,462 $0 $0 $114,462
TOTAL COSTS $114,462 $0 $0 $114,462
DocuSign Envelope ID: 75B7F2A0-D9F3-4102-A11B-C17C93EF9220 265 484
Grant Agreement No. 4600015401

PROJECT 1: Twin Pines Water Supply Reliability and Fire Protection Upgrades Implementing Agency: High Valleys Water District
BUDGET CATEGORY Grant Amount
Required
Cost Share:

Non-State
Fund Source*
Other Cost
Share**
Total Cost
(a) Project Administration $3,324 $0 $20,000 $23,324
(b) Land Purchase / Easement $2,000 $0 $0 $2,000
(c) Planning / Design / Engineering /
Environmental Documentation $72,000 $0 $0 $72,000
(d) Construction / Implementation $887,000 $0 $0 $887,000 TOTAL COSTS $964,324 $0 $20,000 $984,324
NOTES:
*The project received a 100% cost share waiver.
**Other Cost Share fund source(s): High Valleys Water District General Fund, provided as in-kind labor by District staff.

PROJECT 2: Esperanza Street Waterline Improvements, Phase 1 Implementing Agency: Cabazon Water District
BUDGET CATEGORY Grant Amount
Required
Cost Share:

Non-State
Fund Source*
Other Cost
Share**
Total Cost
(a) Project Administration $8,000 $0 $8,000 $16,000
(b) Land Purchase / Easement $0 $0 $0 $0
(c) Planning / Design / Engineering /
Environmental Documentation $41,000 $0 $2,000 $43,000
(d) Construction / Implementation $294,700 $0 $6,000 $300,700 TOTAL COSTS $343,700 $0 $16,000 $359,700
NOTES:
*The project received a 100% cost share waiver.
**Other Cost Share fund source(s): Cabazon Water District General Fund, provided as in-kind labor by District staff.

DocuSign Envelope ID: 75B7F2A0-D9F3-4102-A11B-C17C93EF9220 266 485
Grant Agreement No. 4600015401

PROJECT 3: Lions Park Recycled Water Conversion Project Implementing Agency: City of Banning
BUDGET CATEGORY Grant Amount
Required
Cost Share:

Non-State
Fund Source*
Other Cost
Share**
Total Cost
(a) Project Administration $35,065 $0 $8,987 $44,052
(b) Land Purchase / Easement $0 $0 $0 $0
(c) Planning / Design / Engineering /
Environmental Documentation $42,100 $0 $0 $42,100
(d) Construction / Implementation $413,104 $0 $0 $413,104 TOTAL COSTS $490,269 $0 $8,987 $499,256
NOTES:
*The project received a 100% cost share waiver.
**Other Cost Share fund source(s): City of Banning Water Operations Fund.

DocuSign Envelope ID: 75B7F2A0-D9F3-4102-A11B-C17C93EF9220 267 486
Grant Agreement No. 4600015401

EXHIBIT C

SCHEDULE
PROPOSITION 1 ROUND 2 SAN GORGONIO IRWM IMPLEMENTATION GRANT Grant Administration
BUDGET CATEGORY Start Date End Date
a Project Administration 05/01/2023 12/31/2025
PROJECT 1: Twin Pines Water Supply Reliability and Fire Protection Upgrades BUDGET CATEGORY Start Date End Date
a Project Administration 05/01/2023 09/30/2025
b Land Purchase / Easement 11/01/2023 03/31/2024
c Planning / Design / Engineering / Environmental Documentation 05/01/2023 03/31/2024 d Construction / Implementation 11/02/2023 06/30/2025
Budget Category (c) overlaps with Budget Category (d) to accommodate finalization of the Project Monitoring Plan (Task 8) and securing of the encroachment permit (Task 6), while beginning the Construction contracting processes (Task 9).

DocuSign Envelope ID: 75B7F2A0-D9F3-4102-A11B-C17C93EF9220 268 487
Grant Agreement No. 4600015401

PROJECT 2: Esperanza Street Waterline Improvements, Phase 1 BUDGET CATEGORY Start Date End Date
a Project Administration 05/01/2023 05/01/2025
b Land Purchase / Easement N/A N/A
c Planning / Design / Engineering / Environmental Documentation 05/01/2023 12/01/2023 d Construction / Implementation 08/02/2023 02/01/2025
Budget Category (c) overlaps with Budget Category (d) to accommodate finalization of the Project Monitoring Plan (Task 8) and completion of the Notice of Exemption (Task 5), while beginning the Construction contracting processes (Task 9).

PROJECT 3: Lions Park Recycled Water Conversion Project BUDGET CATEGORY Start Date End Date
a Project Administration 05/01/2023 09/30/2025
b Land Purchase / Easement N/A N/A
c Planning / Design / Engineering / Environmental Documentation 05/01/2023 02/28/2024 d Construction / Implementation 01/01/2024 06/30/2025
Budget Category (c) overlaps with Budget Category (d) to accommodate finalization of the Project Monitoring Plan (Task 8) and to begin the Construction contracting processes (Task 9).

DocuSign Envelope ID: 75B7F2A0-D9F3-4102-A11B-C17C93EF9220 269 488
Grant Agreement No. 4600015401

EXHIBIT D

STANDARD CONDITIONS
D.1. ACCOUNTING AND DEPOSIT OF FUNDING DISBURSEMENT:

A. Separate Accounting of Funding Disbursements: Grantee shall account for the money disbursed pursuant to this Grant Agreement separately from all other Grantee funds. Grantee shall maintain audit and accounting procedures that are in accordance with generally accepted accounting principles and practices, consistently applied. Grantee shall keep complete and accurate records of all receipts and disbursements on expenditures of such funds. Grantee shall require its contractors or subcontractors to maintain books, records, and other documents pertinent to their work in accordance with generally accepted accounting principles and practices. Records are subject to inspection by State at any and all reasonable times.

B. Disposition of Money Disbursed: All money disbursed pursuant to this Grant Agreement shall be deposited in a non-interest bearing account, administered, and accounted for pursuant to the provisions of applicable law.

C. Remittance of Unexpended Funds: Grantee shall remit to State any unexpended funds that were disbursed to Grantee under this Grant Agreement and were not used to pay Eligible Project Costs within a period of sixty (60) calendar days from the final disbursement from State to Grantee of funds or, within thirty (30) calendar days of the expiration of the Grant Agreement, whichever comes first.

D.2. ACKNOWLEDGEMENT OF CREDIT AND SIGNAGE: Grantee shall include appropriate acknowledgement of credit to the State for its support when promoting the Project or using any data and/or information developed under this Grant Agreement. Signage shall be posted in a prominent location at Project site(s) (if applicable) or at the Grantee’s headquarters and shall include the Department of Water Resources color logo and the following disclosure statement: “Funding for this project has been provided in full or in part from the Water Quality, Supply, and Infrastructure Improvement Act of 2014 and through an agreement with the State Department of Water Resources.” The Grantee shall also include in each of its contracts for work under this Agreement a provision that incorporates the requirements stated within this Paragraph.

D.3. AMENDMENT: This Grant Agreement may be amended at any time by mutual agreement of the Parties, except insofar as any proposed amendments are in any way contrary to applicable law.

Requests by the Grantee for amendments must be in writing stating the amendment request and the reason for the request. Requests solely for a time extension must be submitted at least 90 days prior to the work completion date set forth in Paragraph 2. Any other request for an amendment must be submitted at least 180 days prior to the work completion date set forth in Paragraph 2. State shall have no obligation to agree to an amendment.

D.4. AMERICANS WITH DISABILITIES ACT: By signing this Grant Agreement, Grantee assures State that it complies with the Americans with Disabilities Act (ADA) of 1990, (42 U.S.C. § 12101 et seq.), which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA.

D.5. AUDITS: State reserves the right to conduct an audit at any time between the execution of this Grant Agreement and the completion of the Project, with the costs of such audit borne by State. After completion of the Project, State may require Grantee to conduct a final audit to State’s specifications, at Grantee’s expense, such audit to be conducted by and a report prepared by an independent Certified Public Accountant. Failure or refusal by Grantee to comply with this provision shall be considered a breach of this Grant Agreement, and State may elect to pursue any remedies provided in Paragraph 12 or take any other action it deems necessary to protect its interests. The Grantee agrees it shall return any audit disallowances to the State.

