Coachella City Council
February 26, 2025

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c) If SGC rejects the request in writing, City will coordinate with Partner to file a Dispute as set forth herein.

11. CONDITIONS FOR BEGINNING WORK.

A. Readiness Requirements.
i. If the Project includes a Transformative Plan (Community Engagement, Workforce Development, and Displacement Avoidance), Partner may begin work on all Transformative Plans upon execution of this Agreement. Partner Costs may also be spent upon Agreement execution.
ii. Conditions for Beginning Work apply to all Quantifiable and Non-Quantifiable Projects. Partner must demonstrate readiness prior to expending any direct Project costs.
iii. Pre-development, project management, and associated Indirect costs can be spent prior to achieving readiness.
iv. Readiness requirements include CEQA documentation, site control, permits, project maps and designs, project schedules, operations and maintenance plans, and other Strategy-specific requirements (see Appendix B of the TCC Guidelines). Readiness requirements must be complete prior to beginning project implementation.
v. Partner must demonstrate readiness within the first year of the grant term, in accordance with the requirements outlined for each Strategy in Appendix B of the TCC Guidelines. Readiness will be assessed and approved independently for each individual Project.
vi. SGC has sole discretion to determine when the Lead Entity has demonstrated readiness for each Project. Partner may only expend direct project costs for each Project under this Agreement once City receives written notice from SGC.

B. Failure to meet Readiness Requirements
Projects that do not meet the readiness requirements within the first year of this Agreement will be deemed to be infeasible and ineligible for reimbursement, unless SGC gives written approval to City to extend the timeline to meet the readiness requirements.

C. Special Readiness Requirements
i. If Project has multiple project sites that will be secured during the Project Completion Period, including residential participation such as tree planting or solar installations, the following readiness requirements will apply. a) Partner does not need to demonstrate site control and compliance on the Project site prior to expending any direct project costs. Partner must still

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achieve all other readiness requirements in accordance with Appendix B of the TCC Guidelines prior to expending any direct project costs. b) Partner must have site control and compliance on the Project site from the appropriate governing agency or private property owner prior to beginning work on a project site.
c) Partner must demonstrate site control and compliance with all applicable laws in order for City to reimburse Partner for the work on the Project site.

D. For Car Sharing and Mobility Enhancement projects, Partner must identify the Project site(s) and develop a plan to establish site control and satisfy all readiness requirements.

These projects are subject to the readiness and compliance requirements for ‘projects with multiple project sites’. Partner must submit a site plan that includes contingency plans for each site that has not yet obtained site control.

12. REPORTING REQUIREMENTS.

A. Partner’s General Reporting Requirements:
i. All reports must be completed using templates attached to this Agreement or as otherwise provided by the City.
ii. The first reporting period will begin on the Effective Date of this Agreement. iii. All reports must be submitted to the City on the due date specified in the Reporting Schedule (Exhibit A6). When the report submission due date falls on a weekend or state-recognized holiday, reports will be due on the first business day that follows.
iv. All reports must be signed by the Authorized Signatory or Designee on file. v. City may request to verify reports through methods that include, but are not limited to: supporting documentation, site visits, conference calls or video conferencing.
vi. Partner’s failure to timely meet the reporting requirements may result in a delay in reimbursement.

B. Bimonthly Progress Reports:
i. Partner must complete Bimonthly Progress Reports (Exhibit A7) using the template attached to the Agreement.
ii. Partner must complete Bimonthly Progress Reports for the duration of the Project Completion Period.
iii. Bimonthly Progress Reports must correspond with Exhibit A3.

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iv. Partner must report on any deliverables submitted and submit evidence of work completed, as requested by City.

C. Annual Reports:

The following materials must be submitted on an annual basis for the duration of the Project Completion Period:
i. Annual Progress Report: Partner must complete Annual Progress Reports using the template that will be provided by the City.
ii. Leverage Funding Report: Partner must submit Detailed Leverage Reporting forms using the template attached to this Agreement as Exhibit A8. iii. Detailed Work Plan and Budget: Partner must provide an annual detailed work plan and budget showing alignment with Exhibit A3.
iv. Equipment Inventory Record: Partner must maintain an inventory of all equipment acquired with funding provided under this Agreement. v. Indicator Tracking Report: Partner must report annually on the tracked indicators described in the Indicator Tracking Tables attached to this Agreement as Exhibit A9.

D. Project Completion Reports:
i. Completion Report: Partner must submit a report at the completion of the Project using the template provided by the City.
ii. Supporting Documentation: Partner must submit any supporting documentation required to demonstrate that the Project is fully completed.

E. Final Report:
i. Final Report: Partner must submit a final report at the end of the Performance Period using the template provided by the City.
ii. Leverage Funding Report: Partner must submit a detailed summary of the leverage funding spent using the template provided by the City.

F. Evaluation and Indicator Tracking Reporting. Partner must track and report on all indicators incorporated into the Indicator Tracking Plan (Exhibit A9) until the end of the Performance Period.

13. PAYMENT PROVISIONS.

A. Partner shall be paid on a reimbursement basis.

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i. Partner must invoice City before City submits an invoice to SGC. TCC funds will be first issued to City; City will disperse payment to Partner. All invoices must be supported by adequate documentation evidencing the direct cost for which the Partner seeks reimbursement has been incurred.
ii. City shall not pay Partner until invoices are approved by SGC and funding is received by City.
iii. During the Project Completion Period, Partner may only request reimbursement for eligible costs incurred for implementing the Project. Any work performed prior to the start date or after the end of the Performance Period will not be reimbursed.
iv. During the Project Completion Period, Partner may only request reimbursement for Indicator Tracking costs as well as Partner Direct and Indirect costs for completing the Final Report. If the Project Completion Period and the Performance Period overlap, Partner may continue requesting reimbursement for Project costs for the duration of the Project Completion Period.

B. Eligible costs
Partner should refer to the TCC Guidelines including Appendix B for eligible cost requirements. To the extent that the provisions of this Section may conflict with the TCC Guidelines, this Section takes precedence.
i. Indirect costs are costs of doing business that are of a general nature and not directly tied to the Grant, but necessary for the general operation of the organization. These costs may account for no more than 12% of the awarded Grant funds minus any funds for equipment purchases with a per unit cost of $5,000.00 or more. Reimbursement requests for indirect/overhead costs must be proportionate to the direct costs billed in an invoice. ii. Direct costs will be reimbursable. Direct costs are defined as costs directly tied to the implementation of the Grant Agreement. In addition, insurance premiums are only an eligible cost to the extent that the cost of coverage increased because of the award or Project requirements. Grantees must adhere to the following requirements:
a) Pre-development costs may account for up to ten percent (10%) of the individual Project budget submitted at the time of Application or of the individual Project budget included in in this Agreement, whichever is greater, of related capital improvement costs for the Project. This limit may be increased to 20% subject to TCC staff approval. Pre-development costs should not exceed ten percent (10%) of the Grant. These activities and costs should occur within the first year of the grant term to meet readiness requirements. Construction management tied to Project implementation is a direct project cost and will not be subject to the cap on “pre-development” costs.

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b) Basic Environmental Infrastructure costs (that support water and wastewater connections, waste disposal systems, and/or pollution control systems) may account for up to ten percent (10%) of the total Grant. c) The eligible use of heavy-duty trucks and equipment shall be reimbursed at the then-current rate set by the California Department of Transportation “Labor Surcharge and Equipment Rental Rate” guide.
iii. Travel costs directly related to the performance of this Agreement will be subject to the State of California travel reimbursement rates, in effect, during the term of this Agreement.
a) City will reimburse for actual expenditures, based on equivalent civil service classifications, up to the maximum state allowable rates in effect at the time of travel. The state rates are available for review at:
http://www.calhr.ca.gov/employees/pages/travel-reimbursements.aspx. b) Incidental costs and travel costs outside the State of California will not be reimbursed.
c) For staff working on the Project, Partner shall maintain and submit for reimbursement detailed travel records and supporting documents (e.g. travel request and approval forms, expense claims, invoices, receipts for lodging and transportation, etc.) showing the date and purpose of the grant-related travel, destination and, in the case of travel by automobile, the number of miles driven.
d) Partner shall ensure travel costs are outlined in the Budget and Schedule of Deliverables and tied to tasks and deliverables in the work plan. e) Partner shall ensure that any person traveling pursuant to this Agreement shall indemnify and hold harmless City, SGC, and State of California for any liabilities resulting from such travel.
iv. Project-specific allowable costs are costs that are only allowed under certain Strategies. These direct costs are allowed for Project implementation, and therefore may not be subject to the indirect cost restrictions. These costs may still be subject to additional restrictions per Appendix B of the TCC Guidelines and will not be reimbursed if incurred for other projects. See Exhibit A4 ProjectSpecific Terms and Conditions for project and strategy specific allowable costs.

C. Ineligible costs
i. For ineligible direct implementation costs, refer to Appendix B and C of the TCC Guidelines, by project or plan strategy.
ii. Indirect costs in excess of 12% of the awarded Grant.

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iii. Climate resilience and adaptation must be integrated into the Project, Transformative Elements, and Vision. Climate adaptation and resilience planning activities must be paid for with leverage funding only. Implementation measures and design features integrated into the Project are fundable as direct project costs. iv. Projects that fund additional parking infrastructure or other infrastructure projects that induce demand for additional parking
v. Additional ineligible costs
a) Exceeding cost caps for pre-development, basic infrastructure, indirect costs, and the transformative plans
b) The following costs associated with community engagement and outreach: Direct cash benefits or subsidies to participants; Alcoholic refreshments; Participant incentives, such as door prizes, which are unrelated to specific community work products; General Meetings that do not specifically discuss or advance implementation of the TCC Project vi. Lobbying
vii. Advocacy work, such as direct lobbying for the passage of bills or local propositions
viii. Commission fees
ix. Ongoing operational costs beyond the grant term
x. Using funds for any cost that has been or will be paid through another funding source, or to finance any activities designed to supplant rather than supplement existing local agency activities or activities with pre-existing designated funding.

This cost supplantation prohibition does not apply to interim financing for housing loans.
xi. Using funds for mitigation activities that are already mandated by local, regional, state, or federal governing bodies or agencies
xii. Ceremonial expenses (including food and beverages) xiii. Expenses for publicity not related to the Project implementation xiv. Bonus payments of any kind
xv. Damage judgments arising from the acquisition, construction, or equipping of a facility, whether determined by judicial process, arbitration, negotiation, or otherwise
xvi. Services, materials, or equipment obtained under any other State program

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xvii. Real estate brokerage fees and/or expenses
xviii. Stewardship of legal defense funds
xix. Costs associated with automobile or motorcycle parking (excluding electric vehicle charging infrastructure that may be located at a parking spot). xx. Reimbursement for any interest accumulated in order to finance the project D. All costs must be reasonable, as defined below:
i. A cost is reasonable if, in its nature and amount, it does not exceed that which would be incurred by a prudent person under the circumstances prevailing at the time the decision was made to incur the cost. In determining reasonableness of a given cost, consideration must be given to:
a) Whether the cost is of a type generally recognized as ordinary and necessary for the operation of the entity or the proper and efficient performance of this Agreement.
b) The restraints or requirements imposed by such factors as: sound business practices; arm’s-length bargaining; federal, state, local, tribal, and other laws and regulations; and terms and conditions of this Agreement. c) Market prices for comparable goods or services for the geographic area. d) Whether the individuals concerned acted with prudence in the circumstances considering their responsibilities to its employees, the public at large, and the state.
e) Whether the cost significantly deviates from the acquiring entity’s established practices and policies regarding the incurrence of costs. ii. SGC has the ultimate discretion to determine if a cost is reasonable. Any costs that do not meet the requirements above may not be reimbursed by the SGC. If necessary, City will coordinate with Partner to file a Dispute to contest SGC’s determination.

E. Retention. City will withhold payment of the final five percent (5%) of the Project until City determines that all Project requirements have been fulfilled per this Agreement.

14. MONTHLY INVOICING. During the Project Completion Period, Partner will submit monthly invoices by the 5
th of the month for the previous month, as directed by the City.

A. Invoice Package - An invoice, supporting documentation, and the appropriate reporting materials are collectively referred to as the “invoice package.”

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i. Invoice – Partner must use the invoice templates provided in this Agreement (Exhibit A10)
a) Expenses should be broken out at the task level.
b) Expenses under each task should be broken out by cost type. c) Indicator Tracking costs, travel, mileage, and equipment should be clearly identified.
ii. Supporting documentation – Partner must submit supporting documentation for all itemized costs. Documentation may include, but is not limited to: copies of purchase orders, receipts, subcontractor invoices, and timesheets. These items must contain sufficient information to establish that the specific service was rendered or purchase was made. Original supporting documentation is not required and should be retained by Partner.
a) Supporting documentation should be clearly labeled by task. b) Supporting documentation does not need to be provided for administrative costs. However, Partner must maintain records of administrative costs to be made available upon request from the City or SGC.
c) Records documenting time spent performing the work must identify the individual, the date on which the work was performed, the specific grantrelated activities or objectives to which the individual’s time was devoted, the hourly rate, and the amount of time spent.
iii. Evidence of deliverables completed – Partner must submit evidence of work completed to justify the reimbursement request in the invoice. Documentation may be the final deliverables as listed in Exhibit A3 or interim deliverables that demonstrate the work completed.
iv. Report(s) – Partner must submit the appropriate reporting materials described in Reporting Requirements, Section 12.

B. Partner must submit the invoice package to the City by email. The invoice must be signed by the Authorized Signatory or Designee. By submitting the invoice package to the City, Partner certifies that all costs are eligible for reimbursement, that all work has been completed in accordance with the Grant requirements and that the invoice total reflects actual costs incurred.
i. SGC has the discretion to determine the sufficiency of work completed and completeness of an invoice package.
ii. If SGC determines an invoice package is complete and sufficient, SGC will notify City and approve the invoice. City will issue one check to Partner after the invoice

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is approved by SGC. Partner is responsible for dispersing payment to any Subcontractors.

C. Invoice packages that do not meet the requirements or terms of this Agreement, are incomplete, or have inaccuracies, will be returned to Partner for resubmittal within fifteen (15) working days with an explanation of why it was not approved. i. SGC may authorize partial payment of an invoice package and require Partner to resubmit the remaining portions in order to fix any inaccuracies or incomplete information.
ii. Partner must resubmit the amended invoice package (either partial or full) in the same manner as the original invoice within five (5) working days after receiving the notification while addressing the identified concerns.

D. If it is determined that Partner submitted false or materially inaccurate invoices, supporting document or components of the Application, any and all available remedies, including requesting reimbursement of already disbursed payments or termination of the Agreement may be imposed.

E. Partner’s final invoice for the Project, when applicable, should include a request for reimbursement of the retention withheld throughout the Project Completion Period.

15. LEVERAGE FUNDING.

A. Partner will report on the leverage funding expended in the Bimonthly Progress Report and Annual Leverage Funding Reporting form. Partner must retain supporting documentation of leverage funding that will be made available to the City or SGC upon request. Partner shall ensure adequate books and accounts are maintained documenting leverage funding in accordance with generally accepted accounting principles, consistently applied.

B. Leverage funding must be spent within the Project Area and for the purposes of the Project.

C. Partner must only report eligible leverage funding expenditures. Expenditure of leverage funding will only count if it meets the requirements in the TCC Guidelines. If leverage funding sources change during the grant term, Partner will notify the City at the subsequent bimonthly reporting due date.
i. Changes in leverage funding sources that impact the Budget and Schedule of Deliverables may require an amendment to the Agreement. ii. Changes in leverage funding sources that impact the 50% eligibility requirement in the TCC Guidelines and Application may require a remedy to be determined between City, Partner, and SGC.

16. STAND-ALONE LEVERAGE PROJECTS

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A. Stand-alone projects must be completed by the end of the Performance Period and within the Project Area.

17. WORK OUTSIDE THE PROJECT AREA. No work outside the Project Area will be reimbursable through this Agreement except as allowed under this section. SGC and the City disclaim any representations, express or implied, that any work outside the Project Area that was not approved as part of the Application is or will be funded by the TCC Program. Partner waives any claims against the City or SGC related to such work. In the event that there is a reason that there is a need for work to occur outside the Project Area, Partner must submit a request which will be considered on a case-by-basis by City and may be approved or rejected. The request must be submitted in writing and must justify why work outside the Project Area is necessary and how it will result in direct benefit to residents of the Project Area.

18. REPAYMENT OF FUNDS. If Grant funds are not expended, or have not been expended in accordance with the Grant requirements or this Agreement; or if real or personal property acquired with grant funds is not being used, or has not been used for purposes in accordance with the Grant requirements or this Agreement; City has the authority to take appropriate action, at law or in equity, including but not limited to:

A. Requiring Partner to forfeit any unexpended portion of the grant funds, including but not limited to any retention withheld from invoices;
B. Requiring Partner to repay any funds improperly expended.

19. AVAILABILITY OF FUNDS. Sufficient funds for this Agreement have been made available by State FY 2022-2023 budget appropriation from the General Fund. However, this Agreement is subject to any restriction, limitation, or condition enacted by the Legislature, which may affect the provisions, terms, or funding of this contract in any manner.

20. REVENUE. All revenue generated as a part of the Project or Transformative Plan must be used to further the Project to the extent reasonably possible. Partner must keep records of revenue expenditures for audit purposes.

21. MONITORING AND OVERSIGHT. Partner agrees that the City or SGC or its designated representative shall have the right to visit any project site pertaining to any Project described in this Agreement. Project sites may include any public or participating private properties.

A. Once the Agreement is executed, the City may request a regularly occurring monthly phone call or in-person meeting with Partner’s Grant Manager to discuss the Project.

Partner must work with the City to accommodate monitoring requests.

B. The City or SGC retains the right to conduct a minimum of two (2) site visits a year during the grant term.

C. At the City or SGC’s discretion, site visits may occur more frequently.

D. Partner agrees that the City and/or SGC or either of their designated representatives has the right to conduct a final inspection of completed Project, as determined by SGC. For

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construction projects, this may require certification by the appropriate registered professional (such as California Registered Civil Engineer or Geologist) that the Project has been completed in accordance with final plans and specifications and any modifications. Partner must notify the City of the inspection date at least ten (10) working days prior to the inspection in order to provide SGC or City the opportunity to participate.

22. RECORDKEEPING. Partner must establish an official file for the Project funded by this Agreement. The file must contain adequate documentation of all actions taken with respect to the Project, including copies of this Agreement, amendments and modifications, letters and email correspondences, financial records (including agreements and any associated documents with Subcontractors), required reports, and readiness and compliance documentation. The City and SGC reserve the right to audit all Partner and Subcontractor records for this Project, as stated below.

A. Partner must establish a separate ledger account for receipts and expenditures of Grant funds and maintain expenditure details in accordance with the attached Budget and Schedule of Deliverables. Separate bank accounts are not required. Partner must maintain financial records of expenditures incurred during the Project in accordance with generally accepted accounting principles, including leverage funding that may be required.

B. When applicable, Partner must maintain documentation of its normal procurement policy and competitive bid process (including the use of sole source purchasing).

C. Subcontractors paid with moneys under the terms of this Agreement must maintain all records as specified. Partner maintains responsibility for ensuring that Subcontractors comply with the requirements above.

23. RECORDS. Partner 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 Agreement will be in the public domain to the extent to which release of such materials is required under the California Public Records Act (Cal. Gov’t Code § 7920 et seq.). Partner may disclose, disseminate and use in whole or in part, any final form data and information received, collected and developed under this Agreement, subject to appropriate acknowledgement of credit to the SGC for financial support as described in Section 54, Publicity.

Partner must not utilize the materials for any profit-making venture or sell or grant rights to a third party who intends to do so. The City and SGC have the right to use any data described in this paragraph for any public purpose.

24. AUDIT AND RECORD RETENTION. Partner must ensure adequate protection for all records, physical and electronic, from loss, damage, or destruction for possible audit(s). Partner agrees that the City, SGC or designated representative will have the right during normal business hours to review and to copy any records and supporting documentation pertaining to the performance of this Agreement and interview any employees who might reasonably have information related to such records.

A. Partner and Subcontractors must maintain copies of project records four (4) years after the Performance Period, unless a longer period of records retention is stipulated.

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B. The City and SGC retain the right to conduct an audit each year during the grant term and up to four (4) years after the Performance Period. Audits may include, but are not limited to, inspections of project records; ownership and usage records of equipment, vehicles, and infrastructure; and maintenance records of equipment, vehicles, and infrastructure.

C. If required by the SGC, the City may require recovery of payment from Partner to, issue a Stop Work Order or terminate the Agreement, as warranted, based on an audit finding, or any other remedies available in law or equity.

25. COMPLIANCE. Partner must fully comply with all applicable federal, state and local laws, ordinances, regulations, plans, and design standards. Partner must secure any new permits or licenses required by authorities having jurisdiction over the Project Area, and maintain all presently required permits. Partner shall coordinate with the City to ensure that any applicable requirements of the California Environmental Quality Act are met in order to carry out the terms of this Agreement. Partner must promptly provide evidence of such compliance if requested by the City or the SGC.

Additionally, Partner certifies that it currently is not and will not become:

A. In violation of any order or resolution subject to review promulgated by CARB or an air pollution control district;
B. Subject to a cease and desist order subject to review issued pursuant to Section 13301 of the California Water Code for violation of waste discharge requirements or discharge prohibitions; or
C. Determined to be in violation of provisions of federal law relating to air or water pollution.

Partner must ensure Subcontractors comply with all terms in this Section with respect to the Project.

26. INSURANCE.

A. Partner must ensure the insurance policies set forth in Exhibit A11 are obtained and kept in force through the Project Completion Period for each project, with no lapses in coverage, that cover any acts or omissions of City, Partner, Subcontractors or employees engaged in carrying out any tasks specified in this Agreement.

B. Throughout the life of this Agreement, the Partner shall pay for and maintain in full force and effect all insurance as required in Exhibit A11, which is incorporated into and part of this Agreement, with an insurance company(ies) either (i) admitted by the California Insurance Commissioner to do business in the State of California and rated no less than “A-VII” in Best’s Insurance Rating Guide, or (ii) as may be authorized in writing by the City’s Risk Manager or designee at any time and in his/her sole discretion. The required policies of insurance as stated in Exhibit A11 shall maintain limits of liability of not less than those amounts stated therein. However, the insurance limits available to State and

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City, and each of their officers, officials, employees, agents, and volunteers as additional insureds, shall be the greater of the minimum limits specified therein or the full limit of any insurance proceeds to the named insured.

C. If at any time during the life of the Agreement or any extension, Partner or any of its subcontractors/sub-consultants fail to maintain any required insurance in full force and effect, City may issue a Stop Work Order, until resolved, as described below, and all services and work under this Agreement shall be discontinued immediately, and all payments due or that become due to the Partner shall be withheld until notice is received by the City that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to the City. Any failure to maintain the required insurance shall be sufficient cause for the City to terminate this Agreement. No action taken by the City pursuant to this Section shall in any way relieve Partner of its responsibilities under this Agreement. The phrase “fail to maintain any required insurance” shall include, without limitation, notification received by the City that an insurer has commenced proceedings, or has had proceedings commenced against it, indicating that the insurer is insolvent.

D. The fact that insurance is obtained by Partner shall not be deemed to release or diminish the liability of Partner, including, without limitation, liability under the indemnity provisions of this Agreement. The duty to indemnify the State and City shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Partner. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of Partner, its principals, officers, agents, employees, persons under the supervision of Partner, vendors, suppliers, invitees, consultants, sub-consultants, subcontractors, or anyone employed directly or indirectly by any of them.

