Fowler City Council
November 4, 2025

CITY COUNCIL MEETING
TUESDAY, NOVEMBER 04, 2025 at 6:00 PM
CITY COUNCIL CHAMBER – 128 SOUTH 5TH STREET, FOWLER, CA 93625 AGENDA
This meeting is being conducted by teleconference at the following locations: Fowler City Council Chamber, 128 S. 5th Street, Fowler, CA 93625; and Hokulani Waikiki by Hilton Grand Vacations, 2181 Kalakaua Ave., Honolulu, HI, 96815. Each teleconference location is open to the public and any member of the public has the opportunity to address the City Council from a teleconference location in the same manner as if that person attended the meeting location. The City Council will control the conduct of the meeting and determine the appropriate order and time limitations on public comments from the teleconference locations.

In compliance with the Americans with Disabilities Act, if you need assistance or accommodations to access the City Council Chambers or participate in this meeting, please contact the Clerk at (559) 834-3113 x102. Notification at least 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility.

City Council meetings are open to the public at the physical address listed above. There are numerous ways to participate in the City Council meetings: you may attend in person, you may appear by telephone as described below, or you may submit written comments via email to [email protected]. Please include your name and reference the agenda item you are commenting on, if any. Written comments received that do not specify an agenda item will be marked for the general public comment portion of the agenda. Emails received by 8:00 am on the date of the meeting will be provided to the City Council at the meeting and made part of the record of proceedings but will not be read aloud.

En cumplimiento con la Acta de Americanos con Discapacidades si necesita asistencia o adaptaciones para acceder a las Cámaras del Concejo de la Ciudad o participar en esta reunión, comuníquese con el secretario de la ciudad al (559) 834-3113 x102. También puede ponerse en contacto con el secretario si necesita servicios de traducción. La notificación al menos 48 horas antes de la reunión permitirá a la Ciudad hacer arreglos razonables para garantizar la accesibilidad.
https://us06web.zoom.us/j/82609334648?pwd=DQx70WQ0iADjn1QVpPcZUvFXBqwMQ.yYEts4IaLRtKdaL_ Telephone Number: (253) 215-8782
Meeting ID: 826 0933 4648
Passcode: 620316
Persons accessing the meeting will have an opportunity to provide comments at appropriate times during the meeting. To speak during a public comment period, press *9 on your phone to raise your hand or click “raise hand” in the webinar. At the appropriate 1 time, you will be prompted to unmute yourself, and asked to identify yourself when providing public comment.

Any writing or document that is a public record and provided to a majority of the City Council regarding an open session item on the agenda will be made available for public inspection at City Hall, in the City Clerk's office, during normal business hours. In addition, such writings and documents may be posted on the City's website at https://fowlercity.org.

Resolutions and Ordinances - With respect to the approval of resolutions and ordinances, the reading of the title thereto shall be deemed a motion to waive a reading of the complete resolution or ordinance and unless there is a request by a Councilmember that the resolution or ordinance be read in full, further reading of the resolution or ordinance shall be deemed waived by unanimous consent of the Council.

1. MEETING CALLED TO ORDER

2. ROLL CALL

3. APPROVAL OF AGENDA

4. INVOCATION BY PASTOR WALLY ROBERTS OF ROSE OF SHARON CHURCH

5. PLEDGE OF ALLEGIANCE

6. CEREMONIAL PRESENTATIONS
A. Veterans Day Proclamation

7. PUBLIC COMMENT
This portion of the meeting is reserved for persons desiring to address the Council on any matter not described on this agenda. Presentations are limited to 3 minutes per person and no more than 15 minutes per topic.

8. CONSENT CALENDAR
Items on the Consent Calendar are considered routine and include a recommended action from Staff and shall be acted on by one motion of the Council. If a Councilmember requests additional information or would like to pull an item for discussion, that item shall be pulled from the Consent Calendar and acted upon separately. A Councilmember may register an action on an individual item without pulling the item from the Consent Calendar. A motion to approve the Consent Calendar is deemed to include a motion to waive the full reading of any ordinance or resolution on the Consent Calendar. For adoption of ordinances, only those which received a unanimous vote of the Councilmembers present at introduction shall be eligible for placement on the Consent Calendar.
8A RATIFY Pay Warrants for November 4, 2025
8B APPROVE Minutes of the October 6, 2025 City Council Meeting 8C APPROVE Resolution No. 2811 an updated Employee Travel Policy 2 8D APPROVE a $1000 donation to Worship Centre Youth Group using Fiscal Year 2025-26 CalRecycle Funds
8E APPROVE Amendment 3 to the Well No. 9 Drought Resiliency Project Agreement for a Time Extension and Authorize the City Manager to Execute the Amendment

9. CONTESTED CONSENT CALENDAR
Items pulled from the Consent Calendar will be heard individually immediately after action is taken on the Consent Calendar.

10. GENERAL ADMINISTRATION
Finance
A APPROVE Resolution No. 2812 Approving an Accounting Software License and Agreement with Corbin Willits Systems

11. STAFF COMMUNICATIONS

12. COUNCILMEMBER REPORTS AND COMMENTS

13. ADJOURN
Next Ordinance No. 2025-07
Next Resolution No. 2813
CERTIFICATION: I, Angela Vasquez, City Clerk of the City of Fowler, California, hereby certify that the foregoing agenda was posted for public review on Thursday, October 30, 2025.

Angela Vasquez, CPMC
City Clerk
3 CHECK NUMBERS CHECK DATES AMOUNT

ACCOUNTS PAYABLE CHECKS
Regular checks 45457-45556 October 09 - October 27 $ 1,260,255.20 TOTAL ACCOUNTS PAYABLE CHECKS $ 1,260,255.20

PAYROLL COSTS
First October Bi-Weekly Payroll $
Second October Bi-Weekly Payroll $
125,093.96
128,176.69
TOTAL PAYROLL COSTS $ 253,270.65
TOTAL CASH DISBURSEMENTS $ 1,513,525.85
NOTE:

CITY OF FOWLER

WARRANTS LIST
November 4, 2025
4 Section 8, Item 8A
SUPERION PAGE NUMBER: 1
DATE: 10/09/2025 CITY OF FOWLER VENCHK11
TIME: 19:53:55 CHECK REGISTER ACCOUNTING PERIOD: 4/26
FUND - 100 - GENERAL FUND

CHECK NUMBER CASH ACCT DATE ISSUED --------------VENDOR-------------- ACCT -------DESCRIPTION------- AMOUNT 45457 1001 10/09/25 14813 24/7 PET VET 5220 ANIMAL CARE 103.50 45458 1001 10/09/25 10007 ALERT-O-LITE, INC 5195 SUPPLIES WATER 216.70 45458 1001 10/09/25 10007 ALERT-O-LITE, INC 5195 SUPPLIES WATER 3,357.77 45458 1001 10/09/25 10007 ALERT-O-LITE, INC 5715 EQUIPMENT WATER 1,668.56 TOTAL CHECK 5,243.03
45459 1001 10/09/25 12489 BATTERY SYSTEMS INC 5205 FLEET STREETS 60.73 45460 1001 10/09/25 10024 BSK ASSOCIATES 5220 WATER TEST 9/17/25 123.40 45461 1001 10/09/25 10043 CARROT-TOP INDUSTRIES 5710 POLE 93.45 45462 1001 10/09/25 14131 SWEEPING CORP OF AMERICA 5220 STREET SWEEP SEP 25 3,950.00 45462 1001 10/09/25 14131 SWEEPING CORP OF AMERICA 5220 SWEEP WSTE MGMT YRD 900.00 TOTAL CHECK 4,850.00
45463 1001 10/09/25 14247 FOWLER ACE HARDWARE 5121 WATER DEPT SUPPLIES 7.18 45463 1001 10/09/25 14247 FOWLER ACE HARDWARE 5121 WATER DEPT SUPPLIES 17.33 45463 1001 10/09/25 14247 FOWLER ACE HARDWARE 5121 WATER DEPT SUPPLIES 27.88 45463 1001 10/09/25 14247 FOWLER ACE HARDWARE 5121 WATER DEPT SUPPLIES 25.70 45463 1001 10/09/25 14247 FOWLER ACE HARDWARE 5121 WATER DEPT SUPPLIES 26.11 45463 1001 10/09/25 14247 FOWLER ACE HARDWARE 5121 WATER DEPT SUPPLIES 455.54 45463 1001 10/09/25 14247 FOWLER ACE HARDWARE 5121 WATER DEPT SUPPLIES 10.89 45463 1001 10/09/25 14247 FOWLER ACE HARDWARE 5121 WATER DEPT SUPPLIES 146.02 45463 1001 10/09/25 14247 FOWLER ACE HARDWARE 5121 WATER DEPT SUPPLIES 49.03 45463 1001 10/09/25 14247 FOWLER ACE HARDWARE 5121 WATER DEPT SUPPLIES 17.43 45463 1001 10/09/25 14247 FOWLER ACE HARDWARE 5121 WATER DEPT SUPPLIES 40.30 45463 1001 10/09/25 14247 FOWLER ACE HARDWARE 5121 WATER DEPT SUPPLIES 257.16 45463 1001 10/09/25 14247 FOWLER ACE HARDWARE 5121 WATER DEPT SUPPLIES 27.21 45463 1001 10/09/25 14247 FOWLER ACE HARDWARE 5121 WATER DEPT SUPPLIES 107.89 45463 1001 10/09/25 14247 FOWLER ACE HARDWARE 5121 WATER DEPT SUPPLIES 6.53 TOTAL CHECK 1,222.20
45464 14249 FOWLER ACE HARDWARE VOID: MULTI STUB CHECK
45465 1001 10/09/25 14249 FOWLER ACE HARDWARE 5121 SUPPLIES PARK 79.52 45465 1001 10/09/25 14249 FOWLER ACE HARDWARE 5121 SUPPLIES PARK 87.16 45465 1001 10/09/25 14249 FOWLER ACE HARDWARE 5121 SUPPLIES PARKS 5.44 45465 1001 10/09/25 14249 FOWLER ACE HARDWARE 5121 SUPPLIES PARKS 8.71 45465 1001 10/09/25 14249 FOWLER ACE HARDWARE 5121 SUPPLIES PARKS 46.84 45465 1001 10/09/25 14249 FOWLER ACE HARDWARE 5121 SUPPLIES PARKS 63.19 45465 1001 10/09/25 14249 FOWLER ACE HARDWARE 5121 SUPPLIES PARKS 38.13 45465 1001 10/09/25 14249 FOWLER ACE HARDWARE 5121 SUPPLIES PARKS 33.33 45465 1001 10/09/25 14249 FOWLER ACE HARDWARE 5121 SUPPLIES PARKS 48.07 45465 1001 10/09/25 14249 FOWLER ACE HARDWARE 5121 SUPPLIES PARKS 6.53 45465 1001 10/09/25 14249 FOWLER ACE HARDWARE 5121 SUPPLIES PARKS 7.18 45465 1001 10/09/25 14249 FOWLER ACE HARDWARE 5121 SUPPLIES PARKS 50.11 45465 1001 10/09/25 14249 FOWLER ACE HARDWARE 5121 SUPPLIES PARKS 7.18 45465 1001 10/09/25 14249 FOWLER ACE HARDWARE 5121 SUPPLIES PARKS 7.81 45465 1001 10/09/25 14249 FOWLER ACE HARDWARE 5121 SUPPLIES PARKS 37.12 45465 1001 10/09/25 14249 FOWLER ACE HARDWARE 5121 SUPPLIES PARKS 15.25 45465 1001 10/09/25 14249 FOWLER ACE HARDWARE 5121 SUPPLIES PARKS 82.65 45465 1001 10/09/25 14249 FOWLER ACE HARDWARE 5121 SUPPLIES PARKS 2.72 45465 1001 10/09/25 14249 FOWLER ACE HARDWARE 5121 SUPPLIES PARKS 325.62 45465 1001 10/09/25 14249 FOWLER ACE HARDWARE 5121 SUPPLIES PARKS 47.44 5 Section 8, Item 8A
SUPERION PAGE NUMBER: 2
DATE: 10/09/2025 CITY OF FOWLER VENCHK11
TIME: 19:53:55 CHECK REGISTER ACCOUNTING PERIOD: 4/26
FUND - 100 - GENERAL FUND

CHECK NUMBER CASH ACCT DATE ISSUED --------------VENDOR-------------- ACCT -------DESCRIPTION------- AMOUNT 45465 1001 10/09/25 14249 FOWLER ACE HARDWARE 5121 SUPPLIES PARKS 14.16 45465 1001 10/09/25 14249 FOWLER ACE HARDWARE 5121 SUPPLIES PARKS 57.45 45465 1001 10/09/25 14249 FOWLER ACE HARDWARE 5121 SUPPLIES PARKS 76.26 45465 1001 10/09/25 14249 FOWLER ACE HARDWARE 5121 SUPPLIES PARKS 35.94 45465 1001 10/09/25 14249 FOWLER ACE HARDWARE 5121 SUPPLIES PARKS 21.79 TOTAL CHECK 1,205.60
45466 1001 10/09/25 10137 GLEIM-CROWN PUMP, INC 5200 PUMP MAINTENANCE 2,017.70 45467 1001 10/09/25 14749 HOFFMAN SECURITY 5160 MONTHLY SVCS ACCESS 454.00 45467 1001 10/09/25 14749 HOFFMAN SECURITY 5220 MONIT SVC OCT25 38.00 TOTAL CHECK 492.00
45468 1001 10/09/25 15061 JB ELECTRIC 5710 PUMP SITE UPGRADE 2,784.50 45469 1001 10/09/25 15208 JORGE NUNEZ 5110 EAD ENTERTAIN 400.00 45470 1001 10/09/25 14843 O'REILLY AUTO PARTS 5205 FLEET STREETS 85.22 45471 1001 10/09/25 10763 SUNBELT RENTALS 5182 WNP 246.86 45472 1001 10/09/25 15123 THE SELMA BARN 5195 SUPPLIES PARKS 65.91 45473 1001 10/09/25 15314 UNIFIED FIELD SERVICES CO 5710 WELL #9 251,016.74 45473 1001 10/09/25 15314 UNIFIED FIELD SERVICES CO 5710 WELL #9 172,490.69 TOTAL CHECK 423,507.43
45474 1001 10/09/25 10725 VERIZON WIRELESS 5160 CELL PHONE SEP25 364.52 TOTAL FUND 442,866.05
6 Section 8, Item 8A
SUPERION PAGE NUMBER: 3
DATE: 10/09/2025 CITY OF FOWLER VENCHK11
TIME: 19:53:55 CHECK REGISTER ACCOUNTING PERIOD: 4/26
FUND - 201 - DISTRICT SALES TAX

CHECK NUMBER CASH ACCT DATE ISSUED --------------VENDOR-------------- ACCT -------DESCRIPTION------- AMOUNT 45475 1001 10/09/25 10441 PROFORCE LAW ENFORCEMENT 5715 SUREFIRE RIFLE LIGHTS 2,318.99 TOTAL FUND 2,318.99
TOTAL REPORT 445,185.04
7 Section 8, Item 8A
SUPERION PAGE NUMBER: 1
DATE: 10/15/2025 CITY OF FOWLER VENCHK11
TIME: 17:38:43 CHECK REGISTER ACCOUNTING PERIOD: 4/26
FUND - 100 - GENERAL FUND