DocuSign Envelope ID: 75B7F2A0-D9F3-4102-A11B-C17C93EF9220 270 489
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Pursuant to Government Code section 8546.7, the Grantee shall be subject to the examination and audit by the State for a period of three (3) years after final payment under this Grant Agreement with respect of all matters connected with this Grant Agreement, including but not limited to, the cost of administering this Grant Agreement. All records of Grantee or its contractor or subcontractors shall be preserved for this purpose for at least three (3) years after receipt of the final disbursement under this Agreement. If an audit reveals any impropriety, the Bureau of State Audits or the State Controller’s Office may conduct a full audit of any or all of the Grantee’s activities. Code, § 79708, subd. (b) D.6. BUDGET CONTINGENCY: If the Budget Act of the current year covered under this Grant Agreement does not appropriate sufficient funds for this program, this Grant Agreement shall be of no force and effect. This provision shall be construed as a condition precedent to the obligation of State to make any payments under this Grant Agreement. In this event, State shall have no liability to pay any funds whatsoever to Grantee or to furnish any other considerations under this Grant Agreement and Grantee shall not be obligated to perform any provisions of this Grant Agreement. Nothing in this Grant Agreement shall be construed to provide Grantee with a right of priority for payment over any other Grantee. If funding for any fiscal year after the current year covered by this Grant Agreement is reduced or deleted by the Budget Act, by Executive Order, or by order of the Department of Finance, the State shall have the option to either cancel this Grant Agreement with no liability occurring to State, or offer a Grant Agreement amendment to Grantee to reflect the reduced amount.

D.7. CALIFORNIA CONSERVATION CORPS: Grantee may use the services of the California Conservation Corps or other community conservation corps as defined in Public Resources Code section 14507.5.

D.8. CEQA: Activities funded under this Grant Agreement, regardless of funding source, must be in compliance with the California Environmental Quality Act (CEQA). (Pub. Resources Code, § 21000 et seq.) Any work that is subject to CEQA and funded under this Agreement shall not proceed until documents that satisfy the CEQA process are received by the State’s Project Manager and the State has completed its CEQA compliance. Work funded under this Agreement that is subject to a CEQA document shall not proceed until and unless approved by the Department of Water Resources. Such approval is fully discretionary and shall constitute a condition precedent to any work for which it is required. If CEQA compliance by the Grantee is not complete at the time the State signs this Agreement, once State has considered the environmental documents, it may decide to require changes, alterations, or other mitigation to the Project; or to not fund the Project. Should the State decide to not fund the Project, this Agreement shall be terminated in accordance with Paragraph 12, “Default Provisions.”
D.9. CHILD SUPPORT COMPLIANCE ACT: The Grantee acknowledges in accordance with Public Contract Code section 7110, that:

A. The Grantee recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Family Code section 5200 et seq.; and B. The Grantee, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department.

D.10. CLAIMS DISPUTE: Any claim that the Grantee may have regarding performance of this Agreement including, but not limited to, claims for additional compensation or extension of time, shall be submitted to the DWR Project Representative, within thirty (30) days of the Grantee’s knowledge of the claim.

State and Grantee shall then attempt to negotiate a resolution of such claim and process an amendment to this Agreement to implement the terms of any such resolution.

DocuSign Envelope ID: 75B7F2A0-D9F3-4102-A11B-C17C93EF9220 271 490
Grant Agreement No. 4600015401

D.11. COMPETITIVE BIDDING AND PROCUREMENTS: Grantee’s contracts with other entities for the acquisition of goods and services and construction of public works with funds provided by State under this Grant Agreement must be in writing and shall comply with all applicable laws and regulations regarding the securing of competitive bids and undertaking competitive negotiations. If the Grantee does not have a written policy to award contracts through a competitive bidding or sole source process, the Department of General Services’ State Contracting Manual rules must be followed and are available at: https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-ServicesResources-List-Folder/State-Contracting.

D.12. COMPUTER SOFTWARE: Grantee certifies that it has appropriate systems and controls in place to ensure that state funds will not be used in the performance of this Grant Agreement for the acquisition, operation, or maintenance of computer software in violation of copyright laws.

D.13. CONFLICT OF INTEREST: All participants are subject to State and Federal conflict of interest laws.

Failure to comply with these laws, including business and financial disclosure provisions, will result in the application being rejected and any subsequent contract being declared void. Other legal action may also be taken. Applicable statutes include, but are not limited to, Government Code section 1090 and Public Contract Code sections 10410 and 10411, for State conflict of interest requirements.

A. Current State Employees: No State officer or employee shall engage in any employment, activity, or enterprise from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any State agency, unless the employment, activity, or enterprise is required as a condition of regular State employment. No State officer or employee shall contract on his or her own behalf as an independent contractor with any State agency to provide goods or services.

B. Former State Employees: For the two-year period from the date he or she left State employment, no former State officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements, or any part of the decision-making process relevant to the contract while employed in any capacity by any State agency. For the twelvemonth period from the date he or she left State employment, no former State officer or employee may enter into a contract with any State agency if he or she was employed by that State agency in a policy-making position in the same general subject area as the proposed contract within the twelve-month period prior to his or her leaving State service.

C. Employees of the Grantee: Employees of the Grantee shall comply with all applicable provisions of law pertaining to conflicts of interest, including but not limited to any applicable conflict of interest provisions of the California Political Reform Act. (Gov. Code, § 87100 et seq.) D. Employees and Consultants to the Grantee: Individuals working on behalf of a Grantee may be required by the Department to file a Statement of Economic Interests (Fair Political Practices Commission Form 700) if it is determined that an individual is a consultant for Political Reform Act purposes.

D.14. DELIVERY OF INFORMATION, REPORTS, AND DATA: Grantee agrees to expeditiously provide throughout the term of this Grant Agreement, such reports, data, information, and certifications as may be reasonably required by State.

D.15. DISPOSITION OF EQUIPMENT: Grantee shall provide to State, not less than thirty (30) calendar days prior to submission of the final invoice, an itemized inventory of equipment purchased with funds provided by State. The inventory shall include all items with a current estimated fair market value of more than $5,000.00 per item. Within sixty (60) calendar days of receipt of such inventory State shall provide Grantee with a list of the items on the inventory that State will take title to. All other items shall become the property of Grantee. State shall arrange for delivery from Grantee of items that it takes title to. Cost of transportation, if any, shall be borne by State.

D.16. DRUG-FREE WORKPLACE CERTIFICATION: Certification of Compliance: By signing this Grant Agreement, Grantee, its contractors or subcontractors hereby certify, under penalty of perjury under DocuSign Envelope ID: 75B7F2A0-D9F3-4102-A11B-C17C93EF9220 272 491
Grant Agreement No. 4600015401

the laws of State of California, compliance with the requirements of the Drug-Free Workplace Act of 1990 (Gov. Code, § 8350 et seq.) and have or will provide a drug-free workplace by taking the following actions:

A. Publish a statement notifying employees, contractors, and subcontractors that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees, contractors, or subcontractors for violations, as required by Government Code section 8355.

B. Establish a Drug-Free Awareness Program, as required by Government Code section 8355 to inform employees, contractors, or subcontractors about all of the following:
i. The dangers of drug abuse in the workplace,
ii. Grantee’s policy of maintaining a drug-free workplace, iii. Any available counseling, rehabilitation, and employee assistance programs, and iv. Penalties that may be imposed upon employees, contractors, and subcontractors for drug abuse violations.

C. Provide, as required by Government Code section 8355, that every employee, contractor, and/or subcontractor who works under this Grant Agreement:
i. Will receive a copy of Grantee’s drug-free policy statement, and ii. Will agree to abide by terms of Grantee’s condition of employment, contract or subcontract.

D.17. EASEMENTS: Where the Grantee acquires property in fee title or funds improvements to real property using State funds provided through this Grant Agreement, an appropriate easement or other title restriction providing for floodplain preservation and agricultural and/or wildlife habitat conservation for the subject property in perpetuity, approved by the State, shall be conveyed to a regulatory or trustee agency or conservation group acceptable to the State. The easement or other title restriction must be in first position ahead of any recorded mortgage or lien on the property unless this requirement is waived by the State.