E. If Partner should subcontract all or any portion of the services to be performed under this Agreement, Partner shall require each subcontractor to provide insurance protection, as an additional insured, to the State and City and each of their officers, officials, employees, agents, and volunteers in accordance with the terms of this Section, except that any required certificates and applicable endorsements shall be on file with Partner and the City prior to the commencement of any services by the subcontractor. Partner and any subcontractor shall establish additional insured status for the State and City, and each of their officers, officials, employees, agents, and volunteers.

27. COMPUTER SOFTWARE. Partner must ensure that the appropriate systems and controls are in place so that funds under this Agreement will not be used for the acquisition, operation, or maintenance of computer software in violation of copyright laws.

28. PERSONALLY IDENTIFIABLE INFORMATION. Information or data, including but not limited to all records and supporting documentation that personally identifies an individual or individuals is confidential in accordance with California Civil Code Sections 1798, et seq. and other relevant state or federal statutes and regulations. Partner must ensure that all such

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information or data that comes into possession under this Agreement is appropriately safeguarded in perpetuity, and must not release or publish any such information, data, or records.

29. OWNERSHIP.

A. Deliverables. Partner hereby grants to the City and the SGC a royalty-free, nonexclusive, transferable, world-wide license to reproduce, translate, and distribute copies of any and all materials it produces pursuant to this Agreement, for nonprofit, noncommercial purposes, and to have or permit others to do so on the City or SGC’s behalf.

B. Equipment:
i. Purchase of equipment using Grant funds is allowable only with prior approval by City.
ii. Cost of equipment purchased shall be substantiated by purchase receipt. iii. For any equipment purchased or built with funds that are reimbursable as a direct cost of the Project, as determined by City, Partner must be the sole owner on title. iv. If the funds are used to purchase equipment that costs $5,000 or more, each such piece of equipment is “grant-funded equipment.”
v. Each grant-funded equipment must be dedicated to the described use in the same proportion and scope as was in this Agreement, unless City agrees otherwise in writing, during the useful life of the equipment.
vi. If the owner of the grant-funded equipment determines that it no longer has need for the Project before the end of the equipment’s useful life, the owner shall donate the grant-funded equipment to a public entity or nonprofit organization that will use the grant-funded equipment for purposes that are similar to the purpose intended in this Agreement or to a public entity or nonprofit that serves the Project Area.
vii. For the duration of the useful life of each grant-funded equipment, Partner shall maintain a record identifying each grant-funded equipment, the expected useful life of each item, and the ultimate disposition (disposal or donation). The requirements of this Section will survive termination of this agreement. viii. The cost to lease equipment to use in the Project Area may be charged to the Grant. Cost of leased equipment charged to the Grant must be substantiated with receipts identifying equipment was leased, lease rate and total cost. ix. Use of equipment owned by Partner may be charged to the Grant at a rate set by the California Department of Transportation Labor Surcharge and Equipment Rental Rate Guide. Use of Partner equipment must be substantiated with an equipment usage log that identifies the equipment used, rate, and total rental cost.

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A cost-benefit analysis to justify the cost of purchasing equipment versus leasing must be provided.
x. Partner will assume all risk including cost for maintenance, repair, loss, destruction, and damage to all equipment until disposition of equipment. City may, at its discretion, repair any damage or replace any lost or stolen items and deduct the cost thereof from Partner’s invoice to the City, or require Partner to repair or replace any damaged, lost, or stolen equipment to the satisfaction of City with no expense to City.
xi. In the event of theft, a report must be filed immediately with the California Highway Patrol (State Administrative Manual § 8643 [Lost, Stolen, or Destroyed Property]).
xii. Partner must maintain an inventory record for Grant-funded equipment purchased or built with funds provided under this Agreement. In addition, items of Grantfunded equipment or supplies that are prone to theft, loss, and misuse and may contain sensitive data (e.g., computers, printers, smartphones, tablets, cameras, GPS devices, etc.) costing less than $5,000 must be inventoried. Details on the inventory record are to be provided in the Implementation Grant Administration Guide.
xiii. The Equipment Inventory Record must be updated annually and upon request.

See Section 12, Reporting Requirements, for more information.

C. Vehicles:
i. Partner must be the sole owner of all vehicles acquired as part of the Project, including but not limited to, bicycles, cars, buses, vans, rail passenger equipment.

During the Project Completion Period, vehicles must be dedicated to the described use in the same proportion and scope as is described in this Agreement, unless SGC agrees otherwise in writing.
ii. Vehicles acquired for the purposes of public transit must be maintained in a state of good repair and dedicated to that public transportation use for their full useful life, which, for the purpose of this Agreement, will be determined in accordance with standard State of California and national transit practices and applicable rules and guidelines, including any extensions of that life cycle achievable by reconstruction, rehabilitation or enhancements. If the ownership or use of vehicles change to a use not in accordance with the Agreement, Partner may be required to reimburse the City for the fair market value. iii. Vehicles acquired for general Project work (i.e., work trucks) must be maintained in a state of good repair for their full useful life, which, for the purpose of this Agreement, will be determined in accordance with standard State practices. If the ownership or use of the vehicles change to a use not in accordance with this Agreement, Partner may be required to reimburse the City for their fair market value.

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D. Infrastructure:
i. Partner must ensure all necessary rights of way, property ownership, or leases have been secured prior to construction. Purchases of all real property required for the Project must be free and clear of liens, conflicting easements, obstructions, and encumbrances. Any property acquisition by Partner must not involve eminent domain proceedings or threat of eminent domain proceedings. Partner must record deed restrictions on Project property, as applicable. ii. For any rights of way, real and personal property, leases, improvements, and infrastructure funded as a reimbursable direct cost of the Project, the Partner must be the sole owner of the title or leasehold. The foregoing sentence notwithstanding, dispersed improvements such as those made under the Solar Installation, Energy Efficiency and Appliance Electrification Strategy may be made on private real property. Each site acquired or improved upon with funding provided under this Agreement must remain permanently dedicated to the described use in the same proportion and scope as was in the Grant Agreement, unless SGC agrees otherwise in writing. If the ownership or use of the property changes to a use not in accordance with this Agreement, Partner may be required to reimburse the City.
iii. Partner is obligated to continue operation and maintenance of the physical aspects of the Project for its full useful life, which, for the purpose of this Agreement, includes any extensions of that life achievable by reconstruction, rehabilitation or enhancements, in accordance with the described use in the same proportion and scope as in this Agreement, unless City agrees otherwise in writing. Partner may be excused from its obligations for operation and maintenance of the Project site only upon written approval from City. The Project and its facilities must be maintained, supervised, and inspected by adequate and well-trained staff and/or professionals and technicians as the project reasonably requires.

E. Debt Security:

Partner will not use or allow the use of any portion of real property purchased solely with Grant funds as security for any debt. This debt financing prohibition is not applicable to the Affordable Housing Development Capital Projects under the Equitable Housing and Neighborhood Development Strategy.

30. NON-PERFORMANCE. City has sole discretion to determine if Partner is performing in accordance with this Agreement. Non-performance issues can include, but are not limited to:
misuse of funding for ineligible expenses, inability to meet performance requirements or schedule milestones, failure to complete or failure to make a good faith effort to complete the Project as a whole or any Project Components, including ensuring Stand-alone Leverage Projects adhere to the TCC Partnership Agreement, and/or failure to comply with the terms of this Agreement.

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A. The City will notify Partner in writing if non-performance is determined, and will provide instructions and a timeline to rectify all cases of non-performance.

B. Partner must respond to a determination of non-performance within 15 calendar days by either a) acting on corrective actions, or b) disputing the findings in writing.

C. City, without waiver of other rights or remedies, may require Partner to re-perform any actions not in accordance with this Agreement. City may withhold any payments due to Partner until the Project is brought back into full compliance. Costs and expenses for these actions will be borne by Partner.

D. If Partner fails to correct any non-performance to City’s satisfaction, City may elect to terminate this Agreement or any part thereof. Partner may be liable for immediate repayment to City of all amounts disbursed by City for the Project or Transformative Plan, as applicable, and only if nonperforming. City may, at its sole discretion, examine the extent of Partner compliance for work partially completed and determine costs eligible for reimbursement. This paragraph will not be deemed to limit any other remedies available to City.

E. Upon termination by City, Partner must deliver all invoices, reports, and other deliverables required by this Agreement up to the time of termination. Partner must deliver all materials within 30 calendar days of the termination date.

31. DISPUTES. SGC has sole discretion to determine if an invoice, report, deliverable, or other supporting documentation is sufficient and complete, per the Agreement, TCC or AHSC Guidelines, and/or any other statutory requirement. All dispute, resolution, and appeal statements must be signed by the appropriate Authorized Signatory or Designee. City, Partner and relevant parties must attempt to negotiate a resolution before submitting a dispute.

A. City or SGC will notify Partner in writing if any materials are determined to be insufficient or incomplete within five (5) working days of receiving the materials. i. Partner must respond in writing within five (5) working days with either a) materials requested by the City or SGC, or b) a written statement disputing the City or SGC’s findings. The dispute statement must contain a concise description of the dispute, along with any supporting documentation. ii. SGC will present a dispute resolution after receiving the dispute statement.

B. Partner has fifteen (15) working days to appeal a dispute resolution. The appeal statement must contain a concise description of the appeal, along with any supporting documentation.
i. Partner and relevant parties must attempt to negotiate a resolution to the appealed dispute. SGC will respond to the appeal statement after receiving dispute resolution appeal statement.

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C. If Partner wants to further appeal a dispute resolution after undergoing both the dispute and appeal process, City will coordinate with Partner to submit a further appeal statement to the Government Claims Program at the Department of General Services, the final administrative forum for resolution of the dispute.

D. During a dispute, Partner and any subcontractors must observe any Stop Work Orders put into effect until the dispute is resolved.

32. STOP WORK ORDER. City has the right to issue a Stop Work Order for the Project or Transformative Plan, as applicable, and suspend payments. City reserves the right to issue a Stop Work Order if there is a breach in the leverage funding commitments that put the Project at risk of not being completed.

A. Immediately upon receiving a Stop Work Order written notice, Partner must cease all work under the Project. The Stop Work Order will be in effect until resolution is reached or until the Project is terminated.
i. City may require remedial steps from Partner.
ii. Project may be terminated by means of an amendment.

B. Any costs incurred after the issuance of a Stop Work Order will not be reimbursed. Costs and expenses for these actions will be borne by Partner. Work may resume only upon written notification from the City that the Stop Work Order has ended or until the Project is terminated.

If Partner issues a Stop Work Order to any Subcontractors, Partner must notify the City within ten (10) working days of issuing the order.

33. HEALTH IMPACTS. If the SGC has a reasonable concern about the public health impact of a Project Component, the SGC may require Partner to further study and mitigate the impact as directed by the SGC. Notwithstanding Section 13 of this Agreement, Payment Provisions, Partner may request any required study and mitigation to be considered an eligible cost for reimbursement based on the fiscal inability of the entity required to perform the directed work.

34. TERMINATION FOR CONVENIENCE. Both City and Partner have the right to terminate this Agreement prior to the end of the Grant term upon thirty (30) calendar days of written notice.

The written notice must specify the reason for early termination and may permit City or Partner to rectify any deficiency(ies) prior to the termination date.

A. Conditions of early termination:
i. Upon any termination, Partner must deliver all invoices, reports, and other deliverables required by this Agreement up to the time of termination. Partner must deliver all materials within sixty (60) calendar days of the termination date. ii. Upon receipt of notice from City of Termination for Convenience, Partner shall immediately take action to ensure neither it nor any Subcontractor incur any

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additional obligations, costs or expenses, except as may be reasonably necessary to terminate its activities.
iii. City will examine the extent of Partner compliance for work partially completed and reasonably determine costs eligible for reimbursement based on final invoices submitted and compliance with this Agreement.

35. The rights and remedies of City and Partner provided in this Section shall not be exclusive and are in addition to any other rights and remedies provided by law or under this Agreement.

36. GOVERNING LAW AND VENUE. Except to the extent preempted by applicable federal law, the laws of the State of California shall govern all aspects of this Agreement, including execution, interpretation, performance, and enforcement. Venue for filing any action to enforce or interpret this Agreement will be Riverside County, California.

37. INDEPENDENT CONTRACTOR. In furnishing the services provided for herein, Partner is acting solely as an independent contractor. Neither Partner, nor any of its officers, agents, or employees shall be deemed an officer, agent, employee, joint venturer, partner or associate of City for any purpose. City shall have no right to control or supervise or direct the manner or method by which Partner shall perform its work and functions. However, City shall retain the right to administer this Agreement so as to verify that Partner is performing its obligations in accordance with the terms and conditions thereof.

This Agreement does not evidence a partnership or joint venture between Partner and City.

Partner shall have no authority to bind City absent City’s express written consent. Except to the extent otherwise provided in this Agreement, Partner shall bear its own costs and expenses in pursuit thereof.

Because of its status as an independent contractor, Partner and its officers, agents and employees shall have absolutely no right to employment rights and benefits available to City’s employees.

Partner shall be solely liable and responsible for all payroll and tax withholding and for providing to, or on behalf of, its employees all employee benefits including, without limitation, health, welfare and retirement benefits. in addition, together with its other obligations under this agreement, Partner shall be solely responsible, indemnify, defend and save City harmless from all matters relating to employment and tax withholding for and payment of Partner’s employees, including, without limitation, (i) compliance with Social Security and unemployment insurance withholding, payment of workers compensation benefits, and all other laws and regulations governing matters of employee withholding, taxes and payment; and (ii) any claim of right or interest in City employment benefits, entitlements, programs and/or funds offered employees of City whether arising by reason of any common law, de facto, leased, or co- employee rights or other theory. It is acknowledged that during the term of this Agreement, Partner may be providing services to others unrelated to City or to this Agreement.

38. INDEMNIFICATION. To the furthest extent allowed by law [“including California Civil Code section 2782.8” is added in professional engineering service contracts], Partner shall indemnify, hold harmless and defend City and its officers, officials, employees, agents, and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract,

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tort or strict liability, including but not limited to personal injury, death at any time and property damage), and from any and all claims, demands and actions in law or equity (including reasonable attorney’s fees and litigation expenses) that arise out of, pertain to, or relate to the negligence, recklessness or willful misconduct of Partner, its principals, officers, employees, agents or volunteers in the performance of this Agreement.

If Partner should subcontract all or any portion of the services to be performed under this Agreement, Partner shall require each subcontractor to indemnify, hold harmless and defend City and each of its officers, officials, employees, agents, servants and volunteers in accordance with the terms of the preceding paragraph.

This Section shall survive termination or expiration of this Agreement.

39. WAIVER. Partner waives any and all rights to any type of express or implied indemnity or right of contribution from the City, officers, agents or employees, for any liability arising from, growing out of, or in any way connected with this Agreement. Partner waives all claims and recourses against the City, including the right to contribution for loss or damage to persons or property arising from, growing out of or in any way connected with or incident to this Agreement, except claims arising from the gross negligence and intentional misconduct of the City, its officers, agents, and employees.

Neither failure nor delay on the part of the City in exercising any right under this Agreement shall operate as a waiver of such right, nor shall any single or partial exercise of any such right preclude any further exercise thereof or the exercise of any other right. No waiver of any provision of this Agreement or consent to any departure by the Partner therefrom shall be effective unless the same shall be in writing, signed on behalf of the City by a duly authorized officer thereof, and the same shall be effective only in the specific instance for which it is given.

No notice to or demand on the Partner in any case shall entitle the Partner to any other or further notices or demands in similar or other circumstances, or constitute a waiver of any of the City’s right to take other or further action in any circumstances without notice or demand.

40. NO THIRD PARTY BENEFICIARY. The rights, interests, duties, and obligations defined within this Agreement are intended for the specific parties hereto as identified in the preamble of this Agreement. Notwithstanding anything stated to the contrary in this Agreement, it is not intended that any rights or interests in this Agreement benefit or flow to the interest of any third parties other than expressly identified herein. No subcontractor, mechanic, materialman, laborer, vendor, or other person hired or retained by Partner shall have any rights hereunder and shall look to Partner as their sole source of recovery if not paid. No third party may enter any claim or bring any such action against City under any circumstances. Except as provided by law, or as otherwise agreed to in writing between City and such person, each such person shall be deemed to have waived in writing all right to seek redress from City under any circumstances whatsoever.

Partner shall include this paragraph in all contracts and subcontracts.

41. FORCE MAJEURE. Neither the City, nor Partner will be responsible hereunder for any delay, default, or nonperformance of this Agreement, to the extent that such delay, default, or nonperformance is caused by an act of God, weather, accident, enemy or hostile governmental action, civil commotion, strikes, lockouts, labor disputes, fire or other casualty, or other

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contingencies unforeseen by the SGC, City, Partner, Subcontractors, or vendors, and beyond the reasonable control of such party.

42. EXPATRIATE CORPORATIONS. Partner hereby declares that it is not an expatriate corporation or subsidiary of an expatriate corporation within the meaning of Public Contract Code Section 10286 and 10286.1, and is eligible to contract with the State of California.

43. CORPORATION QUALIFIED TO DO BUSINESS IN CALIFORNIA. If Partner is a corporation, the corporation must be in good standing and currently qualified to do business in the state. “Doing business” is defined in Revenue and Taxation Code Section 23101 as actively engaging in any transaction for the purpose of financial or pecuniary gain or profit.

44. Certificate of Compliance with Russia Sanctions
Per Executive Order N-6-22, if Partner’s Grant is valued at $5 million or more with agencies or departments subject to the California Governor’s authority, it is directed to report its compliance with economic sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as sanctions imposed under state law, if any. If Partner is subject to the certification requirement, it should carefully review the Executive Order and the economic sanctions imposed in response to Russia’s actions in Ukraine, including, but not limited to, the federal executive orders identified in Executive Order N-6-22, sanctions identified by the U.S.

Department of the Treasury, and sanctions imposed under state law, if any. A certification of compliance, included as Attachment D-10 to the Grant Agreement, must be returned to City prior to any disbursement of grant funds.

Additionally, should City at any time determine Partner 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. City shall provide Partner advance written notice of such termination, allowing Partner at least 30 calendar days to provide a written response.

Termination shall be at the sole discretion of the City.

45. SELF-DEALING AND ARM’S LENGTH TRANSACTIONS. All expenditures for which reimbursement pursuant to this Agreement is sought must be the result of arm’s-length transactions and not the result of, or motivated by, self-dealing on the part of Partner or any employee or agent of Partner.

46. RELOCATION. If the Project is subject to State Relocation Law and a relocation plan is required by State Relocation Law (Gov. Code, § 7260 et seq.) and Section 6038 of the Relocation Assistance and Real Property Guidelines (25 Cal. Code of Regulations, div. 1, ch. 6, § 6000 et seq.) for the Project Area, Partner must provide a copy of the relocation plan.

47. AMERICANS WITH DISABILITIES ACT. Partner certifies that itself, and its Subcontractors comply with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines pursuant to the ADA (42 U.S.C. 12101 et seq.).

48. NON-DISCRIMINATION CLAUSE.

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During the performance of this Agreement, Partner and Partner’s subcontractor(s) will not unlawfully discriminate, harass, or allow harassment against any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor will they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status.

Partner and Partner’s subcontractor(s) must ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment.

Partner and Partner’s subcontractor(s) must comply with the provisions of the Fair Employment and Housing Act (Gov. Code, § 12990 et seq.) and the applicable regulations promulgated there under (Cal. Code Regs., title 2, § 11005 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a)-(f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by reference and made a part hereof as if set forth in full.

Partner and Partner’s subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other grant agreement.

Partner must include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform services under this Grant Agreement.

49. DRUG-FREE WORKPLACE CERTIFICATION. Partner certifies that it will provide a drugfree workplace to employees of Partner and Subcontractors by taking the following actions:

A. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited in the organization’s workplace and specifying the actions that will be taken against employees for violations of the prohibition.

B. Establish a drug-free awareness program to inform employees about:
i. the dangers of drug abuse in the workplace;
ii. the organization’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 for drug abuse violations.

C. Every employee who works on the Project that is subject to this Agreement must:
i. receive a copy of the company’s drug-free workplace policy statement; and,

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ii. agree to abide by the terms of the company’s statement as a condition of employment on the Project.

50. CHILD SUPPORT COMPLIANCE ACT. Partner recognizes the importance of child and family support obligations and must 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 Partner, 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.

51. ENVIRONMENTAL JUSTICE. In the performance of this Agreement, Partner must conduct its programs, policies, and activities that substantially affect human health or the environment in a manner that ensures the fair treatment of people of all races, cultures, and income levels, including minority populations and low-income populations of California, consistent with Government Code section 65040.12, subdivision (e).

52. UNION ORGANIZING. By signing this Agreement, Partner hereby acknowledges the applicability of Government Code Sections 16645, 16645.2, 16645.8, 16646, 16647, and 16648 to this Agreement and hereby certifies that:

A. No grant funds disbursed by this Agreement will be used to assist, promote, or deter union organizing by employees performing work under this Agreement.

B. If Partner makes expenditures to assist, promote, or deter union organizing, Partner must maintain records sufficient to show that no state funds were used for those expenditures, and that Partner must provide those records to the Attorney General upon request.

53. PREVAILING WAGE AND LABOR COMPLIANCE. Partner certifies that it will comply with all prevailing wage requirements under California law, pursuant to Section 1720 et seq. of the California Labor Code. The California Labor Code requires payment of locally prevailing wages to workers and laborers on state government contracts in excess of $1,000 for public works projects. A “public work” is the construction, alteration, demolition, installation, repair or maintenance work done under contract and paid for in whole or in part out of public funds. The definition applies to private contracts when certain conditions exist. Partner can identify additional stipulations and exceptions under Cal. Labor Code § 1720 et seq.

A. Partner must ensure the following on “public work” activities under this Agreement:
i. Prevailing wages are paid;
ii. The Project budget for labor reflects these prevailing wage requirements; and iii. The Project complies with all other requirements of prevailing wage law including but not limited to keeping accurate payroll records, and complying with all working hour requirements and apprenticeship obligations.

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B. Partner must ensure that its Subcontractors, if any, also comply with prevailing wage requirements. Partner must ensure that all agreements with its Subcontractors to perform work related to the Project contain the above terms regarding payment of prevailing wages on public works projects.

C. The Department of Industrial Relations (DIR) is the primary resource for consultation on the requirements of California prevailing wage law.
i. Partner can identify the rates for prevailing wage on the DIR website at http://www.dir.ca.gov. Partner may contact DIR for a list of covered trades and the applicable prevailing wage.
ii. If Partner is unsure whether the Project is a “public work” as defined in the California Labor Code, it may wish to seek a timely determination from the DIR or an appropriate court.
iii. If Partner has questions about this contractual requirement, recordkeeping, apprenticeship or other significant requirements of California prevailing wage law, it is recommended Partner consult DIR and/or a qualified labor attorney before accepting this Grant.

54. PUBLICITY. Partner should acknowledge SGC in publications, websites, signage, invitations, and other media and public outreach products related to the Grant. City will provide SGC logo files and SGC guidance on their usage to Partner. Partner agrees to follow the TCC Grantee Publicity Guidelines provided by SGC (Attachment D-8 to the Grant Agreement). If Partner is planning an event or announcement, needs sample materials, or needs assistance or advice regarding digital or print materials, press, social media, and/or general communications, Partner shall contact City.