CHECK NUMBER CASH ACCT DATE ISSUED --------------VENDOR-------------- ACCT -------DESCRIPTION------- AMOUNT 45476 1001 10/15/25 11689 A & C TIRE SERVICE 5205 CRWN VICTORIA 555.00 45476 1001 10/15/25 11689 A & C TIRE SERVICE 5205 FLEET STREETS 55.00 45476 1001 10/15/25 11689 A & C TIRE SERVICE 5205 FLEET PD FLAT 20.00 45476 1001 10/15/25 11689 A & C TIRE SERVICE 5205 FLEET PARKS 20.00 45476 1001 10/15/25 11689 A & C TIRE SERVICE 5205 FLEET STREETS 936.01 TOTAL CHECK 1,586.01
45477 1001 10/15/25 13597 ADVENTIST HEALTH 5310 ALCOHOL/DRUG BLOOD 85.00 45477 1001 10/15/25 13597 ADVENTIST HEALTH 5310 ALCOHOL/DRUG BLOOD 55.00 45477 1001 10/15/25 13597 ADVENTIST HEALTH 5310 ALCOHOL/DRUG BLOOD 55.00 45477 1001 10/15/25 13597 ADVENTIST HEALTH 5310 ALCOHOL/DRUG BLOOD 93.00 45477 1001 10/15/25 13597 ADVENTIST HEALTH 5310 ALCOHOL/DRUG BLOOD 93.00 45477 1001 10/15/25 13597 ADVENTIST HEALTH 5310 ALCOHOL/DRUG BLOOD 45.00 TOTAL CHECK 426.00
45478 1001 10/15/25 14519 AMAZON CAPITAL SERVICES 5100 FILE ITEMS & STAPLES 39.27 45478 1001 10/15/25 14519 AMAZON CAPITAL SERVICES 5205 FLEET PARKS 34.15 TOTAL CHECK 73.42
45479 1001 10/15/25 10025 BUFORD OIL COMPANY 5210 CFN LEADFREE GAS 3,344.04 45480 1001 10/15/25 14356 COMCAST 5160 OCT - 25 51.54
45481 1001 10/15/25 15141 E&M ELECTRIC MACHINERY,IN 5715 SCADA 8,845.00 45482 1001 10/15/25 11760 FRESNO COUNTY SHERIFFS OF 5271 DISPATCHING SERVICES 10,976.83 45483 1001 10/15/25 12466 FRESNO EOC 5105 SEPT MEALS 1,960.44 45484 1001 10/15/25 11626 GARCIA & SANCHEZ SMOG & A 5205 SMOG FLEET 50.00 45484 1001 10/15/25 11626 GARCIA & SANCHEZ SMOG & A 5205 SMOG FLEET 50.00 TOTAL CHECK 100.00
45485 1001 10/15/25 14749 HOFFMAN SECURITY 5220 MONIT SVC OCT25 89.95 45486 1001 10/15/25 14238 INFOSEND, INC 5621 MONTH MAINT SEP25 1,731.27 45486 1001 10/15/25 14238 INFOSEND, INC 5621 MONTH MAINT SEP25 587.36 TOTAL CHECK 2,318.63
45487 1001 10/15/25 10201 METRO UNIFORM & ACCESSORI 5086 DUTY JACKET 189.50 45488 1001 10/15/25 10215 NELSON'S ACE HARDWARE 5205 PW FLEET SUPPLIES 20.52 45489 1001 10/15/25 14545 NTM PRODUCTIONS 5718 CH TV SCREEN PSA 7,630.96 45489 1001 10/15/25 14545 NTM PRODUCTIONS 5160 CH TV SCREEN PSA 7,630.96 45489 1001 10/15/25 14545 NTM PRODUCTIONS 5718 MICRO STAND 33.88 TOTAL CHECK 15,295.80
45490 1001 10/15/25 14843 O'REILLY AUTO PARTS 5205 FLEET STREETS 169.84 45491 1001 10/15/25 10237 P G & E - SACRAMENTO 5170 WELL SITE 8 9/26/25 15,846.25 45491 1001 10/15/25 10237 P G & E - SACRAMENTO 5220 ADAMS&GLDN ST 9/26/25 146.32 45491 1001 10/15/25 10237 P G & E - SACRAMENTO 5170 122 S 5TH A 9/29/25 74.02 45491 1001 10/15/25 10237 P G & E - SACRAMENTO 5170 325 S 5TH 9/29/25 49.41 45491 1001 10/15/25 10237 P G & E - SACRAMENTO 5170 912 PALM 6/26/25 1.55 45491 1001 10/15/25 10237 P G & E - SACRAMENTO 5170 128 S 5TH 9/29/25 29.37 8 Section 8, Item 8A
SUPERION PAGE NUMBER: 2
DATE: 10/15/2025 CITY OF FOWLER VENCHK11
TIME: 17:38:43 CHECK REGISTER ACCOUNTING PERIOD: 4/26
FUND - 100 - GENERAL FUND

CHECK NUMBER CASH ACCT DATE ISSUED --------------VENDOR-------------- ACCT -------DESCRIPTION------- AMOUNT 45491 1001 10/15/25 10237 P G & E - SACRAMENTO 5170 128 S 5TH 9/29/25 13.99 45491 1001 10/15/25 10237 P G & E - SACRAMENTO 5170 1291 W SOUTH 9/29/25 10.51 45491 1001 10/15/25 10237 P G & E - SACRAMENTO 5170 212 E MERCED 9/29/25 155.24 45491 1001 10/15/25 10237 P G & E - SACRAMENTO 5170 2831 E MANN 9/29/25 95.26 45491 1001 10/15/25 10237 P G & E - SACRAMENTO 5170 4218 GLDNSTAT 9/29/25 52.33 45491 1001 10/15/25 10237 P G & E - SACRAMENTO 5170 500 E MERCED 9/29/25 461.83 45491 1001 10/15/25 10237 P G & E - SACRAMENTO 5170 5TH/FRESNO 9/29/25 1,119.17 45491 1001 10/15/25 10237 P G & E - SACRAMENTO 5170 5TH/FRESNO 9/29/25 14.17 45491 1001 10/15/25 10237 P G & E - SACRAMENTO 5170 5TH/FRESNO 9/29/25 7.86 45491 1001 10/15/25 10237 P G & E - SACRAMENTO 5170 7TH/TULARE 9/29/25 35.92 45491 1001 10/15/25 10237 P G & E - SACRAMENTO 5170 95 E ADAMS 9/29/25 3,927.92 45491 1001 10/15/25 10237 P G & E - SACRAMENTO 5170 9TH/MERCED 9/29/25 72.81 45491 1001 10/15/25 10237 P G & E - SACRAMENTO 5170 ADASM/5TH 9/29/25 485.33 45491 1001 10/15/25 10237 P G & E - SACRAMENTO 5170 GLDNST B 9/29/25 118.15 45491 1001 10/15/25 10237 P G & E - SACRAMENTO 5170 MAIN/5TH 9/29/25 26.29 45491 1001 10/15/25 10237 P G & E - SACRAMENTO 5170 MERCED 6TH 9/29/25 10.51 45491 1001 10/15/25 10237 P G & E - SACRAMENTO 5170 MERCED/7TH 9/29/25 10.51 45491 1001 10/15/25 10237 P G & E - SACRAMENTO 5170 RETRO FIT LOAN SEP25 941.28 45491 1001 10/15/25 10237 P G & E - SACRAMENTO 5170 SESWNW23152 9/29/25 7,732.10 45491 1001 10/15/25 10237 P G & E - SACRAMENTO 5170 TEMP/GOLDN 9/29/25 12,207.83 45491 1001 10/15/25 10237 P G & E - SACRAMENTO 5170 325 S 5TH 9/29/25 1,136.87 45491 1001 10/15/25 10237 P G & E - SACRAMENTO 5170 WELL SITE 7 9/30/25 19,819.35 TOTAL CHECK 64,602.15
45492 1001 10/15/25 15233 PRIMO BRANDS 5121 WTR SVC 108.99 45492 1001 10/15/25 15233 PRIMO BRANDS 5121 WTR SVC 108.99 45492 1001 10/15/25 15233 PRIMO BRANDS 5121 WTR SVC 109.00 45492 1001 10/15/25 15233 PRIMO BRANDS 5121 WTR SVC 109.00 TOTAL CHECK 435.98
45493 1001 10/15/25 13145 ROSENBALM ROCKERY INC 5202 SUPPLIES STREETS 77.67 45494 1001 10/15/25 10289 SOUTH COUNTY VETERINARY H 5220 DISPOSAL OF ANIMAL 55.00 45494 1001 10/15/25 10289 SOUTH COUNTY VETERINARY H 5220 DISPOSAL OF ANIMAL 55.00 45494 1001 10/15/25 10289 SOUTH COUNTY VETERINARY H 5220 DISPOSAL OF ANIMAL 55.00 TOTAL CHECK 165.00
45495 1001 10/15/25 13543 UNIFIRST CORPORATION 5185 UNIFORM STR 10/2/25 132.22 45495 1001 10/15/25 13543 UNIFIRST CORPORATION 5185 UNIFORM STRT 10/2/25 132.22 45495 1001 10/15/25 13543 UNIFIRST CORPORATION 5185 JANIT SNRCT 10/2/25 59.72 45495 1001 10/15/25 13543 UNIFIRST CORPORATION 5185 UNIFIORM STREET 10/25 120.48 45495 1001 10/15/25 13543 UNIFIRST CORPORATION 5185 UNIFOFRM STREET 10/25 120.49 TOTAL CHECK 565.13
45496 1001 10/15/25 11073 UNITED RENTALS 5182 VACCUM TRAILER 747.69 45497 1001 10/15/25 10001 WASTE MANAGEMENT CA 5185 WASTE 7.76 45497 1001 10/15/25 10001 WASTE MANAGEMENT CA 5185 WASTE 3.88 TOTAL CHECK 11.64
45498 1001 10/15/25 14738 ZERONOX 5205 SVC TUATARA 2,945.32 45498 1001 10/15/25 14738 ZERONOX 5205 SVC TUATARA 2,945.32 45498 1001 10/15/25 14738 ZERONOX 5205 SVC TUATARA 2,945.32 TOTAL CHECK 8,835.96
TOTAL FUND 120,888.74
9 Section 8, Item 8A
SUPERION PAGE NUMBER: 3
DATE: 10/15/2025 CITY OF FOWLER VENCHK11
TIME: 17:38:43 CHECK REGISTER ACCOUNTING PERIOD: 4/26
FUND - 100 - GENERAL FUND

CHECK NUMBER CASH ACCT DATE ISSUED --------------VENDOR-------------- ACCT -------DESCRIPTION------- AMOUNT 10 Section 8, Item 8A
SUPERION PAGE NUMBER: 4
DATE: 10/15/2025 CITY OF FOWLER VENCHK11
TIME: 17:38:43 CHECK REGISTER ACCOUNTING PERIOD: 4/26
FUND - 201 - DISTRICT SALES TAX

CHECK NUMBER CASH ACCT DATE ISSUED --------------VENDOR-------------- ACCT -------DESCRIPTION------- AMOUNT 45499 1001 10/15/25 10441 PROFORCE LAW ENFORCEMENT 5715 EO TECH OPTICS 5,339.78 TOTAL FUND 5,339.78
11 Section 8, Item 8A
SUPERION PAGE NUMBER: 5
DATE: 10/15/2025 CITY OF FOWLER VENCHK11
TIME: 17:38:43 CHECK REGISTER ACCOUNTING PERIOD: 4/26
FUND - 503 - TCP FUND

CHECK NUMBER CASH ACCT DATE ISSUED --------------VENDOR-------------- ACCT -------DESCRIPTION------- AMOUNT 45500 1001 10/15/25 15214 HPS MECHANICAL, INC. 5710 TCP WELL 7 316,547.22 45500 1001 10/15/25 15214 HPS MECHANICAL, INC. 5710 TCP WELL7 82,597.75 TOTAL CHECK 399,144.97
TOTAL FUND 399,144.97
12 Section 8, Item 8A
SUPERION PAGE NUMBER: 6
DATE: 10/15/2025 CITY OF FOWLER VENCHK11
TIME: 17:38:43 CHECK REGISTER ACCOUNTING PERIOD: 4/26
FUND - 765 - AB1600 GROUND WTR RCHRG

CHECK NUMBER CASH ACCT DATE ISSUED --------------VENDOR-------------- ACCT -------DESCRIPTION------- AMOUNT 45501 1001 10/15/25 10066 CONSOLIDATED IRRIGATION D 5710 COOP AGREEMENT 7,425.00 TOTAL FUND 7,425.00
TOTAL REPORT 532,798.49
13 Section 8, Item 8A
14 Section 8, Item 8A
SUPERION PAGE NUMBER: 1
DATE: 10/17/2025 CITY OF FOWLER VENCHK11
TIME: 18:28:54 CHECK REGISTER ACCOUNTING PERIOD: 4/26
FUND - 100 - GENERAL FUND

CHECK NUMBER CASH ACCT DATE ISSUED --------------VENDOR-------------- ACCT -------DESCRIPTION------- AMOUNT 45503 1001 10/17/25 13596 DHILLON, GURPINDER 2050 SVC 231 N FOURTH 1.91 45504 1001 10/17/25 15324 INNO & LAUREN CEBALLOS 2050 SVC 211 S FOURTH 83.40 45505 1001 10/17/25 12318 LEWIS, DAVID 2050 SVC 227 S SIXTH 88.01 45506 1001 10/17/25 15327 ORTIZ, CRYSTAL 2050 SVC 105 S FIFTH 81.55 45507 1001 10/17/25 15325 RAMOS, ALMA 2050 SVC 155 BONITA 27.41 45508 1001 10/17/25 15323 SURABIAN, SIERRA 2050 SVC 413 E LA CROSSE A 57.09 TOTAL FUND 339.37
TOTAL REPORT 339.37
15 Section 8, Item 8A
SUPERION PAGE NUMBER: 1
DATE: 10/17/2025 CITY OF FOWLER VENCHK11
TIME: 18:43:58 CHECK REGISTER ACCOUNTING PERIOD: 4/26
FUND - 100 - GENERAL FUND

CHECK NUMBER CASH ACCT DATE ISSUED --------------VENDOR-------------- ACCT -------DESCRIPTION------- AMOUNT 45509 1001 10/17/25 15328 NICKOLAS N DEL TORO 2099 IMPOUND MONEY 454.00 45510 1001 10/17/25 15322 QUATTRONE, ADAM & SARAH 2050 SVC 1343W DUSTIN AVE 100.00 TOTAL FUND 554.00
TOTAL REPORT 554.00
16 Section 8, Item 8A
SUPERION PAGE NUMBER: 1
DATE: 10/22/2025 CITY OF FOWLER VENCHK11
TIME: 17:37:35 CHECK REGISTER ACCOUNTING PERIOD: 4/26
FUND - 100 - GENERAL FUND

CHECK NUMBER CASH ACCT DATE ISSUED --------------VENDOR-------------- ACCT -------DESCRIPTION------- AMOUNT 45511 1001 10/22/25 10007 ALERT-O-LITE, INC 5195 SUPPLIES STREETS 160.34 45512 1001 10/22/25 15331 ALL SIGNS & SCREEN PRINTI 5220 EZ UP & TABLE COVER 1,280.46 45513 1001 10/22/25 14519 AMAZON CAPITAL SERVICES 5110 HALLOWEEN ITEMS 146.79 45514 1001 10/22/25 10026 BCT CONSULTING 5230 CABLE RUN PW 69.56 45514 1001 10/22/25 10026 BCT CONSULTING 5230 CABLE RUN PW 350.00 TOTAL CHECK 419.56
45515 1001 10/22/25 15168 BETTER ENTERPRISES, INC. 5710 WORK PERFORMED-SEP 127,198.39 45516 1001 10/22/25 10024 BSK ASSOCIATES 5220 WATER TEST 9/17/25 38.35 45516 1001 10/22/25 10024 BSK ASSOCIATES 5220 WATER TEST 9/18/25 66.70 45516 1001 10/22/25 10024 BSK ASSOCIATES 5220 WATER TEST 10/14/25 280.00 TOTAL CHECK 385.05
45517 1001 10/22/25 12654 COMCAST 5160 ENS BASIC 751.02 45518 1001 10/22/25 13598 FERGUSON WW BAKERSFIELD # 5202 HYDRANT METER 2,434.50 45518 1001 10/22/25 13598 FERGUSON WW BAKERSFIELD # 5206 WELL MAINT 257.41 45518 1001 10/22/25 13598 FERGUSON WW BAKERSFIELD # 5205 FLEET WATER 132.28 45518 1001 10/22/25 13598 FERGUSON WW BAKERSFIELD # 5120 SMALL TOOLS WATER 17.30 45518 1001 10/22/25 13598 FERGUSON WW BAKERSFIELD # 5206 WELL MAINT 2,668.38 45518 1001 10/22/25 13598 FERGUSON WW BAKERSFIELD # 5205 FLEET WATER 145.08 TOTAL CHECK 5,654.95
45519 1001 10/22/25 15330 FORTINO REYNA 5110 BAND WED NIGHT 700.00 45520 1001 10/22/25 14243 FOWLER ACE HARDWARE 5100 CAT 5 CABLE 26.13 45520 1001 10/22/25 14243 FOWLER ACE HARDWARE 5100 HGH SPPED CABLE 27.23 TOTAL CHECK 53.36
45521 14245 FOWLER ACE HARDWARE VOID: MULTI STUB CHECK
45522 1001 10/22/25 14245 FOWLER ACE HARDWARE 5121 STREET SUPPLIES 109.98 45522 1001 10/22/25 14245 FOWLER ACE HARDWARE 5121 STREET SUPPLIES 2.71 45522 1001 10/22/25 14245 FOWLER ACE HARDWARE 5121 STREET SUPPLIES 6.53 45522 1001 10/22/25 14245 FOWLER ACE HARDWARE 5121 STREET SUPPLIES 6.53 45522 1001 10/22/25 14245 FOWLER ACE HARDWARE 5121 STREET SUPPLIES 49.02 45522 1001 10/22/25 14245 FOWLER ACE HARDWARE 5121 STREET SUPPLIES 11.97 45522 1001 10/22/25 14245 FOWLER ACE HARDWARE 5121 STREET SUPPLIES 38.13 45522 1001 10/22/25 14245 FOWLER ACE HARDWARE 5121 STREET SUPPLIES 63.38 45522 1001 10/22/25 14245 FOWLER ACE HARDWARE 5121 STREET SUPPLIES 7.49 45522 1001 10/22/25 14245 FOWLER ACE HARDWARE 5121 STREET SUPPLIES 10.89 45522 1001 10/22/25 14245 FOWLER ACE HARDWARE 5121 STREET SUPPLIES 172.85 45522 1001 10/22/25 14245 FOWLER ACE HARDWARE 5121 STREET SUPPLIES 7.18 45522 1001 10/22/25 14245 FOWLER ACE HARDWARE 5121 STREET SUPPLIES 44.21 45522 1001 10/22/25 14245 FOWLER ACE HARDWARE 5121 STREET SUPPLIES 11.75 45522 1001 10/22/25 14245 FOWLER ACE HARDWARE 5121 STREET SUPPLIES 3.26 45522 1001 10/22/25 14245 FOWLER ACE HARDWARE 5121 STREET SUPPLIES 21.79 45522 1001 10/22/25 14245 FOWLER ACE HARDWARE 5121 STREET SUPPLIES 2.82 45522 1001 10/22/25 14245 FOWLER ACE HARDWARE 5110 STREET SUPPLIES 52.28 45522 1001 10/22/25 14245 FOWLER ACE HARDWARE 5121 STREET SUPPLIES 54.48 45522 1001 10/22/25 14245 FOWLER ACE HARDWARE 5121 STREET SUPPLIES 21.77 45522 1001 10/22/25 14245 FOWLER ACE HARDWARE 5121 STREET SUPPLIES 25.05 17 Section 8, Item 8A
SUPERION PAGE NUMBER: 2
DATE: 10/22/2025 CITY OF FOWLER VENCHK11
TIME: 17:37:35 CHECK REGISTER ACCOUNTING PERIOD: 4/26
FUND - 100 - GENERAL FUND