Where the Grantee acquires an easement under this Agreement, the Grantee agrees to monitor and enforce the terms of the easement, unless the easement is subsequently transferred to another land management or conservation organization or entity with State permission, at which time monitoring and enforcement responsibilities will transfer to the new easement owner.

Failure to provide an easement or other title restriction acceptable to the State may result in termination of this Agreement.

D.18. FINAL INSPECTIONS AND CERTIFICATION OF REGISTERED PROFESSIONAL: Upon completion of the Project, Grantee shall provide for a final inspection and certification by a California Registered Professional (i.e., Professional Civil Engineer, Engineering Geologist), that the Project has been completed in accordance with submitted final plans and specifications and any modifications thereto and in accordance with this Grant Agreement.

D.19. GRANTEE'S RESPONSIBILITIES: Grantee and its representatives shall:

A. Faithfully and expeditiously perform or cause to be performed all project work as described in Exhibit A and in accordance with Exhibits B and C.

B. Accept and agree to comply with all terms, provisions, conditions, and written commitments of this Grant Agreement, including all incorporated documents, and to fulfill all assurances, declarations, representations, and statements made by Grantee in the application, documents, amendments, and communications filed in support of its request for funding.

C. Comply with all applicable California, federal, and local laws and regulations.

D. Implement the Project in accordance with applicable provisions of the law.

E. Fulfill its obligations under the Grant Agreement and be responsible for the performance of the Project.

F. Obtain any and all permits, licenses, and approvals required for performing any work under this Grant Agreement, including those necessary to perform design, construction, or operation and maintenance of the Project. Grantee shall provide copies of permits and approvals to State.

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G. Be solely responsible for design, construction, and operation and maintenance of projects within the work plan. Review or approval of plans, specifications, bid documents, or other construction documents by State is solely for the purpose of proper administration of funds by State and shall not be deemed to relieve or restrict responsibilities of Grantee under this Agreement.

H. Be solely responsible for all work and for persons or entities engaged in work performed pursuant to this Agreement, including, but not limited to, contractors, subcontractors, suppliers, and providers of services. The Grantee shall be responsible for any and all disputes arising out of its contracts for work on the Project, including but not limited to payment disputes with contractors and subcontractors. The State will not mediate disputes between the Grantee and any other entity concerning responsibility for performance of work.

D.20. GOVERNING LAW: This Grant Agreement is governed by and shall be interpreted in accordance with the laws of the State of California.

D.21. INCOME RESTRICTIONS: The Grantee agrees that any refunds, rebates, credits, or other amounts (including any interest thereon) accruing to or received by the Grantee under this Agreement shall be paid by the Grantee to the State, to the extent that they are properly allocable to costs for which the Grantee has been reimbursed by the State under this Agreement. The Grantee shall also include in each of its contracts for work under this Agreement a provision that incorporates the requirements stated within this Paragraph.

D.22. INDEMNIFICATION: Grantee shall indemnify and hold and save the State, its officers, agents, and employees, free and harmless from any and all liabilities for any claims and damages (including inverse condemnation) that may arise out of the Project and this Agreement, including, but not limited to any claims or damages arising from planning, design, construction, maintenance and/or operation of levee rehabilitation measures for this Project and any breach of this Agreement. Grantee shall require its contractors or subcontractors to name the State, its officers, agents and employees as additional insureds on their liability insurance for activities undertaken pursuant to this Agreement.

D.23. INDEPENDENT CAPACITY: Grantee, and the agents and employees of Grantees, in the performance of the Grant Agreement, shall act in an independent capacity and not as officers, employees, or agents of the State.

D.24. INSPECTION OF BOOKS, RECORDS, AND REPORTS: During regular office hours, each of the parties hereto and their duly authorized representatives shall have the right to inspect and to make copies of any books, records, or reports of either party pertaining to this Grant Agreement or matters related hereto. Each of the parties hereto shall maintain and shall make available at all times for such inspection accurate records of all its costs, disbursements, and receipts with respect to its activities under this Grant Agreement. Failure or refusal by Grantee to comply with this provision shall be considered a breach of this Grant Agreement, and State may withhold disbursements to Grantee or take any other action it deems necessary to protect its interests.

D.25. INSPECTIONS OF PROJECT BY STATE: State shall have the right to inspect the work being performed at any and all reasonable times during the term of the Grant Agreement. This right shall extend to any subcontracts, and Grantee shall include provisions ensuring such access in all its contracts or subcontracts entered into pursuant to its Grant Agreement with State.

D.26. LABOR CODE COMPLIANCE: The Grantee agrees to be bound by all the provisions of the Labor Code regarding prevailing wages and shall monitor all contracts subject to reimbursement from this Agreement to assure that the prevailing wage provisions of the Labor Code are being met. Current Department of Industrial Relations (DIR) requirements may be found at: http://www.dir.ca.gov/ lcp.asp.

For more information, please refer to DIR’s Public Works Manual at: https://www.dir.ca.gov/ dlse/PWManualCombined.pdf. The Grantee affirms that it is aware of the provisions of section 3700 of the Labor Code, which requires every employer to be insured against liability for workers’ DocuSign Envelope ID: 75B7F2A0-D9F3-4102-A11B-C17C93EF9220 274 493
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compensation or to undertake self-insurance, and the Grantee affirms that it will comply with such provisions before commencing the performance of the work under this Agreement and will make its contractors and subcontractors aware of this provision.

D.27. MODIFICATION OF OVERALL WORK PLAN: At the request of the Grantee, the State may at its sole discretion approve non-material changes to the portions of Exhibits A, B, and C which concern the budget and schedule without formally amending this Grant Agreement. Non-material changes with respect to the budget are changes that only result in reallocation of the budget and will not result in an increase in the amount of the State Grant Agreement. Non-material changes with respect to the Project schedule are changes that will not extend the term of this Grant Agreement. Requests for nonmaterial changes to the budget and schedule must be submitted by the Grantee to the State in writing and are not effective unless and until specifically approved by the State’s Program Manager in writing.

D.28. NONDISCRIMINATION: During the performance of this Grant Agreement, Grantee and its contractors or subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex (gender), sexual orientation, gender identity, race, color, ancestry, religion, creed, national origin (including language use restriction), pregnancy, physical disability (including HIV and AIDS), mental disability, medical condition (cancer/genetic characteristics), age (over 40), marital/domestic partner status, and denial of medical and family care leave or pregnancy disability leave. Grantee and its contractors or subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Grantee and its contractors or subcontractors shall comply with the provisions of the California Fair Employment and Housing Act (Gov. Code, § 12990.) and the applicable regulations promulgated there under (Cal. Code Regs., tit. 2, § 11000 et seq.). The applicable regulations of the Fair Employment and Housing are incorporated into this Agreement by reference. Grantee and its contractors or subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement.

Grantee shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Grant Agreement.

D.29. OPINIONS AND DETERMINATIONS: Where the terms of this Grant Agreement provide for action to be based upon, judgment, approval, review, or determination of either party hereto, such terms are not intended to be and shall never be construed as permitting such opinion, judgment, approval, review, or determination to be arbitrary, capricious, or unreasonable.

D.30. PERFORMANCE BOND: Where contractors are used, the Grantee shall not authorize construction to begin until each contractor has furnished a performance bond in favor of the Grantee in the following amounts: faithful performance (100%) of contract value, and labor and materials (100%) of contract value. This requirement shall not apply to any contract for less than $25,000.00. Any bond issued pursuant to this paragraph must be issued by a California-admitted surety. (Pub. Contract Code, § 7103; Code Civ. Proc., § 995.311.)
D.31. PRIORITY HIRING CONSIDERATIONS: If this Grant Agreement includes services in excess of $200,000, the Grantee shall give priority consideration in filling vacancies in positions funded by the Grant Agreement to qualified recipients of aid under Welfare and Institutions Code section 11200 in accordance with Public Contract Code section 10353.