A. Long-Form Materials
Long-form written materials are those that are more than 1,000 words in length, such as reports, should include the following standard language about SGC and TCC:

The Transformative Climate Communities (TCC) Program funds community-led development and infrastructure projects that achieve major environmental, health and economic benefits in California’s most disadvantaged communities. TCC empowers the communities most impacted by pollution to choose their own goals, strategies, and projects to enact transformational change – all with data-driven milestones and measurable outcomes. This program is administered by the California Strategic Growth Council (SGC) which coordinates the activities of State agencies and partners with stakeholders to promote sustainability, economic prosperity, and quality of life for all Californians. www.sgc.ca.gov.

B. Short-Form Materials
Press Releases, Flyers, Social Media Posts, and Visual Materials: Any informational materials that do not qualify as long-form (less than 1,000 words), but include at least a paragraph of text, should include following language:

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“[Project Name] is supported by California Strategic Growth Council’s Transformative Climate Communities program with funds from California’s General Fund.

Partner may at times produce promotional materials that are primarily visual in nature, such as banners, signage, certain flyers, and sharable images for social media. In such cases, when including the above boilerplate language acknowledging SGC support is not practical, Partner should instead include the official logo of SGC, preceded by the words “Funded by.” See TCC Grantee Publicity Guidelines, Attachment D-8 to the Grant Agreement, for approved tags.

55. RECYCLED CONTENTS PRODUCTS. Partner must certify in writing under penalty of perjury, the minimum, if not exact, percentage of post-consumer material as defined in the Public Contract Code Section 12200, in products, materials, goods, or supplies offered or sold to the State regardless of whether the product meets the requirements of Public Contract Code Section 12209. With respect to printer or duplication cartridges that comply with the requirements of Section 12156(e), the certification required by this subdivision must specify that the cartridges so comply (Pub. Contract Code § 12205).

56. SEVERABILITY. If any term, provision, covenant, or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of this Agreement shall not be affected thereby to the extent such remaining provisions are not rendered impractical to perform taking into consideration the purposes of this Agreement.

57. NOTICES. Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, or personal delivery or sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice.

Communication and details concerning this Agreement shall be directed to the following contract representatives:

GRANTEE PARTNER
City of Coachella Name
Attn: Attn: ________________
53990 Enterprise Way Title: __________________
Coachella, CA 92236 Address

58. ATTORNEY FEES. If either party is required to commence any proceeding or legal action to enforce or interpret any term, covenant or condition of this Agreement, the prevailing party will be entitled to recover from the other party its reasonable attorney’s fees and legal expenses.

59. BINDING ON ALL SUCCESSORS AND ASSIGNS. Unless otherwise expressly provided in this Agreement, all the terms and provisions of this Agreement shall be binding on and inure to the benefit of the parties hereto, and their respective nominees, heirs, successors, assigns, and legal representatives.

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60. COUNTERPARTS. This Agreement may be executed in counterparts, each of which when executed and delivered will be deemed an original, and all of which together will constitute one instrument. The execution of this Agreement by any party hereto will not become effective until counterparts hereof have been executed by all parties hereto.

61. CUMULATIVE REMEDIES. No remedy or election hereunder shall be deemed exclusive but shall, wherever possible, be cumulative with all other remedies at law or in equity. All powers and remedies given by this Agreement shall be cumulative and in addition to those otherwise provided by law.

62. ENTIRE AGREEMENT. This Agreement represents the entire and integrated agreement of the parties with respect to the subject matter hereof. This Agreement supersedes all prior negotiations, representations, or agreements, either written or oral. This Agreement may be modified or amended only by written instrument duly authorized and executed by the parties.

63. EXHIBITS. Each exhibit and attachment referenced in this Agreement is, by the reference, incorporated into and made a part of this Agreement.

64. EXPENSES INCURRED UPON EVENT OF DEFAULT. Partner shall reimburse City for all reasonable expenses and costs of collection and enforcement, including reasonable attorney’s fees, incurred by City as a result of one or more Events of Default by City under this Agreement.

65. HEADINGS. The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement.

66. NON-RELIANCE. Partner hereby acknowledges having obtained such independent legal or other advice as it has deemed necessary and declares that in no manner has it relied on City, it agents, employees or attorneys in entering into this Agreement.

67. SURVIVAL. The following Sections survive the termination or expiration of the Agreement: 5, 15, 19, 20, 21, 22, 23, 24, 26, 28, 35, 36, 37, 51, 53, 65. [SIGNATURE PAGE TO FOLLOW]

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IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written.

CITY OF COACHELLA, NAME of Partner
A California municipal corporation
By: By:

William B. Pattison
Acting City Manager Name:

APPROVED AS TO FORM: Title:
(If corporation or LLC, Board Chair
Pres. Or Vice Pres.)
By: By:

City Attorney Name:

Title:

ATTEST: If corporation or LLC., CFO,
ANGELA M. ZEPEDA Treasurer, Secretary or Assistant
City Clerk Secretary)
By:

City Clerk REVIEWED BY:

Addresses:

CITY: PARTNER:

City of Coachella Name
Attention: City Manager’s Office
Coachella City Hall Title
53990 Enterprise Way Address
Coachella, CA 92236
Phone: (760)398-3502

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EXHIBITS:

1. Exhibit A1: Grant Agreement

2. Exhibit A2: Project Area Map

3. Exhibit A3: Scope of Work, Budget and Schedule of Deliverables

4. Exhibit A4: Special Terms and Conditions

5. Exhibit A5: Authorized Signatory Form

6. Exhibit A6: Reporting Schedule

7. Exhibit A7: Partner Bimonthly Progress Report

8. Exhibit A8: Detailed Leverage Funding Report

9. Exhibit A9: Indicator Tracking Tables

10. Exhibit A10: Partner Bimonthly Invoice Detail

11. Exhibit A11: Insurance Requirements

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EXHIBIT A1

GRANT AGREEMENT

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EXHIBIT A2

PROJECT AREA MAP

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EXHIBIT A3

SCOPE OF WORK, BUDGET AND SCHEDULE OF DELIVERABLES

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EXHIBIT A4

SPECIAL TERMS AND CONDITIONS
PART 1 – Transformative Plans

1. Community Engagement
Partner is required by AB 2722 to ensure meaningful community engagement of the Project area residents and key stakeholders in all phases of implementation; Partner will conduct and oversee community engagement for the entirety of the Project; Partner will report on community engagement related activities; and, Partner will develop a process to collect and address complaints or concerns related to Project implementation.

2. Displacement Avoidance
Partner is required by AB 2722 to implement strategies to reduce economic displacement risk within the Project area;
Partner will pursue strategies during grant implementation that will prevent against the displacement of existing households in the Project area; Partner will pursue strategies during grant implementation that will prevent against the displacement of existing small businesses in the Project area; and Partner will report on key milestones related to the adoption and implementation of the displacement avoidance policies annually; and
Partner certifies that no relocation will take place beyond that which was included in submitted relocation plan.

3. Workforce Development
The TCC Program Guidelines requires goals for workforce training, employment, and local business expansion for the Project Area;
Partner will conduct or oversee workforce development activities for the entirety of the Project; and, Partner will report on workforce development related activities.

4. Indicator Tracking and Reporting Requirements
Partner is required by AB 2722 to track and monitor greenhouse gas (GHG) reductions, cobenefits, and outcome indicators; Partner may be required to re-estimate GHG emission reductions for each California Climate Investment (CCI) funded project using California Air Resources Board’s (CARB) Greenhouse

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Gas Quantification Methodology for the Strategic Growth Council Transformative Climate Communities Program for Fiscal Year 2016-17;
Partner will indicate how each CCI and non-CCI Project satisfies criteria for being located within and benefitting disadvantaged and low-income communities and/or low-income households using the criteria specified, per the project type, in the Benefit Criteria Tables available at www.arb.ca.gov/cci-resources;
Partner will track and report indicators on an annual basis, at the point when the projects become operational, and at project closeout. Outcome reporting will be required until the end of the performance period. Reporting templates and Co-Benefit indicators are posted on the CARB CCI Quantification, Benefits, and Reporting Materials webpage and CCI Co-benefit Assessment Methodology webpage, respectively; and,
Partner will be required to share information on project outcomes per CARB requirements including job benefits. Partner is required to report information on employment outcomes from awarded projects that provide jobs or job training. The requested data includes information on the quantity and quality of jobs, including wages and credentials provided through training programs. This information may be readily available for projects where funding recipients are already tracking employment data using standardized methods (e.g., certified payroll systems).

Partner is required to track each indicator specified in the Indicator Tracking Tables (Exhibit S10), organized by CCI Project and Transformative Plan type. The following terms apply to Partner’s tracking and reporting process.

Purpose: The information reported by Partner will be used by the Evaluator (Evaluation Technical Assistance) to help Partner complete reporting forms as required by the California Air Resources Board. The Evaluator may use the information to help assess TCC site progress and results, with highlights that could be shared broadly with TCC stakeholders and interested parties.

Data source: Partner must track the indicators listed in Exhibit S10 using their direct access to the data needed to measure these indicators. In the tables, specific types of project documentation are suggested for tracking each indicator.

Frequency: Partner must continuously track (as relevant) the indicators and report on them annually. Prior to project completion, Partner will report on progress, such as “X number of housing units are in the X stage of development.” Upon project completion, Partner will report a final number.

Collaboration: Partner must also help the Evaluator track additional indicators to complete their evaluations. These additional indicators will be determined during project implementation. For example, the Evaluator will design surveys with feedback from Partner; then Partner-¬through TCC project activities--may have the opportunity to distribute surveys to community members, and the Evaluator will analyze the survey results. The evaluators will work with

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Partners to stay within the budgeted time and resources for tracking indicators agreed upon signing the contract throughout the grant term and performance period.

Reporting protocols: The Evaluator will provide Partner with guidance on reporting protocols and will also provide reporting templates for Partner’s use.

Designated liaison: Partner will designate a point-of-contact (Exhibit S13) who can liaise with the Evaluator to fulfill the tracking and reporting requirements.

Site-specific and additional details: The Evaluator may provide Partner with a list of additional site-specific indicators to track if the projects or plans in these sites require indicators that deviate from or expand upon those detailed in Exhibit S10. The Evaluator will also provide a list of required inputs to any necessary estimator tools that will be used for the evaluation. If an indicator or input to a given tool is not relevant to Partner’s particular project, Partner should report “N/A” for the indicator or input.

Part 2 – Project-Specific Terms and Conditions
Partner certifies that it will adhere to the following requirements:

1. Low Carbon Transit Operations Program
Zero-Emission Vehicle Projects
Procured vehicles must support the system performance of the improved service lines as described in the Budget and Schedule of Deliverables throughout the Project Completion and Performance Periods.

Partner must provide the current and proposed service plan including routes, service frequency, and number of vehicles deployed on each route within 60 calendar days of Agreement execution.

The Partner must quantify the planned number of additional vehicle miles to be operated by zeroemission vehicle (ZEV) buses compared against the baseline service level.

Partner must provide the existing schedules and proposed changes to the affected service lines at least 90 calendar days before initiating service. The service plans should include weekday, weekend, and special event services and maintain service frequency levels consistent with the Work Plan. The schedules should document efforts to coordinate service with other transit services.

2. Active Transportation Program
If the Project is not on state-owned right-of-way, the project must be constructed in accordance with the Local Assistance Procedures Manual, Chapter 11.2 Design Guidance for Local Assistance Projects, New and Reconstruction Projects design standards for local agency streets and roads, incorporated here by this reference.

3. Low Carbon Transportation: Car Sharing and Mobility

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Vehicle and Equipment Specifications
Partner must purchase or lease eligible light-duty passenger vehicles or medium-duty passenger or shuttle vans that are zero emission or near-zero emission vehicles, which include plug-in hybrid electric vehicles (PHEV), battery electric vehicles (BEV), and fuel cell electric vehicles (FCEV). Changes to the fleet after grant execution may be made subject to prior written approval by SGC. Additional vehicle requirements:

A. May be purchased or leased (2-year minimum lease period).

B. May be new or used.

C. Must be a four passenger vehicle or more.

D. New vehicles must be eligible for the Clean Vehicle Rebate Project (CVRP) or the California Hybrid and Zero-Emission Truck and Bus Voucher Project (HVIP), but they cannot participate in those projects, i.e., they cannot receive rebates from CVRP2 or vouchers from HVIP3.

E. Used vehicles that have participated in CVRP or HVIP and have fully complied with CVRP and HVIP requirements are eligible.

F. Must be registered in California.

G. No modifications to the vehicle’s emissions control systems, hardware, software calibrations, or hybrid system (California Vehicle Code (CVC) Section 27156).

H. A chassis that has been modified with aftermarket parts or equipment to create a PHEV or zero-emission vehicle is not eligible.

I. Vehicle title cannot be salvaged (as defined in CVC Section 544).

Partner may purchase and install electric vehicle supply equipment (EVSE) to provide electricity for BEVs and PHEVs, as applicable. EVSE equipment may be:

A. Installed in commercial or residential locations.

B. May include ports for bicycle charging if the project design includes electric bicycles.

C. Level 2: rated up to 240 volts AC, up to 60 amps, and up to 14.4 kW.

D. Level 3: high voltage AC or DC with the capability to charge the vehicle to approximately 80 percent capacity within 30 minutes.

The Partner may purchase Class 1 or Class 2 electric bicycles and supporting equipment for the bicycle sharing complement to the car sharing system. Electric bicycles and equipment should comply with the following:

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A. Purchase and install electric bicycle charging equipment to provide electricity for electric bicycles, no more than one per bicycle, as applicable.

B. Purchase bicycle locking stations, no more than one per bicycle, as applicable.

C. May purchase bicycle helmets for use of electric bicycle.

Partner must establish secure and safe home base parking for project vehicles and optional electric bicycles within the Project Area.

Program Requirements
Partner must develop policy and process to evaluate potential vehicle drivers, bicycle riders, vanpool riders, and subsidy recipients, as follows:

A. Enroll all vehicle drivers, bicyclists, carpool/vanpool riders (non-driver participants), and subsidy recipients and ensure that they:
i. Complete an Initial Participant Survey upon enrollment. ii. Complete trip surveys and participate in research as requested by Partner. iii. Pay project fees to use the car sharing system, as determined by Partner.

B. Ensure enrolled vehicle drivers also meet the requirements below:
i. Possess a current driver’s license.
ii. Meet minimum requirements to drive a project vehicle as required by Partner and the insurance provider, to be developed in conjunction with SGC and City.

C. Ensure enrolled bicyclists satisfactorily complete a bicycle safety training program (as approved by SGC).

D. Participants become ineligible upon any of the following events:
i. Vehicle driver or bicycle rider participant becomes ineligible per terms of insurance.
ii. Vehicle driver’s license lapses or is revoked.
iii. Vehicle or bicycle rider is determined to be an unsafe or impaired driver by the Partner.
iv. Participant causes damage to a vehicle, bicycle, EVSE or other project property, at the discretion of Partner or SGC.
v. Non-payment of project fees to use the car sharing system, to participate in the project, or to receive subsidies, as required by the Partner.

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vi. Non-compliance with project requirements, at the discretion of SGC.

Partner must develop, administer, and maintain a user-friendly vehicle reservation system; at a minimum, provide telephone-based, person-to-person reservation fulfillment.

Partner must develop policies and procedures documents and flow charts that describe Partner’s administrative actions for evaluating and processing participants, reservations, vehicle maintenance, and data gathering and reporting.

Partner must establish and maintain records of participants, vehicles, EVSE, optional electric bicycles and chargers, fuel, maintenance, and other records, as follows:

A. Identify participant data that is confidential and develop measures to keep this data confidential.

B. Develop a systematic process and schedule to back-up participant, reservation database(s) on a daily basis at a minimum.

C. Develop and enforce security measures to safeguard Project database(s).

D. Store all records in a secured and safe storage facility that maintains confidentiality and provides fire and natural disaster protection.

4. Low Income Weatherization
Single-Family Residences
A. Single-family homes occupied by property owners are eligible for energy efficiency and Solar Photovoltaic (PV) installations. Single-family homes occupied by tenants are eligible for only energy efficiency installations.

B. Partner must have single-family property owners certify that they will not raise the rent of any property with energy efficiency and/or Solar PV installations for a period of two (2) years from the date of installation because of the increased value of the unit due solely to the installations provided (allowable factors for rent increase can include an actual increase in property taxes, actual cost of amortizing other improvements to the property accomplished after the date of work completed by the Partner and/or subcontractor, or actual increases in expenses of maintaining and operating this property). Additionally, the property owner must acknowledge and agree that the property is not for sale at the time of qualifying for the installations and will not be offered for sale or otherwise distributed or is not in foreclosure for at least sixty (60) calendar days following the completion of the installations.

C. Household income eligibility must be established at either 80 percent of the Area Median Income (AMI), or 80 percent of the State Median Income (SMI), whichever results in a higher allowable maximum income.

D. iv. The following types of buildings will not be eligible for installations:

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i. Buildings requiring significant environmental review, any mitigation, including mitigation of fire hazards or electrification and/or environmental decontamination triggering a deferral as defined in the Deferral Policy section; ii. New buildings or buildings rebuilt or remodeled or retrofitted to meet Title 24 standards (Part 6, of the California Code of Regulations) are not eligible for energy efficiency installations, but are eligible for Solar PV installations; iii. Buildings that are structurally unsound or condemned; iv. Buildings under a legal cloud or importuned by illegal activity; v. Buildings that have been modified under LIWP, the Low-Income Home Energy Assistance Program (LIHEAP) or Department of Energy (DOE) federal programs within the past four (4) years, do not qualify for energy efficiency measures, with the exception of assessment for and installation of Solar Water Heating, and may receive Solar PV, if qualified.

E. Buildings that have received only LIWP-funded Solar PV may qualify for energy efficiency measures.

F. Each building must be assessed for suitability before proposed energy efficiency and/or Solar PV installations occur.

G. Property owners are responsible for certifying participation in any additional energy efficiency upgrade programs that have resulted in modifications to the identified buildings within the project.

H. All work performed must be in compliance with current and applicable provisions of the California Energy Commission Building Energy Efficiency Standards, Alterations under Title 24, Part 6, of the California Code of Regulations, California Home Energy Rating System (HERS) Program regulations. Standards within the current Uniform Building Code and local city and county codes should be adhered to.

I. Work provided to all covered pre-1978 buildings must be in compliance with current Environmental Protection Agency rules in 40 CFR 745 (Code of Federal Regulations), Lead- Based Paint Poisoning Prevention in Certain Residential Structures and the Housing and Urban Development rules in 24 CFR 35, as applicable to energy efficiency installations.

Multi-Family Residences
A. Multi-family properties, deed restricted and/or subsidized properties must provide regulatory agreements with the applicable local agency showing compliance with the income eligibility requirements. For market rate properties, Partner must require the property owner or manager not to evict or commence any eviction proceeding against any tenant(s) of any qualifying unit in the building, except for cause and subject to all legal requirements and procedures for any such eviction and/or proceeding.

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B. Partner must ensure that the property owner or manager certify that the rents for the qualified low- income units will not be increased for a period of two (2) years because of the energy efficiency and/or Solar PV installations and/or major capital improvements.

Partner must also require the property owner or manager agree that any units which are designated as vacant as of the effective date of the installations, must be rented to or occupied by a household at an income level such that at least 66 percent of households residing at the property earn less than 80 percent AMI or 80 percent of SMI, whichever results in a higher allowable maximum income.

C. The following types of buildings will not be eligible:
i. Buildings requiring significant environmental review, any mitigation, including mitigation of fire hazards or electrification and/or environmental decontamination triggering a deferral as defined in the Deferral Policy section; ii. Buildings with significant energy efficiency upgrades installed within the previous five (5) years, unless energy savings goals can be attained at a reasonable cost through the implementation of additional measures; iii. New buildings or buildings rebuilt or remodeled or retrofitted to meet Title 24 standards (Part 6, of the California Code of Regulations) are not eligible for energy efficiency installations, but are eligible for Solar PV installations; iv. Buildings that are structurally unsound or condemned; v. Buildings likely to be sold as evidenced by position in the market and refinancing cycle;
vi. Buildings under a legal cloud or importuned by illegal activity; vii. Property under single ownership, including closely held affiliates that, in the aggregate, total more than 1,000 units receiving energy efficiency and/or Solar PV installations.
viii. Buildings that have previously received LIWP-funded energy efficiency measures within the past four (4) years do not qualify for additional energy efficiency measures, with the exception of assessment for and installation of the following:
a) Solar Water Heating
b) Solar PV
D. Each building must be assessed for suitability before proposed energy efficiency and/or Solar PV installations occur.

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E. Property owners are responsible for certifying participation in any additional energy efficiency upgrade programs that have resulted in modifications to the identified buildings within the project.

F. All work performed must be in compliance with current and applicable provisions of the California Energy Commission Building Energy Efficiency Standards, Alterations under Title 24, Part 6, of the California Code of Regulations, California Home Energy Rating System (HERS) Program regulations. Standards within the current Uniform Building Code and local city and county codes should be adhered to.

G. Work provided to all covered pre-1978 buildings must be in compliance with current Environmental Protection Agency rules in 40 CFR 745 (Code of Federal Regulations), Lead-Based Paint Poisoning Prevention in Certain Residential Structures and the Housing and Urban Development rules in 24 CFR 35, as applicable to energy efficiency installations.

Assessment, Certification, and Compliance Requirements for both Single- and Multi-Family Residences A. Partner must keep records of project assessments, certifications, and compliance. Partner may refer to the Department of Community Services and Development’s (CSD) LowIncome Weatherization Program (LIWP) standards and forms for examples of information to collect and record retention. Information collected must include, but is not limited to:
i. Intake forms with information including, but not limited to household income, household members, eligibility, and energy service currently used; ii. Property owner consent to receive energy efficiency and/or Solar PV installations;
iii. Property owner certification to comply with Single-Family Residence and MultiFamily Residence requirements outlined above; iv. Confirmation that property owner has been informed of potential hazardous materials exposure during energy efficiency and/or Solar PV installations, as such hazards are identified;
v. Documentation that a building assessment has been completed (pre-and-post project completion).
vi. Property owner confirmation that proposed energy efficiency and/or Solar PV installations were received and installed properly;
vii. Documentation showing why energy efficiency and/or Solar PV installations were deferred or denied, as applicable;

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viii. Documentation of compliance with the Department of Public Health’s Renovation, Repair, and Painting Rule (RRP) (40 Code of Federal Regulations 745), as applicable;
ix. Documentation of trainings taken by certified renovators (per RRP), as applicable.

Operations and Maintenance for both Single- and Multi-Family Residences A. The Partner is responsible for providing verbal and written instructions for each installation to the property owner describing proper operation, maintenance requirements, system components, warranty information, programming of controls, and safety considerations, as applicable. This must occur prior to project completion. All work must be in accordance with the CSD LIWP Measure Standards. SGC will provide the Partner with a reference document.

B. The Partner must establish and maintain policies and procedures for handling complaints in accordance with the CSD LIWP Measure Standards.
i. The policies and procedures shall be in writing and shall be provided to interested individuals upon request. Complaints may include, but are not limited to, equipment failure during the warranty period, and incorrect installation of equipment. The Partner should retain records of all complaints, and how they were resolved, in the event of an audit.

Deferral Policy for both Single- and Multi-Family Residences A. Conditions may exist which cannot be mitigated because corrections exceed the scope of this program or cannot be achieved in a cost-effective manner. In these instances, contractors shall install feasible measures and, as applicable, refer the property owner to other agencies/programs for additional assistance. Once conditions have been corrected, installations for which the property qualifies may be installed. Presence of any of the conditions below shall require deferral of all installation activities:
i. Mechanical, electrical, or plumbing system is in such disrepair that failure is imminent.
ii. An environmental condition exists that endangers the occupants or contractor workers. (Example: standing water/sewage, mold, friable asbestos, etc.). iii. Evidence of significant infestation of rodents, insects, and/or other vermin is present.
iv. Moisture conditions within the building are severe and infiltration reduction measures are not feasible.
v. Building is condemned, is under remodeling or rehabilitation, or has structural issues.