CHECK NUMBER CASH ACCT DATE ISSUED --------------VENDOR-------------- ACCT -------DESCRIPTION------- AMOUNT 45522 1001 10/22/25 14245 FOWLER ACE HARDWARE 5121 STREET SUPPLIES 6.53 TOTAL CHECK 730.60
45523 1001 10/22/25 14249 FOWLER ACE HARDWARE 5121 SUPPLIES PARKS 52.28 45523 1001 10/22/25 14249 FOWLER ACE HARDWARE 5121 SUPPLIES PARKS 45.71 TOTAL CHECK 97.99
45524 1001 10/22/25 14252 FOWLER ACE HARDWARE 5121 MISC HARDWARE 4.82 45524 1001 10/22/25 14252 FOWLER ACE HARDWARE 5121 MISC HARDWARE 25.51 45524 1001 10/22/25 14252 FOWLER ACE HARDWARE 5121 MISC HARDWARE 15.13 45524 1001 10/22/25 14252 FOWLER ACE HARDWARE 5121 MISC HARDWARE 10.85 45524 1001 10/22/25 14252 FOWLER ACE HARDWARE 5121 MISC HARDWARE 29.41 45524 1001 10/22/25 14252 FOWLER ACE HARDWARE 5121 MISC HARDWARE 9.81 45524 1001 10/22/25 14252 FOWLER ACE HARDWARE 5121 MISC HARDWARE 14.15 45524 1001 10/22/25 14252 FOWLER ACE HARDWARE 5121 MISC HARDWARE 9.62 45524 1001 10/22/25 14252 FOWLER ACE HARDWARE 5121 MISC HARDWARE 10.89 45524 1001 10/22/25 14252 FOWLER ACE HARDWARE 5121 MISC HARDWARE 98.07 45524 1001 10/22/25 14252 FOWLER ACE HARDWARE 5121 MISC HARDWARE 47.69 45524 1001 10/22/25 14252 FOWLER ACE HARDWARE 5121 MISC HARDWARE 31.03 45524 1001 10/22/25 14252 FOWLER ACE HARDWARE 5121 MISC HARDWARE 2.82 TOTAL CHECK 309.80
45525 1001 10/22/25 10114 FOWLER BUTANE SERVICES 5200 PROPANE FORKLIFT 14.49 45526 1001 10/22/25 10104 FPOA 2045 10.10.25 PAYROLL 225.00 45527 1001 10/22/25 13477 HDL SOFTWARE LLC 5621 CONTRACT SERVICES 1,011.38 45527 1001 10/22/25 13477 HDL SOFTWARE LLC 5621 CONTRACT SERVICES 300.00 TOTAL CHECK 1,311.38
45528 1001 10/22/25 14436 JTS TRUCK REPAIR 5205 VEHICLE MAINTENANCE 417.00 45528 1001 10/22/25 14436 JTS TRUCK REPAIR 5205 VEHICLE MAINTENANCE 1,414.27 TOTAL CHECK 1,831.27
45529 1001 10/22/25 13496 KEENAN & ASSOCIATES 5084 HEALTH BENEEFIT NOV25 1,795.55 45529 1001 10/22/25 13496 KEENAN & ASSOCIATES 5084 HEALTH BENEFIT NOV25 2,194.87 45529 1001 10/22/25 13496 KEENAN & ASSOCIATES 5084 HEALTH BENEFIT NOV25 2,693.27 45529 1001 10/22/25 13496 KEENAN & ASSOCIATES 5084 HEALTH BENEFIT NOV25 3,629.09 45529 1001 10/22/25 13496 KEENAN & ASSOCIATES 5084 HEALTH BENEFIT NOV25 8,597.24 45529 1001 10/22/25 13496 KEENAN & ASSOCIATES 5084 HEALTH BENEFIT NOV25 9,103.88 45529 1001 10/22/25 13496 KEENAN & ASSOCIATES 5084 HEALTH BENEFIT NOV25 1,084.95 45529 1001 10/22/25 13496 KEENAN & ASSOCIATES 5084 HEALTH BENEFIT NOV25 953.32 45529 1001 10/22/25 13496 KEENAN & ASSOCIATES 5084 HEALTH BENEFIT NOV25 2,651.58 45529 1001 10/22/25 13496 KEENAN & ASSOCIATES 5084 HEALTH BENEFIT NOV25 1,201.63 45529 1001 10/22/25 13496 KEENAN & ASSOCIATES 2041 HEALTH BENEFIT NOV25 1,420.00 45529 1001 10/22/25 13496 KEENAN & ASSOCIATES 5084 HEALTH BENEFIT NOV25 1,507.60 45529 1001 10/22/25 13496 KEENAN & ASSOCIATES 5084 HEALTH BENEFIT NOV25 1,614.03 TOTAL CHECK 38,447.01
45530 1001 10/22/25 14111 KIMBALL MIDWEST 5120 SUPPLIES PARKS 1,051.58 45531 1001 10/22/25 10194 LOZANO SMITH 5620 LEGAL SERVICES SEP25 4,978.44 45532 1001 10/22/25 14843 O'REILLY AUTO PARTS 5205 FLEET-STREETS 181.89 45532 1001 10/22/25 14843 O'REILLY AUTO PARTS 5205 FLEET STREETS 107.52 45532 1001 10/22/25 14843 O'REILLY AUTO PARTS 5205 FLEET-STREETS 32.04 18 Section 8, Item 8A
SUPERION PAGE NUMBER: 3
DATE: 10/22/2025 CITY OF FOWLER VENCHK11
TIME: 17:37:35 CHECK REGISTER ACCOUNTING PERIOD: 4/26
FUND - 100 - GENERAL FUND

CHECK NUMBER CASH ACCT DATE ISSUED --------------VENDOR-------------- ACCT -------DESCRIPTION------- AMOUNT 45532 1001 10/22/25 14843 O'REILLY AUTO PARTS 5205 FLEET-STREETS 168.14 45532 1001 10/22/25 14843 O'REILLY AUTO PARTS 5205 FLEETS-STREETS 169.84 45532 1001 10/22/25 14843 O'REILLY AUTO PARTS 5205 FLEET STREETS 43.38 TOTAL CHECK 702.81
45533 1001 10/22/25 11071 PAPE MACHINERY ACCT 4437 5206 WELL MAINTENANCE 1,498.78 45534 1001 10/22/25 12384 PITNEY BOWES GLOBAL FINAN 5100 POSTAGE SUPPLIES 81.39 45535 1001 10/22/25 14433 PRICE PAIGE & COMPANY CPA 5220 ADVI SRVC 6/30/24 5,525.00 45536 1001 10/22/25 11179 R G EQUIPMENT 5120 SMALL TOOL PARKS 433.39 45536 1001 10/22/25 11179 R G EQUIPMENT 5120 SMALL TOOLS STREETS 433.39 TOTAL CHECK 866.78
45537 1001 10/22/25 10518 SIGNMAX! 5195 GAS TAX 677.27
45537 1001 10/22/25 10518 SIGNMAX! 5195 SUPPLIES STREETS 54.61 TOTAL CHECK 731.88
45538 1001 10/22/25 10296 STAPLES CREDIT PLAN 5203 PARK SUPPLIES 81.40 45539 1001 10/22/25 13647 SUN LIFE FINANCIAL 5084 DENTAL BENEFIT NOV25 92.81 45539 1001 10/22/25 13647 SUN LIFE FINANCIAL 5084 DENTAL BENEFIT NOV25 70.47 45539 1001 10/22/25 13647 SUN LIFE FINANCIAL 5084 DENTAL BENEFIT NOV25 111.27 45539 1001 10/22/25 13647 SUN LIFE FINANCIAL 5084 DENTAL BENEFIT NOV25 64.28 45539 1001 10/22/25 13647 SUN LIFE FINANCIAL 5084 DENTAL BENEFIT NOV25 151.52 45539 1001 10/22/25 13647 SUN LIFE FINANCIAL 5084 DENTAL BENEFIT NOV25 312.35 45539 1001 10/22/25 13647 SUN LIFE FINANCIAL 5084 DENTAL BENEFIT NOV25 384.56 45539 1001 10/22/25 13647 SUN LIFE FINANCIAL 5084 DENTAL BENEFIT NOV25 43.66 45539 1001 10/22/25 13647 SUN LIFE FINANCIAL 5084 DENTAL BENEFIT NOV25 48.85 45539 1001 10/22/25 13647 SUN LIFE FINANCIAL 5084 DENTAL BENEFIT NOV25 47.01 45539 1001 10/22/25 13647 SUN LIFE FINANCIAL 5084 DENTAL BENEFIT NOV25 36.96 45539 1001 10/22/25 13647 SUN LIFE FINANCIAL 2046 DENTAL BENEFIT NOV25 1,109.16 45539 1001 10/22/25 13647 SUN LIFE FINANCIAL 5084 DENTAL BENEFIT NOV25 1,010.26 TOTAL CHECK 3,483.16
45540 1001 10/22/25 10763 SUNBELT RENTALS 5182 MANLIFT RENTAL 430.45 45541 1001 10/22/25 12791 THE MOWERS EDGE 5200 PARKS MAINT TOOL 289.36 45542 1001 10/22/25 15123 THE SELMA BARN 5200 EQUIP MAINT SUP 257.38 45543 1001 10/22/25 14144 TREVINO, ANDREW 5110 SOUND 700.00 45544 1001 10/22/25 13543 UNIFIRST CORPORATION 5185 JANIT SNRCT 10/9/25 49.58 45545 1001 10/22/25 15029 VANIR CONSTRUCTION MANAGE 5710 WELL #9 CM 9,910.00 45545 1001 10/22/25 15029 VANIR CONSTRUCTION MANAGE 5710 WELL #9 CM 7,670.00 TOTAL CHECK 17,580.00
45546 1001 10/22/25 14259 VISUAL EDGE IT INC DBA IM 5180 COPYSVC OCT25 940.54 TOTAL FUND 218,965.99
19 Section 8, Item 8A
SUPERION PAGE NUMBER: 4
DATE: 10/22/2025 CITY OF FOWLER VENCHK11
TIME: 17:37:35 CHECK REGISTER ACCOUNTING PERIOD: 4/26
FUND - 255 - STATE GRANT AB178

CHECK NUMBER CASH ACCT DATE ISSUED --------------VENDOR-------------- ACCT -------DESCRIPTION------- AMOUNT 45547 1001 10/22/25 15029 VANIR CONSTRUCTION MANAGE 5710 PDHQ CM-SEP25 54,136.00 TOTAL FUND 54,136.00
TOTAL REPORT 273,101.99
20 Section 8, Item 8A
SUPERION PAGE NUMBER: 1
DATE: 10/23/2025 CITY OF FOWLER VENCHK11
TIME: 11:11:58 CHECK REGISTER ACCOUNTING PERIOD: 4/26
FUND - 100 - GENERAL FUND

CHECK NUMBER CASH ACCT DATE ISSUED --------------VENDOR-------------- ACCT -------DESCRIPTION------- AMOUNT 45548 1001 10/23/25 15137 AILEEN ZEPEDA 5300 CE MILAGE/PER DIEM 382.00 45549 1001 10/23/25 14944 ALFRED VASQUEZ 5300 CALBO TRAINING 1,538.52 45550 1001 10/23/25 15085 AT&T 5230 GEO FENCE WARRANT 70.00 45551 1001 10/23/25 14991 ERIC ROCHA 5300 AVEVA INT SUMM 332.17 45552 1001 10/23/25 10201 METRO UNIFORM & ACCESSORI 5086 DUTY JACKET 223.74 45552 1001 10/23/25 10201 METRO UNIFORM & ACCESSORI 5086 CLASS A UNIFORM 307.91 TOTAL CHECK 531.65
45553 1001 10/23/25 10085 STATE OF CA DEPARTMENT OF 5310 BLOOD ANALYSIS/DUI 140.00 TOTAL FUND 2,994.34
21 Section 8, Item 8A
SUPERION PAGE NUMBER: 2
DATE: 10/23/2025 CITY OF FOWLER VENCHK11
TIME: 11:11:58 CHECK REGISTER ACCOUNTING PERIOD: 4/26
FUND - 201 - DISTRICT SALES TAX

CHECK NUMBER CASH ACCT DATE ISSUED --------------VENDOR-------------- ACCT -------DESCRIPTION------- AMOUNT 45554 1001 10/23/25 10122 FRESNO COUNTY FIRE PROTEC 5715 GRAPHICS BADGE 277.76 TOTAL FUND 277.76
TOTAL REPORT 3,272.10
22 Section 8, Item 8A
SUPERION PAGE NUMBER: 1
DATE: 10/24/2025 CITY OF FOWLER VENCHK11
TIME: 18:45:04 CHECK REGISTER ACCOUNTING PERIOD: 4/26
FUND - 100 - GENERAL FUND

CHECK NUMBER CASH ACCT DATE ISSUED --------------VENDOR-------------- ACCT -------DESCRIPTION------- AMOUNT 45555 1001 10/24/25 10518 SIGNMAX! 5203 PARK MAINT 677.27 TOTAL FUND 677.27
TOTAL REPORT 677.27
23 Section 8, Item 8A
SUPERION PAGE NUMBER: 1
DATE: 10/27/2025 CITY OF FOWLER VENCHK11
TIME: 11:30:54 CHECK REGISTER ACCOUNTING PERIOD: 4/26
FUND - 100 - GENERAL FUND

CHECK NUMBER CASH ACCT DATE ISSUED --------------VENDOR-------------- ACCT -------DESCRIPTION------- AMOUNT 45556 1001 10/27/25 14238 INFOSEND, INC 5621 MONTH MAINT JUN25 .30 45556 1001 10/27/25 14238 INFOSEND, INC 5621 MONTH MAINT JUN25 3,490.27 TOTAL CHECK 3,490.57
TOTAL FUND 3,490.57
TOTAL REPORT 3,490.57
24 Section 8, Item 8A

CITY COUNCIL MEETING
MONDAY, OCTOBER 6, 2025 at 6:00 PM
CITY COUNCIL CHAMBER – 128 SOUTH 5TH STREET, FOWLER, CA 93625

MINUTES

1. MEETING CALLED TO ORDER
Mayor Mejia called the meeting to order at 6:02 p.m.

2. ROLL CALL

PRESENT
Juan Mejia
Amarjeet Gill
Leonard Hammer
ABSENT
Karnig Kazarian
Daniel Parra
City Staff Present: City Manager Reid and City Clerk Vasquez.

6. PUBLIC COMMENT
There was no public comment.

7. CLOSED SESSION
Government Code Section 54957
Public Employee Appointment/Employment
Title: City Attorney
The meeting went into closed session at 6:06 p.m.

Councilmember Parra joined the meeting via teleconference during closed session at 6:10 p.m. Councilmember Parra made an announcement of his potential conflict due to being currently involved in a legal dispute and one of the firms/candidates being interviewed is currently representing the other party in that legal dispute. Although he believes he could be fair and not allow the opposing representation in the other matter to influence his selection of the next Fowler City Attorney, he recognizes that to avoid any appearance of bias or impropriety he should recuse himself from the process so that the interview and selection process will be fair and to avoid any potential contention that his participation in the process was improper or created a bias in favor of or against any of the firms/attorneys being interviewed and considered. Councilmember Parra left the meeting at 6:11 p.m. 25 Section 8, Item 8B

8. RECONVENE INTO OPEN SESSION AND REPORT ACTION
The meeting reconvened into open session at 8:06 p.m.

There was no reportable action.

9. ADJOURN
Having no further business, the special meeting was adjourned at 8:06 p.m. 26 Section 8, Item 8B

CITY COUNCIL MEETING

REPORT TO THE CITY COUNCIL
DATE: Tuesday, November 4, 2025
FROM: NANCY BANDA, Finance Director/Treasurer
SUBJECT: APPROVE Resolution No. 2811 an updated Employee Travel Policy

EXECUTIVE SUMMARY
The Employee Travel Policy will be updated to be consistent with business processes for all departments.

BACKGROUND
In 2003, the City Council established the Travel and Conference Policy for employees and legislative officials. There have been updates since the establishment of such policies with the last update in 2023. We will be updating the Employee Travel Policy to be consistent with all departments’ business processes.