D.32. PROHIBITION AGAINST DISPOSAL OF PROJECT WITHOUT STATE PERMISSION: The Grantee shall not sell, abandon, lease, transfer, exchange, mortgage, hypothecate, or encumber in any manner whatsoever all or any portion of any real or other property necessarily connected or used in conjunction with the Project, or with Grantee’s service of water, without prior permission of State.

Grantee shall not take any action, including but not limited to actions relating to user fees, charges, and assessments that could adversely affect the ability of Grantee meet its obligations under this DocuSign Envelope ID: 75B7F2A0-D9F3-4102-A11B-C17C93EF9220 275 494
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Grant Agreement, without prior written permission of State. State may require that the proceeds from the disposition of any real or personal property be remitted to State.

D.33. PROJECT ACCESS: The Grantee shall ensure that the State, the Governor of the State, or any authorized representative of the foregoing, will have safe and suitable access to the Project site at all reasonable times during Project construction and thereafter for the term of this Agreement.

D.34. REMAINING BALANCE: In the event the Grantee does not submit invoices requesting all of the funds encumbered under this Grant Agreement, any remaining funds revert to the State. The State will notify the Grantee stating that the Project file is closed and any remaining balance will be disencumbered and unavailable for further use under this Grant Agreement.

D.35. REMEDIES NOT EXCLUSIVE: The use by either party of any remedy specified herein for the enforcement of this Grant Agreement is not exclusive and shall not deprive the party using such remedy of, or limit the application of, any other remedy provided by law.

D.36. RETENTION: The State shall withhold ten percent (10%) of the funds, for each project, until the project is complete, and a Final Project Report is approved and accepted by DWR. If a project has multiple components (within a project), at the State's discretion and upon a written request by the Grantee, any retained amount attributable to a single component may be released when that component is complete and the Final Component Completion Report is approved. Upon approval of the Final Project Report and/or Final Component Completion Report, any retained amounts due to the Grantee will be promptly disbursed to the Grantee, without interest.

D.37. RIGHTS IN DATA: Grantee agrees that all data, plans, drawings, specifications, reports, computer programs, operating manuals, notes and other written or graphic work produced in the performance of this Grant Agreement shall be made available to the State and shall be in the public domain to the extent to which release of such materials is required under the California Public Records Act. (Gov.

Code, § 6250 et seq.) Grantee may disclose, disseminate and use in whole or in part, any final form data and information received, collected and developed under this Grant Agreement, subject to appropriate acknowledgement of credit to State for financial support. Grantee shall not utilize the materials for any profit-making venture or sell or grant rights to a third party who intends to do so. The State shall have the right to use any data described in this paragraph for any public purpose.

D.38. SEVERABILITY: Should any portion of this Grant Agreement be determined to be void or unenforceable, such shall be severed from the whole and the Grant Agreement shall continue as modified.

D.39. SUSPENSION OF PAYMENTS: This Grant Agreement may be subject to suspension of payments or termination, or both if the State determines that:

A. Grantee, its contractors, or subcontractors have made a false certification, or B. Grantee, its contractors, or subcontractors violates the certification by failing to carry out the requirements noted in this Grant Agreement.

D.40. SUCCESSORS AND ASSIGNS: This Grant Agreement and all of its provisions shall apply to and bind the successors and assigns of the parties. No assignment or transfer of this Grant Agreement or any part thereof, rights hereunder, or interest herein by the Grantee shall be valid unless and until it is approved by State and made subject to such reasonable terms and conditions as State may impose.

D.41. TERMINATION BY GRANTEE: Subject to State approval which may be reasonably withheld, Grantee may terminate this Agreement and be relieved of contractual obligations. In doing so, Grantee must provide a reason(s) for termination. Grantee must submit all progress reports summarizing accomplishments up until termination date.

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D.42. TERMINATION FOR CAUSE: Subject to the right to cure under Paragraph 12, “Default Provisions,” the State may terminate this Grant Agreement and be relieved of any payments should Grantee fail to perform the requirements of this Grant Agreement at the time and in the manner herein, provided including but not limited to reasons of default under Paragraph 12, “Default Provisions.” D.43. TERMINATION WITHOUT CAUSE: The State may terminate this Agreement without cause on 30 days’ advance written notice. The Grantee shall be reimbursed for all reasonable expenses incurred up to the date of termination.

D.44. THIRD PARTY BENEFICIARIES: The parties to this Agreement do not intend to create rights in, or grant remedies to, any third party as a beneficiary of this Agreement, or any duty, covenant, obligation or understanding established herein.

D.45. TIMELINESS: Time is of the essence in this Grant Agreement.

D.46. TRAVEL – DAC, EDA, TRIBES PROJECT: Travel is only an eligible reimbursable expense for projects providing at least 75% of benefits to DACs, EDAs, and/or Tribes (based on population or geographic area). Only ground transportation and lodging are eligible for grant reimbursement. Per diem costs will not be eligible for grant reimbursement. Any reimbursement for necessary travel shall be at rates not to exceed those set by the California Department of Human Resources. These rates may be found at: http://www.calhr.ca.gov/employees/Pages/travel-reimbursements.aspx. Reimbursement will be at the State travel amounts that are current as of the date costs are incurred. No travel outside of the IRWM region shall be reimbursed unless prior written authorization is obtained from the State.

D.47. UNION ORGANIZING: Grantee, by signing this Grant Agreement, hereby acknowledges the applicability of Government Code sections 16645 through 16649 to this Grant Agreement.

Furthermore, Grantee, by signing this Grant Agreement, hereby certifies that:

A. No State funds disbursed by this Grant Agreement will be used to assist, promote, or deter union organizing.

B. Grantee shall account for State funds disbursed for a specific expenditure by this Grant Agreement to show those funds were allocated to that expenditure.

C. Grantee shall, where State funds are not designated as described in (b) above, allocate, on a pro rata basis, all disbursements that support the program.

D. If Grantee makes expenditures to assist, promote, or deter union organizing, Grantee will maintain records sufficient to show that no State funds were used for those expenditures and that Grantee shall provide those records to the Attorney General upon request.

D.48. VENUE: The State and the Grantee hereby agree that any action arising out of this Agreement shall be filed and maintained in the Superior Court in and for the County of Sacramento, California, or in the United States District Court in and for the Eastern District of California. The Grantee hereby waives any existing sovereign immunity for the purposes of this Agreement.

D.49. WAIVER OF RIGHTS: None of the provisions of this Grant Agreement shall be deemed waived unless expressly waived in writing. It is the intention of the parties here to that from time to time either party may waive any of its rights under this Grant Agreement unless contrary to law. Any waiver by either party of rights arising in connection with the Grant Agreement shall not be deemed to be a waiver with respect to any other rights or matters, and such provisions shall continue in full force and effect.

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EXHIBIT E

AUTHORIZING RESOLUTION
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EXHIBIT F

REPORT FORMATS AND REQUIREMENTS
The following reporting formats should be utilized. Please obtain State approval prior to submitting a report in an alternative format.

PROGRESS REPORTS
Progress reports shall generally use the following format. This format may be modified as necessary to effectively communicate information. For each project, discuss the following at the task level, as organized in Exhibit A:
• Percent complete (by work)
• Discussion of work accomplished during the reporting period. • Milestones or deliverables completed/submitted during the reporting period. • Meetings held or attended.
• Scheduling concerns and issues encountered that may delay completion of the task.

For each project, discuss the following at the project level, as organized in Exhibit A:
• Work anticipated for the next reporting period.
• Photo documentation, as appropriate.
• Budget projections for grant share for the next two quarters • Any schedule or budget modifications approved by DWR during the reporting period.

PROJECT COMPLETION REPORT
The Project Completion Report (or a Component Completion Report, if a Project has multiple Components) shall generally use the following format provided below for each project after completion.

Executive Summary
The Executive Summary should include a brief summary of project information and include the following items:
• Brief description of work proposed to be done in the original Grant application. • List any official amendments to this Grant Agreement, with a short description of the amendment.