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vi. Building has unsafe air quality. (Examples: sewage, significant animal feces in the building, improperly stored chemicals, combustible materials, or other fire hazards present a danger to the occupants or workers, etc.) vii. Building is pre-1978 construction and paint is seriously degraded and/or damaged, creating a hazardous condition with paint chips or dust. viii. Manufactured housing registration is not current or in good standing, and a Department of Housing and Community Development permit will not be granted. ix. Occupant has a known health condition/s that would be made worse by installation activities.
x. Maintenance or housekeeping practices limit access of workers to the property for diagnostics or services.
xi. Property owner refusal of combustion appliance safety (CAS) testing xii. Hazardous combustion appliance conditions that cannot be remedied through repair or replacement.
xiii. Property owner is uncooperative, abusive, or threatening to installation personnel. xiv. Illegal activities are taking place in the property.

B. A contractor may need to defer some or all services when unsafe conditions require repairs or replacements that exceed the scope or funding of this program (known as a limited deferral). When this occurs, the contractor shall provide written and photographic documentation of the condition. Once conditions have been corrected, measures for which the property qualifies may be installed.

5. Water Energy
All equipment must be certified Energy Star or equivalent products.

6. Urban Greening
If the project includes habitat restoration or landscaping, the plant palette must include native, low-water, and/or drought-resistant vegetation.

Partner must provide maintenance on all plants planted (including replacement) for at least three (3) years after project completion. Partner must also prepare and submit a plan for the long-term care for the plants.

7. Urban and Community Forestry
The Regional Urban Forester must approve the species list and map of tree planting area prior to beginning work.

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Partner shall cause all trees planted (including replacement) to be maintained for at least three years after project completion. Partner must also prepare and submit a plan for the long-term care for the trees.

Any tree planting within the project must adhere to the CAL FIRE Guideline Specifications for Selecting, Planting, and Early Care of Young Trees (“CAL FIRE”), available at http://calfire.ca.gov/resource_mgt/downloads/CALFIRE_NurseryStandards_and_Specs11_12. pdf. Trees requiring replacement per CAL FIRE must be made at the Partner’s cost.

Projects may not use synthetic fertilizer. Organic fertilizers (e.g. compost, manure) may be used.

8. Organics and Food Waste Prevention and Rescue Projects must be located in California and result in:

A. Reductions in GHG emissions compared to existing practice of landfilling of Californiagenerated green or food materials (for organics), or the production, processing, packaging, distribution, and landfilling of California-generated food materials (for food waste prevention and rescue); and
B. Increases in quantity (tons) of California-generated green materials, or food materials, newly diverted from landfill disposal or ADC use, and composted or digested (for organics), or increases in quantity (tons) of California-generated food materials, newly diverted from landfill and prevented or rescued from disposal (for food waste prevention and rescue).

For the purpose of this program, “newly diverted” means the tons of materials that are currently being landfilled that will instead be diverted as a result of this project.

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EXHIBIT A5

AUTHORIZED SIGNATORY FORM
I hereby verify that I am an authorized Partner representative and signatory and as such can sign and/or delegate authorization to sign and bind the Partner as it relates to the above-referenced Agreement and related documents.

Partner Authorized Signatory:

Name: ___________________________ Title: __________________________________ Signature: ________________________ Date: __________________________________ Please attach a copy of the corresponding resolution, bylaws or authorizing document.

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EXHIBIT A6

REPORTING SCHEDULE
The Final Report must be submitted at the end of the Project Completion Period, which may extend up to five years from the grant execution date.

PROJECT COMPLETION PERIOD REPORTS

REPORTING PERIOD BIMONTHLY

PROGRESS
REPORT

ANNUAL REPORTS
(Progress, Indicators, Leverage Funding,
Equipment Inventory)

DETAILED

WORK PLAN

AND BUDGET
DUE
DATE

START END
Grant Execution X
X X
X X
(Covers Grant Execution through Date)
X
X
X
X
X
X X
(Covers Date – Date)
X
X
X
X X
X X
(Covers Date through Date)
X
X
X
X
X
X X
(Covers Date – End of Project
Completion Period)

FINAL REPORT
X

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EXHIBIT A7

PARTNER BIMONTHLY PROGRESS REPORT
Transformative Climate Communities Program
Implementation Grant – Bimonthly Progress Report
Updated 9/19/2019
Partner: Grant Number:

Project Name: Round #: 1
Period #: Reporting Period: [Start Date] to [End
Date]
Authorized Signatory: [Name] [Position]
By my signature below, I certify that I have full authority to execute this payment request on behalf of the Partner. I declare under penalty of perjury, under the laws of the State of California, that this invoice for reimbursement, and any accompanying supporting documents, for the above-mentioned Program are true and correct to the best of my knowledge, an all disbursements have been made for the purposes and conditions as outlined in the Transformative Climate Communities Sub-recipient Agreement.

Signature: Date:

1. Summarize the administrative work completed by the Grantee during the reporting period:

Description of Work Completed Grant Funds Spent Leverage Funds $ Spent $
**For City of Coachella use only**

2. Summarize the work completed during reporting period. Insert one table for each Grant-Funded Project, Transformative Plan, and Leverage-Funded Project.

All deliverables have been called out in bold below with document names in parentheses.

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[INSERT NAME OF GRANT FUNDED PROJECT OR
PLAN]
Lead Entity: [INSERT]
Tasks Grant Funds
Spent
Leverage
Funds Spent
[INSERT Task # and Name] $ $
[Insert Subtask X and Name, if applicable]
 Describe work completed
 Use bullet points and be succinct
 Make sure to clearly align with the language used in Exhibit B (to ensure easy review)  Bold the names of deliverables [Include document or exhibit name] [Insert Subtask Y and Name, if applicable]
 Subtasks should still be described in the same cell
 This makes it easy for reviewers to track expenditure of grant funds by task  Bold the names of deliverables [Include document or exhibit name] [INSERT Task # and Name] $ $
Subtotal $ $
[INSERT NAME OF LEVERAGE FUNDED PROJECT OR
PLAN]
Lead Entity: [INSERT]
Tasks Leverage Funds Spent
[INSERT Task # and Name] $
 Describe work completed
 Use bullet points and be succinct
 Make sure to clearly align with the language used in Exhibit B (to ensure easy review)  Bold the names of deliverables [Include document or exhibit name] [INSERT Task # and Name] $
Subtotal $

3. Provide a status update for each CCI Project, Transformative Plan, and Non-CCI Project.  “No” indicates that everything is currently on schedule or within budget, per Exhibit B.

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 Any “corrective plans of action” should be a very brief description. All requests to change the grant agreement will require a Modification or Amendment request form.

STATUS UPDATE
Project or Plan
Anticipated
Timeline
changes
(Yes/No)
Anticipated
Budget
changes
(Yes/No)
Corrective Plan or Action, if needed
1 – [insert project name] Yes or No Yes or No
Briefly describe any modification or
amendment requests that will be
submitted in the next period (or have
been submitted with the invoice).
2 – [insert project name]

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EXHIBIT A8

DETAILED LEVERAGE FUNDING REPORT
Partner: [INSERT HERE] Grant #: [INSERT HERE]
Reporting Period (start date): [INSERT HERE]
Project Name: [INSERT HERE]
Round #: [INSERT HERE] Reporting Period (end date): [INSERT HERE]

LEVERAGE FUNDING REPORT
GRAND TOTAL $ -
PROJECT #, PLAN,
OR

GRANT ADMIN

FUNDING
SOURCE
TOTAL

COMMITTED
($)
AMOUNT ($)
SPENT
DURING

REPORTING
PERIOD

DATES SPENT
(MM/DD/YYYY
–

MM/DD/YYYY)
Supporting Documentation
(file name)

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EXHIBIT A9

INDICATOR TRACKING TABLES
All indicators listed below should be reported annually during the Performance Period and after Project close out.

General Indicators for the Community Engagement Plan (CEP) for Project and overarching Project Area
Indicator Data
Source:

Number of community engagement events
held [by language]
(e.g. flyers in different language, photos)
Number of stakeholders engaged at each
event
Project documentation (e.g., sign in sheets)
Number of stakeholders engaged through the
site’s social media outreach
Project documentation
(e.g., social media followers)
Number of materials distributed to stakeholders
(by language)
Project documentation (e.g., mailing lists)
Total number of people directly served by
Project
Project documentation
(e.g., project level registration lists)
Total number of volunteers who
participated in Project implementation
Project documentation
(e.g., volunteer sign-in sheets)
Total number of people who provided
commentary or input on the Project
Project documentation
(e.g., meeting minutes, written comments, etc.)

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EXHIBIT A10

PARTNER MONTHLY INVOICE DETAIL
Partner must complete the Invoice Detail for each Project, Community Engagement, and Workforce Development Partner: Grant Number:

Project Name: Round #:

Period #: Reporting Period Dates: [START DATE] [END
DATE] [Insert Project # and Name, or Transformative Plan Name] Lead Entity: [Insert name] TASK Cost Description Amount
Supporting
Documentation/Page #
1 Subtotal $ -
2 Subtotal $ -
3 Subtotal $ -
4 Subtotal $ -
Travel
Subtotal $ -
Equipment
Subtotal $ -
Grant
Administrati
on Subtotal $ -
SUBTOTAL FOR THIS PERIOD $ -

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EXHIBIT A11

INSURANCE REQUIREMENTS

1. Throughout the life of this Agreement, PARTNER shall pay for and maintain in full force and effect all insurance as required herein with an insurance company(ies) either (i) admitted by the California Insurance Commissioner to do business in the State of California and rated no less than “A-VII” in the Best’s Insurance Rating Guide, or (ii) as may be authorized in writing by CITY’S Risk Manager or his/her designee at any time and in his/her sole discretion. The required policies of insurance as stated herein shall maintain limits of liability of not less than those amounts stated therein. However, the insurance limits available to STATE OF CALIFORNIA (STATE), CITY OF COACHELLA (CITY) and each of their officers, officials, employees, agents, servants and volunteers as additional insureds, shall be the greater of the minimum limits specified therein or the full limit of any insurance proceeds to the named insured.

2. If at any time during the life of the Agreement or any extension, PARTNER or any of its subcontractors fail to maintain any required insurance in full force and effect, al services and work under this Agreement shall be discontinued immediately, and all payments due or that become due to PARTNER shall be withheld until notice is received by CITY that the required insurance has been restored to flu force and effect and that the premiums therefore have been paid for a period satisfactory to CITY. Any failure to maintain the required insurance shall be sufficient cause for CITY to terminate this Agreement. No action taken by CITY pursuant to this section shall in any way relieve PARTNER of its responsibilities under this Agreement. The phrase “fail to maintain any required insurance” shall include, without limitation, notification received by CITY that an insurer has commenced proceedings, or has had proceedings commenced against it, indicating that the insurer is insolvent.

3. The fact that insurance is obtained by PARTNER shall not be deemed to release or diminish the liability of PARTNER, including, without limitation, liability under the indemnity provisions of this Agreement. The duty to indemnify STATE and CITY shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by PARTNER. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of PARTNER, vendors, suppliers, invitees, contractors, sub-contractors, consultants, or anyone employed directly or indirectly by any of them.

Coverage shall be at least as broad as:

A. The most current version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG 00 01, providing liability coverage arising out of your business operations. The Commercial General Liability policy shall be written on an occurrence form and shall provide coverage for “bodily injury,” “property damage” and “personal and advertising injury” with coverage for premises and operations (including the use of owned and non-owned equipment), products and completed operations, and contractual liability (including, without limitation, indemnity obligations under the Agreement) with limits of liability not less than those set forth under “Minimum Limits of Insurance.”

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B. The most current version of ISO Commercial Auto Coverage Form CA 00 01, providing liability coverage arising out of the ownership, maintenance or use of automobiles in the course of your business operations. The Automobile Policy shall be written on an occurrence form and shall provide coverage for al owned, hired, and non-owned automobiles or other licensed vehicles (Code 1- Any Auto). If personal automobile coverage is used, the CITY, its officers, officials, employees, agents and volunteers are to be listed as additional insureds.

C. Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance.

MINIMUM LIMITS OF INSURANCE
PARTNER shall procure and maintain for the duration of the Agreement insurance with limits of liability not less than those set forth below. However, insurance limits available to STATE, CITY and each of their officers, officials, employees, agents, servants and volunteers as additional insureds, shall be the greater of the minimum limits specified herein or the full limit of any insurance proceeds available to the named insured:

1. COMMERCIAL GENERAL LIABILITY
A. $1,000,000 per occurrence for bodily injury and property damage; B. $1,000,000 per occurrence for personal and advertising injury; C. $2,000,000 aggregate for products and completed operations; and, D. $2,000,000 general aggregate applying separately to the work performed under the Agreement.

2. COMMERCIAL AUTOMOBILE LIABILITY
$1,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation Insurance as required by the State of California with statutory limits and EMPLOYER’S LIABILITY with limits of liability not less than:

A. $1,000,000 each accident for bodily injury;
B. $1,000,000 disease each employee; and,
C. $1,000,000 disease policy limit.

4. PROFESSIONAL LIABILITY (Errors and Omissions):

A. $1,000,000 per claim/occurrence; and,
B. $2,000,000 policy aggregate.

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UMBRELLA OR EXCESS INSURANCE
In the event PARTNER 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 STATE, CITY and each of their officers, officials, employees, agents, servants and volunteers.

DEDUCTIBLES AND SELF-INSURED RETENTIONS
PARTNER shall be responsible for payment of any deductibles contained in any insurance policy(ies) required herein and PARTNER shall also be responsible for payment of any self-insured retentions. Any self-insured retentions must be declared on the Certificate of Insurance, and approved by, the CITY’S Risk Manager or his/her designee. At the option of the CITY’S Risk Manager or his/her designee, either:

1. The insurer shall reduce or eliminate such self-insured retentions as respects STATE, CITY and each of their officers, officials, employees, agents, servants and volunteers; or

2. PARTNER shall provide a financial guarantee, satisfactory to CITY’S Risk Manager or his/her designee, guaranteeing payment of losses and related investigations, claim administration and defense expenses. At no time shall STATE or CITY be responsible for the payment of any deductibles or self-insured retentions.

OTHER INSURANCE PROVISIONS/ENDORSEMENTS

1. All policies of insurance required herein shall be endorsed to provide that the coverage shall not be canceled, non-renewed, reduced in coverage or in limits except after thirty (30) calendar days written notice has been given to CITY, except ten (10) days for nonpayment of premium.

PARTNER is also responsible for providing written notice to the CITY under the same terms and conditions. Upon issuance by the insurer, broker, or agent of a notice of cancellation, nonrenewal, or reduction in coverage or in limits, PARTNER shall furnish CITY with a new certificate and applicable endorsements for such policy(ies). In the event any policy is due to expire during the work to be performed for CITY, PARTNER shall provide a new certificate, and applicable endorsements, evidencing renewal of such policy not less than fifteen (15) calendar days prior to the expiration date of the expiring policy.

2. The Commercial General and Automobile Liability insurance policies shall be written on an occurrence form.

3. The Commercial General and Automobile Liability insurance policies shall be endorsed to name STATE, CITY and each of their officers, officials, employees, agents, servants and volunteers as an additional insured. PARTNER shall establish additional insured status for the STATE and CITY for al ongoing and completed operations under the Commercial General policy by use of ISO Forms or an executed manuscript insurance company endorsement providing additional insured status. The Commercial General endorsements must be as broad as that contained in ISO Forms: GC 20 10 11 85 or both CG 20 10 & CG 20 37.

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4. The Commercial General and Automobile Liability insurance shall contain, or be endorsed to contain, that the PARTNERS’ insurance shall be primary to and require no contribution from the STATE and CITY. The Commercial General policy is required to include primary and non contributory coverage in favor of the STATE and CITY for both the ongoing and completed operations coverage. These coverages shall contain no special limitations on the scope of protection afforded to STATE, CITY and each of their officers, officials, employees, agents, servants and volunteers. If PARTNER maintains higher limits of liability than the minimums shown above, STATE and CITY requires and shall be entitled to coverage for the higher limits of liability maintained by PARTNER.

5. Should any of these policies provide that the defense costs are paid within the Limits of Liability, thereby reducing the available limits by defense costs, then the requirement for the Limits of Liability of these polices will be twice the above stated limits.

6. For any claims related to this Agreement, PARTNER’S insurance coverage shall be primary insurance with respect to the STATE, CITY and each of their officers, officials, employees, agents, servants and volunteers. Any insurance or self-insurance maintained by the STATE, CITY and each of their officers, officials, employees, agents, servants and volunteers shall be excess of the PARTNER’S insurance and shall not contribute with it.

7. The Workers’ Compensation insurance policy shall contain, or be endorsed to contain, a waiver of subrogation as to STATE, CITY and each of their officers, officials, employees, agents, servants and volunteers.

8. The Commercial General and Automobile Liability insurance policies shall contain, or be endorsed to contain, a waiver of subrogation as to STATE, CITY and each of their officers, officials, employees, agents, servants and volunteers.

PROVIDING OF DOCUMENTS - PARTNER shall furnish CITY with all certificate(s) and applicable endorsements effecting coverage required herein All certificates and applicable endorsements are to be received and approved by the CITY’S Risk Manager or his/her designee prior to CITY’S execution of the Agreement and before work commences. All non-ISO endorsements amending policy coverage shall be executed by a licensed and authorized agent or broker. Upon request of CITY, PARTNER shall immediately furnish CITY with a complete copy of any insurance policy required under this Agreement, including all endorsements, with said copy certified by the underwriter to be a true and correct copy of the original policy. This requirement shall survive expiration or termination of this Agreement. All subcontractors working under the direction of PARTNER shall also be required to provide al documents noted herein.

If the Professional Liability (Errors and Omissions) insurance policy is written on a claims-made form:

1. The retroactive date must be shown, and must be before the effective date of the Agreement or the commencement of work by PARTNER.

2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the work or termination of the Agreement, whichever first occurs.

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3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the effective date of the Agreement, or work commencement date, PARTNER must purchase “extended reporting” period coverage for a minimum of five (5) years after completion of the work or termination of the Agreement, whichever first occurs.

4. A copy of the claims reporting requirements must be submitted to CITY for review.

5. These requirements shall survive expiration or termination of the Agreement.

SUBCONTRACTOR- If PARTNER subcontracts any or all of the services to be performed under this Agreement, PARTNER shall require, at the discretion of the CITY Risk Manager or designee, subcontractor(s) to enter into a separate Side Agreement with the City to provide required indemnification and insurance protection. Any required Side Agreement(s) and associated insurance documents for the subcontractor must be reviewed and preapproved by CITY Risk Manager or designee.

If no Side Agreement is required, PARTNER will be solely responsible for ensuring that it’s subcontractor maintain insurance coverage at levels no less than those required by applicable law and is customary in the relevant industry.

Item 17.

Strategic Growth Council – Transformative Climate Communities Program Implementation Grant – Round 5 Grant Number: SGC23143, City of Coachella Page 35 EXHIBIT B – BUDGET AND SCHEDULE OF DELIVERABLES Total Awarded Grant Funds EXHIBIT B – BUDGET AND SCHEDULE OF DELIVERABLES The total amount awarded for this grant will not exceed Twenty-Two Million, One Hundred and Twenty-Five Thousand Dollars and Zero Cents ($22,125,000.00). Total Leverage Funds The total leverage funds for this grant will equal no less than Thirty-Six Million, Six Hundred and Eighty-Seven Thousand, Eight Hundred and Thirty-Two Dollars and Fifty-Eight Cents ($36,687,832.58). Summary Budget TCC Project Component Lead Entity Grant Funds Leverage Funds Grantee Costs City of Coachella $1,106,250.00 $0.00 #1 - Sixth Street Apartments Chelsea Investment Corporation $7,700,000.00 $36,047,919.00 #2 – Shared Mobility LEAP/Bound $955,680.00 $124,900.00 #3 – Bagdouma Wellness Hub City of Coachella $3,091,718.00 $0.00 #4 – Coachella Energy for All GRID $1,986,514.95 $125,000.00 #5 - Coachella Urban Greening Project City of Coachella $774,757.00 $0.00 #6 - Connecting Coachella City of Coachella $737,256.00 $0.00 #7- Sierra Vista Park City of Coachella $655,330.00 $0.00 #8 – Avenue 53 Tot Lot City of Coachella $655,012.00 $24,900.00 #9 - Veterans’ Park and Dateland Park City of Coachella $908,997.00 $60,000.00 Community Engagement Plan Alianza Coachella Valley $1,106,250.00 $0.00 Workforce Development and Economic Opportunities Plan Center for Employment Training/SCMF/UCC $1,119,735.05 $305,113.58 Displacement Avoidance Plan Kounkuey Design Initiative (KDI) $663,750.00 $0.00 Indicator Tracking Plan UC Berkeley Disaster Lab $663,750.00 $0.00 TCC Project Total $22,125,000.00 $36,687,832.58 Special Conditions of Funding: 1.) City to provide updated Project Area map. 2.) See individual work plans for additional special readiness and reimbursement conditions

Item 17.

Docusign Envelope ID: 0C184C8C-CD24-40CD-B111-D05189987D42 Docusign Envelope ID: C7D9C98C-FD62-4D6B-9B66-E95AE5FD2EC4

Item 17.

Strategic Growth Council – Transformative Climate Communities Program Implementation Grant – Round 5 Grant Number: SGC23143, City of Coachella
Contents
EXHIBIT A – SCOPE OF WORK...................................................................................................1 PART 1 – Recitals......................................................................................................................1 PART 2 – General Terms and Conditions....................................................................................2

1. Definitions .................................................................................................................2

2. Incorporation .............................................................................................................4

3. Grant Term.................................................................................................................4

4. Authorized Signatories................................................................................................4

5. Partners and Subcontractors ......................................................................................5

6. Assignment................................................................................................................6

7. Document Submission...............................................................................................6

8. Timeliness .................................................................................................................6

9. Amendments and Modifications .................................................................................6

10. Conditions for Beginning Work....................................................................................7

11. Reporting Requirements.............................................................................................9

12. Evaluation and Indicator Tracking Reporting..............................................................11

13. Payment Provisions..................................................................................................11

14. Invoicing ..................................................................................................................15

15. Leverage Funding .....................................................................................................17

16. Stand-alone Leverage Projects .................................................................................17

17. Work Outside the Project Area ..................................................................................18

18. Repayment of Funds.................................................................................................18

19. Availability of Funds .................................................................................................18

20. Revenue...................................................................................................................18

21. Monitoring and Oversight..........................................................................................18

22. Recordkeeping .........................................................................................................19

23. Records ...................................................................................................................19

24. Audit and Record Retention ......................................................................................19

25. Compliance .............................................................................................................20

26. Insurance.................................................................................................................20

27. Computer Software..................................................................................................21

28. Personally Identifiable Information ...........................................................................21

29. Ownership ...............................................................................................................21 Docusign Envelope ID: 0C184C8C-CD24-40CD-B111-D05189987D42 Docusign Envelope ID: C7D9C98C-FD62-4D6B-9B66-E95AE5FD2EC4

Item 17.