PUBLIC NOTICE
This item does not require a public hearing and was noticed as a part of the City Council Agenda.

ENVIRONMENTAL REVIEW
This action does not constitute a “project” pursuant to the California Environmental Quality Act.

GENERAL PLAN CONSISTENCY
This action is not associated with a General Plan goal, policy, or action item.

FISCAL IMPACT
This update is not expected to have a fiscal impact. All travel expenditure(s) will continue to be administered within each department’s approved budget allocation.

PROCUREMENT PROCESS
No procurement is associated with this action.

CONFLICT OF INTEREST
Staff is not aware of any conflicts of interest.

Attachments
- Resolution No. 2811
27 Section 8, Item 8C
RESOLUTION NO. 2811

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOWLER

APPROVING AN UPDATED EMPLOYEE TRAVEL POLICY
WHEREAS, the City Council finds that it is in the best interests of the City that staff 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; and WHEREAS, appointed legislative body officials include Planning Commissioners, Recreation Commissioners, and other volunteer members of boards, commissions, and committees; and
WHEREAS, to enhance business efficiencies, encourage fiscal responsibility and consistent reimbursement practices for all staff traveling on behalf of the City; and WHEREAS, the attached policy is updated to promote effective fiscal management while support employee productivity and safety during official travel.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fowler that:

1. The City of Fowler Employee Travel Policy, attached as Exhibit A, is hereby approved.

2. This resolution shall take effect immediately upon adoption.

PASSED, APPROVED AND ADOPTED this 4
th day of November 2025, at a regular
meeting of the Fowler City Council by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

APPROVED:
___________________________
Juan Mejia, Mayor
ATTEST:
____________________________
Angela Vasquez, City Clerk
28 Section 8, Item 8C
Exhibit A
1 CITY OF FOWLER

EMPLOYEE TRAVEL POLICY
The Council finds and determines that it is important for staff to remain informed and trained in issues 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.

This Policy is designed to promote these endeavors while protecting public resources and fostering public trust in the use of those resources.

Anticipated conferences, conventions and professional meetings shall generally be budgeted for in the current operating budget.

Further, it is the responsibility of the employee to make every effort to attend the entire conference and/or as many sessions as possible.

1. Authorized Expenses
Expenses incurred in connection with the following types of activities generally constitute authorized expenses, as long as the other requirements of this Policy are met:
a. Communicating with representatives of regional, state, and national government on City adopted policy positions.
b. Attending educational seminars that are designed to improve an employee’s skill and information levels.
c. Participating in regional, state, and national organizations whose activities affect the City’s interest.
d. Attending City events.
e. Implementing a city-approved strategy for attracting or retaining businesses to the City, which will typically involve at least one staff member; and All other expenditures require prior approval by the City Council.

2. Expenses not Eligible for Reimbursement
Examples of personal expenses that the City will not reimburse include, but are not limited to:
a. The personal portion of any trip.
b. Political or charitable contribution or events.
c. Family expenses, including partner’s expenses, when accompanying on City businesses, as well as children, or pet-related expenses (If trip arrangements are made 29 Section 8, Item 8C
Exhibit A
2 as convenience for spouse or family members, reimbursement to the City for any advanced expenses should be received by the City prior to the trip.) d. Entertainment expenses, including theater, movies (either in-room or at the theater), sporting events (including gym, massage and/or golf related expenses), or other cultural events.
e. Alcohol.
f. Non-mileage personal automobile expenses, including repairs, traffic citations, insurance, or gasoline.
g. Personal losses incurred while on City business.

Any questions regarding the propriety of a particular type of expense should be resolved by the approving authority before the expense is incurred.

3. Transportation
When attending conferences or meetings that are of such distance that it is more economical to take commercial air transportation, if an employee proposes to drive his/her in those cases, commercial air fare will be paid and not automobile mileage.

Government and group rates must be used when available. a. Airfare. Airfares that are reasonable and economical shall be eligible for purposes of reimbursement.
b. Automobile. Automobile mileage is reimbursed at Internal Revenue Service rates in effect at the time of travel. This amount does not include bridge and road tolls, which are also reimbursable. For employees who receive an automobile allowance pursuant to the Benefits Resolution or an Employment Agreement, automobile mileage reimbursement may only occur for trips greater than 50 miles from City Hall. c. Car Rental. Rental rates that are reasonable and economical shall be eligible for purposes of reimbursement. This shall also include rental car fuel, but not any damage or insurance coverage.
d. Taxis/Shuttles/Ridesharing. Taxis or shuttles fares may be reimbursed, including a gratuity of up to 20% per fare. This method should only be used when the cost of such fare is equal or less than the cost of car rental, gasoline, and parking combined, or when such transportation is necessary for time-efficiency.

4. Lodging
Reasonable lodging expenses will be reimbursed or paid for when travel on City business reasonably requires an overnight stay. If such lodging is in connection with a conference, the rate may not exceed the maximum group rates published for the conference. If those rates are not available at the time the lodging is booked, the employee shall use 30 Section 8, Item 8C
Exhibit A
3 comparable lodging with government and group rates when available. Similarly, employees shall use government and group rates for non-conference-related lodging when available. When a government or group rate is not available, lodging rates that do not exceed $150 are presumed reasonable and reimbursable. Reimbursements in excess of this amount will only be available where the employee demonstrates that no reasonable alternative lodging was available.

5. Meal Reimbursements
Meal reimbursements shall be allowed based on the following timetable and maximum amounts. Employees are not eligible for meal reimbursement when attending events where a bona fide meal is provided (excluding continental breakfast, heavy appetizers, or similar). Employees need not provide receipts, but shall provide documentation for meals not provided as a part of an event.

Breakfast (for travel occurring before 9am) $15
Lunch (for travel occurring between 11am and 2pm) $25
Dinner (for travel occurring after 5pm) $35

6. Cash Advance Policy
From time to time, it may be necessary for an employee to request a cash advance to cover anticipated expenses while traveling or doing business on the City’s behalf. Such request for an advance should be submitted to the City Manager at lease ten (10) working days prior to the need for the advance with the following information.

The purpose of the expenditure(s);
The anticipated amount of the expenditure(s), including backup documentation (for example, hotel rates, meal costs, and transportation expenses); and The date(s) of the anticipated expenditure(s).

Any unused advance must be returned to the City within thirty (30) days of the employee’s return, along with an expense report and receipts documenting how the advance was used.

7. Credit Card Use
Employees with a city-issued credit card may utilize said card employee travel consistent with the City’s Credit Card Policy and the regulations contained herein. 31 Section 8, Item 8C
Exhibit A
4 a. Allowed: Purchase of airline tickets, conference registrations, and ground transportation for the cardholder or another employee.
b. Allowed: Placing of credit card holds and deposits for lodging expenses for the cardholder or another employee.
c. Not Allowed: Payment of lodging expenses.
d. Not Allowed: Travel-related meals and incidentals. Business Meals and hospitality are governed separately by the Credit Card Policy.

8. Reserved.

9. Expense Report Content and Submission Deadlines
All cash advance expenditures, and expense reimbursement requests must be submitted on an expense report form provided by the City. This form shall include the following advisory:
“All expenses reported on this form must comply with the City’s policies relating to expenses and use of public resources. The information submitted on this form is a public record. Penalties for misusing public resources and violating the City’s policies include loss of reimbursement privileges, restitution, civil and criminal penalties as well as additional income tax liability.”

10. Reserved.

11. Compliance with Laws: Violation
All expenditures are public records subject to disclosure under the Public Records Act and other applicable laws. Use of public resources or falsifying expense reports in violation of this Policy may result in any or all of the following: (1) loss of reimbursement privileges, (2) a demand for restitution to the City, (3) reporting the expenses as income to the employee for tax purposes, (4) termination, and (5) prosecution for misuse of public resources.
32 Section 8, Item 8C

CITY COUNCIL MEETING

REPORT TO THE CITY COUNCIL
DATE: November 4, 2025
FROM: YVONNE HERNANDEZ, Recreation Supervisor
SUBJECT: APPROVE a $1000 donation to Worship Centre Youth Group using Fiscal Year 2025-26 CalRecycle Funds

EXECUTIVE SUMMARY
This action provides a $1000 donation to Worship Centre Youth Group.

BACKGROUND
Worship Centre Youth Group performed volunteer cleanup at the Trunk or Treat event on Wednesday October 29, 2025, and will perform cleanup at Christmas on Merced St on Wednesday Dec 3, 2025 for this donation. The volunteer cleanup will be allocated from grant funds the City receives annually from the California Department of Resources Recycling and Recovery (CalRecycle).

PUBLIC NOTICE
This item does not require a public hearing and was noticed as a part of the City Council Agenda.

ENVIRONMENTAL REVIEW
This action does not constitute a “project” pursuant to the California Environmental Quality Act.

GENERAL PLAN CONSISTENCY
General Plan Goal OS-3
Recreational programming and facilities meet the needs of community members of all ages and abilities.

FISCAL IMPACT
The City of Fowler received a $5,000 recycling grant from the California Department of Resources Recycling and Recovery (CalRecycle) for FY 2025-26, and this donation will be funded from this grant.

PROCUREMENT PROCESS
No procurement process is associated with this action.

CONFLICT OF INTEREST
Staff is not aware of any conflicts of interest.
33 Section 8, Item 8D

CITY COUNCIL MEETING

REPORT TO THE CITY COUNCIL
DATE: November 4, 2025
FROM: SOO HO PARK, City Engineer
SUBJECT: APPROVE Amendment 3 to the Well No. 9 Drought Resiliency Project Agreement for a Time Extension and Authorize the City Manager to Execute the Amendment

EXECUTIVE SUMMARY
Approve Amendment No. 3 for the for the Well No. 9 Drought Resiliency Design Contract and authorize the City Manager to execute the amendment, which extends the deadline for funding expenditure.

BACKGROUND
On February 24, 2023, the Department of Water Resources Small Community Drought Relief Program and the City of Fowler entered into Funding Agreement No. 4600015027 for the design and construction of Well No. 9. The well located at the northeast corner of South Avenue and Stanford Avenue has an expected output of 1,200 gallons per minute. The new well will connect to the water main running along the frontage of the well site.

The original grant agreement required all project work to be completed by December 31, 2024, with reimbursement requests submitted no later than March 31, 2025. Amendment 1 approved at December 17, 2024 City Council meeting extended the project expenditure deadline to December 31, 2025, and the reimbursement deadline to April 30, 2026. Due to the actual construction completion schedule extending beyond the end of 2025, this amendment #3 will extend the construction activity expenditure deadline to February 26, 2026, and the reimbursement deadline to April 30, 2026.

PUBLIC NOTICE
This item does not require a public hearing and was noticed as a part of the City Council Agenda.

ENVIRONMENTAL REVIEW
This action does not constitute a “project” pursuant to the California Environmental Quality Act. 34 Section 8, Item 8E

GENERAL PLAN CONSISTENCY
Policy PF-16
Design and construct water system infrastructure as needed to meet current and future water demands and system requirements

FISCAL IMPACT
There is no change in the funding amount and this amendment only extends the funding expenditure deadline. The Well 9 DWR Drought Resiliency Grant provides a total of $3,325,425 and the remainder of the total project costs will be paid out of the City’s Well Maintenance fund.

PROCUREMENT PROCESS
No procurement is associated with this action.

CONFLICT OF INTEREST
Staff is not aware of any conflicts of interest.

Attachments
- Executed Funding Agreement
- Executed Amendment 1
- Executed Amendment 2
- Amendment 3
35 Section 8, Item 8E
Grant Agreement No. 4600015027

STATE OF CALIFORNIA

CALIFORNIA NATURAL RESOURCES AGENCY

DEPARTMENT OF WATER RESOURCES
AGREEMENT NUMBER: 4600015027

FUNDING AGREEMENT BETWEEN THE STATE OF CALIFORNIA

DEPARTMENT OF WATER RESOURCES
AND

CITY OF FOWLER

FOR THE

CITY OF FOWLER DROUGHT RESILIENCY PROJECT

A PART OF THE SMALL COMMUNITY DROUGHT RELIEF PROGRAM

FUNDED BY
THE BUDGET ACT OF 2021 AS AMENDED
(STATS. 2022, ch. 44, § 25)
DocuSign Envelope ID: 6BC408B3-A5E0-463D-B6C5-9B05037AB0F3 36 Section 8, Item 8E
Grant Agreement No. 4600015027

FUNDING AGREEMENT BETWEEN

THE STATE OF CALIFORNIA (DEPARTMENT OF WATER RESOURCES) AND

CITY OF FOWLER
4600015027

SMALL COMMUNITY DROUGHT RELIEF PROGRAM
THIS FUNDING 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 Fowler, 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. State shall provide funding pursuant to the Budget Act of 2021, as amended (Stats. 2022, ch. 44, § 25), to the Grantee to assist in financing the City of Fowler Drought Resiliency Project (Project). By executing this Agreement, the Grantee certifies that the purpose of the Project is in response to a drought scenario, as defined by Water Code section 13198(a) and is intended to: (1) address immediate impacts on human health and safety; (2) address immediate impacts on fish and wildlife resources; or, (3) provide water to persons or communities that lose or are threatened with the loss or contamination of water supplies.

2. TERM OF FUNDING AGREEMENT. The term of this Funding Agreement begins on the date this Funding Agreement is initially executed by State, through final payment plus three (3) years unless otherwise terminated or amended as provided in this Agreement. However, all work shall be completed by December 31, 2024, and no funds may be requested after March 31, 2025.

3. PROJECT COST. The reasonable cost of the Project is estimated to be $2,073,450.

4. FUNDING AMOUNT. The maximum amount payable by the State under this Agreement shall not exceed $2,073,450.

5. GRANTEE REQUIRED COST SHARE. Grantee agrees to fund the difference between the actual Project Cost in Paragraph 3 and the amount specified in Paragraph 4, if any.

6. BASIC CONDITIONS. State shall have no obligation to disburse money for the Project under this Funding Agreement until Grantee has satisfied the following conditions:

A. For the term of this Funding Agreement, Grantee submits timely Quarterly Progress Reports as required by Paragraph 13, “Submission of Reports.”
B. Grantee submits all deliverables as specified in Paragraph 13 of this Funding Agreement and in Exhibit A.

C.Prior to the commencement of construction or implementation activities, Grantee shall submit the following to the State:
i. Final plans and specifications certified by a California Registered Civil Engineer as to compliance for the Project as listed in Exhibit A of this Funding Agreement. ii. Work that is subject to the California Environmental Quality Act (CEQA) and or environmental permitting shall not proceed under this Funding Agreement until the following actions are performed:
a. Grantee submits to the State all applicable environmental permits as indicated on the Environmental Information Form to the State, and
b. Documents that satisfy the CEQA process are received by the State, and DocuSign Envelope ID: 6BC408B3-A5E0-463D-B6C5-9B05037AB0F3 37 Section 8, Item 8E
Grant Agreement No. 4600015027

c. Grantee receives written concurrence from the State of the Lead Agency’s CEQA document(s) and State notice of verification of environmental permit submittal.

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, State will consider the environmental documents and decide whether to continue to fund the Project or to require changes, alterations, or other mitigation. Grantee must 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.

7. DISBURSEMENT OF FUNDS. State will disburse to Grantee the amount approved, subject to the availability of funds through normal State processes. Notwithstanding any other provision of this Funding 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 pursuant to any federal statute or regulation. Any and all money disbursed to Grantee under this Funding Agreement shall be deposited in a separate account and shall be used solely to pay Eligible Project Costs.

8. ELIGIBLE PROJECT COST. Grantee shall apply State funds received only to Eligible Project Costs in accordance with applicable provisions of the law and Exhibit B. Eligible Project Costs include the reasonable costs of studies, engineering, design, land and easement acquisition, 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. Work performed on the Project after April 29, 2022, shall be eligible for reimbursement.

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

A. Costs incurred prior to April 29, 2022.

B. Operation and maintenance costs, including post-construction performance and monitoring costs.

C. Purchase of equipment not an integral part of the Project.

D. Establishing a reserve fund.

E. Monitoring and assessment costs for efforts required after Project construction is complete.

F. Replacement of existing funding sources for ongoing programs.

G. Payment of federal or state taxes.

H. 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.

I. Support of existing agency requirements and mandates (e.g., punitive regulatory agency requirement).

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 land purchased prior to April 29, 2022.

K. Overhead and 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 DocuSign Envelope ID: 6BC408B3-A5E0-463D-B6C5-9B05037AB0F3 38 Section 8, Item 8E
Grant Agreement No. 4600015027

assignable to the funded project (i.e., costs 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; non-project-specific accounting and personnel services performed within the Grantee’s organization; depreciation or use allowances on buildings and equipment; the costs of operating and maintaining non-project-specific facilities; tuition; conference fees; and, generic overhead or markup. This prohibition applies to the Grantee and any subcontract or sub-agreement for work on the Project that will be reimbursed pursuant to this Agreement.