Reports and/or Products
The following items should be provided, unless already submitted as a deliverable:
• A copy of any final technical report or study, produced for or utilized in this Project as described in the Exhibit A
• Electronic copies of any data collected, not previously submitted • Discussion of problems that occurred during the work and how those problems were resolved • Final project schedule showing actual progress versus planned progress as shown in Exhibit C Additional information that may be applicable for implementation projects includes the following:
• Record drawings
• Final geodetic survey information
• Project photos
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Cost & Disposition of Funds
A list showing:
• Summary of Project costs including the following items:
o Accounting of the cost of project expenditure;
o Include all internal and external costs not previously disclosed (i.e., additional cost share); and o A discussion of factors that positively or negatively affected the project cost and any deviation from the original Project cost estimate.

Additional Information
• Benefits derived from the Project, with quantification of such benefits provided. • If applicable, Certification from a California Registered Professional (Civil Engineer or Geologist, as appropriate), consistent with Exhibit D, that the project was conducted in accordance with the approved Work Plan in Exhibit A and any approved amendments thereto. • Submittal schedule for the Post-Performance Report.

GRANT COMPLETION REPORT
The Grant Completion Report shall generally use the following format. This format may be modified as necessary to effectively communicate information on the various projects funded by this Grant Agreement, and includes the following:
• Executive Summary: consisting of a maximum of ten (10) pages summarizing information for the grant as well as the individual projects.
• Brief discussion of: each project completed and how they achieved IRWM Plan objectives and/or Regional goals and whether the level, type, or magnitude of benefits of the project are comparable to the original project proposal; any remaining work to be completed and mechanism for their implementation; the benefits to DAC and/or EDA as part of this Grant Agreement if a DAC or EDA Cost Share Waiver was approved for a project; and a summary of final funds disbursement for each project.

Additional Information: Summary of the submittal schedule for the Post-Performance Reports applicable for the projects in this Grant Agreement.

POST-PERFORMANCE REPORT
The Post-Performance Report (PPR) should be concise and focus on how each project is performing compared to its expected performance; whether the project is being operated and maintained and providing intended benefits as proposed. A PPR template may be provided by the assigned DWR Grant Manager upon request. The PPR should follow the general format of the template and provide requested information as applicable. The following information, at a minimum, shall be provided:

Reports and/or products
• Header including the following:
o Grantee Name
o Implementing Agency (if different from Grantee)
o Grant Agreement Number
o Project Name
o Funding grant source (i.e., 2022 Proposition 1 IRWM Implementation Grant) o Report number
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• Post-Performance Report schedule
• Time period of the annual report (e.g., January 2024 through December 2024) • Project Description Summary
• Discussion of the project benefits
• An assessment of any differences between the expected versus actual project benefits as stated in the original application. Where applicable, the reporting should include quantitative metrics (e.g., new acrefeet of water produced that year, etc.). • Summary of any additional costs and/or benefits deriving from the project since its completion, if applicable.
• Any additional information relevant to or generated by the continued operation of the project.

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EXHIBIT G

REQUIREMENTS FOR DATA SUBMITTAL
Surface and Groundwater Quality Data:

Groundwater quality and ambient surface water quality monitoring data that include chemical, physical, or biological data shall be submitted to the State as described below, with a narrative description of data submittal activities included in project reports.

Surface water quality monitoring data shall be prepared for submission to the California Environmental Data Exchange Network (CEDEN). The CEDEN data templates are available on the CEDEN website.

Inclusion of additional data elements described on the data templates is desirable. Data ready for submission should be uploaded to your CEDEN Regional Data Center via the CEDEN website. CEDEN website: http://www.ceden.org.

If a project’s Work Plan contains a groundwater ambient monitoring element, groundwater quality monitoring data shall be submitted to the State for inclusion in the State Water Resources Control Board’s Groundwater Ambient Monitoring and Assessment (GAMA) Program Information on the GAMA Program can be obtained at: https://www.waterboards.ca.gov/water_issues/programs/gama/. If further information is required, the Grantee can contact the State Water Resources Control Board (SWRCB) GAMA Program.

A listing of SWRCB staff involved in the GAMA program can be found at:
https://www.waterboards.ca.gov/water_issues/programs/gama/contact.shtml.

Groundwater Level Data
For each project that collects groundwater level data, the Grantee will need to submit this data to DWR’s Water Data Library (WDL), with a narrative description of data submittal activities included in project reports, as described in Exhibit F, “Report Formats and Requirements.” Information regarding the WDL and in what format to submit data in can be found at: http://www.water.ca.gov/waterdatalibrary/.

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EXHIBIT H

STATE AUDIT DOCUMENT REQUIREMENTS AND COST SHARE GUIDELINES FOR THE GRANTEE The following provides a list of documents typically required by State Auditors and general guidelines for the Grantee. List of documents pertains to both State funding and the Grantee’s Local Cost Share and details the documents/records that State Auditors would need to review in the event of this Grant Agreement is audited.

The Grantee should ensure that such records are maintained for each funded project.

State Audit Document Requirements
Internal Controls

1. Organization chart (e.g., Agency’s overall organization chart and organization chart for the State funded Program/Project).

2. Written internal procedures and flowcharts for the following:
a) Receipts and deposits
b) Disbursements
c) State reimbursement requests
d) Expenditure tracking of State funds
e) Guidelines, policy, and procedures on State funded Program/Project

3. Audit reports of the Agency internal control structure and/or financial statements within the last two years.

4. Prior audit reports on the State funded Program/Project.

State Funding:

1. Original Grant Agreement, any amendment(s) and budget modification documents.

2. A listing of all bond-funded grants, loans, or subventions received from the State.

3. A listing of all other funding sources for each Program/Project.

Contracts:

1. All subcontractor and consultant contracts and related or partners’ documents, if applicable.

2. Contracts between the Agency and member agencies as related to the State funded Program/Project.

Invoices:

1. Invoices from vendors and subcontractors for expenditures submitted to the State for payments under the Grant Agreement.

2. Documentation linking subcontractor invoices to State reimbursement, requests and related Grant Agreement budget line items.

3. Reimbursement requests submitted to the State for the Grant Agreement.

Cash Documents:

1. Receipts (copies of warrants) showing payments received from the State.

2. Deposit slips (or bank statements) showing deposit of the payments received from the State.

3. Cancelled checks or disbursement documents showing payments made to vendors, subcontractors, consultants, and/or agents under the grants or loans.

4. Bank statements showing the deposit of the receipts.

Accounting Records:

1. Ledgers showing entries for funding receipts and cash disbursements.

2. Ledgers showing receipts and cash disbursement entries of other funding sources.

3. Bridging documents that tie the general ledger to requests for Grant Agreement reimbursement.

Administration Costs:

1. Supporting documents showing the calculation of administration costs.

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Personnel:

1. List of all contractors and Agency staff that worked on the State funded Program/Project.

2. Payroll records including timesheets for contractor staff and the Agency personnel who provided services charged to the program
Project Files:

1. All supporting documentation maintained in the project files.

2. All Grant Agreement related correspondence.

Cost Share Guidelines
Cost Share consists of non-State funds, including in-kind services. In-kind services are defined as work performed (i.e., dollar value of non-cash contributions) by the Grantee (and potentially other parties) directly related to the execution of the funded project. Examples include volunteer services, equipment use, and use of facilities. The cost if in-kind service can be counted as cost share in-lieu of actual funds (or revenue) provided by the Grantee. Other cost share and in-kind service eligibility conditions may apply. Provided below is guidance for documenting cost share with and without in-kind services.

1. Although tracked separately, in-kind services shall be documented and, to the extent feasible, supported by the same methods used by the Grantee for its own employees. Such documentation should include the following:
a. Detailed description of the contributed item(s) or service(s) b. Purpose for which the contribution was made (tied to project work plan) c. Name of contributing organization and date of contribution d. Real or approximate value of contribution. Who valued the contribution and how was the value determined? (e.g., actual, appraisal, fair market, etc.). Justification of rate. (See item #2, below) e. Person’s name and the function of the contributing person f. Number of hours contributed
g. If multiple sources exist, these should be summarized on a table with summed charges h. Source of contribution if it was provided by, obtained with, or supported by government funds

2. Rates for volunteer or in-kind services shall be consistent with those paid for similar work in the Grantee’s organization. For example, volunteer service of clearing vegetation performed by an attorney shall be valued at fair market value for this service, not the rate for professional legal services. In those instances, in which the required skills are not found in the recipient organization, rates shall be consistent with those paid for similar work in the labor market. Paid fringe benefits that are reasonable, allowable, and allocable may be included in the valuation.