Strategic Growth Council – Transformative Climate Communities Program Implementation Grant – Round 5 Grant Number: SGC23143, City of Coachella

30. Non-Performance ....................................................................................................24

31. Disputes ..................................................................................................................25

32. Stop Work Order.......................................................................................................25

33. Health Impacts ........................................................................................................26

34. Termination for Convenience....................................................................................26

35. Governing Law and Venue.........................................................................................27

36. Grantee Independence/Not an Agent of the State......................................................27

37. Indemnification........................................................................................................27

38. Waiver .....................................................................................................................27

39. No Third-Party Beneficiaries .....................................................................................27

40. Force Majeure ..........................................................................................................27

41. Expatriate Corporations............................................................................................28

42. Corporation Qualified to do Business in California.....................................................28

43. Certificate of Compliance with Russia Sanctions.......................................................28

44. Self-Dealing and Arm’s Length Transactions..............................................................28

45. Relocation ...............................................................................................................28

46. Americans with Disabilities Act.................................................................................28

47. Non-discrimination Clause.......................................................................................29

48. Drug-Free Workplace Certification............................................................................29

49. Child Support Compliance Act..................................................................................30

50. Environmental Justice ..............................................................................................30

51. Union Organizing......................................................................................................30

52. Prevailing Wages and Labor Compliance...................................................................30

53. Publicity...................................................................................................................31

54. Right to Publish ........................................................................................................32

55. Copyrights ...............................................................................................................33

56. Recycled Contents Products ....................................................................................33

57. Severability ..............................................................................................................33

58. Terms that Survive Grant Agreement .........................................................................34 EXHIBIT B – BUDGET AND SCHEDULE OF DELIVERABLES........................................................35 EXHIBIT C – SPECIAL TERMS AND CONDITIONS......................................................................98 PART 1 – Transformative Requirements ...............................................................................98

1. Community Engagement ..........................................................................................98 Docusign Envelope ID: 0C184C8C-CD24-40CD-B111-D05189987D42 Docusign Envelope ID: C7D9C98C-FD62-4D6B-9B66-E95AE5FD2EC4

Item 17.

Strategic Growth Council – Transformative Climate Communities Program Implementation Grant – Round 5 Grant Number: SGC23143, City of Coachella

2. Displacement Avoidance..........................................................................................98

3. Workforce Development and Economic Opportunities ..............................................98

4. Climate Adaptation and Resilience ...........................................................................99

5. Indicator Tracking and Reporting...............................................................................99 Part 2 – Project-Specific Terms and Conditions.................................................................101

1. Equitable Housing and Neighborhood Development................................................101

2. Active Transportation .............................................................................................103

3. Transit and Rail Access...........................................................................................104

4. Car Sharing and Mobility Enhancement...................................................................105

5. Solar Installation, Energy Efficiency and Appliance Electrification ............................108

6. Water Efficiency .....................................................................................................113

7. Urban Greening and Green Infrastructure................................................................115

8. Health Equity and Well-Being..................................................................................116

9. Indoor Air Quality ...................................................................................................119 EXHIBIT D – Attachments......................................................................................................120 Attachment D-1: TCC Project Area Map.............................................................................121 Attachment D-2: Transformative Plan Summary ...............................................................123 Attachment D-3: Invoicing and Reporting Templates ........................................................142 Attachment D-4: Reporting Schedule ................................................................................153 Attachment D-5: Indicator Tracking Tables........................................................................155 Attachment D-6: Authorized Signatory Template...............................................................163 Attachment D-7: CalFire Urban Greening Standards.........................................................164 Attachment D-8: TCC Grantee Publicity Guidelines ..........................................................174 Attachment D-9: TCC Partnership Agreement ...................................................................181 Attachment D-10: Certificate of Compliance with Russian Sanctions..............................225 Docusign Envelope ID: 0C184C8C-CD24-40CD-B111-D05189987D42 Docusign Envelope ID: C7D9C98C-FD62-4D6B-9B66-E95AE5FD2EC4

Item 17.

Strategic Growth Council – Transformative Climate Communities Program Implementation Grant – Round 5 Grant Number: SGC23143, City of Coachella

EXHIBIT A – SCOPE OF WORK Part 1 – Recitals
EXHIBIT A – SCOPE OF WORK
PART 1 – Recitals
WHEREAS, the purpose of this document is to memorialize the terms and conditions related to the California Strategic Growth Council’s award of grant funds to the City of Coachella, the Grantee;
WHEREAS, the authority for this Implementation Grant Agreement is the Transformative Climate Communities (TCC) Program statute (Public Resources Code, Sections 75240 – 75243) and the TCC Program Guidelines, as approved for release on February 28, 2023; WHEREAS, the TCC Project that is the subject of this Implementation Grant Agreement was approved by the Strategic Growth Council on December 15, 2023; WHEREAS, the Implementation Grant Agreement will be between the Strategic Growth Council and Grantee;
WHEREAS, the Strategic Growth Council will grant to Grantee, pursuant to the above authorization, a sum not to exceed Twenty-Two Million, One Hundred and Twenty-Five Thousand Dollars and Zero Cents ($22,125,000.00), upon and subject to the terms of this Implementation Grant Agreement and consistent with the terms of the TCC Program Guidelines;
WHEREAS, AB 2722 requires that projects maximize climate, public health, environmental, workforce, and economic benefits;
WHEREAS, AB 2722 requires that projects avoid economic displacement of low-income disadvantaged community residents and businesses;
WHEREAS, AB 2722 requires that projects demonstrate community engagement in all phases; WHEREAS, the Strategic Growth Council requires the TCC Project to implement strategies that increase the climate resilience of vulnerable populations and proposed infrastructure in the TCC Project Area;
WHEREAS, the Strategic Growth Council requires projects to comply with monitoring and reporting requirements for greenhouse gas emissions reductions, co-benefits, and outcome indicators, as defined by the Strategic Growth Council and California Air Resources Board; and WHEREAS, Grantee agrees to implement the entirety of the Budget and Schedule of Deliverables attached to this Grant Agreement in Exhibit B.

Now therefore, as evidenced by the parties foregoing execution of the Grant Agreement, and in consideration of the mutual covenants, terms and conditions set forth herein, the Parties agree that all funds awarded pursuant to this Grant Agreement are to be used as set forth below in this exhibit, and as may be set forth in the remaining exhibits incorporated into this Grant Agreement.

Docusign Envelope ID: 0C184C8C-CD24-40CD-B111-D05189987D42 Docusign Envelope ID: C7D9C98C-FD62-4D6B-9B66-E95AE5FD2EC4

Item 17.

Strategic Growth Council – Transformative Climate Communities Program Implementation Grant – Round 5 Grant Number: SGC23143, City of Coachella

EXHIBIT A - SCOPE OF WORK Part 2 – General Terms and Conditions PART 2 – General Terms and Conditions

1. Definitions
i. “AHSC” – The Affordable Housing and Sustainable Communities Program of the California Strategic Growth Council, incorporated into the TCC Equitable Housing and Neighborhood Development Strategy
ii. “Application or Proposal” – Submittal comprised of responses and supporting documents to apply for the TCC Implementation Grant
iii. “Grant Agreement”– Refers to this Implementation Grant Agreement and all attachments and appendices
iv. “TCC Guidelines” – TCC Program Guidelines adopted on February 28, 2023 v. “AHSC Guidelines” – The AHSC Round 7 Final Guidelines adopted December 15, 2022 vi. “Project Area” – Area boundary for the TCC Project, as identified in Attachment D-1. Refers to the boundary for Implementation Grants. A contiguous area that meets the requirements of Section 6.4 (Project Area Eligibility) of the TCC Guidelines. vii. “TCC Partnership Agreement” – Agreement between Grantee and their Partners that outlines the responsibilities of each of the parties to the agreement. This is required of all members of the Collaborative Stakeholder Structure.
viii. “TCC Program” – The Transformative Climate Communities Program ix. “TCC Project” – Project, comprised of the TCC Project Components defined below, that will be implemented through this Grant Agreement
x. “TCC Strategies” – Strategies that reduce GHG emissions and achieve additional public health, environmental and economic benefits, as described in Appendix B of the TCC Guidelines. The TCC Project and Stand-alone Leverage Projects must collectively implement Projects from at least three (3) TCC Strategies. xi. “TCC Project Components” – Components included in the TCC Project, as described in Exhibit B and therefore subject to this Grant Agreement:
a. “Projects” – Projects that will be implemented with TCC grant funds through this Grant Agreement, and that are compliant with the TCC Strategies and Fundable Elements listed in Appendix D of the TCC Guidelines.
(i) Quantifiable Projects – Projects that have elements with approved GHG quantification methodologies. The TCC Project must implement at least one (1) Quantifiable Project.
(ii) Non-quantifiable Projects – Projects that do not have elements with approved GHG quantification methodologies, but are still eligible for grant funds. b. “Stand-alone Leverage Projects” – Projects that will be implemented with leverage funding that are integrated into the overall TCC Proposal, and were initiated in anticipation of applying for the TCC Program, or contingent upon the TCC award.

Docusign Envelope ID: 0C184C8C-CD24-40CD-B111-D05189987D42 Docusign Envelope ID: C7D9C98C-FD62-4D6B-9B66-E95AE5FD2EC4

Item 17.

Strategic Growth Council – Transformative Climate Communities Program Implementation Grant – Round 5 Grant Number: SGC23143, City of Coachella

EXHIBIT A - SCOPE OF WORK Part 2 – General Terms and Conditions c. “Transformative Plans” – The three (3) transformative plans include: Community Engagement, Displacement Avoidance, and Workforce Development and Economic Opportunities.
xii. Time Periods within the Grant Term: Grant terms include two components: a Project Completion Period that may last up to four (4) years, and a Performance Period that may last up to seven (7) months, during which project outcomes will be monitored. a. “Project Completion Period”
(i) Begins the date that both Parties have signed the Grant Agreement and lasts up to four (4) years, unless otherwise amended.
(ii) All TCC Project Components, including Indicator Tracking and Stand-Alone Leverage Projects, must be completed during the Project Completion Period. b. “Performance Period”
(i) The intent of the Performance Period is to provide a buffer time for Projects that are completed prior to the end of the grant term to report on required indicators and request for reimbursement for the activities associated with Indicator Tracking. In some cases, the Performance Period and the Project Completion Period may overlap.
(ii) Applies to Quantifiable and Non-Quantifiable Projects and Transformative Plans (iii) Begins immediately after each Quantifiable or Non-Quantifiable Project or Transformative Plan is completed or seven (7) months before the end of the grant term, whichever is sooner.
(iv) Will extend no longer than March 31st, 2029.
xiii. Entities involved in the grant implementation process:
a. “DOC” – Department of Conservation; provides implementation and administrative support to SGC and serves as the Grantee’s main point of contact b. “Evaluation Technical Assistance” – The TCC grant-funded program evaluation Partner responsible for developing Grantee’s Indicator Tracking Plans and comprehensively assessing the impact and benefits of the TCC Program.
c. “Grantee” – Entity responsible for leading the implementation of the TCC Project; identified as Lead Applicant in the Application, and that has an agreement for grant funding with the State.
d. "Lead Entity" – Entity leading the implementation of each TCC Project Component; must be Grantee or a Partner
e. “Leverage Partner” – A Partner that is not receiving funds from SGC but is implementing a Stand-alone Leverage Project and is required to meet leverage funding requirements of the TCC program.
f. Supporting Entity – Entity included in the application that supports the Lead Entity in completion of the project or transformative plan as a subcontractor. g. “GO-LCI” – Governor’s Office of Land Use and Climate Innovation Docusign Envelope ID: 0C184C8C-CD24-40CD-B111-D05189987D42 Docusign Envelope ID: C7D9C98C-FD62-4D6B-9B66-E95AE5FD2EC4

Item 17.

Strategic Growth Council – Transformative Climate Communities Program Implementation Grant – Round 5 Grant Number: SGC23143, City of Coachella

EXHIBIT A - SCOPE OF WORK Part 2 – General Terms and Conditions h. “Parties” – SGC and Grantee, collectively
i. “Partners” – Entities other than the Grantee that enter into a partnership with the grantee to support the implementation of the TCC Project; identified as Lead Entity or Supporting Entity
j. “SGC” – The California Strategic Growth Council
k. “State” – Any state agency with an oversight role over the funding or TCC Project l. “Subcontractors” – Third-party entities hired by either Grantee or a Partner m. “TCC Grant Manager” – Day-to-day point of contact during the grant term

2. Incorporation
The TCC and AHSC Guidelines and all the attachments to this Grant Agreement are hereby incorporated by reference into this Grant Agreement as though set forth in full in this Grant Agreement. As described in the TCC Guidelines, Equitable Housing and Neighborhood Development Projects must conform to requirements of the AHSC Guidelines.

The performance of this grant must be conducted in accordance with the following order of precedence: the enabling legislation for the TCC Program, Grant Agreement, TCC Guidelines, and AHSC Guidelines.

3. Grant Term
The grant term will commence on the date that both Parties have signed the Grant Agreement.

SGC will notify Grantee when work may begin. During the Performance Period, project outcomes will be monitored. The Project Completion Period ends four (4) years after execution of the Grant Agreement. The Performance Period begins immediately after each Quantifiable or Non-Quantifiable Project or Transformative Plan is completed, or seven (7) months prior to the end of the grant term, whichever is sooner, and lasts for up to seven months to allow the Grantee to collect and report data on projects and plans and to develop final reports.

Grantee must demonstrate that the community benefits described in the Community Engagement and Displacement Avoidance Plans will continue for the entirety of the Project Completion Period.

Grantee’s obligations under this Grant Agreement will only be discharged once all terms of this Grant Agreement are fulfilled.

4. Authorized Signatories
The SGC Executive Director or designee is authorized to sign this Grant Agreement and related documents on behalf of SGC. SGC staff will notify Grantee of the day-to-day point of contact (“TCC Grant Manager”) once the grant is executed.

At the time of grant execution, Grantee will submit a letter that identifies the individual who is authorized to sign this Grant Agreement and TCC Project deliverables and related documents on behalf of Grantee. The letter must also identify any additional Authorized Designees as well as Grantee’s day-to-day grant manager. Use the template provided in Exhibit D (Attachment D6).

Docusign Envelope ID: 0C184C8C-CD24-40CD-B111-D05189987D42 Docusign Envelope ID: C7D9C98C-FD62-4D6B-9B66-E95AE5FD2EC4

Item 17.

Strategic Growth Council – Transformative Climate Communities Program Implementation Grant – Round 5 Grant Number: SGC23143, City of Coachella

EXHIBIT A - SCOPE OF WORK Part 2 – General Terms and Conditions If the Authorized Signatory or Authorized Designee is unable to sign a deliverable or related document on behalf of Grantee, Grantee must submit an updated letter signed by the Authorized Signatory designating another individual to sign in their place. If the Authorized Signatory or Authorized Designee are funded through this Grant Agreement, Grantee must designate a different individual to sign the invoices.

Grantees must keep Authorized Signatory letters up to date and submit changes through email to the TCC Grant Manager at the subsequent reporting due date. Authorized Signatory letters will be kept on file with SGC for up to four (4) years after the grant term ends.

5. Partners and Subcontractors
SGC’s contractual relationship is with Grantee, and not any of their Partners or Subcontractors.
i. Grantee's contractual relationship with its Partners is defined by the TCC Partnership Agreement (Attachment D-9) and other documents as determined by Grantee and subject to SGC written approval, which outline the reimbursement process among Grantee, Partners, and Subcontractors. Grantee’s obligation to pay its Partners and Subcontractors is an independent obligation from SGC’s obligation to pay Grantee. ii. Grantee must abide by the TCC Partnership Agreement. This includes abiding by the processes defined within the TCC Partnership Agreement, including, but not limited to the legal and financial considerations, transparent decision-making processes, meeting facilitation procedures, and processes for involving community representatives in decision-making.
iii. Grantee is entitled to make use of its own staff, Partners, and Subcontractors, as identified in the TCC Partnership Agreement and the Budget and Schedule of Deliverables, and will comply with its own competitive bidding and sole sourcing requirements for subcontracts that arise out of or in connection with this Grant Agreement. If Grantee requests to modify or amend the TCC Partnership Agreement:
a. Grantee must provide SGC with copies showing such changes within fifteen (15) working days.
b. Grantee must adhere to the amendments and modifications requirements of this Grant Agreement (Exhibit A, Part 2, Section 9), if applicable. iv. Grantee must manage, monitor, and accept responsibility for the performance of its own staff, Partners, and Subcontractors, and will conduct project activities and services consistent with professional standards for the industry and type of work being performed under this Grant Agreement.
v. Grantee must notify SGC if Grantee, Partners, or Subcontractors are revoked, disbarred, suspended, proposed for disbarment, declared ineligible, or voluntarily excluded from the TCC Project.

Nothing contained in this Grant Agreement or otherwise will create any contractual relation between SGC and any Partners or Subcontractors, and no subcontract will relieve Grantee of its responsibilities and obligations under the terms of this Grant Agreement. Grantee agrees to be fully responsible to SGC for the acts and omissions of its Partners, Subcontractors, and of persons either directly or indirectly employed by them.

Docusign Envelope ID: 0C184C8C-CD24-40CD-B111-D05189987D42 Docusign Envelope ID: C7D9C98C-FD62-4D6B-9B66-E95AE5FD2EC4

Item 17.

Strategic Growth Council – Transformative Climate Communities Program Implementation Grant – Round 5 Grant Number: SGC23143, City of Coachella

EXHIBIT A - SCOPE OF WORK Part 2 – General Terms and Conditions

6. Assignment
This Grant Agreement is not assignable by Grantee, either in whole or in part, without the consent of SGC in the form of a formal written amendment of this Grant Agreement.

7. Document Submission
All documents must be submitted through the SGC provided online submission platform.

Upon submission, the Grantee must notify their designated TCC Grant Manager through email.

8. Timeliness
Time is of the essence in this Grant Agreement. The SGC and Grantee will work collaboratively to ensure this Grant Agreement is administered in a timely fashion.

9. Amendments and Modifications
Any modification or amendment of the terms of this Grant Agreement must be within the intent of the TCC Program. Requests to increase the overall grant amount or to significantly alter the deliverables of the TCC Program will not be approved because of the competitive nature of the process that resulted in the award of this Grant Agreement. Modification and amendment requests will be considered at the sole discretion of SGC. i. Modifications are minor changes to the Grant Agreement. Modification requests must be submitted in writing to SGC at least thirty (30) calendar days prior to when the modification will take effect. Examples of actions that require a modification include but are not limited to changes in the:
a. Grantee's Authorized Signatories and Subcontractors
b. Budget and Schedule of Deliverables
(i) Task descriptions (i.e. details regarding methods used to achieve deliverables) (ii) Reallocating up to 10 percent (10%) of a task’s funds to another task within the same project or plan. Cumulative changes of up to 10% of a task budget are allowed before an amendment is required.
(iii) Adjusting deliverable due dates within the grant term, except for readiness due dates
ii. Amendments are material changes to the Grant Agreement. Amendment requests must be submitted in writing to SGC at least sixty (60) calendar days prior to when the amendment will take effect. New amendment requests from Grantee will not be considered less than three (3) months prior to the end of the Project Completion Period. Examples of actions that require an amendment include but are not limited to changes in the:
a. Partners or terms in the TCC Partnership Agreement
b. Budget and Schedule of Deliverables
(i) Elimination or alteration in deliverables
(ii) Reallocation of more than ten percent (10%) of a task budget to another task (iii) Reallocation of funds to a different project or plan Changes to readiness due dates.

Docusign Envelope ID: 0C184C8C-CD24-40CD-B111-D05189987D42 Docusign Envelope ID: C7D9C98C-FD62-4D6B-9B66-E95AE5FD2EC4

Item 17.

Strategic Growth Council – Transformative Climate Communities Program Implementation Grant – Round 5 Grant Number: SGC23143, City of Coachella

EXHIBIT A - SCOPE OF WORK Part 2 – General Terms and Conditions iii. Process for Modification and Amendment Requests:
a. TCC will only process Modifications or Amendments once per grant year, unless mission critical changes are needed. As each request may take some time and correspondence to review and resolve, there will be windows of time for submission, review, and processing as follows:
(i) Submit Requests: July – November
(ii) Review and Correspondence: July – December
(iii) Final Processing and Execution: November – January b. Modification and amendment requests will be made in writing using the templates provided by SGC. No oral understanding or agreement not incorporated in the Grant Agreement as a fully executed amendment is binding on any of the Parties. Any request for a modification or amendment must explain the purpose of the request, how the request is consistent with the TCC Guidelines and intent of the TCC Program, and the effect of not approving the request. All requests must include supporting documentation to validate the request. TCC Program staff may bring proposed Grant Agreement amendments to the Strategic Growth Council for approval. c. SGC will respond to the modification or amendment request within ten (10) working days. SGC’s response to Grantee may include additional questions. SGC may require additional time to make a determination (i.e., approval or denial) about the request.

SGC will consider requests for expedited review.
d. Effective Date of Modification or Amendment:
(i) If SGC approves the modification request in writing, the modification may take effect immediately.
(ii) If SGC approves the amendment request, SGC will notify Grantee and prepare amendment documents for Grantee within another ten (10) working days, or as soon as feasible.
(iii) If SGC rejects the request in writing, Grantee may file a Dispute (Part 2, Section 31). e. SGC has the sole discretion to determine what changes to the Grant Agreement constitute “Modifications” or “Amendments.” All requests, including reallocation of grant funds between Projects and/or Transformative Plan, will be determined to be either a modification or an amendment on a case-by-case basis by SGC in a manner consistent with this section.

10. Conditions for Beginning Work
i. Readiness Requirements
a. Grantee may begin work on all Transformative Plans (Community Engagement, Workforce Development, and Displacement Avoidance) upon grant execution. Grantee Costs may also be spent upon grant execution.
b. Conditions for Beginning Work apply to all Quantifiable and Non-Quantifiable Projects.

Grantee must ensure the Lead Entity of each Project demonstrates readiness prior to expending any direct project costs.

Docusign Envelope ID: 0C184C8C-CD24-40CD-B111-D05189987D42 Docusign Envelope ID: C7D9C98C-FD62-4D6B-9B66-E95AE5FD2EC4

Item 17.

Strategic Growth Council – Transformative Climate Communities Program Implementation Grant – Round 5 Grant Number: SGC23143, City of Coachella

EXHIBIT A - SCOPE OF WORK Part 2 – General Terms and Conditions c. Pre-development, project management, and associated Indirect costs can be spent prior to achieving readiness.
d. Readiness requirements include CEQA documentation, site control, permits, project maps and designs, project schedules, operations and maintenance plans, and other Strategy-specific requirements. Readiness requirements must be complete prior to beginning project implementation.
e. Lead Entities must demonstrate readiness within the first year of the grant term, in accordance with the requirements outlined for each Strategy in Appendix B of the TCC Guidelines. Readiness will be assessed and approved independently for each individual Project.
f. SGC has sole discretion to determine when the Lead Entity has demonstrated readiness for each Project. Lead Entity may only expend direct project costs for each Project under this Grant Agreement once Grantee receives written notice from SGC. g. SGC will provide written notice regarding the readiness status of each Project in a Readiness Memo. The Readiness Memo will be updated as the Grantee submits additional readiness documentation.
ii. Failure to meet Readiness Requirements
a. Projects that do not meet the readiness requirements within the first year of the grant agreement will be deemed to be infeasible and ineligible for reimbursement, unless SGC gives written approval to extend the timeline to meet the readiness requirements. b. Funds from any projects deemed infeasible and ineligible for reimbursement cannot be allocated to new projects. Reallocation of funds, if any, to other projects included in the original Application will be subject to the Modification and Amendment procedures outlined above.
iii. Special Readiness Requirements
a. For Projects with multiple project sites that will be secured during the Project Completion Period, including Projects with residential participation such as tree planting or solar installations, the following readiness requirements will apply:
(i) Lead Entity does not need to demonstrate site control and compliance on all project sites prior to expending any direct project costs. Lead Entity must still achieve all other readiness requirements in accordance with Appendix B of the TCC Guidelines prior to expending any direct project costs. (ii) Lead Entity must have site control and compliance on a project site from the appropriate governing agency or private property owner prior to beginning work on a project site.
(iii) Lead Entity must demonstrate site control and compliance with all applicable laws in order for SGC to reimburse Grantee for the work on a project site. b. For Car Sharing and Mobility Enhancement projects, Grantee must ensure the Lead Entity identifies all project sites and develops a plan to establish site control and satisfy all readiness requirements. These projects are subject to the readiness and compliance requirements for ‘projects with multiple project sites’. Lead Entity must Docusign Envelope ID: 0C184C8C-CD24-40CD-B111-D05189987D42 Docusign Envelope ID: C7D9C98C-FD62-4D6B-9B66-E95AE5FD2EC4

Item 17.