9. METHOD OF PAYMENT. After the disbursement requirements in Paragraph 6 “Basic Conditions” are met, State will disburse the whole or portions of State funding to Grantee, following receipt from Grantee via US mail or Express mail delivery of a “wet signature” invoice, or an electronic invoice certified and transmitted via DocuSign for costs incurred, including Cost Share, and timely Quarterly Progress Reports as required by Paragraph 13, “Submission of Reports.” Payment will be made no more frequently than monthly, in arrears, upon receipt of an invoice bearing the Funding Agreement number. State will notify Grantee, in a timely manner, whenever, upon review of an Invoice, 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 State. Grantee may, within thirty (30) calendar days of the date of receipt of such notice, submit additional documentation to State to cure such deficiency(ies). If Grantee fails to submit adequate documentation curing the deficiency(ies), State will adjust the pending invoice by the amount of ineligible or unapproved costs.

Invoices submitted by 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 the Project during the period identified in the particular invoice for the implementation of the Project.

C. Invoices shall be submitted on forms provided by State and shall meet the following format requirements:
i. Invoices must contain the date of the invoice, the time period covered by the invoice, and the total amount due.
ii. Invoices must be itemized based on the categories (i.e., tasks) specified in Exhibit B. The amount claimed for salaries/wages/consultant fees must 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, timesheets) must 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 4, “Funding Amount” and those costs that represent Grantee’s costs, as applicable, in Paragraph 5, “Grantee Required Cost Share.” v. Invoices can be submitted by one of the following methods. a. Via email at [email protected]
b. Mail the invoice with the original “wet signature” to the following address: Josh Bannister, Department of Water Resources, South Central Region Office, 619 N.

Laverne Avenue, Suite 104, Fresno, CA 93727
DocuSign Envelope ID: 6BC408B3-A5E0-463D-B6C5-9B05037AB0F3 39 Section 8, Item 8E
Grant Agreement No. 4600015027

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., match costs/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 Paragraph 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, §§ 115, 470, 487-489.)

10. WITHHOLDING OF DISBURSEMENTS BY STATE. If State determines that the Project is not being implemented in accordance with the provisions of this Funding Agreement, or that Grantee has failed in any other respect to comply with the provisions of this Funding Agreement, and if Grantee does not remedy any such failure to State’s satisfaction, State may withhold from 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 State notifies Grantee of its decision not to release funds that have been withheld pursuant to Paragraph 11, the portion that has been disbursed shall thereafter be repaid immediately as directed by State. State may consider Grantee’s refusal to repay the requested disbursed amount a contract breach subject to the default provisions in Paragraph 11, “Default Provisions.” If State notifies Grantee of its decision to withhold the entire funding amount from Grantee pursuant to this Paragraph, this Funding Agreement shall terminate upon receipt of such notice by Grantee and the State shall no longer be required to provide funds under this Funding Agreement and the Funding Agreement shall no longer be binding on either party.

11. DEFAULT PROVISIONS. Grantee will be in default under this Funding Agreement if any of the following occur:

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

B. Making any false warranty, representation, or statement with respect to this Funding Agreement, the application, or any documents filed to obtain grant funding.

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

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

E. Failure to submit timely progress reports.

F. Failure to routinely invoice State.

G. Failure to meet any of the requirements set forth in Paragraph 12, “Continuing Eligibility.” Should an event of default occur, State shall provide a notice of default to the Grantee and shall give Grantee at least ten (10) calendar days to cure the default from the date the notice is sent via first-class mail to the Grantee. If the Grantee fails to cure the default within the time prescribed by the State, State may do any of the following:

A. Declare the funding disbursed be immediately repaid.

DocuSign Envelope ID: 6BC408B3-A5E0-463D-B6C5-9B05037AB0F3 40 Section 8, Item 8E
Grant Agreement No. 4600015027

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

C. Terminate the Funding Agreement.

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

In the event State finds it necessary to enforce this provision of this Funding Agreement in the manner provided by law, Grantee agrees to pay all costs incurred by State including, but not limited to, reasonable attorneys' fees, legal expenses, and costs.

12. CONTINUING ELIGIBILITY. Grantee must meet the following ongoing requirement(s) to remain eligible to receive State funds:

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

B. If the Grantee diverting surface water, the Grantee must maintain compliance with diversion reporting requirements as outlined in Water Code section 5100 et seq.

C. If applicable, maintain compliance with the Urban Water Management Planning Act (Wat. Code, § 10610 et seq.).

D. If applicable, maintain compliance with Sustainable Water Use and Demand Reduction requirements outlined in Water Code Section 10608, et seq.

E. 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-ExecutiveOrder.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.

13. SUBMISSION OF REPORTS. The submittal and approval of all reports is a requirement for the successful completion of this Funding Agreement. Reports shall meet generally accepted professional standards for technical reporting and shall be proofread for content, numerical accuracy, spelling, and grammar prior to submittal to State. All reports shall be submitted to the State’s Project Manager and shall be submitted via email or DWR’s “Grant Review and Tracking System” (GRanTS). If requested, Grantee shall promptly provide any additional information deemed necessary by State for the approval of reports. Reports shall be presented in the formats described in the applicable portion of Exhibit F. 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: Grantee shall submit Quarterly Progress Reports to meet the State’s requirement for disbursement of funds. Quarterly Progress Reports shall be sent directly to the Project Manager via email or uploaded via GRanTS, and the State’s Project Manager notified of upload. Quarterly Progress Reports shall, in part, provide a brief description of the work performed, Grantee’s activities, milestones achieved, any DocuSign Envelope ID: 6BC408B3-A5E0-463D-B6C5-9B05037AB0F3 41 Section 8, Item 8E
Grant Agreement No. 4600015027

accomplishments and any problems encountered in the performance of the work under this Funding Agreement during the reporting period. The first Quarterly Progress Report should be submitted to the State no later than three months after the execution of the agreement with future reports then due on successive three-month increments based on the invoicing schedule and this date.

B. Project Completion Report: Grantee shall prepare and submit to State a Project Completion Report for the Project. Grantee shall submit the Project Completion Report within ninety (90) calendar days of project completion. The Project Completion Report shall include, in part, a description of actual work done, any changes or amendments to the Project, and a final schedule showing actual progress versus planned progress, copies of any final documents or reports generated or utilized during the Project. The Project Completion Report shall also include, if applicable, certification of final project by a registered civil engineer, consistent with Standard Condition D.17, “Final Inspections and Certification of Registered Civil Engineer”. A DWR “Certification of Project Completion” form will be provided by the State.

14. OPERATION AND MAINTENANCE OF PROJECT. For the useful life of construction and implementation projects and in consideration of the funding made by State, 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. Grantee or their successors may, with the written approval of State, transfer this responsibility to use, manage, and maintain the property. For purposes of this Funding 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 of Grantee to ensure operation and maintenance of the Project in accordance with this provision may, at the option of State, be considered a breach of this Funding Agreement and may be treated as default under Paragraph 11, “Default Provisions.”

15. NOTIFICATION OF STATE. Grantee shall promptly notify State, in writing, of the following items:

A. Events or proposed changes that could affect the scope, budget, or work performed under this Funding Agreement. Grantee agrees that no substantial change in the scope of the Project will be undertaken until written notice of the proposed change has been provided to State and 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 Funding Agreement and provide the opportunity for attendance and participation by State’s representatives. Grantee shall make such notification at least 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 will 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 DocuSign Envelope ID: 6BC408B3-A5E0-463D-B6C5-9B05037AB0F3 42 Section 8, Item 8E
Grant Agreement No. 4600015027

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 regarding the Project or that may affect the Project in any way.

E. Final inspection of the completed work on a project by a Registered Civil Engineer, in accordance with Standard Condition D.17, “Final Inspections and Certification of Registered Civil Engineer.” Grantee shall notify the State’s Project Manager of the inspection date at least 14 calendar days prior to the inspection in order to provide State the opportunity to participate in the inspection.

16. NOTICES. Any notice, demand, request, consent, or approval that either party desires or is required to give to the other party under this Funding 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 shall be sent to the below addresses. Either party may, by written notice to the other, designate a different address that shall be substituted for the one below.

17. PERFORMANCE EVALUATION. Upon completion of this Funding Agreement, 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.

DocuSign Envelope ID: 6BC408B3-A5E0-463D-B6C5-9B05037AB0F3 43 Section 8, Item 8E
Grant Agreement No. 4600015027

18. PROJECT REPRESENTATIVES. The Project Representatives during the term of this Funding Agreement are as follows:

Department of Water Resources
Arthur Hinojosa
Manager, Division of Regional Assistance
P.O. Box 942836
Sacramento, CA 94236
Phone: (916) 902-6713
Email: [email protected]
City of Fowler
Wilma Tucker
City Manager
128 S. 5th Street
Fowler, CA 93625
Phone: (559) 834-3113
Email:[email protected]
Direct all inquiries to the Project Manager:

Department of Water Resources
Josh Bannister
Water Resource Engineer
South Central Region Office
691 N. Laverne Ave, Suite 104
Fresno, CA 93727
Phone: (916) 820-7622
Email: [email protected]
City of Fowler
Dario Dominguez
Public Works Director
128 S. 5th Street
Fowler, CA 93625
Phone: (559) 834-3113
Email:[email protected]
Either party may change its Project Representative or Project Manager upon written notice to the other party.

19. STANDARD PROVISIONS AND INTEGRATION. This Funding Agreement is complete and is the final Agreement between the parties. The following Exhibits are attached and made a part of this Funding Agreement by this reference:

Exhibit A – WORK PLAN
Exhibit B – BUDGET
Exhibit C – SCHEDULE
Exhibit D – STANDARD CONDITIONS
Exhibit E – GRANTEE’S AUTHORIZING RESOLUTION
Exhibit F – REPORT FORMATS AND REQUIREMENTS
Exhibit G – STATE AUDIT DOCUMENT REQUIREMENTS
Exhibit H – INFORMATION NEEDED FOR ESCROW PROCESSING AND CLOSURE Exhibit I – APPRAISAL SPECIFICATIONS
Exhibit J – ADVANCE PAYMENT
DocuSign Envelope ID: 6BC408B3-A5E0-463D-B6C5-9B05037AB0F3 44 Section 8, Item 8E
Grant Agreement No. 4600015027

IN WITNESS WHEREOF, the parties hereto have executed this Funding Agreement.

STATE OF CALIFORNIA

DEPARTMENT OF WATER RESOURCES
______________________________
Arthur Hinojosa, Manager
Division of Regional Assistance
Date__________________________
Approved as to Legal Form and Sufficiency
______________________________
Robin Brewer, Assistant General Counsel
Office of General Counsel

CITY OF FOWLER
______________________________
Wilma Tucker, City Manager
Date__________________________
Date__________________________
DocuSign Envelope ID: 6BC408B3-A5E0-463D-B6C5-9B05037AB0F3 2/24/2023
For
2/24/2023
2/24/2023
45 Section 8, Item 8E
Grant Agreement No. 4600015027

Exhibit A

WORK PLAN
Project Title: City of Fowler Drought Resiliency Project Grantee: City of Fowler
Project Description: The Project is comprised of constructing a new well (Well 9) on the west side of the system and equipping it with necessary piping, a backup generator, and other appurtenances to improve water supply resiliency for the community, especially as water levels decline due to the current drought.

The Grantee’s water system has only one production well (Well 8) on the west side of State Route 99 (SR99) and three small diameter connection points from the west side of the system to the east side of the system where most of the supply sources are located. This water system functions, in some regards, as two separate components of the overall water system due to the minimal connectivity between the west and the east side of the Grantee’s water system.

Task 1 – Project Administration
This task includes project administration, invoicing, and reporting.

Project administration includes working with DWR to develop and execute the Funding Agreement, administration of the Project including overseeing the budget and schedule, making payments to engineers and contractors after inspections and/or approval of work, and other activities related to the completion of the Project. Administration includes attending weekly/monthly meetings (as needed) with DWR Project Manager and other meetings required with approval agencies.

Invoicing includes preparing and submitting invoices and appropriate backup documentation to the DWR Project Manager describing the work completed and listing the costs incurred during the billing cycle.

Reporting includes preparing and submitting progress reports to DWR. Prepare quarterly reports and submit them to DWR. Draft Project Completion Report and submit for DWR comment. Prepare final Project Completion Report incorporating DWR comments. All reports should be prepared as specified in Exhibit F of this Agreement.

Deliverables:
• Invoices and supporting documents
• Quarterly progress reports
• Draft Project Completion Report
• Final Project Completion Report
• Auditable Records
DocuSign Envelope ID: 6BC408B3-A5E0-463D-B6C5-9B05037AB0F3 46 Section 8, Item 8E
Grant Agreement No. 4600015027

Task 2 – CEQA Documentation and Permitting
This task includes completing the Environmental Information Form (EIF), preparing documentation to satisfy CEQA compliance, and obtaining permits for the Project. DWR will review CEQA documentation for concurrence prior to beginning construction. The Grantee is responsible for obtaining the permits needed for the Project.

Deliverables:
• Environmental Information Form
• Final CEQA documentation
• Copies of other necessary permits
Task 3 – Design and Engineering Services
This task includes preparing design documents to indicate the location of all proposed water system improvements including plans and specifications for Well 9 with a production capacity of approximately 1,200 gallons per minute, discharge piping, valves, and other appurtenances. This task also includes engineering services during bid solicitation and construction.

This task includes well site evaluation, schematic design, boundary and topographical survey, geotechnical investigation, final design, application for electrical service to the well site, construction documents (plans and specifications), and opinion of probable construction cost. This task will also include preparing bid documents, advertising for construction, and awarding construction contracts.

Once construction documents are finalized, the Grantee will solicit bids from qualified contractors for the construction of the Project.

Deliverables:
• Design documents
• Final design plans, specifications, and cost estimates • Copy of Bid Documents
• Proof of Advertisements
• Copy of awarded contracts
• Copy of Notices to Proceed
Task 4 – Construction
This task includes constructing Well 9 and other associated improvements. Construction will be divided into three components: (1) filling the existing storm drain pond; (2) drilling a pilot hole for water quality testing and constructing a production well; and (3) constructing well site improvements and equipping the well. The detailed construction activities are as follows. • Demolish, remove, and dispose of existing facilities inside the storm drain pond. • Backfill the storm drain pond with compacted fill material. • Drill pilot hole to conduct zone sampling for the final well design. • Construct production well after water quality test results are received.

DocuSign Envelope ID: 6BC408B3-A5E0-463D-B6C5-9B05037AB0F3 47 Section 8, Item 8E
Grant Agreement No. 4600015027

• Construct well site improvements including site grading, discharge piping, equipping the well, electrical equipment with enclosure, and fencing with access gates to protect the new well site. • Install a standby generator as a backup power supply.

This task also includes construction management, owner electrical utility service fees, environmental pre-construction surveys (if required), materials and water quality testing, and construction administration and review. In addition, this task will include engineering and surveying services during construction, including construction staking, submittal review, response to requests for information (RFI), periodic site visits, and preparation of as-built drawings.

Deliverables:
• Zone sampling test results
• Water quality analyses
• Well completion report
• Well logs
• Construction photos
• Certification of Project Completion
• As-built drawings
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Grant Agreement No. 4600015027

Exhibit B
BUDGET
All work associated with the Project must be completed prior to payment of retention. The Grantee is required to maintain all financial documents related to the Project in accordance with Exhibit G (State Audit Document Requirements for Grantees).

Task Funding
Amount
Task 1 – Project Administration $51,900
Task 2 – CEQA Documentation and Permitting $54,600
Task 3 – Design and Engineering Services $362,200
Task 4 – Construction $1,604,750
Grand Total $2,073,450
DocuSign Envelope ID: 6BC408B3-A5E0-463D-B6C5-9B05037AB0F3 49 Section 8, Item 8E
Grant Agreement No. 4600015027

Exhibit C

SCHEDULE
Task Start Date End Date
Task 1 – Project Administration 4/29/2022 12/31/2024
Task 2 – CEQA Documentation and Permitting 11/30/2022 8/31/2023 Task 3 – Design and Engineering Services 11/30/2022 8/31/2023 Task 4 – Construction 8/1/2023 12/31/2024
DocuSign Envelope ID: 6BC408B3-A5E0-463D-B6C5-9B05037AB0F3 50 Section 8, Item 8E
Grant Agreement No. 4600015027

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 Funding 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 Funding Agreement shall be deposited in a separate 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 Funding 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 Funding 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 Funding 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 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 Funding 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 Funding 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 Funding 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 Funding Agreement, and State DocuSign Envelope ID: 6BC408B3-A5E0-463D-B6C5-9B05037AB0F3 51 Section 8, Item 8E
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may elect to pursue any remedies provided in Paragraph 11 or take any other action it deems necessary to protect its interests. The Grantee agrees it shall return any audit disallowances to the State.

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 Funding Agreement with respect of all matters connected with this Funding Agreement, including but not limited to, the cost of administering this Funding 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.

D.6. BUDGET CONTINGENCY: If the Budget Act of the current year covered under this Funding Agreement does not appropriate sufficient funds for this program, this Funding 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 Funding Agreement. In this event, State shall have no liability to pay any funds whatsoever to Grantee or to furnish any other considerations under this Funding Agreement and Grantee shall not be obligated to perform any provisions of this Funding Agreement. Nothing in this Funding 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 Funding 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 Funding Agreement with no liability occurring to State or offer a Funding Agreement amendment to Grantee to reflect the reduced amount.