3. Cost share contribution (including in-kind services) shall be for costs and services directly attributed to activities included in the Grant Agreement. These services, furnished by professional and technical personnel, consultants, and other skilled labor may be counted as in-kind if the activities are an integral and necessary part of the project funded by the Grant Agreement.

4. Cash contributions made to a project shall be documented as revenue and in-kind services as expenditures. These costs should be tracked separately in the Grantee’s accounting system.

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EXHIBIT I

LOCAL PROJECT SPONSORS AND PROJECT LOCATIONS
The Grantee has assigned, for each project, a Local Project Sponsor (LPS) according to the roles of the participating agencies identified in the IRWM Plan. LPSs may act on behalf of the Grantee for the purposes of individual project management, oversight, compliance, and operations and maintenance. LPSs are identified for each sponsored Project below:

Local Project Sponsor Agency Designation
Sponsored Project: Project 1: Twin Pines Water Supply Reliability and Fire Protection Upgrades Sponsor Agency: High Valleys Water District
Agency Address: 47781 Twin Pines Road, Banning, CA 92220 Project Location: Banning, California (33.86722, -116.822778 to 33.866667, -116.814167) DocuSign Envelope ID: 75B7F2A0-D9F3-4102-A11B-C17C93EF9220 287 506
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Local Project Sponsor Agency Designation
Sponsored Project: Project 2: Esperanza Street Waterline Improvements, Phase 1 Sponsor Agency: Cabazon Water District
Agency Address: 14618 Broadway Street, Cabazon, CA 92230 Project Location: Cabazon, California (33.90055556, 116.75444444) DocuSign Envelope ID: 75B7F2A0-D9F3-4102-A11B-C17C93EF9220 288 507
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Sponsored Project: Project 3: Lions Park Recycled Water Conversion Project Sponsor Agency: City of Banning
Agency Address: 99 E. Ramsey Street, Banning, CA 92220
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EXHIBIT J

APPRAISAL SPECIFICATIONS
For implementation projects that include Land Acquisition Only:

For property acquisitions funded by this Grant Agreement, the Grantee shall submit an appraisal for review and approval by the Department of General Services or DWR’s Real Estate Branch prior to reimbursement or depositing State funds into an escrow account. This information should be submitted at least 90 days prior to a reimbursement request to account for review time. All appraisal reports, regardless of report format, shall include all applicable Appraisal Specifications below. Appraisals for a total compensation of $150,000 or more shall be reported as a Self-Contained Appraisal Report. Appraisals for a total compensation of less than $150,000 may be reported as a Summary Appraisal Report, which includes all information necessary to arrive at the appraiser’s conclusion. Appraisal Specifications 14, 16, 21, 23-25, and 28 shall be a narrative analysis regardless of the reporting format.

1. Title page with sufficient identification of appraisal assignment.

2. Letter of transmittal summarizing important assumptions and conclusions, value estimate, date of value and date of report.

3. Table of contents.

4. Assumptions and Limiting Conditions, Extraordinary Assumptions, and Hypothetical Conditions as needed.

5. Description of the scope of work, including the extent of data collection and limitations, if any, in obtaining relevant data.

6. Definition of Fair Market Value, as defined by California Code of Civil Procedure, § 1263.320.

7. Photographs of subject property and comparable data, including significant physical features and the interior of structural improvements, if applicable.

8. Copies of Tax Assessor’s plat map with the subject marked along with all contiguous assessor’s parcels that depict the ownership.

9. A legal description of the subject property, if available.

10. For large, remote or inaccessible parcels, provide aerial photographs or topographical maps depicting the subject boundaries.

11. Three (3) year subject property history, including sales, listings, leases, options, zoning, applications for permits, or other documents or facts that might indicate or affect use or value.

12. Discussion of any current Agreement of Sale, option, or listing of subject property. This issue required increased diligence since state agencies often utilize non-profit organizations to quickly acquire sensitive habitat parcels using Option Agreements. However, due to confidentiality clauses, the terms of the Option are often not disclosed to the State If the appraiser discovers evidence of an Option or the possible existence of an Option, and the terms cannot be disclosed due to a confidentiality clause, then the appraiser is to cease work and contact the client.

13. Regional, area, and neighborhood analyses. This information may be presented in a summary format.

14. Market conditions and trends including identification of the relevant market area, a discussion of supply and demand within the relevant market area, and a discussion of the relevant market factors impacting demand for site acquisition and leasing within the relevant market area. This information may be presented in a summary format.

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15. Discussion of subject land/site characteristics (size, topography, current use, elevations, zoning and land use issues, development entitlements, General Plan designation, utilities, offsite improvements, access, land features such as levees and creeks, offsite improvements, easements and encumbrances, covenants, conditions and restrictions, flood and earthquake information, toxic hazards, water rights, mineral rights, toxic hazards, taxes and assessments, etc.).

16. Description of subject improvements including all structures, square footage, physical age, type of construction, quality of construction, condition of improvements and/or identification of any permanent plantings. Discussion of construction cost methodology, costs included and excluded, accrued depreciation from all causes, remaining economic life, items of deferred maintenance and cost to cure, and incurable items. Construction cost data shall include cost data source, date of estimate or date of publication of cost manual, section and page reference of cost manual, copies of cost estimate if provided from another source, replacement or reproduction cost method used, and supporting calculations including worksheets or spreadsheets.

17. Subject property leasing and operating cost history, including all items of income and expense.

18. Analysis and conclusion of the larger parcel for partial taking appraisals. For partial taking appraisals, Appraisal Specifications generally apply to the larger parcel rather than an ownership where the larger parcel is not the entire ownership.

19. Include a copy of a recent preliminary title report (within the past year) as an appraisal exhibit.

Discuss the title exceptions and analyze the effect of title exceptions on fair market value.

20. For appraisals of partial takings or easements, a detailed description of the taking or easement area including surface features and topography, easements, encumbrances or improvements including levees within the subject partial take or easement, and whether the take area is characteristic of the larger parcel. Any characteristics of the taking area, including existing pre-project levees that render the take area different from the larger parcel shall be addressed in the valuation.

21. Opinion of highest and best use for the subject property, based on an in-depth analysis supporting the concluded use which includes the detail required by the complexity of the analysis. Such support typically requires a discussion of the four criteria of tests utilized to determine the highest and best use of a property. If alternative feasible uses exist, explain and support market, development, cash flow, and risk factors leading to an ultimate highest and best use decision.

22. All approaches to market value applicable to the property type and in the subject market. Explain and support the exclusion of any usual approaches to value.

23. Map(s) showing all comparable properties in relation to the subject property.

24. Photographs and plat maps of comparable properties.

25. In-depth discussion of comparable properties, similarities and differences compared to the subject property, adjustments to the comparable data, and discussion of the reliability and credibility of the data as it relates to the indicated subject property value. Improved comparable sales which are used to compare to vacant land subject properties shall include an allocation between land and improvements, using methodology similar to methodology used in item 16 above to estimate improvement value when possible, with an explanation of the methodology used.

26. Comparable data sheets.
a. For sales, include information on grantor/Grantee, sale/recordation dates, listed or asking price as of the date of sale, highest and best use, financing, conditions of sale, buyer motivation, sufficient location information (street address, post mile, and/or distance from local landmarks such as bridges, road intersections, structures, etc.), land/site characteristics, improvements, source of any allocation of sale price between land and improvements, and confirming source.

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b. For listings, also include marketing time from list date to effective date of the appraisal, original list price, changes in list price, broker feedback, if available. c. For leases, include significant information such as lessor/lessee, lease date and term, type of lease, rent and escalation, expenses, size of space leased, tenant improvement allowance, concessions, use restrictions, options, and confirming source. When comparing improved sales to a vacant land subject, the contributory value of the improvements shall be segregated from the land value.

27. For appraisals of easements, a before and after analysis of the burden of the easement on the fee, with attention to how the easement affects highest and best use in the after condition. An Easement Valuation Matrix or generalized easement valuation references may be used ONLY as a reference for a secondary basis of value.