Strategic Growth Council – Transformative Climate Communities Program Implementation Grant – Round 5 Grant Number: SGC23143, City of Coachella

EXHIBIT A - SCOPE OF WORK Part 2 – General Terms and Conditions submit a site plan that includes contingency plans for each site that has not yet obtained site control.
iv. CEQA Clarification
This section outlines acceptable documentation for demonstrating CEQA completion, one of the primary readiness requirements for and conditions for beginning work on Projects under the TCC implementation grant.
a. Required Documentation for projects that are categorically or statutorily exempt (i) A CEQA Notice of Exemption (NOE) that has been approved by the appropriate body pursuant to their obligations under CEQA; OR
(ii) Documentation that the project is CEQA compliant, including but not limited to:

1. A resolution adopted by the legislative body (e.g., City Council, Board of Supervisors) confirming a project’s exemption. If a resolution or similar mechanism is not available or does not exist, meeting minutes documenting the legislative body’s consideration and approval of the project’s CEQA compliance may be submitted.

2. A signed letter or similar document from the head of an administrative approving entity (e.g., Planning Director).
b. Required documentation for all other projects
(i) A file-stamped Notice of Determination
c. Statutes of Limitation
SGC will notify Grantees that they may begin work on a project once all readiness requirements have been met, including CEQA completion. However, projects are still subject to statutes of limitation for legal challenges, which vary depending on the type of CEQA filing and whether a CEQA filing occurs (Public Resources Code, § 21167):
(i) Filing a Notice of Determination: 30 days
(ii) Filing a Notice of Exemption: 35 days
(iii) No filing: 180 days
Grantees must notify SGC when the statutes of limitations have lapsed for each project, and if any legal challenges arise. If a legal challenge is brought against a project, SGC has the authority to issue a Stop Work Order, per Section 32 of the grant agreement.

11. Reporting Requirements
i. General Reporting Requirements:
a. All reports must be completed using templates attached to this Grant Agreement or provided by SGC and submitted using the naming conventions provided by TCC Grant Manager.
b. The first reporting period will begin on the start date of the Grant Agreement.

Docusign Envelope ID: 0C184C8C-CD24-40CD-B111-D05189987D42 Docusign Envelope ID: C7D9C98C-FD62-4D6B-9B66-E95AE5FD2EC4

Item 17.

Strategic Growth Council – Transformative Climate Communities Program Implementation Grant – Round 5 Grant Number: SGC23143, City of Coachella

EXHIBIT A - SCOPE OF WORK Part 2 – General Terms and Conditions c. All reports must be submitted to the TCC Grant Manager on the due date specified in the Reporting Schedule (Attachment D-4). When the report submission due date falls on a weekend or state-recognized holiday, reports will be due on the first working day that follows.
d. All reports must be signed by the Authorized Signatory or Designee on file with SGC. e. SGC may request to verify reports through methods that include, but are not limited to:
supporting documentation, site visits, conference calls or video conferencing. f. Grantee’s failure to meet the reporting requirements on time may result in a delay in reimbursement.
ii. Progress Reports:
a. Grantee must complete Progress Reports using the template attached to the Grant Agreement (Attachment D-3).
b. Grantee must complete Progress Reports for the duration of the grant term. c. Progress Reports must correspond with the Budget and Schedule of Deliverables described in the Grant Agreement.
d. Grantee must report on any deliverables submitted and submit evidence of work completed, as requested by SGC.
iii. Annual Reports:

The following materials must be submitted on an annual basis for the duration of the Project Completion Period, using templates provided by SGC:
a. Annual Progress Report.
b. Leverage Funding Report.
c. Equipment Inventory Record: See Exhibit A, Part 2, Section 29, Ownership, for further instruction regarding equipment inventory.
d. Indicator Tracking Report: See Exhibit C, Part 1, Section 5 for further instructions regarding indicator tracking.
iv. Project Completion Reports:
a. Completion Report: Grantee must submit a report at the completion of each individual Project and Plan using the template provided by SGC.
b. Supporting Documentation: Grantee must submit any supporting documentation required to demonstrate that Projects and Plans are fully completed. v. Final Reports:
a. Final Report: Grantee must submit a final report by the end of the Performance Period using a template provided by SGC.
b. Leverage Funding Report: Grantee must submit a summary of the leverage funding spent at the end of the Performance Period using a template provided by SGC.

Docusign Envelope ID: 0C184C8C-CD24-40CD-B111-D05189987D42 Docusign Envelope ID: C7D9C98C-FD62-4D6B-9B66-E95AE5FD2EC4

Item 17.

Strategic Growth Council – Transformative Climate Communities Program Implementation Grant – Round 5 Grant Number: SGC23143, City of Coachella

EXHIBIT A - SCOPE OF WORK Part 2 – General Terms and Conditions

12. Evaluation and Indicator Tracking Reporting
Grantee must track and report on all indicators incorporated into the Indicator Tracking Plan finalized with SGC and the Evaluation Technical Assistance (see Exhibit C, Part 1, Section 5) until end of the grant term.

13. Payment Provisions
i. Except as may be allowed under subsection (ii), Grantee will be paid on a reimbursement basis:
a. Partners must invoice Grantee before Grantee submits an invoice to SGC. TCC funds will be issued to Grantee, who will be responsible for dispersing payment to Partners in accordance with the requirements contained in the TCC Partnership Agreement. All invoices must be supported by adequate documentation evidencing that the direct cost for which the Partner seeks reimbursement has been incurred. Grantee must maintain as part of its records for the TCC Project all invoices and supporting documentation from their Partners; these records will be subject to the audit provisions in Exhibit A, Part 2, Section 24.
b. SGC will not require that Grantee pay their Partners prior to requesting reimbursement from SGC, although Grantee may do so according to their procedures and policies. c. During the Project Completion Period, Grantee may only request reimbursement for eligible costs incurred for implementing the TCC Project. See Appendix B of the TCC Guidelines for details. Any work performed prior to the start date or after the end of the grant term will not be reimbursed.
d. During the Performance Period, Grantee may only request reimbursement for Indicator Tracking costs as well as Grantee Direct and Indirect costs for completing the Final Report. If the Project Completion Period and the Performance Period overlap, Grantee may continue requesting reimbursement for Project and Plan costs for the duration of the Project Completion Period.
e. Grantee shall ensure real property purchased with grant funds shall be acquired from a willing seller for a purchase price that does not exceed the real property's fair market value, as established by an appraisal that is conducted by an appraiser who is licensed pursuant to Part 3 (commencing with Section 11300) of Division 4 of the Business and Professions Code. The appraisal shall be prepared pursuant to the Uniform Standards of Professional Appraisal Practice. Grantee shall ensure an independent third party approved in writing by SGC reviews the appraisal for consistency with the Department of General Services Real Estate Division Appraisal Guidelines before the real property is purchased. The appraisal and independent review shall become part of the project file maintained by Grantee.
ii. Through state legislation, SGC is authorized to provide certain Grantees advance payments of TCC grant awards. SGC may approve advance payments under this grant at its sole discretion. All requests for advance payments shall be submitted to SGC in writing (Advance Pay Request form to be provided), along with complete documentation of the Grantee’s eligibility for advance payments in accordance with Government Code section 11019.1 and 11019.3. Any material changes to the request form must be reported to SGC within 30 days. All advance payments and the amount of any advance payment is subject Docusign Envelope ID: 0C184C8C-CD24-40CD-B111-D05189987D42 Docusign Envelope ID: C7D9C98C-FD62-4D6B-9B66-E95AE5FD2EC4

Item 17.

Strategic Growth Council – Transformative Climate Communities Program Implementation Grant – Round 5 Grant Number: SGC23143, City of Coachella

EXHIBIT A - SCOPE OF WORK Part 2 – General Terms and Conditions to SGC’s policies and discretion and satisfactory submittal of information through the Advance Pay Request form.
a. Any qualifying entity receiving advance payment will be required to demonstrate the ability to meet statutory requirements regulating the provision of advance payment.
iii. Eligible Costs
Grantee should refer to the TCC Guidelines, including Appendix B, for eligible cost requirements. To the extent that the provisions of this Section may conflict with the TCC Guidelines, this Section takes precedent.
a. Indirect costs are costs of doing business that are of a general nature and not directly tied to the grant, but necessary for the general operation of the organization. These costs may account for no more than 12% of the awarded TCC funds minus any funds for equipment purchases with a per unit cost of $5,000.00 or more. The 12% maximum of indirect cost applies to Grantee and all Partners or subcontractors, except for California Native American Tribes, who may request a higher indirect cost rate, provided the applying California Native American Tribe substantiates the rate with supporting documentation. Reimbursement requests for indirect/overhead costs must be proportionate to the direct costs billed in an invoice. b. Direct costs will be reimbursable with TCC funds. Direct costs are defined as costs directly tied to the implementation of the Grant Agreement. In addition, insurance premiums are only an eligible cost to the extent that the cost of coverage increased because of the award or Project requirements. Grantees must adhere to the following requirements:
(i) Pre-development costs may account for up to ten percent (10%) of the individual Project budget submitted at the time of application or of the individual Project budget included in the grant agreement, whichever is greater, of related capital improvement costs for each Project. This limit may be increased to 20% subject to TCC staff approval. Pre-development costs should not exceed ten percent (10%) of the originally requested TCC funding total. These activities and costs should occur within the first year of the grant term to meet readiness requirements.

Construction management tied to project implementation is a direct project cost and will not be subject to the cap on "pre-development" costs. (ii) Basic Environmental Infrastructure costs (that support water and wastewater connections, waste disposal systems, and/or pollution control systems) may account for up to ten percent (10%) of the total TCC award for Grantees that need to meet program policy requirements for basic infrastructure access. (iii) The eligible use of heavy-duty trucks and equipment shall be reimbursed at the then-current rate set by the California Department of Transportation “Labor Surcharge and Equipment Rental Rate” guide.
c. Travel costs directly related to the performance of this Grant Agreement will be subject to the State of California travel reimbursement rates, in effect, during the term of this Grant Agreement.

Docusign Envelope ID: 0C184C8C-CD24-40CD-B111-D05189987D42 Docusign Envelope ID: C7D9C98C-FD62-4D6B-9B66-E95AE5FD2EC4

Item 17.

Strategic Growth Council – Transformative Climate Communities Program Implementation Grant – Round 5 Grant Number: SGC23143, City of Coachella

EXHIBIT A - SCOPE OF WORK Part 2 – General Terms and Conditions (i) SGC will reimburse for actual expenditures, based on equivalent civil service classifications, up to the maximum state allowable rates in effect at the time of travel. The state rates are available for review at:
http://www.calhr.ca.gov/employees/pages/travel-reimbursements.aspx. (ii) Incidental costs and travel costs outside the State of California will not be reimbursed.
(iii) For staff working on the project, Grantee shall maintain and submit for reimbursement detailed travel records and supporting documents (e.g. travel request and approval forms, expense claims, invoices, receipts for lodging and transportation, etc.) showing the date and purpose of the grant-related travel, destination and, in the case of travel by automobile, the number of miles driven. (iv) Grantee shall ensure travel costs are outlined in the Budget and Schedule of Deliverables and tied to tasks and deliverables in the work plan. (v) Grantee shall ensure that any person traveling pursuant to this Grant Agreement shall indemnify and hold harmless the SGC and State of California for any liabilities resulting from such travel.
d. Project-specific allowable costs are costs that are only allowed under certain Strategies. These direct costs are allowed for project implementation, and therefore may not be subject to the indirect cost restrictions. These costs may still be subject to additional restrictions per Appendix B of the TCC Guidelines and will not be reimbursed if incurred for other Projects. See Exhibit C, Part 2 Project-Specific Terms and Conditions for project and strategy specific allowable costs. iv. Ineligible Costs
a. For ineligible direct implementation costs, refer to Appendix B and C of the Guidelines, by project or plan strategy.
b. Indirect costs in excess of 12% of the awarded TCC funds, except for California Native American Tribes, who may request a higher indirect cost rate, provided the applying California Native American Tribe substantiates the rate with supporting documentation.
c. Climate resilience and adaptation must be integrated into the Projects, Transformative Elements, and Vision. Climate adaptation and resilience planning activities must be paid for with leverage funding only. Implementation measures and design features integrated into the TCC Project are fundable as direct project costs. d. Projects that fund additional parking infrastructure or other infrastructure projects that induce demand for additional parking
e. Additional ineligible costs
(i) Exceeding cost caps for pre-development, basic infrastructure, indirect costs, and the transformative plans
(ii) The following costs associated with community engagement and outreach:

Docusign Envelope ID: 0C184C8C-CD24-40CD-B111-D05189987D42 Docusign Envelope ID: C7D9C98C-FD62-4D6B-9B66-E95AE5FD2EC4

Item 17.

Strategic Growth Council – Transformative Climate Communities Program Implementation Grant – Round 5 Grant Number: SGC23143, City of Coachella

EXHIBIT A - SCOPE OF WORK Part 2 – General Terms and Conditions (a) Direct cash benefits or subsidies to participants
(b) Alcoholic refreshments
(c) Participant incentives, such as door prizes, which are unrelated to specific community work products
(d) General Meetings that do not specifically discuss or advance implementation of the TCC Project
(iii) Lobbying
(iv) Advocacy work, such as direct lobbying for the passage of bills or local propositions
(v) Commission fees
(vi) Ongoing operational costs beyond the grant term
(vii) Using funds for any cost that has been or will be paid through another funding source, or to finance any activities designed to supplant rather than supplement existing local agency activities or activities with pre-existing designated funding.

This cost supplantation prohibition does not apply to interim financing for housing loans.
(viii) Using funds for mitigation activities that are already mandated by local, regional, state, or federal governing bodies or agencies
(ix) Ceremonial expenses (including food and beverages) (x) Expenses for publicity not related to the awarded TCC Project implementation (xi) Bonus payments of any kind
(xii) Damage judgments arising from the acquisition, construction, or equipping of a facility, whether determined by judicial process, arbitration, negotiation, or otherwise
(xiii) Services, materials, or equipment obtained under any other State program (xiv) Real estate brokerage fees and/or expenses
(xv) Stewardship of legal defense funds
(xvi) Costs associated with automobile or motorcycle parking (excluding electric vehicle charging infrastructure that may be located at a parking spot). (xvii) Reimbursement for any interest accumulated in order to finance the project
v. All costs must be reasonable, as defined below:
a. A cost is reasonable if, in its nature and amount, it does not exceed that which would be incurred by a prudent person under the circumstances prevailing at the time the Docusign Envelope ID: 0C184C8C-CD24-40CD-B111-D05189987D42 Docusign Envelope ID: C7D9C98C-FD62-4D6B-9B66-E95AE5FD2EC4

Item 17.

Strategic Growth Council – Transformative Climate Communities Program Implementation Grant – Round 5 Grant Number: SGC23143, City of Coachella

EXHIBIT A - SCOPE OF WORK Part 2 – General Terms and Conditions decision was made to incur the cost. In determining reasonableness of a given cost, consideration must be given to:
(i) Whether the cost is of a type generally recognized as ordinary and necessary for the operation of the entity or the proper and efficient performance of this Grant Agreement.
(ii) The restraints or requirements imposed by such factors as: sound business practices; arm's-length bargaining; federal, state, local, tribal, and other laws and regulations; and terms and conditions of this Grant Agreement. (iii) Market prices for comparable goods or services for the geographic area. (iv) Whether the individuals concerned acted with prudence in the circumstances considering their responsibilities to its employees, the public at large, and the state.
(v) Whether the cost significantly deviates from the acquiring entity’s established practices and policies regarding the incurrence of costs. b. SGC has the sole discretion to determine if a cost is reasonable. Any costs that do not meet the requirements above may not be reimbursed by the State. The Grantee may file a Dispute to contest SGC’s determination.
vi. Retention
a. SGC will withhold payment of the final five percent (5%) of the project cost for each TCC Project Component until SGC determines that the requirements of that TCC Project Component have been fulfilled per the Grant Agreement.

14. Invoicing
During the grant term, the Grantee will submit online one (1) invoice package to SGC on the Report Due Date listed in the Reporting Schedule (Attachment D-4). i. Invoice Package - An invoice, supporting documentation, deliverables or other evidence of work completed, and the appropriate reporting materials are collectively referred to as the “invoice package.”
a. Invoice – Grantee must use the invoice templates provided in Attachment D-3. (i) Expenses should be broken out at the task level.
(ii) Expenses under each task should be broken out by cost type. (iii) Indicator Tracking costs, travel, mileage, and equipment should be clearly identified.
b. Supporting documentation – Grantee must submit supporting documentation for all itemized costs. Documentation may include but is not limited to: copies of purchase orders, receipts, subcontractor invoices, and timesheets. These items must contain sufficient information to establish that the specific service was rendered, or purchase was made. Original supporting documentation is not required and should be retained by Grantee.

Docusign Envelope ID: 0C184C8C-CD24-40CD-B111-D05189987D42 Docusign Envelope ID: C7D9C98C-FD62-4D6B-9B66-E95AE5FD2EC4

Item 17.

Strategic Growth Council – Transformative Climate Communities Program Implementation Grant – Round 5 Grant Number: SGC23143, City of Coachella

EXHIBIT A - SCOPE OF WORK Part 2 – General Terms and Conditions (i) Supporting documentation should be clearly labeled by task. (ii) Supporting documentation does not need to be provided for Indirect costs.

However, Grantee must maintain records of Indirect costs to be made available upon request from the State. Grantee shall ensure adequate books and accounts documenting Indirect costs are maintained in accordance with generally accepted accounting principles, consistently applied. Grantee shall invoice in accordance with the Indirect cost rate(s) approved for the TCC Project and each project and plan under the grant, based on supporting documentation agreed upon in writing by SGC and the Grantee.
(iii) Records documenting time spent performing the work must identify the individual, the date on which the work was performed, the specific grant-related activities or objectives to which the individual’s time was devoted, the hourly rate, and the amount of time spent.
c. Evidence of deliverables completed – Grantee must submit evidence of work completed to justify the reimbursement request in the invoice. Documentation may be the final deliverables as listed in Exhibit B or interim deliverables that demonstrate the work completed.
d. Report(s) – Grantee must submit the appropriate reporting materials described in Exhibit A, Part 2, Section 11.
ii. Grantee must submit the invoice package to the SGC online submission platform.

Following submission, Grantee must email the Invoice Summary (PDF) to the TCC Grant Manager, and copy the SGC and Governor’s Office of Land Use and Climate Innovation. iii. The invoice must be signed by the Authorized Signatory or Designee. By submitting the invoice package to SGC, Grantee certifies that all costs are eligible for reimbursement, that all work has been completed in accordance with the Grant Agreement, and that the invoice total reflects actual costs incurred.
a. SGC has the discretion to determine the sufficiency of work completed and completeness of an invoice package.
b. If SGC determines that an invoice package is complete and sufficient, SGC will notify Grantee and approve the invoice. SGC will issue one check to Grantee. Grantee is responsible for dispersing payment to Partners, as outlined in the TCC Partnership Agreement, and any Subcontractors.
iv. Invoice packages that do not meet the requirements of this Grant Agreement, are incomplete, or have inaccuracies, will be returned to Grantee for resubmittal within ten (10) working days with an explanation of why it was not approved. a. SGC may authorize payment of a partial invoice package and require Grantee to resubmit the remaining portions in order to fix any inaccuracies or incomplete information.
b. Grantee must resubmit the amended invoice package (either partial or full) in the same manner as the original invoice within ten (10) working days after receiving the notification from SGC while addressing the concerns identified by SGC. Delays in Docusign Envelope ID: 0C184C8C-CD24-40CD-B111-D05189987D42 Docusign Envelope ID: C7D9C98C-FD62-4D6B-9B66-E95AE5FD2EC4

Item 17.

Strategic Growth Council – Transformative Climate Communities Program Implementation Grant – Round 5 Grant Number: SGC23143, City of Coachella

EXHIBIT A - SCOPE OF WORK Part 2 – General Terms and Conditions providing revised invoice package on time may result in non-compliance notice or stop work order.
v. If SGC determines that Grantee submitted false or materially inaccurate invoices, supporting document or components of the Application, SGC may impose any and all available remedies, including requesting reimbursement of already disbursed payments or termination of the Grant Agreement.
vi. The final invoice for each TCC Project Component should include a request for reimbursement of the final five percent (5%) of the total requested budget, as discussed in Exhibit A, Part 2, Section 13.v.a, of this Grant Agreement.

15. Leverage Funding
i. Grantee shall ensure it and its Leverage Partners report on the leverage funding expended in the Annual Leverage Funding Report form. Grantee must retain supporting documentation of leverage funding that will be made available to the State upon request.

Grantees shall ensure adequate books and accounts are maintained documenting leverage funding in accordance with generally accepted accounting principles, consistently applied.
ii. Leverage funding must support the implementation of the Strategies selected to achieve the TCC Program Objectives, as determined by SGC.
iii. Leverage funding must be spent within the Project Area and for the purposes of the TCC Project.
iv. Grantee must only report eligible leverage funding expenditures. Expenditure of leverage funding will only count if it meets the requirements in the TCC Guidelines. If leverage funding sources change during the grant term, Grantee will notify SGC at the subsequent reporting due date to allow SGC and DOC to determine the eligibility of the new leverage sources.
a. Changes in leverage funding sources that impact the Budget and Schedule of Deliverables may require an amendment to the Grant Agreement. b. Changes in leverage funding sources that impact the 50% eligibility requirement in the TCC Guidelines and Application may require a remedy to be determined between Grantee and SGC.

16. Stand-alone Leverage Projects
i. Stand-alone Leverage Projects must be completed by the end of the grant term and within the Project Area.
ii. Grantee shall ensure it and its Leverage Partners shall report on the progress of Leverage Projects on an annual basis.
iii. Stand-alone Leverage Projects may not be removed from the TCC Proposal scope of work after the grant has been awarded by SGC. SGC may consider the failure of a stand-alone leverage project to adhere to the terms of the Partnership Agreement to constitute a Grantee’s non-performance under the Grant Agreement.

Docusign Envelope ID: 0C184C8C-CD24-40CD-B111-D05189987D42 Docusign Envelope ID: C7D9C98C-FD62-4D6B-9B66-E95AE5FD2EC4

Item 17.