D.7. CEQA: Activities funded under this Funding 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 11.

D.8. 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.9. 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 DocuSign Envelope ID: 6BC408B3-A5E0-463D-B6C5-9B05037AB0F3 52 Section 8, Item 8E
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resolution of such claim and process an amendment to this Agreement to implement the terms of any such resolution.

D.10. 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 Funding 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-Services-ResourcesList-Folder/State-Contracting.

D.11. 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 Funding Agreement for the acquisition, operation, or maintenance of computer software in violation of copyright laws.

D.12. 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 twelve-month 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 the 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.

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D.13. DELIVERY OF INFORMATION, REPORTS, AND DATA: Grantee agrees to expeditiously provide throughout the term of this Funding Agreement, such reports, data, information, and certifications as may be reasonably required by State.

D.14. DISPOSITION OF EQUIPMENT: Grantee shall provide to State, not less than 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 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.15. DRUG-FREE WORKPLACE CERTIFICATION: Certification of Compliance: By signing this Funding Agreement, Grantee, its contractors or subcontractors hereby certify, under penalty of perjury under the laws of State of California, compliance with the requirements of the DrugFree 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 the 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 Funding 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.16. EASEMENTS: Where the Grantee acquires property in fee title or funds improvements to real property already owned in fee by the Grantee using State funds provided through this Funding 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 the 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 DocuSign Envelope ID: 6BC408B3-A5E0-463D-B6C5-9B05037AB0F3 54 Section 8, Item 8E
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permission, at which time monitoring and enforcement responsibilities will transfer to the new easement owner.

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

D.17. FINAL INSPECTIONS AND CERTIFICATION OF REGISTERED CIVIL ENGINEER: Upon completion of the Project, Grantee shall provide for a final inspection and certification by a California Registered Civil Engineer that the Project has been completed in accordance with submitted final plans and specifications and any modifications thereto and in accordance with this Funding Agreement.

D.18. GOVERNING LAW: This Funding Agreement is governed by and shall be interpreted in accordance with the laws of the State of California.

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 (Work Plan) and in accordance with Project Exhibit B (Budget) and Exhibit C (Schedule).

B. Accept and agree to comply with all terms, provisions, conditions, and written commitments of this Funding 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 Funding 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 Funding 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.

G. Be solely responsible for design, construction, and operation, and maintenance of the Project. 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. 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 any breach of this Agreement. Grantee shall require its contractors or subcontractors DocuSign Envelope ID: 6BC408B3-A5E0-463D-B6C5-9B05037AB0F3 55 Section 8, Item 8E
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to name the State, its officers, agents and employees as additional insureds on their liability insurance for activities undertaken pursuant to this Agreement.

D.21. INDEPENDENT CAPACITY: Grantee, and the agents and employees of the Grantee, in the performance of the Funding Agreement, shall act in an independent capacity and not as officers, employees, or agents of the State.

D.22. 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 Funding 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 Funding Agreement. Failure or refusal by Grantee to comply with this provision shall be considered a breach of this Funding Agreement, and State may withhold disbursements to Grantee or take any other action it deems necessary to protect its interests.

D.23. 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 Grantee. 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 Funding Agreement with State.

D.24. 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: http://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’ compensation or to undertake selfinsurance, 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.25. 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 that concern the budget and schedule without formally amending this Funding Agreement. Nonmaterial 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 Funding Agreement. Nonmaterial changes with respect to the Project schedule are changes that will not extend the term of this Funding Agreement. Requests for non-material 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.26. NONDISCRIMINATION: During the performance of this Funding 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, 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, gender identity, 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 DocuSign Envelope ID: 6BC408B3-A5E0-463D-B6C5-9B05037AB0F3 56 Section 8, Item 8E
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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 thereunder (Cal. Code Regs., tit. 2, § 11000 et seq.). The applicable regulations of the Fair Employment and Housing Commission 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 Funding Agreement.

D.27. OPINIONS AND DETERMINATIONS: Where the terms of this Funding 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.28. 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.29. PRIORITY HIRING CONSIDERATIONS: If this Funding Agreement includes services in excess of $200,000, the Grantee shall give priority consideration in filling vacancies in positions funded by the Funding Agreement to qualified recipients of aid under Welfare and Institutions Code section 11200 in accordance with Public Contract Code section 10353.

D.30. 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 to meet its obligations under this Funding 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.31. PROJECT ACCESS: The Grantee shall ensure that the State, the Governor of the State, or any authorized representatives 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.32. REMAINING BALANCE: In the event the Grantee does not submit invoices requesting all of the funds encumbered under this Funding 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 Funding Agreement.

D.33. REMEDIES NOT EXCLUSIVE: The use by either party of any remedy specified herein for the enforcement of this Funding 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.34. RETENTION: The State shall withhold ten percent (10%) of the funds requested by the Grantee for reimbursement of Eligible Project Costs until the Project is completed and Final DocuSign Envelope ID: 6BC408B3-A5E0-463D-B6C5-9B05037AB0F3 57 Section 8, Item 8E
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Report is approved. Any retained amounts due to the Grantee will be promptly disbursed to the Grantee, without interest, upon completion of the Project.

D.35. 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 Funding 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 Funding 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.36. SEVERABILITY: Should any portion of this Funding Agreement be determined to be void or unenforceable, such shall be severed from the whole and the Funding Agreement shall continue as modified.

D.37. SUSPENSION OF PAYMENTS: This Funding 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 Funding Agreement.

D.38. SUCCESSORS AND ASSIGNS: This Funding Agreement and all of its provisions shall apply to and bind the successors and assigns of the parties. No assignment or transfer of this Funding 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.39. 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.

D.40. TERMINATION FOR CAUSE: Subject to the right to cure under Paragraph 11, the State may terminate this Funding Agreement and be relieved of any payments should Grantee fail to perform the requirements of this Funding Agreement at the time and in the manner herein, provided including but not limited to reasons of default under Paragraph 11.

D.41. 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.42. 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.43. TIMELINESS: Time is of the essence in this Funding Agreement.

D.44. TRAVEL: Travel includes the reasonable and necessary costs of transportation, subsistence, and other associated costs incurred by personnel during the term of this Funding Agreement.

Any reimbursement for necessary travel and per diem shall be at rates not to exceed those set by the California Department of Human Resources for excluded employees. These rates may DocuSign Envelope ID: 6BC408B3-A5E0-463D-B6C5-9B05037AB0F3 58 Section 8, Item 8E
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be found at: http://www.calhr.ca.gov/employees/Pages/travel-reimbursements.aspx.

Reimbursement will be at the State travel and per diem amounts that are current as of the date costs are incurred. No travel outside the State of California shall be reimbursed unless prior written authorization is obtained from the State.

D.45. UNION ORGANIZING: Grantee, by signing this Funding Agreement, hereby acknowledges the applicability of Government Code sections 16645 through 16649 to this Funding Agreement.

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

A. No State funds disbursed by this Funding 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 Funding 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.46. 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.47. WAIVER OF RIGHTS: None of the provisions of this Funding 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 Funding Agreement unless contrary to law. Any waiver by either party of rights arising in connection with the Funding 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
GRANTEE’S AUTHORIZING RESOLUTION
DocuSign Envelope ID: 6BC408B3-A5E0-463D-B6C5-9B05037AB0F3 60 Section 8, Item 8E
Grant Agreement No. 4600015027

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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.

1. PROGRESS REPORTS
Progress reports shall generally use the following format. This format may be modified as necessary to effectively communicate information.

PROJECT STATUS
Describe the work performed during the time period covered by the report including but not limited to:

PROJECT INFORMATION
• Legal matters
• Engineering Evaluations
• Environmental matters
• Status of permits, easements, rights-of-way, rights of entry, and approvals as may be required by other State, federal, and/or local agencies • Major accomplishments during the quarter (i.e., tasks completed, milestones met, meetings held or attended, press releases, etc.)
• Issues/concerns that have, will, or could affect the schedule or budget, with a recommendation on how to correct the matter
• Describe differences between the work performed and the work outlined in the Overall Work Plan, including change orders
• Demonstrate financial ability to pay local cost share of Eligible Project Costs required to complete the Project
• Estimate the percentage completion of the overall project • Identify key issues that need to be resolved
• Photos documenting progress

COST INFORMATION
• Provide a list showing all project costs incurred during the time period covered by the report by the Grantee and each contractor working on the Project and which of these costs are Eligible Project Costs
• A discussion on how the actual budget is progressing in comparison to the project budget included in the Overall Work Plan
• A list of any changes approved to the budget in accordance with Funding Agreement and a revised budget, by task, if changed from latest budget in the Overall Work Plan • A discussion of whether there have been any changes to the Grantee’s finance plan for payment of the Grantee’s share of Eligible Project Costs DocuSign Envelope ID: 6BC408B3-A5E0-463D-B6C5-9B05037AB0F3 62 Section 8, Item 8E
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SCHEDULE INFORMATION
• A schedule showing actual progress versus planned progress • A discussion on how the actual schedule is progressing in comparison to the original or last reported schedule
• A list of any changes approved to the Schedule in accordance with Funding Agreement and a revised schedule, by task, if changed from latest reported schedule

2. PROJECT COMPLETION REPORT
Project Completion Reports shall generally use the following format.

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 application • Description of actual work completed and any deviations from the work plan identified in the Funding Agreement
REPORTS AND/OR PRODUCTS – The following items should be provided • Final Evaluation report
• Electronic copies of any data collected, not previously submitted • As-built drawings
• Final geodetic survey information
• Self-Certification that the Project meets the stated goal of the funding agreement (e.g. 100- year level of flood protection, HMP standard, PL-84-99, etc.) • Project photos
• Discussion of problems that occurred during the work and how those problems were resolved
• A final project schedule showing actual progress versus planned progress COSTS AND DISPOSITION OF FUNDS – A list showing:
• The date each invoice was submitted to State
• The amount of the invoice
• The date the check was received
• The amount of the check (If a check has not been received for the final invoice, then state this in this section.)
• A summary of the payments made by the Grantee for meeting its cost sharing obligations under this Funding Agreement.
• A summary of final funds disbursement including:
o Labor cost of personnel of agency/ major consultant /sub-consultants. Indicate personnel, hours, rates, type of profession, and reason for consultant, i.e., design, CEQA work, etc.

DocuSign Envelope ID: 6BC408B3-A5E0-463D-B6C5-9B05037AB0F3 63 Section 8, Item 8E
Grant Agreement No. 4600015027

o Evaluation cost information, shown by material, equipment, labor costs, and any change orders
o Any other incurred cost detail
o A statement verifying separate accounting of funding disbursements • Summary of project cost including the following items:
o Accounting of the cost of project expenditure;
o Include all internal and external costs not previously disclosed; 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 – Any relevant additional Information should be included.

DocuSign Envelope ID: 6BC408B3-A5E0-463D-B6C5-9B05037AB0F3 64 Section 8, Item 8E
Grant Agreement No. 4600015027

Exhibit G

STATE AUDIT DOCUMENT REQUIREMENTS
The following provides a list of documents typically required by State Auditors and general guidelines for Grantees. List of documents pertains to both State funding and Grantee’s Cost Share, if any, and details the documents/records that State Auditors would need to review in the event of this Funding Agreement is audited. Grantees should ensure that such records are maintained for three (3) years after final disbursement pursuant to this Agreement.

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 Funding Agreement, any amendment(s), and budget modification documents.

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

3. A listing of all other funding sources for the 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 Funding Agreement.

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

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

Cash Documents:

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

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

DocuSign Envelope ID: 6BC408B3-A5E0-463D-B6C5-9B05037AB0F3 65 Section 8, Item 8E
Grant Agreement No. 4600015027

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 Funding Agreement reimbursement.

Administration Costs:

1. Supporting documents showing the calculation of administration costs.

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 Funding Agreement related correspondence.

DocuSign Envelope ID: 6BC408B3-A5E0-463D-B6C5-9B05037AB0F3 66 Section 8, Item 8E
Grant Agreement No. 4600015027

Exhibit H

INFORMATION NEEDED FOR ESCROW PROCESSING AND CLOSURE
The Grantee must provide the following documents to the State Project Representative during the escrow process. Property acquisition escrow documents must be submitted within the term of this Funding 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 (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: 6BC408B3-A5E0-463D-B6C5-9B05037AB0F3 67 Section 8, Item 8E
Grant Agreement No. 4600015027

Exhibit I

APPRAISAL SPECIFICATIONS
For property acquisitions funded this Funding Agreement, the Grantee must 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. All appraisal reports, regardless of report format, must 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 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 Code of Civil Procedure, section 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-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.

15.Discussion of subject land/site characteristics (size, topography, current use, elevations, zoning and land use issues, development entitlements, General Plan designation, utilities, offsite DocuSign Envelope ID: 6BC408B3-A5E0-463D-B6C5-9B05037AB0F3 68 Section 8, Item 8E
Grant Agreement No. 4600015027

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 must 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 preproject levees that render the take area different from the larger parcel must 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, 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 must 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 DocuSign Envelope ID: 6BC408B3-A5E0-463D-B6C5-9B05037AB0F3 69 Section 8, Item 8E
Grant Agreement No. 4600015027

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. 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 must 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 must 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 must 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 (ground and vault) 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, backup power, vault and site improvements description and location on site, other utilities; access, and road maintenance costs.

DocuSign Envelope ID: 6BC408B3-A5E0-463D-B6C5-9B05037AB0F3 70 Section 8, Item 8E
Grant Agreement No. 4600015027

Exhibit J

ADVANCE PAYMENT
Water Code section 13198.4(c) authorizes advanced payment by the State for grantees that demonstrate cash flow issues. A project may receive an advanced payment of twenty-five (25) percent of its grant award; the remaining seventy-five (75) percent of the grant award will be reimbursed in arrears after the advanced funds 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. If the Grantee is requesting the advanced payment, the request(s) shall include:

1. Descriptive information of each project with an update on project status

2. Description and documentation of the cash flow issues the Grantee has that requires funds to be advanced

3. The names of the entities that will receive the funding for each project

4. 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.

5. Any other information that DWR may deem necessary
B. Upon review and approval of the Advanced Payment Request, DWR may authorize payment of the requested amount or a lesser amount for those entities that have requested advanced funds.

Based on the project’s Funding Plan and other considerations, DWR may 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.

C. Once DWR authorizes the Advanced Payment Request, the Grantee shall submit Advanced Payment Invoice(s) for the initial amount based on the “Disbursement Schedule” containing the request for each project requesting advanced funds, to the State with signature and date of the Grantee’s Project Representative, as indicated in Paragraph 18, “Project Representative.” The Grantee shall be responsible for the timely distribution of the advanced funds. The Advanced Payment Invoice(s) shall be submitted on forms provided by the State and shall meet the following format requirements:

1. Invoice shall contain the date of the invoice, the time period covered by the invoice, and the total amount due.

2. Invoice shall be itemized based on the budget categories specified in Exhibit B, “Budget.”

3. 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). 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 DocuSign Envelope ID: 6BC408B3-A5E0-463D-B6C5-9B05037AB0F3 71 Section 8, Item 8E
Grant Agreement No. 4600015027

tasks in Exhibit A, the State will reject the claim and remove them from the Accountability Report.

4. 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:
i. 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. ii. 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. iii. Documentation that the funds were placed in a non-interest bearing account, including the dates of deposits and withdrawals from that account. iv. Proof of distribution of advanced funds, if applicable.

D. 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 9, “Method of Payment.”
DocuSign Envelope ID: 6BC408B3-A5E0-463D-B6C5-9B05037AB0F3 72 Section 8, Item 8E
Agreement No. 4600015027Am. 1

FUNDING AGREEMENT NO. 4600015027
AMENDMENT 1

BETWEEN THE STATE OF CALIFORNIA DEPARTMENT OF WATER RESOURCES

AND CITY OF FOWLER

A PART OF THE SMALL COMMUNITY DROUGHT RELIEF PROGRAM

PURSUANT TO
THE BUDGET ACT OF 2021 AS AMENDED (STATS. 2022, CH. 44, § 25)

FOR THE

CITY OF FOWLER DROUGHT RESILIENCY PROJECT
On February 24, 2023, the State of California, the Department of Water Resources (hereinafter called the State), and the City of Fowler (hereinafter called the Grantee) entered into Agreement No. 4600015027 (Agreement) for the purpose of assisting in the financing the City of Fowler Drought Resiliency Project (Project). On ________, the Agreement is hereby amended (Amendment 1) to update Paragraph 2, Term of Funding Agreement, to update Paragraph 9, Method of Payment, Paragraph 18, Project Representatives, and Schedule (Exhibit C).

The State and the Grantee hereby agree to the following modifications:

1. The last sentence in Paragraph 2 is replaced in its entirety with: However, all work shall be completed by December 31, 2025, and no funds may be requested after April 30, 2026.