28. For partial taking and easement appraisals, valuation of the remainder in the after condition and analysis and identification of any change in highest and best use or other characteristics in the after condition, to establish severance damages to the remainder in the after condition, and a discussion of special and general benefits, and cost to cure damages or construction contract work.

29. There are occasions where properties involve water rights, minerals, or salable timber that require separate valuations. If an appraisal assignment includes water rights, minerals, or merchantable timber that requires separate valuation, the valuation of the water rights, minerals, or merchantable timber shall be completed by a credentialed subject matter specialist.

30. For partial taking and easement appraisals, presentation of the valuation in California partial taking acquisition required format.

31. Implied dedication statement.

32. Reconciliation and final value estimate. Include analysis and comparison of the comparable sales to the subject, and explain and support conclusions reached.

33. Discussion of any departures taken in the development of the appraisal.

34. Signed Certification consistent with the language found in Uniform Standards of Professional Appraisal Practice.

35. If applicable, in addition to the above, appraisals of telecommunication sites shall also provide:
a. A discussion of market conditions and trends including identification of the relevant market, a discussion of supply and demand within the relevant market area and a discussion of the relevant market factors impacting demand for site acquisition and leasing within the relevant market area. b. An analysis of other leases comparable to subject property. Factors to be discussed in the analysis include the latitude, longitude, type of tower, tower height, number of rack spaces, number of racks occupied, placement of racks, power source and adequacy, back-up power, vault and site improvements description and location on site, other utilities; access, and road maintenance costs.

DocuSign Envelope ID: 75B7F2A0-D9F3-4102-A11B-C17C93EF9220 292 511
Grant Agreement No. 4600015401

EXHIBIT K

INFORMATION NEEDED FOR ESCROW PROCESSING AND CLOSURE
For implementation projects that include Land Acquisition Only:

The Grantee shall provide the following documents to the State Project Representative during the escrow process. Property acquisition escrow documents shall be submitted within the term of this Grant Agreement and after a qualified appraisal has been approved. • Name and Address of Title Company Handling the Escrow • Escrow Number
• Name of Escrow Officer
• Escrow Officer’s Phone Number
• Dollar Amount Needed to Close Escrow
• Legal Description of Property Being Acquired
• Assessor’s Parcel Number(s) of Property Being Acquired • Copy of Title Insurance Report
• Entity Taking Title as Named Insured on Title Insurance Policy • Copy of Escrow Instructions in Draft Form Prior to Recording for Review Purposes • Copy of Final Escrow Instructions
• Verification that all Encumbrances (i.e., Liens, Back Taxes, and Similar Obligations) have been Cleared Prior to Recording the Deed to Transfer Title
• Copy of Deed for Review Purposes Prior to Recording
• Copy of Deed as Recorded in County Recorder’s Office
• Copy of Escrow Closure Notice
DocuSign Envelope ID: 75B7F2A0-D9F3-4102-A11B-C17C93EF9220 293 512
Grant Agreement No. 4600015401

EXHIBIT L

PROJECT MONITORING PLAN GUIDANCE
Introduction
For each project contained in Exhibit A, please include a brief description of the project (maximum ~150 words) including project location, implementation elements, need for the project (what problem will the project address) and responds to the requirements listed below.

Project Monitoring Plan Requirements
The Project Monitoring Plan shall contain responses to the following questions:
• What are the anticipated project physical benefits?
• What are the corresponding numeric targets for each project benefit? • How will proposed numeric targets be measured?
• What are baseline conditions?
• When will the targets be met (e.g., upon project completion, five years after completion)? • How often will monitoring be undertaken (e.g., monthly, yearly). • Where are monitoring point locations (e.g., meter located at…, at stream mile…)? Include relevant maps.
• How will the project be maintained (e.g., irrigation, pest management, weed abatement)? • What will be the frequency and duration of maintenance proposed activities? • Are there any special environmental considerations (e.g., resource agency requirements, permit requirements, CEQA/NEPA mitigation measures)?
• Who is responsible for collecting the samples (i.e., who is conducting monitoring and/or maintenance)?
• How, and to whom, will monitoring results be reported (e.g., paper reports, online databases, public meetings)?
• What adaptive management strategies will be employed if problems are encountered during routine monitoring or maintenance?
• What is the anticipated life of the project?
DocuSign Envelope ID: 75B7F2A0-D9F3-4102-A11B-C17C93EF9220 294 513
Grant Agreement No. 4600015401

EXHIBIT M

INVOICE GUIDANCE FOR ADMINISTRATIVE AND OVERHEAD CHARGES The funds provided pursuant to this Agreement may only be used for costs that are directly related to the funded Project. The following provides a list of typical requirements for invoicing, specifically providing guidance on the appropriate methods for invoicing administrative and direct overhead charges.

Administration Charges
Indirect and General Overhead (i.e., indirect overhead) charges are not an allowable expense for reimbursement. However, administrative expenses that are apportioned directly to the project are eligible for reimbursement. Cost such as rent, office supplies, fringe benefits, etc. can be “Direct Costs” and are eligible expenses as long as:
• There is a consistent, articulated method for how the costs are allocated that is submitted and approved by the Grant Manager. The allocation method must be fully documented for auditors. • A “fully-burdened labor rate” can be used to capture allowable administrative costs. • The administrative/overhead costs can never include:
o Non-project specific personnel and accounting services performed within the Grantee or an LPS’ organization
o Markup
o Tuition
o Conference fees
o Building and equipment depreciation or use allowances • Using a general overhead percentage is never allowed
Labor Rates
The Grantee must provide DWR with supporting documentation for personnel hours (see personnel billing rates letter in example invoice packet). The personnel rate letter should be submitted to the DWR Grant Manager prior to submittal of the first invoice. The supporting documentation must include, at a minimum, employee classifications that will reimbursed by grant funds and the corresponding hourly rate range. These rates should be “burdened”; the burdened rate must be consistent with the Grantee’s/Local Project Sponsors standardized allocation methodology. The supporting documentation should also provide an explanation of what costs make up the burdened rate and how those costs were determined. This information will be used to compare against personnel hours summary table invoice back up documentation. Periodic updates may be needed during the life of the grant which would be handled through a revised billing rate letter.

DocuSign Envelope ID: 75B7F2A0-D9F3-4102-A11B-C17C93EF9220 295 514
Certificate Of Completion
Envelope Id: 75B7F2A0D9F34102A11BC17C93EF9220 Status: Completed Subject: Complete with DocuSign: 4600015401 Agreement.pdf FormID:

Optional 1:

Source Envelope:

Document Pages: 53 Signatures: 3 Envelope Originator:

Certificate Pages: 6 Initials: 0 Graber, Lana
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
715 P Street
Sacramento, CA 95814
[email protected]
IP Address: 136.200.53.18
Record Tracking
Status: Original
2023/10/23 | 15:11
Holder: Graber, Lana
[email protected]
Location: DocuSign
Security Appliance Status: Connected Pool: StateLocal
Storage Appliance Status: Connected Pool: Department of Water Resources Location: DocuSign Signer Events Signature Timestamp
Muzaffar Eusuff
[email protected]
Supervising Engineer
Department of Water Resources
Security Level: Email, Account Authentication
(None)
Completed
Using IP Address: 136.200.53.19
Sent: 2023/10/23 | 15:46
Viewed: 2023/10/23 | 15:47
Signed: 2023/10/23 | 15:49
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Doug Schulze
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Uploaded Signature Image
Using IP Address: 47.180.127.242
Sent: 2023/10/23 | 15:49
Viewed: 2023/10/31 | 08:07
Signed: 2023/10/31 | 08:07
Electronic Record and Signature Disclosure:

Accepted: 2023/10/31 | 08:07
ID: 884b4f24-0fca-4e20-a1a3-9ed2fb6ea927
James Herink
[email protected]
Attorney IV
Department of Water Resources
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 73.2.6.220
Sent: 2023/10/31 | 08:07
Viewed: 2023/10/31 | 08:37
Signed: 2023/10/31 | 08:37
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Arthur Hinojosa
[email protected]
Manager, Division of Regional Assistance
Department of Water Resources
Security Level: Email, Account Authentication
(None)
Signature Adoption: Drawn on Device
Using IP Address: 12.40.109.47
Sent: 2023/10/31 | 08:37
Viewed: 2023/10/31 | 08:54
Signed: 2023/10/31 | 08:55
Electronic Record and Signature Disclosure:
296 515
Signer Events Signature Timestamp
Accepted: 2019/02/13 | 12:04
ID: 06486c94-6b1f-485f-a887-d0624ad04d23
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Desiree Ramirez
[email protected]
senior Environmental Scientist
Department of Water Resources
Security Level: Email, Account Authentication
(None)
Using IP Address: 136.200.53.16
Sent: 2023/10/23 | 15:18
Viewed: 2023/10/23 | 15:46
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Carbon Copy Events Status Timestamp
Arturo Vela
[email protected]
Director of Public Works
Security Level: Email, Account Authentication
(None)
Sent: 2023/10/23 | 15:49
Viewed: 2023/10/23 | 16:04
Electronic Record and Signature Disclosure:

Accepted: 2023/10/16 | 14:18
ID: cb9fc1e0-8cd5-4454-adb9-3cf371a0890c
Joelin Nordine
[email protected]
Security Level: Email, Account Authentication
(None)
Sent: 2023/10/31 | 08:55
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Pakiza Chatha
[email protected]
Engineer, Water Resources
Department of Water Resources
Security Level: Email, Account Authentication
(None)
Sent: 2023/10/31 | 08:55
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 2023/10/23 | 15:18
Certified Delivered Security Checked 2023/10/31 | 08:54 Signing Complete Security Checked 2023/10/31 | 08:55
Completed Security Checked 2023/10/31 | 08:55
Payment Events Status Timestamps
297 516
Electronic Record and Signature Disclosure
298 517

ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, Department of Water Resources (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through your DocuSign, Inc. (DocuSign) Express user account. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to these terms and conditions, please confirm your agreement by clicking the 'I agree' button at the bottom of this document.

Getting paper copies
At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. For such copies, as long as you are an authorized user of the DocuSign system you will have the ability to download and print any documents we send to you through your DocuSign user account for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per-page fee. You may request delivery of such paper copies from us by following the procedure described below.

Withdrawing your consent
If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below.

Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. To indicate to us that you are changing your mind, you must withdraw your consent using the DocuSign 'Withdraw Consent' form on the signing page of your DocuSign account. This will indicate to us that you have withdrawn your consent to receive required notices and disclosures electronically from us and you will no longer be able to use your DocuSign Express user account to receive required notices and consents electronically from us or to sign electronically documents from us.

All notices and disclosures will be sent to you electronically Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through your DocuSign user account all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us.

How to contact Department of Water Resources:

Electronic Record and Signature Disclosure created on: 2018/10/17 | 11:08 Parties agreed to: Doug Schulze, Arthur Hinojosa, Arturo Vela 299 518
You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows:

To contact us by phone call: (916) 653-5791
To contact us by paper mail, please send correspondence to:

Department of Water Resources
P.O. Box 942836
Sacramento, CA 95236-0001
To advise Department of Water Resources of your new e-mail address To let us know of a change in your e-mail address where we should send notices and disclosures electronically to you, you must send an email message to us at [email protected] and in the body of such request you must state: your previous e-mail address, your new e-mail address. We do not require any other information from you to change your email address..

In addition, you must notify DocuSign, Inc to arrange for your new email address to be reflected in your DocuSign account by following the process for changing e-mail in DocuSign.

To request paper copies from Department of Water Resources To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an e-mail to [email protected] and in the body of such request you must state your e-mail address, full name, US Postal address, and telephone number. We will bill you for any fees at that time, if any.

To withdraw your consent with Department of Water Resources To inform us that you no longer want to receive future notices and disclosures in electronic format you may:
i. decline to sign a document from within your DocuSign account, and on the subsequent page, select the check-box indicating you wish to withdraw your consent, or you may; ii. send us an e-mail to and in the body of such request you must state your e-mail, full name, IS Postal Address, telephone number, and account number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process..

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SENDERS): Internet Explorer 6.0? or above
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SIGNERS): Internet Explorer 6.0?, Mozilla FireFox 1.0, NetScape 7.2 (or above) Email: Access to a valid email account
300 519
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** These minimum requirements are subject to change. If these requirements change, we will provide you with an email message at the email address we have on file for you at that time providing you with the revised hardware and software requirements, at which time you will have the right to withdraw your consent.

Acknowledging your access and consent to receive materials electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please verify that you were able to read this electronic disclosure and that you also were able to print on paper or electronically save this page for your future reference and access or that you were able to e-mail this disclosure and consent to an address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format on the terms and conditions described above, please let us know by clicking the 'I agree' button below.

By checking the 'I Agree' box, I confirm that:
 I can access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OF ELECTRONIC RECORD AND SIGNATURE DISCLOSURES document; and  I can print on paper the disclosure or save or send the disclosure to a place where I can print it, for future reference and access; and
 Until or unless I notify Department of Water Resources as described above, I consent to receive from exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to me by Department of Water Resources during the course of my relationship with you.
301 520
AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES (C00782) FOR GRANT APPLICATION PREPARATION SERVICES FOR THE PROPOSITION 1 ROUND 2 INTEGRATED REGIONAL WATER MANAGEMENT GRANT

PROGRAM BY AND BETWEEN CITY OF BANNING AND WOODARD &

CURRAN, INCORPORATED

1. PARTIES AND DATE
THIS AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES
AGREEMENT (“Amendment No. 1”) by and between the CITY OF BANNING (“City”) and WOODARD & CURRAN, INCORPORATED, a Maine corporation (“Consultant”) is effective this day of: _______________.

2. RECITALS

2.1 City and Consultant entered into an agreement dated February 23, 2023 for the purpose of providing Grant Writing and Grant Management services (“Master Agreement”) following Request for Proposals and approved by City Council Resolution No. 2022-110.

2.2 City and Consultant now desire to amend the Master Agreement to exercise the option to extend the term of the Master Agreement.

NOW, THEREFORE, in consideration of the above recitals and the mutual covenants, conditions, and promises contained in the Master Agreement, the Parties mutually agree follows:

3. INCORPORATION OF RECITALS

3.1 The recitals listed above are true and correct and are hereby incorporated herein by this reference.

4. AMENDMENT TERMS

4.1 The compensation for services performed pursuant to this Master Agreement and Amendment No. 1 is a zero change thereby shall remain unchanged for a total not to exceed amount of Seventy-Four Thousand One Hundred Thirty-Six Dollars ($74,136.00).

4.2 The term of the Master Agreement shall be extended through September 30, 2026, unless terminated earlier as provided in the Master Agreement.

4.3 Continuing Effect of Agreement. Except as amended by this Amendment No. 1, all provisions of the Master Agreement shall remain unchanged and in full force and effect.

DocuSign Envelope ID: CF9FD82B-2825-49C2-9C05-BE687B8A1CCE 9/19/2023
240 521

4.4 The parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 1.

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

4.6 This Amendment No. 1 may be signed in counterparts, each of which shall constitute an original.

4.7 Each Party may adopt as its signature an electronic identification consisting of a symbol or code that is affixed to or contained in each document transmitted by such Party (“electronic signature”). The Parties hereto herby agree that electronic signatures are acceptable, shall have the same force and effect under the law as original wet signatures, and shall be sufficient to verify that the Parties have executed this Agreement and such other documents transmitted by the Parties. [SIGNATURES ON FOLLOWING PAGE]
DocuSign Envelope ID: CF9FD82B-2825-49C2-9C05-BE687B8A1CCE 241 522
IN WITNESS WHEREOF the Parties hereto have executed this Amendment No. 1 to the Master Agreement the day and year first hereinabove written.

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

City Council Approval: _______________ NAME: Date
TITLE:

ATTEST:

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

APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE

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

DocuSign Envelope ID: CF9FD82B-2825-49C2-9C05-BE687B8A1CCE Sally Johnson
Project Manager
9/19/2023 9/18/2023
9/19/2023
Reso 2022-110
242 523