Strategic Growth Council – Transformative Climate Communities Program Implementation Grant – Round 5 Grant Number: SGC23143, City of Coachella

EXHIBIT A - SCOPE OF WORK Part 2 – General Terms and Conditions

17. Work Outside the Project Area
No work outside the Project Area will be reimbursable through this agreement except as allowed under this section. SGC disclaims any representations, express or implied, that any work outside the Project Area that was not approved as part of the Application is or will be funded by the TCC Program. Grantee waives any claims against SGC related to such work. In the event that there is a reason that there is a need for work to occur outside the Project Area, the Grantee must submit a request which will be considered on a case-by-basis by TCC staff and may be approved or rejected. The request must be submitted in writing and must justify why work outside the Project Area is necessary and how it will result in direct benefit to residents of the Project Area.

18. Repayment of Funds
If grant funds are not expended, or have not been expended in accordance with this Grant Agreement; or that real or personal property acquired with grant funds is not being used, or has not been used for purposes in accordance with the Grant Agreement; SGC has sole discretion to take appropriate action under this Grant Agreement, at law or in equity, including but not limited to:
i. Requiring Grantee to forfeit any unexpended portion of the grant funds, including but not limited to any retention withheld from invoices;
ii. Requiring Grantee to repay any funds improperly expended.

19. Availability of Funds
Sufficient funds for this Grant Agreement have been made available by FY 2022-2023 budget appropriation from the General Fund. However, this Grant Agreement is subject to any restriction, limitation, or condition enacted by the Legislature, which may affect the provisions, terms, or funding of this contract in any manner.

20. Revenue
All revenue generated as a part of any Project or Transformative Plan by Grantee, Partner or subcontractor must be used to further the TCC Project to the extent reasonably possible.

Grantee must keep records of revenue expenditures for audit purposes.

21. Monitoring and Oversight
Grantee agrees that the State or designated representative has the right to visit the project sites pertaining to any TCC Project described in this Grant Agreement. Project sites may include any public or participating private properties. i. Once the Grant Agreement is executed, the TCC Grant Manager may request a regularly occurring monthly phone call or in-person meeting with Grantee’s Grant Manager to discuss the TCC Project. Grantee must work with the TCC Grant Manager to accommodate monitoring requests.
ii. The State retains the right to conduct a minimum of two (2) site visits a year during the grant term.

Docusign Envelope ID: 0C184C8C-CD24-40CD-B111-D05189987D42 Docusign Envelope ID: C7D9C98C-FD62-4D6B-9B66-E95AE5FD2EC4

Item 17.

Strategic Growth Council – Transformative Climate Communities Program Implementation Grant – Round 5 Grant Number: SGC23143, City of Coachella

EXHIBIT A - SCOPE OF WORK Part 2 – General Terms and Conditions iii. At the State’s discretion, site visits may occur more frequently. iv. Grantee agrees that the State or designated representative has the right to conduct a final inspection of completed Projects, as determined by SGC. For construction Projects, this may require certification by the appropriate registered professional (such as California Registered Civil Engineer or Geologist) that the Project has been completed in accordance with final plans and specifications and any modifications. If Grantee or Lead Entity arranges a final inspection, Grantee must notify the TCC Grant Manager of the inspection date at least ten (10) working days prior to the inspection in order to provide State the opportunity to participate.

22. Recordkeeping
Grantee must establish an official file for the TCC Project funded by the Grant Agreement. The file must contain adequate documentation of all actions taken with respect to the TCC Project, including copies of the Grant Agreement, amendments and modifications, letters and email correspondences, financial records (including agreements and any associated documents with Partners and Subcontractors), required reports, and readiness and compliance documentation. The State reserves the right to audit all Grantee, Partner, and Subcontractor records for this project, as stated below.
i. Grantee must establish a separate ledger account for receipts and expenditures of grant funds and maintain expenditure details in accordance with the attached Budget and Schedule of Deliverables. Separate bank accounts are not required. Grantee must maintain financial records of expenditures incurred during the TCC Project in accordance with generally accepted accounting principles, including leverage funding that may be required.
ii. Grantee must maintain documentation of its normal procurement policy and competitive bid process (including the use of sole source purchasing). iii. Partners and Subcontractors paid with moneys under the terms of this Grant Agreement must maintain all records as specified. Grantee maintains responsibility for ensuring that Partners and Subcontractors comply with the requirements above.

23. Records
Grantee agrees that all data, plans, drawings, specifications, reports, computer programs, operating manuals, notes and other written or graphic work produced in the performance of this Grant Agreement will be in the public domain to the extent to which release of such materials is required under the California Public Records Act (Cal. Gov’t Code § 7920 et seq.). Grantee may disclose, disseminate, and use in whole or in part, any final form data and information received, collected, and developed under this Grant Agreement, subject to appropriate acknowledgement of credit to the State for financial support as described in Section 53, Publicity. Grantee must 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 has the right to use any data described in this paragraph for any public purpose.

24. Audit and Record Retention
Grantee must ensure adequate protection for all records, physical and electronic, from loss, damage, or destruction for possible audit(s). Grantee agrees that the State or designated Docusign Envelope ID: 0C184C8C-CD24-40CD-B111-D05189987D42 Docusign Envelope ID: C7D9C98C-FD62-4D6B-9B66-E95AE5FD2EC4

Item 17.

Strategic Growth Council – Transformative Climate Communities Program Implementation Grant – Round 5 Grant Number: SGC23143, City of Coachella

EXHIBIT A - SCOPE OF WORK Part 2 – General Terms and Conditions representative will have the right during normal business hours to review and to copy any records and supporting documentation pertaining to the performance of this Grant Agreement and interview any employees who might reasonably have information related to such records.

Further, Grantee agrees to include a similar right of the State to audit records and interview staff of any Partners and Subcontractors related to the performance of this Grant Agreement. i. Grantee, Partners, and Subcontractors must maintain copies of project records four (4) years after the grant term, unless a longer period of records retention is stipulated. ii. The State retains the right to conduct an audit each year during the grant term and up to four (4) years after the grant term. Audits may include, but are not limited to, inspections of project records; ownership and usage records of equipment, vehicles, and infrastructure; and maintenance records of equipment, vehicles, and infrastructure. iii. The State may require recovery of payment from Grantee, issue a Stop Work Order or terminate the Grant Agreement, as warranted, based on an audit finding, or any other remedies available in law or equity.

25. Compliance
Grantee must fully comply with all applicable federal, state, and local laws, ordinances, regulations, plans, and design standards. Grantee must secure any new permits or licenses required by authorities having jurisdiction over the Project Area and maintain all presently required permits. Grantee must ensure that any applicable requirements of the California Environmental Quality Act are met in order to carry out the terms of this Grant Agreement.

Grantee must promptly provide evidence of such compliance if requested by the State.

Additionally, Grantee certifies that it currently is not and will not become:
i. In violation of any order or resolution subject to review promulgated by CARB or an air pollution control district;
ii. Subject to a cease-and-desist order subject to review issued pursuant to Section 13301 of the California Water Code for violation of waste discharge requirements or discharge prohibitions; or
iii. Determined to be in violation of provisions of federal law relating to air or water pollution.

Grantee must ensure that Partners and Subcontractors comply with all terms in this section with respect to the TCC Project.

26. Insurance
i. A Grantee or Lead Entity that is a governmental organization may provide evidence of sufficient self-insurance to satisfy the insurance requirements below. ii. If Grantee or Lead Entity is not a governmental organization or is unable to provide evidence of sufficient self-insurance, then the following are the insurance requirements:
a. Grantee must ensure the following insurance policies are obtained and kept in force through the Project Completion Period for each project, with no lapses in coverage, that cover any acts or omissions of Grantee and its employees engaged in carrying out any tasks specified in this Grant Agreement:

Docusign Envelope ID: 0C184C8C-CD24-40CD-B111-D05189987D42 Docusign Envelope ID: C7D9C98C-FD62-4D6B-9B66-E95AE5FD2EC4

Item 17.

Strategic Growth Council – Transformative Climate Communities Program Implementation Grant – Round 5 Grant Number: SGC23143, City of Coachella

EXHIBIT A - SCOPE OF WORK Part 2 – General Terms and Conditions (i) Worker’s Compensation Insurance in an amount of not less than the statutory requirement of the State of California.
(ii) Commercial general liability insurance in an amount of not less than $1,000,000 per occurrence for bodily injury and property damage combined. (iii) Motor vehicle liability with limits in an amount not less than $1,000,000 per accident for bodily injury and property damage combined. Such insurance must cover liability arising out of a motor vehicle including owned, hired, and nonowned motor vehicles. b. Insurance policies must name the State of California, its officers, agents, employees and servants as additional insured parties for the commercial general liability and automobile liability insurance but only with respect to work performed under the Grant Agreement. Grantee is responsible for guaranteeing that a copy of each Certificate of Insurance is submitted to SGC within sixty (60) calendar days of the Grant Agreement signature. The grant number must be included on each submitted Certificate of Insurance.
iii. Grantee must notify SGC prior to any insurance policy cancellation or substantial change of policy, including lapse of coverage, change in coverage amount, or change in carrier. iv. Grantee must notify SGC if any Partners or subcontractors are not in compliance with the insurance requirements above. If any Partners or subcontractors are out of compliance, SGC reserves the right to issue a Stop Work Order, until resolved, as described below. v. Grantee is responsible for determining the appropriate level of insurance, if any, for its Partners or subcontractors.

27. Computer Software
Grantee must ensure that the appropriate systems and controls are in place so that funds under this Grant Agreement will not be used for the acquisition, operation, or maintenance of computer software in violation of copyright laws.

28. Personally Identifiable Information
Information or data, including but not limited to all records and supporting documentation that personally identifies an individual or individuals is confidential in accordance with California Civil Code Sections 1798, et seq. and other relevant state or federal statutes and regulations.

Grantee must ensure that all such information or data that comes into possession under this Grant Agreement is appropriately safeguarded in perpetuity, and must not release or publish any such information, data, or records.

29. Ownership
i. Deliverables:

Grantee hereby grants to the State a royalty-free, nonexclusive, transferable, world-wide license to reproduce, translate, and distribute copies of any and all materials it produces pursuant to this Grant Agreement, for nonprofit, non-commercial purposes, and to have or permit others to do so on the State’s behalf.
ii. Equipment:

Docusign Envelope ID: 0C184C8C-CD24-40CD-B111-D05189987D42 Docusign Envelope ID: C7D9C98C-FD62-4D6B-9B66-E95AE5FD2EC4

Item 17.

Strategic Growth Council – Transformative Climate Communities Program Implementation Grant – Round 5 Grant Number: SGC23143, City of Coachella

EXHIBIT A - SCOPE OF WORK Part 2 – General Terms and Conditions a. Purchase of equipment using grant funds is allowable only with prior approval by TCC Grant Manager.
b. Cost of equipment purchased shall be substantiated by purchase receipt. c. For any equipment purchased or built with funds that are reimbursable as a direct cost of the TCC Project, as determined by SGC, Grantee, Partner, or Subcontractor, as applicable, must be the sole owner on title.
d. If the funds are used to purchase equipment that costs $5,000 or more, each such piece of equipment is “grant-funded equipment.”
e. Each grant-funded equipment must be dedicated to the described use in the same proportion and scope as was in the Grant Agreement, unless SGC agrees otherwise in writing, during the useful life of the equipment.
f. If the owner of the grant-funded equipment determines that it no longer has need for the grant-funded equipment before the end of the equipment’s useful life, the owner shall donate the grant-funded equipment to a public entity or nonprofit organization that will use the grant-funded equipment for purposes that are similar to the purpose intended in the Grant Agreement or to a public entity or nonprofit that serves the project area.
g. For the duration of the useful life of each grant-funded equipment, the grantee shall maintain a record identifying each grant-funded equipment, the expected useful life of each item, and the ultimate disposition (disposal or donation). The requirements of this section will survive termination of this agreement.
h. The cost to lease equipment to use in the grant project area may be charged to the grant. Cost of leased equipment charged to the grant must be substantiated with receipts identifying equipment was leased, lease rate and total cost. i. Use of equipment owned by the Grantee may be charged to the grant at a rate set by the California Department of Transportation Labor Surcharge and Equipment Rental Rate Guide. Use of Grantee equipment must be substantiated with an equipment usage log that identifies the equipment used, rate, and total rental cost. A cost-benefit analysis to justify the cost of purchasing equipment versus leasing must be provided. j. Grantee will assume all risk including cost for maintenance, repair, loss, destruction, and damage to all equipment until disposition of equipment. SGC may, at its discretion, repair any damage or replace any lost or stolen items and deduct the cost thereof from Grantee’s invoice to the State, or require Grantee to repair or replace any damaged, lost, or stolen equipment to the satisfaction of SGC with no expense to the State.
k. In the event of theft, a report must be filed immediately with the California Highway Patrol (State Administrative Manual § 8643 [Lost, Stolen, or Destroyed Property]). l. Grantee must maintain an inventory record for grant-funded equipment purchased or built with funds provided under this Grant Agreement. In addition, items of grantfunded equipment or supplies that are prone to theft, loss, and misuse and may contain sensitive data (e.g., computers, printers, smartphones, tablets, cameras, GPS Docusign Envelope ID: 0C184C8C-CD24-40CD-B111-D05189987D42 Docusign Envelope ID: C7D9C98C-FD62-4D6B-9B66-E95AE5FD2EC4

Item 17.

Strategic Growth Council – Transformative Climate Communities Program Implementation Grant – Round 5 Grant Number: SGC23143, City of Coachella

EXHIBIT A - SCOPE OF WORK Part 2 – General Terms and Conditions devices, etc.) costing less than $5,000 must be inventoried. Details on the inventory record are to be provided in the Implementation Grant Administration Guide. m. The Equipment Inventory Record must be updated annually and upon request. See Exhibit A, Section 11, Reporting Requirements, for more information. iii. Vehicles:
a. Grantee, Partner, or Subcontractor, as applicable, must be the sole owner of all vehicles acquired as part of TCC Project, including but not limited to, bicycles, cars, buses, vans, rail passenger equipment. During the Project Completion Period, vehicles must be dedicated to the described use in the same proportion and scope as was in the Grant Agreement, unless SGC agrees otherwise in writing. b. Vehicles acquired for purposes of public transit must be maintained in a state of good repair and dedicated to that public transportation use for their full useful life, which, for the purpose of this Grant Agreement, will be determined in accordance with standard State and national transit practices and applicable rules and guidelines, including any extensions of that life cycle achievable by reconstruction, rehabilitation, or enhancements. If the ownership or use of the vehicles change to a use not in accordance with the Grant Agreement, Grantee may be required to reimburse the State for their fair market value.
c. Vehicles acquired for general project work (i.e., work trucks) must be maintained in a state of good repair for their full useful life, which, for the purpose of this Grantee Agreement, will be determined in accordance with standard State practices. If the ownership or use of the vehicles change to a use not in accordance with the Grant Agreement, Grantee may be required to reimburse the State for their fair market value. iv. Infrastructure:
a. Grantee, Partner, or Subcontractor, as applicable, must ensure all necessary rights of way, property ownership, or leases have been secured prior to construction. Purchases of all real property required for the TCC Project must be free and clear of liens, conflicting easements, obstructions, and encumbrances. Any property acquisition by Grantee must not involve eminent domain proceedings or threat of eminent domain proceedings. Grantee must record deed restrictions on TCC Project property, as applicable.
b. For any rights of way, real and personal property, leases, improvements, and infrastructure funded as a reimbursable direct cost of the TCC Project, the Grantee, Lead Entity, or another public agency or subcontractor as approved in writing by the TCC Grant Manager, must be the sole owner of the title or leasehold. The foregoing sentence notwithstanding, dispersed improvements such as those made under the Solar Installation, Energy Efficiency and Appliance Electrification Strategy may be made on private real property. Each site acquired or improved upon with funding provided under this Grant Agreement must remain permanently dedicated to the described use in the same proportion and scope as was in the Grant Agreement, unless SGC agrees otherwise in writing. If the ownership or use of the property changes to a use not in accordance with the Grant Agreement, Grantee may be required to reimburse the State in a manner determined by SGC.

Docusign Envelope ID: 0C184C8C-CD24-40CD-B111-D05189987D42 Docusign Envelope ID: C7D9C98C-FD62-4D6B-9B66-E95AE5FD2EC4

Item 17.

Strategic Growth Council – Transformative Climate Communities Program Implementation Grant – Round 5 Grant Number: SGC23143, City of Coachella

EXHIBIT A - SCOPE OF WORK Part 2 – General Terms and Conditions c. Grantee, Partner, or Subcontractor, as applicable, is obligated to continue operation and maintenance of the physical aspects of the TCC Project for its full useful life, which, for the purpose of this Grant Agreement, includes any extensions of that life achievable by reconstruction, rehabilitation or enhancements, in accordance with the described use in the same proportion and scope as in the Grant Agreement, unless SGC, Grantee, Partner, or Subcontractor (as applicable) agrees otherwise in writing.

Grantee may be excused from its obligations for operation and maintenance of the Project site only upon written approval from SGC. The TCC Project and its facilities must be maintained, supervised, and inspected by adequate and well-trained staff and/or professionals and technicians as the project reasonably requires. v. Debt Security:

Grantee will not use or allow the use of any portion of real property purchased solely with TCC grant funds as security for any debt. This debt financing prohibition is not applicable to the Affordable Housing Development Capital Projects under the Equitable Housing and Neighborhood Development Strategy.

30. Non-Performance
SGC has sole discretion to determine if Grantee is performing in accordance with the Grant Agreement. Non-performance may be determined for an individual Project, Transformative Plan, the entire TCC Project, or a task within an individual Project or Transformative Plan. Nonperformance issues can include but are not limited to: misuse of funding for ineligible expenses, actual or projected inability to meet performance requirements or scheduled milestones, failure to complete or failure to make a good faith effort to complete the TCC Project as a whole or any TCC Project Components, including ensuring Stand-alone Leverage Projects adhere to the TCC Partnership Agreement, and/or failure to comply with the terms of this Grant Agreement.
i. SGC will notify Grantee in writing if non-performance is determined and will provide instructions and a timeline to rectify all cases of non-performance. ii. Grantee must respond to a determination of non-performance within thirty (30) calendar days by either a) proposing corrective actions, or b) disputing SGC’s findings in writing. iii. SGC, without waiver of other rights or remedies, may require Grantee to re-perform any actions not in accordance with this Grant Agreement. SGC may withhold any payments due to Grantee until the individual project or TCC Project is brought back into full compliance. Costs and expenses for these actions will be borne by the applicable Grantee, Partner, or Subcontractor.
iv. If Grantee fails to correct any non-performance to SGC’s satisfaction, SGC may elect to terminate the entire Grant Agreement or any part thereof. Grantee may be liable for immediate repayment to SGC of all amounts disbursed by SGC under this Grant Agreement for the individual Project, Transformative Plan, the entire TCC Project, or a task within an individual Project or Transformative Plan as applicable and only if nonperforming. SGC may, at its sole discretion, examine the extent of Grantee compliance for work partially completed and determine costs eligible for reimbursement. This paragraph will not be deemed to limit any other remedies available to SGC for breach of this Grant Agreement.

Docusign Envelope ID: 0C184C8C-CD24-40CD-B111-D05189987D42 Docusign Envelope ID: C7D9C98C-FD62-4D6B-9B66-E95AE5FD2EC4

Item 17.

Strategic Growth Council – Transformative Climate Communities Program Implementation Grant – Round 5 Grant Number: SGC23143, City of Coachella

EXHIBIT A - SCOPE OF WORK Part 2 – General Terms and Conditions v. Upon termination by SGC, Grantee must deliver all invoices, reports, and other deliverables required by this Grant Agreement up to the time of termination. Grantee must deliver all materials within sixty (60) calendar days of the termination date.

31. Disputes
SGC has sole discretion to determine if an invoice, report, deliverable, or other supporting documentation is sufficient and complete, per the Grant Agreement, TCC or AHSC Guidelines, and/or any other statutory requirement. All dispute, resolution, and appeal statements must be signed by the appropriate Authorized Signatory or Designee. i. SGC will notify Grantee in writing if any materials are determined to be insufficient or incomplete within fifteen (15) working days of receiving the materials. a. Grantee must respond in writing within fifteen (15) working days with either a) materials requested by the SGC, or b) a written statement disputing SGC’s findings. ii. Grantee has fifteen (15) working days to submit a written dispute statement to the TCC Grant Manager. The dispute statement must contain a concise description of the dispute, along with any supporting documentation.
a. Grantee and relevant parties must attempt to negotiate a resolution to the dispute. b. SGC will present a dispute resolution within fifteen (15) working days of receiving Grantee’s dispute statement.
iii. Grantee has fifteen (15) working days to appeal a dispute resolution. Grantee must submit a written appeal statement to SGC. The appeal statement must contain a concise description of the appeal, along with any supporting documentation. a. Grantee and relevant parties must attempt to negotiate a resolution to the appealed dispute.
b. SGC will respond to the appeal statement within fifteen (15) working days of receiving Grantee’s appeal statement.
iv. If Grantee wants to further appeal a dispute resolution after undergoing both the dispute and appeal process, Grantee must submit a further appeal statement to the Government Claims Program at the Department of General Services, the final administrative forum for resolution of the dispute.
v. During a dispute, Grantee must observe any Stop Work Orders put into effect until the dispute is resolved.

32. Stop Work Order
SGC has the right to issue a Stop Work Order for an individual Project, Transformative Plan, or the entire TCC Project and suspend payments to Grantee. SGC reserves the right to issue a Stop Work Order if there is a breach in the leverage funding commitments or a determination of nonperformance that put components of the TCC Project at risk of not being completed. i. Immediately upon receiving a Stop Work Order written notice, Grantee must cease all work under the individual project or TCC Project. The Stop Work Order will be in effect until resolution is reached or until the project is terminated.

Docusign Envelope ID: 0C184C8C-CD24-40CD-B111-D05189987D42 Docusign Envelope ID: C7D9C98C-FD62-4D6B-9B66-E95AE5FD2EC4

Item 17.

Strategic Growth Council – Transformative Climate Communities Program Implementation Grant – Round 5 Grant Number: SGC23143, City of Coachella

EXHIBIT A - SCOPE OF WORK Part 2 – General Terms and Conditions a. SGC may require corrective actions from Grantee.
b. The individual project or TCC Project may be terminated by means of an amendment. ii. Any costs incurred after the issuance of a Stop Work Order will not be reimbursed. Costs and expenses for these actions will be borne by Grantee. Work may resume only upon written SGC notification that the Stop Work Order has ended.

If Grantee issues a Stop Work Order to a Partner, or if Grantee and/or Partners issue a Stop Work Order to any Subcontractors, they must notify SGC within ten (10) working days of issuing the order.

33. Health Impacts
If SGC has a reasonable concern about the public health impact of a Project Component, SGC may require Grantee to further study and mitigate the impact as directed by SGC. Section 13 of this Agreement, Payment Provisions, notwithstanding, Grantee may request any required study and mitigation to be considered an eligible cost for reimbursement based on the fiscal inability of the entity required to perform the directed work.