2. Paragraph 9.C.v is replaced in its entirety with:
v. Invoices can be submitted by one of the following methods. a. Via email to the State’s Project Manager at [email protected] b. Mail the invoice with the original “wet signature” to the following address: Narges Abbasian Genaveh Department of Water Resources, South Central Region Office, 691 N. Laverne Avenue, Suite 104, Fresno, CA 93727

3. Paragraph 18 is modified to include the State’s new Project Manager’s information:

Direct all inquiries to the Project Manager:

Department of Water Resources
Narges Abbasian Genaveh
Engineer, Water Resources
South Central Region Office
691 N. Laverne Ave. Suite 104
Fresno, CA 93727
Phone: (559) 285-3479
Docusign Envelope ID: D77FB10C-C619-4409-BFBE-20EC85749D84 12/20/2024
73 Section 8, Item 8E
Agreement No. 4600015027Am. 1

Email: [email protected]

4. Exhibit C (Schedule) is replaced in its entirety with the revised Exhibit C attached hereto.

All other terms and conditions of the original Agreement remain unchanged.

INWITNESS WHEREOF,the parties hereto have executed this Amendment.

STATE OF CALIFORNIA CITY OF FOWLER

DEPARTMENT OF WATER RESOURCES
_____________________________ ______________________________ Arthur Hinojosa, Manager Thomas Gaffery, City Manager
Division of Regional Assistance Email: [email protected] Date__________________________ Date __________________________ Approved as to Legal Form and Sufficiency:
_____________________________
Robin Brewer, Assistant General Counsel
Office of General Counsel
Date__________________________
Docusign Envelope ID: D77FB10C-C619-4409-BFBE-20EC85749D84 12/17/2024
12/20/2024
12/20/2024
74 Section 8, Item 8E
Agreement No. 4600015027Am. 1

Exhibit C
Schedule
Task Start Date End Date
Task 1 – Project Administration 04/29/2022 12/31/2025
Task 2 – CEQA Documentation and Permitting 11/30/2022 12/31/2025 Task 3 – Design and Engineering Services 11/30/2022 12/31/2025 Task 4 – Construction 08/01/2023 12/31/2025
Docusign Envelope ID: D77FB10C-C619-4409-BFBE-20EC85749D84 75 Section 8, Item 8E
Agreement No. 4600015027Am. 2

FUNDING AGREEMENT NO. 4600015027
AMENDMENT 2

BETWEEN THE STATE OF CALIFORNIA DEPARTMENT OF WATER RESOURCES

AND CITY OF FOWLER

A PART OF THE SMALL COMMUNITY DROUGHT RELIEF PROGRAM

PURSUANT TO
THE BUDGET ACT OF 2021 AS AMENDED (STATS. 2022, CH. 44, § 25)

FOR THE

CITY OF FOWLER DROUGHT RESILIENCY PROJECT
On February 24, 2023, the State of California, the Department of Water Resources (hereinafter called the State), and the City of Fowler (hereinafter called the Grantee) entered into Agreement No. 4600015027 (Agreement) for the purpose of assisting in the financing the City of Fowler Drought Resiliency Project (Project). On December 20, 2024, the Agreement was amended (Amendment 1) to update Paragraph 2, Term of Funding Agreement, Paragraph 9, Method of Payment, Paragraph 18, Project Representatives, and Schedule (Exhibit C). On ________, the Agreement is hereby amended again (Amendment 2) to update Paragraph 3, Project Cost, Paragraph 4, Funding Amount, and to modify the Budget (Exhibit B).

The State and the Grantee hereby agree to the following modifications:

1. Paragraph 3 (Project Cost) is replaced in its entirety with: The reasonable cost of the Project is estimated to be $3,325,425.

2. Paragraph 4 (Funding Amount) is replaced in its entirety with: The maximum amount payable by the State under this Agreement shall not exceed $3,325,425.

3. Exhibit B (Budget) is updated to reflect the funding increase.

All other terms and conditions of the original Agreement and Amendment 1 remain unchanged.

Docusign Envelope ID: 70E113CA-0946-4624-9FE1-EC3137C7B1CD 4/17/2025
76 Section 8, Item 8E
Agreement No. 4600015027Am. 2

INWITNESS WHEREOF,the parties hereto have executed this Amendment.

STATE OF CALIFORNIA CITY OF FOWLER

DEPARTMENT OF WATER RESOURCES
_____________________________ ______________________________ Arthur Hinojosa, Manager Michael Reid, Interim City Manager Division of Regional Assistance Email: [email protected]

Date__________________________ Date __________________________ Approved as to Legal Form and Sufficiency:
_____________________________
Robin Brewer, Assistant General Counsel
Office of General Counsel
Date__________________________
Docusign Envelope ID: 70E113CA-0946-4624-9FE1-EC3137C7B1CD 4/17/2025
For
4/17/2025
4/17/2025
77 Section 8, Item 8E
Agreement No. 4600015027Am. 2

Exhibit B
BUDGET
All work associated with the Project must be completed prior to payment of retention. The Grantee is required to maintain all financial documents related to the Project in accordance with Exhibit G (State Audit Document Requirements for Grantees).

Task Funding
Amount
Task 1 – Project Administration $51,900
Task 2 – CEQA Documentation and Permitting $54,600
Task 3 – Design and Engineering Services $362,200
Task 4 – Construction $2,856,725
Grand Total $3,325,425
Docusign Envelope ID: 70E113CA-0946-4624-9FE1-EC3137C7B1CD 78 Section 8, Item 8E
Agreement No. 4600015027 Am.3

FUNDING AGREEMENT NO. 4600015027
AMENDMENT 3

BETWEEN THE STATE OF CALIFORNIA DEPARTMENT OF WATER RESOURCES

AND CITY OF FOWLER

A PART OF THE SMALL COMMUNITY DROUGHT RELIEF PROGRAM

PURSUANT TO
THE BUDGET ACT OF 2021 AS AMENDED (STATS. 2022, CH. 44, § 25)

FOR THE

CITY OF FOWLER DROUGHT RESILIENCY PROJECT
On February 24, 2023, the State of California, the Department of Water Resources (hereinafter called the State), and the City of Fowler (hereinafter called the Grantee) entered into Agreement No. 4600015027 (Agreement) for the purpose of assisting in the financing the City of Fowler Drought Resiliency Project (Project). On December 20, 2024, the Agreement was amended (Amendment 1) to update Paragraph 2, Term of Funding Agreement, Paragraph 9, Method of Payment, Paragraph 18, Project Representatives, and Schedule (Exhibit C). On April 17, 2025, the Agreement is hereby amended again (Amendment 2) to update Paragraph 3, Project Cost, Paragraph 4, Funding Amount, and to modify the Budget (Exhibit B). On ________, the Agreement is hereby amended again (Amendment 3) to update Paragraph 2, Term of Funding Agreement, Paragraph 18, Project Representatives, and Schedule (Exhibit C).

The State and the Grantee hereby agree to the following modifications:

1. The last sentence in Paragraph 2 is replaced in its entirety with: However, all work shall be completed by February 27, 2026, and no funds may be requested after April 30, 2026.

2. Paragraph 18 is modified to include the City of Fowler’s new Authorized Representative’s information:

City of Fowler
Micheal Reid
City Manager
128 S. 5th Street
Fowler, CA 93625
Phone: (559) 834-3113
Email: [email protected]

3. Exhibit C (Schedule) is updated to reflect the changes to the Term of Funding Agreement. 79 Section 8, Item 8E
Agreement No. 4600015027 Am.3

All other terms and conditions of the original Agreement, Amendment 1, and Amendment 2 remain unchanged.

IN WITNESS WHEREOF, the parties hereto have executed this Amendment.

STATE OF CALIFORNIA CITY OF FOWLER
DEPARTMENT OF WATER RESOURCES _____________________________ ______________________________ Arthur Hinojosa, Manager Michael Reid, Interim City Manager Division of Regional Assistance Email: [email protected] Date__________________________ Date __________________________ Approved as to Legal Form and Sufficiency: _____________________________ Robin Brewer, Assistant General Counsel Office of General Counsel
Date__________________________

80 Section 8, Item 8E
Agreement No. 4600015027 Am.3

Exhibit C

SCEDULE
Task Start Date End Date
Task 1 – Project Administration 04/29/2022 02/27/2026
Task 2 – CEQA Documentation and Permitting 11/30/2022 02/27/2026 Task 3 – Design and Engineering Services 11/30/2022 02/27/2026 Task 4 – Construction 08/01/2023 02/27/2026
81 Section 8, Item 8E

CITY COUNCIL MEETING

REPORT TO THE CITY COUNCIL
DATE: Tuesday, November 4, 2025
FROM: NANCY BANDA, Finance Director/Treasurer
SUBJECT: APPROVE Resolution No. 2812 Approving an Accounting Software License and Agreement with Corbin Willits Systems

EXECUTIVE SUMMARY
The City of Fowler sent out a Request For Proposals (RFP) for general accounting software.

Staff received three proposals and determined that MOM from Corbin Willits Systems (CWS) is the superior proposal. Pursuant to the Purchasing Policy, the City Council will need to approve an agreement with the selected vendor.

BACKGROUND
Due to insufficient technical and customer service support, the prior Finance Director made a determination to procure new accounting software for the City of Fowler. The current Finance Director concurs with this assessment as staff has constantly struggled to receive support from the current provider for the simplest of issues, including being on hold via telephone for hours with no eventual response or solution. Staff also is concerned that, due to the abovementioned issues, this software may begin to be phased out in the next couple of years.

Current staff reached out to other cities to poll what software they are utilizing, performed an analysis of the market based on available marketing materials, and contacted various companies for demonstrations of their products. Staff then formulated an RFP based on the needs of the City of Fowler and the available features prevalent in the municipal accounting software industry.

Staff received three (3) proposals from interested vendors: Tyler Technologies; OpenGov; and Corbin Willits Systems (CWS). City staff then analyzed the benefits and disadvantages of the respective software suites, taking into account their suitability for the City’s finance operations, their ease of use, versatility, history of providing services to similar cities, and their cost. For Council’s and the public’s benefit, the cost of implementation and annual fees going forward are contained on a table on the following page.

Staff recommends the City move forward with CWS, who provides a comprehensive service and also has the best price. Various cities in the County, including Reedley, use this system. 82 Section 10 , Item A

START-UP AND ANNUAL COSTS
Vendor Year 1 Annual
OpenGov
201,390.00 73,192.00
Tyler
111,861.00 23,786.00
CWS
78,468.44 13,776.00

PUBLIC NOTICE
This item does not require a public hearing and was noticed as a part of the City Council Agenda.

ENVIRONMENTAL REVIEW
This action does not constitute a “project” pursuant to the California Environmental Quality Act.

GENERAL PLAN CONSISTENCY
Because functional accounting software is a principal element of the City of Fowler’s operations, this action either directly or indirectly assists in carrying out all aspects of the General Plan.

FISCAL IMPACT
For year one, the implementation process will be $78,468.44 for start-up and first year operational costs; and $13,776 per year going forward.

For comparison, the City pays approximately $45,000 in annual fees for the system being used currently.

Because staff anticipated this transition to a new system, this expense was integrated into the budget approved by Council for Fiscal Year 2025-26 and will be paid from the General Fund.

PROCUREMENT PROCESS
Consistent with the City’s purchasing policy, the long-term cost of this contract necessitates approval by the City Council, cumulatively eclipsing the City Manager’s authorized threshold amount of $50,000. Staff advertised the RFP via posting on the City’s current provider of electronic procurement services (PlanetBids).

As noted above, evaluations as to the suitability of the selected provider were based on predetermined criteria suited to the needs and interests of the City of Fowler.

CONFLICT OF INTEREST
Staff is not aware of any conflicts of interest.

Attachments
- Resolution No. 2812
- Contract with Corbin Willits Systems (CWS)
83 Section 10 , Item A
RESOLUTION NO. 2812

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOWLER

APPROVING THE PURCHASE OF AN ACCOUNTING SOFTWARE LICENSE AND

AGREEMENT
WHEREAS, the City of Fowler (City) recognizes the need to procure new accounting software due to insufficient technical and customer service support; and WHEREAS, a Request of Proposals was formulated based on the needs of the City; and WHEREAS, City Staff analyzed all three (3) proposals to determine the most suitable software for the City’s finance operations; and
WHEREAS, City Staff recommend moving forward with Corbin Willits Systems, Inc., who provides a comprehensive service.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fowler approving the purchase of an accounting software license use and agreement with Corbin Willits Systems, Inc., and authorize the City Manager to execute for and on behalf of the City of Fowler.

PASSED, APPROVED AND ADOPTED this 4
th day of November 2025, at a regular
meeting of the Fowler City Council by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

APPROVED:
___________________________
Juan Mejia, Mayor
ATTEST:
____________________________
Angela Vasquez, City Clerk
84 Section 10 , Item A
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CITY OF FOWLER

CONTRACT SERVICES AGREEMENT FOR PROFESSIONAL SERVICES
This Contract Services Agreement for Professional Services ("Agreement") is entered into between the City of Fowler, a California general law city ("City") and Corbin Willits Systems, Inc. ("Vendor") with respect to the following recitals, which are a substantive part of this Agreement. This Agreement shall be effective on ___________________ ("Effective Date").

RECITALS
A. City desires to engage the services of a qualified vendor to act as a user for certain of such packages ("Services") more fully described in Exhibit A, which is attached hereto and incorporated by reference.

B. Vendor is engaged in the business of providing these Services and hereby warrants and represents that Vendor is qualified, experienced, and capable of providing these Services, and possesses any required licenses, certifications, security/bonding, and/or training necessary thereto.

C. City desires to contract with Vendor to provide these Services on the terms and conditions as set forth in this Agreement.

NOW, THEREFORE, in consideration of the promises and mutual agreements herein, City and Vendor agree as follows:

AGREEMENT

1. Scope of Work. Vendor agrees to perform the services as more fully described in Exhibit A attached hereto and incorporated herein by reference (“Services”). Changes in the scope of Services, including work incidental to the Services, shall be made in writing and particularly describe the changes in Services, payment/costs, and schedule/term, as applicable.

2. Schedule. City and Vendor shall mutually agree on a schedule for performing the Services. The schedule shall be subject to modification based on the City’s operational needs. City will notify Vendor in advance of any modification to the schedule.

3. Term of Agreement; Commencement of Services. The term of this Agreement shall begin on or after the Effective Date, unless otherwise instructed by City, and continue with the Services, unless extended by mutual written agreement of the Parties. Notwithstanding the preceding sentence, this Agreement may be terminated during the term in accordance with Section 17 herein.

4. Payment for Services. City shall pay Vendor for the Services performed pursuant to this Agreement as follows: Upon acceptance of the contract City will make a 50% deposit with remaining 50% paid upon delivery of the system. The total amount paid by City to Vendor pursuant to this Agreement shall not exceed Seventy-Four Thousand One Hundred Seventy-Six Dollars ($74,176).

The foregoing is inclusive of all labor, equipment, materials, costs and expenses, taxes, and overhead. City shall pay Vendor for Services satisfactorily performed pursuant to this Agreement. Vendor shall submit an invoice to City containing detailed billing information regarding the Services provided and City shall tender payment to Vendor within thirty (30) days after receipt of invoice.

5. Independent Contractor Status. Vendor and its subcontractors, if any, shall perform the Services as independent contractors and not as officers, employees, agents or volunteers of City. Vendor is engaged in an independently established trade, occupation, or business to perform the Services required by this Agreement 85 Section 10 , Item A
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and is hereby retained to perform work that is outside the usual course of City’s business. Vendor is free from the control and direction of City in connection with the manner of performance of the work. Nothing contained in this Agreement shall be deemed to create any contractual relationship between City and Vendor’s employees or subcontractors, nor shall anything contained in this Agreement be deemed to give any third party, including but not limited to Vendor’s employees or subcontractors, any claim or right of action against City.

6. Vendor Representations; Standard of Care; Compliance with Law. Vendor represents that Vendor and any subcontractors utilized by Vendor are and will be qualified in the field for which Services are being provided under this Agreement, and Vendor and any subcontractors are now, and will be throughout their performance of the Services under this Agreement, properly licensed, certified, secured/bonded, trained, and/or otherwise qualified and authorized to perform the Services required and contemplated by this Agreement, as may be required by law. Vendor and its subcontractors shall utilize the standard of care and skill customarily exercised by members of their profession, shall use reasonable diligence and best judgment while performing the Services, and shall comply with all applicable laws, regulations, and industry standards, including anti-discrimination and anti-harassment laws. Vendor shall comply with all Labor Code requirements for public works projects if applicable to Vendor’s work under this Agreement.

7. [Reserved]

8. Subcontractor Provisions. Vendor shall include in its written agreements with its subcontractors, if any, provisions which: (a) impose upon the subcontractors the obligation to provide to City the same insurance and indemnity obligations that Vendor owes to City; (b) make clear that City intends to rely upon the reports, opinions, conclusions and other work product prepared and performed by subcontractors for Vendor; and (c) entitle City to impose upon subcontractors the assignment rights found elsewhere in this Agreement.

9. Power to Act on Behalf of City. Vendor is not acting as an agent of City and shall not have any right, power, or authority to create any obligation, express or implied, or make representations on behalf of City except as may be expressly authorized in advance in writing from time to time by City and then only to the extent of such authorization.

10. Record Keeping; Reports. Vendor shall keep complete records showing the type of Services performed. Vendor shall be responsible and shall require its subcontractors to keep similar records. City shall be given reasonable access to the records of Vendor and its subcontractors for inspection and audit purposes.

Vendor shall provide City with a working draft of all reports upon reasonable request by City and of all final reports prepared by Vendor under this Agreement.

11. [Reserved]

12. [Reserved]

13. City Name and Logo. Vendor shall not use City's name or insignia, photographs relating to the City projects or work for which Vendor’s services are rendered, or any publicity pertaining to the Vendor’s Services under this Agreement in any magazine, trade paper, newspaper, television or radio production, internet website, social media, or other similar medium without the prior written consent of City.

14. Conflicts of Interest. Vendor warrants that neither Vendor nor any of its employees have an improper interest, present or contemplated, in the Services which would affect Vendor’s or its employees’ performance of the Services. Vendor further warrants that neither Vendor nor any of its employees have real property, business interests or income that will be affected by the Services. Vendor covenants that no person having any such interest, whether an employee or subcontractor shall perform the Services under this Agreement. During the performance of the Services, Vendor shall not employ or retain the services of any person who is employed 86 Section 10 , Item A
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by the City or a member of any City Board or Commission.

15. Non-liability of Officers and Employees. No officer or employee of City shall be personally liable to Vendor, or any successors in interest, in the event of a default or breach by City for any amount which may become due Vendor or its successor, or for any breach of any obligation under the terms of this Agreement.

16. City Right to Employ Other Vendors. Unless Exhibit A specifically provides that the Services City seeks pursuant to this Agreement are exclusive to Vendor, this Agreement and the performance of the Services are non-exclusive and City reserves the right to employ other vendors or contractors in connection with the Services while this Agreement is in effect.

17. Termination of Agreement. This Agreement shall terminate as provided in Section 3, unless terminated earlier pursuant to the following:
a. Termination by City: For Convenience. City may at its discretion terminate this Agreement for convenience and without cause upon fourteen (14) days prior written notice to Vendor. Upon receipt of a termination notice pursuant to this subsection, Vendor shall promptly discontinue all Services affected, unless the notice directs otherwise.
b. Termination by City or Vendor: For Cause. Either party may terminate this Agreement upon ten (10) days prior written notice to the other party of a material breach, and a failure within that time period to cure or commence reasonable steps to cure the breach.
c. Compensation to Vendor Upon Termination. Vendor shall be paid compensation for Services satisfactorily performed prior to notice of termination. As to any phase partially performed but for which the applicable portion of Vendor’s compensation has not become due, Vendor shall be paid the reasonable value of its Services provided. However, in no event shall such payment when added to any other payment due under the applicable part of the work exceed the total compensation of such part as specified Section 4. In the event of termination due to Vendor’s failure to perform in accordance with the terms of this Agreement through no fault of City, City may withhold an amount that would otherwise be payable as an offset to City's damages caused by such failure.
d. Effect of Termination. Upon termination of this Agreement, Vendor shall promptly discontinue all Services affected, unless the notice of termination directs otherwise.

18. Insurance. Vendor shall satisfy the insurance requirements set forth in Exhibit B.

19. Indemnity and Defense. Vendor hereby agrees to indemnify, defend and hold the City, its officials, officers, employees, agents, and volunteers harmless from and against all claims, demands, causes of action, actions, damages, losses, expenses, and other liabilities, (including without limitation reasonable attorney fees and costs of litigation) of every nature arising out of or in connection with the alleged or actual acts, errors, omissions or negligence of Vendor or its subcontractors relating to the performance of Services described herein to the fullest extent permitted by law, unless the injuries or damages are the result of City's sole negligence or willful misconduct, subject to any limitations imposed by law. Vendor and City agree that said indemnity and defense obligations shall survive the expiration or termination of this Agreement for any items specified herein that arose or occurred during the term of this Agreement.

20. Taxes. Vendor agrees to pay all taxes, licenses, and fees levied or assessed by any governmental agency on Vendor as a result of the sale of the Equipment and/or performance of Services under this Agreement, and unemployment and workers’ compensation insurance, social security, or any other taxes upon the wages of Vendor, its employees, agents, and representatives. Vendor agrees to obtain and maintain a 87 Section 10 , Item A
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business license from City and pay the applicable business license fee to City during the term of this Agreement.

21. Assignment. Neither this Agreement nor any duties or obligations hereunder shall be assignable by Vendor without the prior written consent of City. In the event of an assignment to which City has consented, the assignee shall agree in writing to personally assume and perform the covenants, obligations, and agreements herein contained. In addition, Vendor shall not assign the payment of any monies due Vendor from City under the terms of this Agreement to any other individual, corporation or entity. City retains the right to pay any and all monies due Vendor directly to Vendor.

22. Form and Service of Notices. Any and all notices or other communications required or permitted by this Agreement or by law to be delivered to, served upon, or given to either party to this Agreement by the other party shall be in writing and shall be deemed properly delivered, served or given by one of the following methods:
a. Personally delivered to the party to whom it is directed. Service shall be deemed the date of delivery.
b. Delivered by e-mail to a known address of the party to whom it is directed provided the e-mail is accompanied by an acknowledgment of receipt by the other party. Service shall be deemed the date of acknowledgement.
c. Delivery by a reliable overnight delivery service, ex., Federal Express, receipted, addressed to the addressees set forth below the signatories to this Agreement. Service shall be deemed the date of delivery. d. Delivery by deposit in the United States mail, first class, postage prepaid. Service shall be deemed delivered ninety-six (96) hours after deposit.

23. Entire Agreement. This Agreement, including any referenced Exhibits, represents the entire agreement between City and Vendor and supersedes all prior negotiations, representations or agreements, either written or oral with respect to the subject matter herein.

24. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns.

25. Authority. The signatories to this Agreement warrant and represent that they have the legal right, power, and authority to execute this Agreement and bind their respective entities.

26. Severability. In the event any term or provision of this Agreement is declared to be invalid or illegal for any reason, this Agreement will remain in full force and effect and will be interpreted as though such invalid or illegal provision were not a part of this Agreement. The remaining provisions will be construed to preserve the intent and purpose of this Agreement and the parties will negotiate in good faith to modify any invalidated provisions to preserve each party’s anticipated benefits.

27. Applicable Law and Interpretation and Venue. This Agreement shall be interpreted in accordance with the laws of the State of California. The language of all parts of this Agreement shall, in all cases, be construed as a whole, according to its fair meaning, and not strictly for or against either party. This Agreement is entered into by City and Vendor in the County of Fresno, California. Vendor shall perform the Services required under this Agreement in the County of Fresno, California. Thus, in the event of litigation, venue shall only lie with the appropriate state or federal court in Fresno County. 88 Section 10 , Item A
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28. Amendments and Waiver. This Agreement shall not be modified or amended in any way, and no provision shall be waived, except in writing signed by the parties hereto. No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. Failure of either party to enforce any provision of this Agreement shall not constitute a waiver of the right to compel enforcement of the remaining provisions of this Agreement.

29. Third Party Beneficiaries. Nothing in this Agreement shall be construed to confer any rights upon any party not a signatory to this Agreement.

30. Execution in Counterparts. This Agreement may be executed in counterparts such that the signatures may appear on separate signature pages. A copy or an original, with all signatures appended together, shall be deemed a fully executed Agreement.

31. Alternative Dispute Resolution. If a dispute arises out of or relating to this Agreement, or the alleged breach thereof, and if said dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by non-binding mediation before resorting to litigation. The mediator shall be mutually selected by the parties, but in case of disagreement, the mediator shall be selected by lot from among two nominations provided by each party. All costs and fees required by the mediator shall be split equally by the parties, otherwise each party shall bear its own costs of mediation. If mediation fails to resolve the dispute within thirty (30) days, either party may pursue litigation to resolve the dispute.

Demand for mediation shall be in writing and delivered to the other party to this Agreement.

A demand for mediation shall be made within reasonable time after the claim, dispute or other matter in question has arisen. In no event shall the demand for mediation be made after the date when institution of legal or equitable proceedings based on such a claim, dispute or other matter in question would be barred by California statues of limitations.

32. Non-Discrimination. Contractor shall not discriminate on the basis of any protected class under federal or State law in the provision of the Services or with respect to any Contractor employees or applicants for employment. Contractor shall ensure that any subcontractors are bound to this provision. A protected class, includes, but is not necessarily limited to race, color, national origin, ancestry, religion, age, sex, sexual orientation, marital status, and disability.

Now, therefore, the City and Vendor have executed this Agreement on the date(s) set forth below.

CORBIN WILLITS SYSTEMS, INC. CITY OF FOWLER
__________________________
NAME Michael Reid
TITLE City Manager
Date: Date:

ADDRESS 128 South 5th Street
CSZ Fowler, CA 93625
(XXX) XXX-XXXX (559) 834-3113
89 Section 10 , Item A
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EXHIBIT A

SCOPE OF SERVICES
MOM – FUND ACCOUNTING SOFTWARE SYSTEM

SOFTWARE PRICE

AU SYSTEM UTILITIES
0 MOM System License (required 5 concurrent users) $8,000.00 There is no limit of actual total users.
1 Overall Security System $0.00
2 Memo Pad/Phone Message Sub-System $0.00
5 Project/Cost Center Accounting $1,000.00
6 File Compression $0.00
8 Fund Accounting $0.00
10 Alternative General Ledger Code $0.00
11 Multiple Fiscal Entity Capability $1,000.00
12 Self Documenting Capability $0.00
0 Calendar/Appointment/Task Management $0.00
14 Area Code Update Utility $0.00
45 On-Line Documentation $0.00
$10,000.00

CH CASH MANAGEMENT
0 Base System (required) $3,000.00
1 Bank Reconciliation $1,000.00
2 Cash Drawer Interface $200.00
3 Multi-Registers $600.00
4 Auto-Bank Reconciliation $1,500.00
45 On-Line Documentation $0.00
$6,300.00
90 Section 10 , Item A
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CLIENT
MOM – FUND ACCOUNTING SOFTWARE
SYSTEM

EXHIBIT A

GL GENERAL LEDGER
0 Base System (required) $4,000.00
1 Financial Report Generator $1,500.00
2 Budgeting System $800.00
3 Auto-Journal Capability $750.00
4 Journal Entry Security Sub-System $500.00
5 Spreadsheet Interface $500.00
44 Query System $0.00
45 On-Line Documentation $0.00
$8,050.00

PY ACCOUNTS PAYABLE
0 Base System (required) $4,000.00
1 Auto-Invoice Capability $300.00
2 Budget Comparison $200.00
3 Terminal Control $200.00
5 Positive pay $1,300.00
44 Query System $0.00
45 On-Line Documentation $0.00
$6,000.00
91 Section 10 , Item A
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CLIENT
MOM – FUND ACCOUNTING SOFTWARE
SYSTEM

EXHIBIT A

MQ UTILITY BILLING
0 Base System (required) $10,000.00
Cash Management base system required
4 Bad Check Sub-System $0.00
5 Auto-Refund Sub-System $500.00
6 Meter Reader Interface $2,000.00
7 Customer Water Usage Sub-System $0.00
14 Manual Notices $0.00
18 Auto Payments (Internal, not online ACH) optional $2,000.00 (Does not include hardware)
19 Online Payment System 3,000
Hosted by momsoftware
44 Query System $0.00
45 On-Line Documentation $0.00
$17,500.00
SS System Summary Price
AU System Utilities $10,000.00
CH Cash Management $6,300.00
GL General Ledger $8,050.00
PY Accounts Payable $6,000.00
MQ Utility Billing $17,500.00
Total $47,850.00
92 Section 10 , Item A
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CLIENT

CHARGE SUMMARY & PAYMENT SCHEDULE

INSTALLATION AND TRAINING
System training is charged at the rate of $1,400/day plus travel, lodging & expenses. The following is a summary of the minimum days required to get your staff operational on a module. More days may be required depending on the knowledge base of the staff to be trained. A day is defined as standard 8 hours. Online training can and will be used at 175.00 an hour. 1 - DAY - SI - SYSTEM INSTALLATION and CONSULTATION
1 - DAY - AU - SYSTEM UTILITIES
1 - DAY - CH - CASH MANAGEMENT
2 - DAY - GL - GENERAL LEDGER
1 - DAY - GL - FR - CUSTOM REPORTING CLASS
1 - DAY - PY - ACCOUNTS PAYABLE
2 - DAY - MQ - UTILITY BILLING
9– DAY – SS – SYSTEM SERVICES – MINIMUM $12,600
CWS staff will coordinate with client staff for the scheduling of system delivery, implementation, and training times. Chart of accounts, forms, checks and documentation will be verified.

If software is purchased with all features listed in this sample contract, the total pricing per month would be as follows.

Base price: $47,800.00. 2% of list price. $950.00 monthly Monthly charge for online $198.00 monthly
Total monthly charge -- $1,148.00 monthly
93 Section 10 , Item A
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CLIENT
CHARGE SUMMARY & PAYMENT SCHEDULE (CONT.)
Enhancement, Retainer, & Service agreement
Fees for the monthly enhancement, retainer & service agreement (ER&S) are charged at the rate of 2% per month of the total list price of the mom software system. Client will receive a monthly statement. Cost of living increases are made annually.

Payment schedule for the mom software system

1. Upon acceptance of the contract client will make a 50% deposit.

2. Upon delivery of the system client will pay remaining balance. 94 Section 10 , Item A
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EXHIBIT B

INSURANCE REQUIREMENTS
Prior to commencement of the Services, Vendor shall take out and maintain at its own expense the insurance coverage required by this Exhibit C. Vendor shall cause any subcontractor with whom Vendor contracts for the performance of Services pursuant to this Agreement to take out and maintain equivalent insurance coverage. Said insurance shall be maintained at all times during Vendor’s performance of Services under this Agreement, and for any additional period specified herein. All insurance shall be placed with insurance companies that are licensed and admitted to conduct business in the State of California and are rated at a minimum with an "A:VII" by A.M. Best Company, unless otherwise acceptable to the City. a. Minimum Limits of Insurance. Vendor shall maintain the following types of insurance with limits no less than specified:
(i) General Liability Insurance (including operations, products and completed operations coverages) in an amount not less than $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. (ii) Worker's Compensation Insurance as required by the State of California. (iii) Automobile Liability Insurance in an amount not less than $1,000,000 per accident for bodily injury and property damage.
(iv) Umbrella or Excess Liability. In the event Vendor purchases an Umbrella or Excess insurance policy(ies) to meet the “Minimum Limits of Insurance,” this insurance policy(ies) shall “follow form” and afford no less coverage than the primary insurance policy(ies). In addition, such Umbrella or Excess insurance policy(ies) shall also apply on a primary and non-contributory basis for the benefit of the City, its officers, officials, employees, agents and volunteers.

If Vendor maintains higher limits than the minimums shown above, the City shall be entitled to coverage at the higher limits maintained.
b. Other Insurance Provisions. The general liability policy is to contain, or be endorsed to contain, the following provisions:
(i) The City, its officers, officials, employees, agents, and volunteers are to be covered as insured's with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Vendor; and with respect to liability arising out of work or operations performed by or on behalf of the Vendor including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Vendor’s insurance (at least as broad as ISO Form 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33 or CG 20 38; and CG 20 37 forms if later revisions used).
(ii) For any claims related to the Services performed pursuant to this Agreement, the Vendor’s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents or volunteers shall be excess of the Vendor’s insurance and shall not contribute with it. 95 Section 10 , Item A
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(iii) Each insurance policy required by this section shall be endorsed to state that the City shall receive written notice at least thirty (30) days prior to the cancellation, non-renewal, or material modification of the coverages required herein.
(iv) Vendor grants to the City a waiver of any right to subrogation which any insurer of said Vendor may acquire against the City by virtue of the payment of any loss under such insurance. Vendor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. (v) Any deductibles or self-insured retentions must be declared to and approved by the City of Fowler Risk Services. The City may require the Vendor to purchase coverage with a lower deductible or retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.
c. Evidence of Coverage. Vendor shall deliver to City written evidence of the above insurance coverages, including the required endorsements prior to commencing Services under this Agreement; and the production of such written evidence shall be an express condition precedent, notwithstanding anything to the contrary in this Agreement, to Vendor’s right to be paid any compensation under this Agreement. City's failure, at any time, to object to Vendor’s failure to provide the specified insurance or written evidence thereof (either as to the type or amount of such insurance), shall not be deemed a waiver of City's right to insist upon such insurance later.
d. Maintenance of Insurance. If Vendor fails to furnish and maintain the insurance required by this section, City may (but is not required to) purchase such insurance on behalf of Vendor, and the Vendor shall pay the cost thereof to City upon demand, and City shall furnish Vendor with any information needed to obtain such insurance. Moreover, at its discretion, City may pay for such insurance with funds otherwise due Vendor under this Agreement.
e. Subcontractors. If the Vendor should subcontract all or any portion of the work to be performed in this Agreement, the Vendor shall cover the subcontractor, and/or require each subcontractor to adhere to all the requirements contained herein. Similarly, any cancellation, lapse, reduction or change of subcontractor’s insurance shall have the same impact as described above. f. Special Risks or Circumstances. The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
g. Indemnity and Defense. Except as otherwise expressly provided, the insurance requirements in this section shall not in any way limit, in either scope or amount, the indemnity and defense obligations separately owed by Vendor to City under this Agreement. 96 Section 10 , Item A
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EXHIBIT C

CERTIFICATE OF INSURANCE
97 Section 10 , Item A