34. Termination for Convenience
Both SGC and Grantee have the right to terminate this Grant Agreement prior to the end of the grant term upon thirty (30) calendar days of written notice. The written notice must specify the reason for early termination and may permit SGC or Grantee to rectify any deficiency(ies) prior to the termination date.
i. Conditions of early termination:
a. Upon any termination, Grantee must deliver all invoices, reports, and other deliverables required by this Grant Agreement up to the time of termination. Grantee must deliver all materials within sixty (60) calendar days of the termination date. b. Upon receipt of notice from SGC of Termination for Convenience, Grantee shall immediately take action to ensure neither it nor any Partner or Subcontractor incur any additional obligations, costs or expenses, except as may be reasonably necessary to terminate its activities.
c. SGC will examine the extent of Grantee compliance for work partially completed and reasonably determine costs eligible for reimbursement based on final invoices submitted and compliance with this Grant Agreement.
d. If SGC elects to terminate the Grant Agreement under this section, but all aspects of Affordable Housing Development Capital Projects and Housing Related Infrastructure are otherwise found to be in compliance, SGC shall independently fulfill its obligations as to the Affordable Housing Development Capital Projects and Housing Related Infrastructure.
ii. The rights and remedies of the SGC and Grantee provided in this Section shall not be exclusive and are in addition to any other rights and remedies provided by law or under this Grant Agreement.

Docusign Envelope ID: 0C184C8C-CD24-40CD-B111-D05189987D42 Docusign Envelope ID: C7D9C98C-FD62-4D6B-9B66-E95AE5FD2EC4

Item 17.

Strategic Growth Council – Transformative Climate Communities Program Implementation Grant – Round 5 Grant Number: SGC23143, City of Coachella

EXHIBIT A - SCOPE OF WORK Part 2 – General Terms and Conditions

35. Governing Law and Venue
This Grant Agreement will be governed by the laws of the State of California without regard to conflicts of law principles. Venue will be in Sacramento County, California.

36. Grantee Independence/Not an Agent of the State
Grantee, and its employees, agents, Subcontractors, and Partners, in their performance of this Grant Agreement, must act in an independent capacity and not as officers or employees or agents of the State.

37. Indemnification
Grantee agrees to indemnify, defend (with counsel reasonably approved by the State) and hold harmless the State, its employees, officers or agents from and against any and all third-party claims, injury, damages, liability, loss or attorneys’ fees arising out of or in connection with the subject matter, terms or performance of this Grant Agreement, and from any suit, proceeding or challenge against the State and its employees, officers or agents by a third party alleging that by virtue of the terms of this Grant Agreement, the State and its employees, officers or agents have done any wrongful act or breached any representation, whether based on a claim in contract, tort or otherwise, excepting gross negligence and intentional misconduct.

38. Waiver
Grantee waives any and all rights to any type of express or implied indemnity or right of contribution from the State, officers, agents or employees, for any liability arising from, growing out of, or in any way connected with this Grant Agreement. Grantee waives all claims and recourses against the State, including the right to contribution for loss or damage to persons or property arising from, growing out of or in any way connected with or incident to this Grant Agreement, except claims arising from the gross negligence and intentional misconduct of the State, its officers, agents, and employees. None of the provisions of this Grant Agreement will be deemed waived unless expressly waived in writing. No waiver or any breach of the Grant Agreement shall be held to be a waiver of any prior or subsequent breach.

The failure of SGC to enforce at any time the provisions of this Grant Agreement or to require at any time performance by Grantee of these provisions shall in no way be construed to be a waiver of such provisions nor affect the validity of this Grant Agreement or the right of SGC to enforce these provisions.

39. No Third-Party Beneficiaries
This Grant Agreement is not intended for the benefit of any person or entity other than the Parties, and no one other than the Parties themselves may enforce any of the rights or obligations created by this Grant Agreement.

40. Force Majeure
Neither the State nor Grantee will be responsible hereunder for any delay, default, or nonperformance of this Grant Agreement, to the extent that such delay, default, or nonperformance is caused by an act of God, weather, accident, enemy or hostile governmental action, civil commotion, strikes, lockouts, labor disputes, fire or other casualty, or other contingencies unforeseen by the State or Grantee, its Partners, Subcontractors, or vendors, and beyond the reasonable control of such party.

Docusign Envelope ID: 0C184C8C-CD24-40CD-B111-D05189987D42 Docusign Envelope ID: C7D9C98C-FD62-4D6B-9B66-E95AE5FD2EC4

Item 17.

Strategic Growth Council – Transformative Climate Communities Program Implementation Grant – Round 5 Grant Number: SGC23143, City of Coachella

EXHIBIT A - SCOPE OF WORK Part 2 – General Terms and Conditions

41. Expatriate Corporations
Grantee hereby declares that it is not an expatriate corporation or subsidiary of an expatriate corporation within the meaning of Public Contract Code Section 10286 and 10286.1, and is eligible to contract with the State of California.

42. Corporation Qualified to do Business in California
When work under this Grant Agreement is to be performed in California by a corporation, the corporation must be in good standing and currently qualified to do business in the state. "Doing business" is defined in Revenue and Taxation Code Section 23101 as actively engaging in any transaction for the purpose of financial or pecuniary gain or profit.

43. Certificate of Compliance with Russia Sanctions
Per Executive Order N-6-22, all contractors and grantees that have agreements valued at $5 million or more with agencies or departments subject to the California Governor’s authority are directed to report their compliance with economic sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as sanctions imposed under state law, if any. Grantees subject to the certification requirement should carefully review the Executive Order and the economic sanctions imposed in response to Russia’s actions in Ukraine, including, but not limited to, the federal executive orders identified in Executive Order N-6-22, sanctions identified by the U.S. Department of the Treasury, and sanctions imposed under state law, if any. A certification of compliance, included as Attachment D-10, must be returned to SGC prior to any disbursement of grant funds.

Additionally, should SGC at any time determine 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. SGC shall provide Grantee advance written notice of such termination, allowing Grantee at least 30 calendar days to provide a written response.

Termination shall be at the sole discretion of the SGC.”

44. Self-Dealing and Arm’s Length Transactions
All expenditures for which reimbursement pursuant to this Grant Agreement is sought must be the result of arm’s-length transactions and not the result of, or motivated by, self-dealing on the part of Grantee or any employee or agent of Grantee.

45. Relocation
If a project is subject to State Relocation Law and a relocation plan is required by State Relocation Law (Gov. Code, § 7260 et seq.) and Section 6038 of the Relocation Assistance and Real Property Guidelines (25 Cal. Code of Regulations, div. 1, ch. 6, § 6000 et seq.) for the Project Area, Grantee must provide a copy of the relocation plan.

46. Americans with Disabilities Act
Grantee certifies that itself, its Partners, and Subcontractors comply with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines pursuant to the ADA (42 U.S.C. 12101 et seq.).

Docusign Envelope ID: 0C184C8C-CD24-40CD-B111-D05189987D42 Docusign Envelope ID: C7D9C98C-FD62-4D6B-9B66-E95AE5FD2EC4

Item 17.

Strategic Growth Council – Transformative Climate Communities Program Implementation Grant – Round 5 Grant Number: SGC23143, City of Coachella

EXHIBIT A - SCOPE OF WORK Part 2 – General Terms and Conditions

47. Non-discrimination Clause
During the performance of this Grant Agreement, Grantee, Partners, and Subcontractors will not unlawfully discriminate, harass, or allow harassment against any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor will they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status.

Grantee, Partners, and Subcontractors must ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment.

Grantee, Partners, and Subcontractors must comply with the provisions of the Fair Employment and Housing Act (Gov. Code, § 12990 et seq.) and the applicable regulations promulgated there under (Cal. Code Regs., title 2, § 11005 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a)-(f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Grant Agreement by reference and made a part hereof as if set forth in full. Grantee must ensure that itself, Partners, and Subcontractors give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other grant agreement.

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

48. Drug-Free Workplace Certification
Grantee certifies that it will provide a drug-free workplace to employees of Grantee, Partners, and Subcontractors by taking the following actions:
i. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited in the organization’s workplace and specifying the actions that will be taken against employees for violations of the prohibition.
ii. Establish a drug-free awareness program to inform employees about:
a. The dangers of drug abuse in the workplace;
b. The organization's policy of maintaining a drug-free workplace; c. Any available counseling, rehabilitation, and employee assistance programs; and, d. Penalties that may be imposed upon employees for drug abuse violations. iii. Every employee who works on the Grant Agreement must:
a. Receive a copy of the company's drug-free workplace policy statement; and, b. Agree to abide by the terms of the company's statement as a condition of employment on the Grant Agreement.

Docusign Envelope ID: 0C184C8C-CD24-40CD-B111-D05189987D42 Docusign Envelope ID: C7D9C98C-FD62-4D6B-9B66-E95AE5FD2EC4

Item 17.

Strategic Growth Council – Transformative Climate Communities Program Implementation Grant – Round 5 Grant Number: SGC23143, City of Coachella

EXHIBIT A - SCOPE OF WORK Part 2 – General Terms and Conditions

49. Child Support Compliance Act
Grantee recognizes the importance of child and family support obligations and must 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 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.

50. Environmental Justice
In the performance of this Grant Agreement, Grantee must conduct its programs, policies, and activities that substantially affect human health or the environment in a manner that ensures the fair treatment of people of all races, cultures, and income levels, including minority populations and low-income populations of California, consistent with Government Code section 65040.12, subdivision (e).

51. Union Organizing
By signing this Grant Agreement, Grantee hereby acknowledges the applicability of Government Code Sections 16645, 16645.2, 16645.8, 16646, 16647, and 16648 to this Grant Agreement and hereby certifies that:
i. No grant funds disbursed by this Grant Agreement will be used to assist, promote, or deter union organizing by employees performing work under this Grant Agreement. ii. If Grantee makes expenditures to assist, promote, or deter union organizing, Grantee must maintain records sufficient to show that no state funds were used for those expenditures, and that Grantee must provide those records to the Attorney General upon request.

52. Prevailing Wages and Labor Compliance
Grantee certifies that it will comply with all prevailing wage requirements under California law, pursuant to Section 1720 et seq. of the California Labor Code. The California Labor Code requires payment of locally prevailing wages to workers and laborers on state government contracts in excess of $1,000 for public works projects. A “public work” is the construction, alteration, demolition, installation, repair, or maintenance work done under contract and paid for in whole or in part out of public funds. The definition applies to private contracts when certain conditions exist. Grantee can identify additional stipulations and exceptions under Cal.

Labor Code § 1720 et seq.
i. Grantee must ensure the following on “public work” activities under this Grant Agreement:
a. Prevailing wages are paid;
b. The project budget and invoices for labor reflects these prevailing wage requirements, or if exempt, provide the applicable exemption to SGC with the project budget; and c. The project complies with all other requirements of prevailing wage law including but not limited to keeping accurate payroll records and complying with all working hour requirements and apprenticeship obligations.

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Item 17.

Strategic Growth Council – Transformative Climate Communities Program Implementation Grant – Round 5 Grant Number: SGC23143, City of Coachella

EXHIBIT A - SCOPE OF WORK Part 2 – General Terms and Conditions ii. Grantee must ensure that its Partners and Subcontractors, if any, also comply with prevailing wage requirements. Grantee must ensure that all agreements with its Partners and Subcontractors to perform work related to the TCC Project contain the above terms regarding payment of prevailing wages on public works projects. iii. The Department of Industrial Relations (DIR) is the primary resource for consultation on the requirements of California prevailing wage law.
a. Grantee can identify the rates for prevailing wage on the DIR website at http://www.dir.ca.gov. Grantee may contact DIR for a list of covered trades and the applicable prevailing wage.
b. If Grantee is unsure whether the TCC Project or individual projects receiving this award is a “public work” as defined in the California Labor Code, it may wish to seek a timely determination from the DIR or an appropriate court.
c. If Grantee has questions about this contractual requirement, recordkeeping, apprenticeship or other significant requirements of California prevailing wage law, it is recommended Grantee consult DIR and/or a qualified labor attorney before accepting this grant award.

53. Publicity
Grantee should acknowledge SGC in publications, websites, signage, invitations, and other media and public outreach products related to the TCC grant. SGC staff will provide SGC logo files and guidance on their usage directly to Grantee. Grantee agrees to follow the TCC Grantee Publicity Guidelines provided by SGC (Attachment D-8). If Grantee is planning an event or announcement, needs sample materials, or needs assistance or advice regarding digital or print materials, press, social media, and/or general communications, please don’t hesitate to contact your TCC Grant Manager.

A. Long-Form Materials
Long-form written materials are those that are more than 1,000 words in length, such as reports, should include the following standard language about SGC and TCC:

The Transformative Climate Communities (TCC) Program funds community-led development and infrastructure projects that achieve major environmental, health and economic benefits in California’s most disadvantaged communities. TCC empowers the communities most impacted by pollution to choose their own goals, strategies, and projects to enact transformational change – all with data-driven milestones and measurable outcomes. This program is administered by the California Strategic Growth Council (SGC) which coordinates the activities of State agencies and partners with stakeholders to promote sustainability, economic prosperity, and quality of life for all Californians. www.sgc.ca.gov.

B. Short-Form Materials
Press Releases, Flyers, Social Media Posts, and Visual Materials: Any informational materials that do not qualify as long-form (less than 1,000 words), but include at least a paragraph of text, should include following language:

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Item 17.

Strategic Growth Council – Transformative Climate Communities Program Implementation Grant – Round 5 Grant Number: SGC23143, City of Coachella

EXHIBIT A - SCOPE OF WORK Part 2 – General Terms and Conditions “[Project Name] is supported by California Strategic Growth Council’s Transformative Climate Communities program with funds from California’s General Fund.

Grantee may at times produce promotional materials that are primarily visual in nature, such as banners, signage, certain flyers, and sharable images for social media. In such cases, when including the above boilerplate language acknowledging SGC support is not practical, Grantee should instead include the official logo of SGC, preceded by the words “Funded by.”
See TCC Grantee Publicity Guidelines, Attachment D-8, for approved tags.

54. Right to Publish
i. Subject to any restrictions on the publication, disclosure, dissemination and use of data or information set forth in this Agreement or under any applicable law, Grantee shall have the right to publish, disclose, disseminate, and use, in whole and in part, any data and information received or developed under this Agreement. ii. Grantee shall ensure that publications, presentations, and other public releases resulting from work performed under this Agreement are provided to the State for review at least thirty (30) calendar days prior to publication and will identify the proposed recipient(s).

During the first twenty (20) calendar days of such review period, the State may provide notice to the Grantee that it intends to rebut some or all aspects of the presentation, publication, or other media release. The State will then have thirty (30) calendar days from the date of notice to prepare and submit such rebuttal to the recipient(s) identified by the Grantee. Within the review period, the State may provide feedback to the Grantee; the Grantee will give good faith consideration to such feedback but has no obligation to make any changes in said material, other than the removal of any material whose disclosure is prohibited or restricted by this Agreement or by any applicable law. Any of the above referenced time periods maybe modified upon agreement of both Parties. Neither Party may unreasonably deny such requests. Terms & Conditions Required for State-Funded Research Grants
The Parties shall comply with the California Taxpayer Access to Publicly Funded Research Act (Government Code section 13989 et seq.), including but not limited to:
a. Grantee is responsible for ensuring that any publishing or copyright agreements concerning submittal of peer-reviewed manuscripts based on work performed under this Agreement fully comply with Government Code section 13989 et seq. b. For a peer-reviewed manuscript accepted for publication, Grantee shall ensure that the peer-reviewed manuscript be available no later than 12 months after the official date of publication on a publicly accessible repository approved by the State, including but not limited to:
(i) CSU ScholarWorks at the Systemwide Digital Library
(http://www.calstate.edu/library), or
(ii) UC California Digital Library (https://www.cdlib.org/), or (iii) PubMed Central (https://www.ncbi.nlm.nih.gov/pmc/).

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Item 17.

Strategic Growth Council – Transformative Climate Communities Program Implementation Grant – Round 5 Grant Number: SGC23143, City of Coachella

EXHIBIT A - SCOPE OF WORK Part 2 – General Terms and Conditions c. Grantee shall instruct the Principal Investigator to report to the State the final disposition of the peer-reviewed manuscript, including but not limited to:
(i) whether it was published,
(ii) where it was published,
(iii) when it was published,
(iv) when the 12-month period after publication expires; and (v) where the manuscript will be available for open access. d. The State shall retain information regarding all issued research grants that resulted in published works.

55. Copyrights
i. All rights in copyrightable works first created by Grantee in the performance of the Budget and Schedule of Deliverables, in B, under this Agreement are the property of Grantee.

Grantee shall grant the State a fully paid-up, royalty-free, nonexclusive, sublicensable, irrevocable license to use, reproduce, prepare derivative works, and distribute copies of the deliverables identified in Exhibit B, to fulfill the State’s government purposes. ii. Notwithstanding the above, if the purpose of the Budget and Schedule of Deliverables is specifically to create a copyrightable work for use by the State then all rights in such copyrightable work will be the property of the State, subject to a reserved right for Grantee to use the copyrightable work for educational and research purposes and to allow other educational and nonprofit institutions to do so for educational and research purposes. iii. SGC may make written requests for delivery of works first created in the performance of the Budget and Schedule of Deliverables, but which were not identified as deliverables. To the extent Grantee is legally able to do so, Grantee shall grant a fully paid-up, royalty-free, nonexclusive, sublicensable, irrevocable license to use, reproduce, prepare derivative works, and distribute copies, to fulfill the State’s government purposes.

56. Recycled Contents Products
Grantee must ensure each Lead Entity certify in writing under penalty of perjury, the minimum, if not exact, percentage of post-consumer material as defined in the Public Contract Code Section 12200, in products, materials, goods, or supplies offered or sold to the State regardless of whether the product meets the requirements of Public Contract Code Section 12209. With respect to printer or duplication cartridges that comply with the requirements of Section 12156(e), the certification required by this subdivision must specify that the cartridges so comply (Pub. Contract Code § 12205).

57. Severability
If a court of competent jurisdiction holds any provision of this Grant Agreement to be unlawful, unenforceable, or invalid in whole or in part for any reason, such provisions will be severed without affecting any other provision of this Grant Agreement. The validity and enforceability of the remaining provisions, or portions of those provisions, will not be affected.

Docusign Envelope ID: 0C184C8C-CD24-40CD-B111-D05189987D42 Docusign Envelope ID: C7D9C98C-FD62-4D6B-9B66-E95AE5FD2EC4

Item 17.

Strategic Growth Council – Transformative Climate Communities Program Implementation Grant – Round 5 Grant Number: SGC23143, City of Coachella

EXHIBIT A - SCOPE OF WORK Part 2 – General Terms and Conditions

58. Terms that Survive Grant Agreement
The following Sections survive the termination or expiration of the Grant Agreement: 4, 15, 19, 20, 21, 22, 23, 24, 26, 28, 35, 36, 37, 52, 54, 55, 56, and 58.

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Item 17.

Strategic Growth Council – Transformative Climate Communities Program Implementation Grant – Round 5 Grant Number: SGC23143, City of Coachella

EXHIBIT B – BUDGET AND SCHEDULE OF DELIVERABLES
EXHIBIT B – BUDGET AND SCHEDULE OF DELIVERABLES
Total Awarded Grant Funds
The total amount awarded for this grant will not exceed Twenty-Two Million, One Hundred and Twenty-Five Thousand Dollars and Zero Cents ($22,125,000.00).

Total Leverage Funds
The total leverage funds for this grant will equal no less than Thirty-Six Million, Six Hundred and Eighty-Seven Thousand, Eight Hundred and Thirty-Two Dollars and Fifty-Eight Cents ($36,687,832.58).

Summary Budget
TCC Project Component Lead Entity Grant Funds Leverage Funds Grantee Costs City of Coachella $1,106,250.00 $0.00
#1 - Sixth Street Apartments
Chelsea Investment
Corporation
$7,700,000.00 $36,047,919.00
#2 – Shared Mobility LEAP/Bound $955,680.00 $124,900.00 #3 – Bagdouma Wellness Hub City of Coachella $3,091,718.00 $0.00 #4 – Coachella Energy for All GRID $1,986,514.95 $125,000.00 #5 - Coachella Urban Greening Project City of Coachella $774,757.00 $0.00 #6 - Connecting Coachella City of Coachella $737,256.00 $0.00 #7- Sierra Vista Park City of Coachella $655,330.00 $0.00 #8 – Avenue 53 Tot Lot City of Coachella $655,012.00 $24,900.00 #9 - Veterans’ Park and Dateland Park City of Coachella $908,997.00 $60,000.00 Community Engagement Plan Alianza Coachella Valley $1,106,250.00 $0.00 Workforce Development and Economic Opportunities Plan
Center for Employment
Training/SCMF/UCC
$1,119,735.05 $305,113.58
Displacement Avoidance Plan
Kounkuey Design Initiative
(KDI)
$663,750.00 $0.00
Indicator Tracking Plan UC Berkeley Disaster Lab $663,750.00 $0.00 TCC Project Total $22,125,000.00 $36,687,832.58
Special Conditions of Funding:

1.) City to provide updated Project Area map.

2.) See individual work plans for additional special readiness and reimbursement conditions Docusign Envelope ID: 0C184C8C-CD24-40CD-B111-D05189987D42 Docusign Envelope ID: C7D9C98C-FD62-4D6B-9B66-E95AE5FD2EC4

Item 17.

Strategic Growth Council – Transformative Climate Communities Program Implementation Grant – Round 5 Grant Number: SGC23143, City of Coachella

EXHIBIT B – BUDGET AND SCHEDULE OF DELIVERABLES
Budget and Schedule of Deliverables for Grantee
Grantee Costs
Description: Grantee will conduct all administration activities associated with this grant, including executing subrecipient agreements, coordinating with project partners, submitting bimonthly invoices and progress reports to SGC, completing all required annual and project completion reporting, updating the project website, and creating project marketing media materials.

Task Deliverable(s) Timeline Grant Funds Leverage Funds Task 1: Manage and Implement
Coachella Prospera

A. Assign Grant Managers from City of
Coachella to be the lead contact
through implementation
A: 2 FTE assigned to TCC Grant
including one Project Manager
Grant Term $1,106,250.00 $0.00
B. Oversee grant implementation B: 1) Summary of meetings with Coachella Prospera Partners
2) Photos of grant
implementation activities
3) Communications materials
C. Coordinate with Partners on
bimonthly and annual reporting and
invoicing requirements
C: 1) Bi-monthly Invoices and
Progress reports
2) Annual Reports
3) Project Completion Reports
4) Final Reports
D. Manage website and publicity
materials
D: 1) Documentation of active
Coachella Prospera website
2) Summary of bimonthly
publicity activities and
materials
Equipment (entire project) Grant Term $0.00 $0.00
Docusign Envelope ID: 0C184C8C-CD24-40CD-B111-D05189987D42 Docusign Envelope ID: C7D9C98C-FD62-4D6B-9B66-E95AE5FD2EC4

Item 17.

Strategic Growth Council – Transformative Climate Communities Program Implementation Grant – Round 5 Grant Number: SGC23143, City of Coachella

EXHIBIT B – BUDGET AND SCHEDULE OF DELIVERABLES
Grantee Costs
Lead Entity Indirect Costs Indirect costs consistent with the TCC guidelines and grant
agreement, at a rate approved
under this grant agreement.

Grant Term $0.00 $0.00
Grantee Costs Total $1,106,250.00 $0.00
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Item 17.

Strategic Growth Council – Transformative Climate Communities Program Implementation Grant – Round 5 Grant Number: SGC23143, City of Coachella

EXHIBIT B – BUDGET AND SCHEDULE OF DELIVERABLES
Project #1: 6th Street Senior Apartments Strategy: 1 - Equitable Housing and Neighborhood Development Lead Entity: Chelsea Investment
Corporation
Developer: Chelsea Investment Corporation
Project Description: 6th Street Senior Apartments is a 53-unit new construction senior project with 46 one-bedroom, 6 two-bedroom serving households with incomes ranging from 30-60 percent of Area Median Income (AMI), and one manager unit. Each unit will have standard appliances including, air conditioning, refrigerator, range, storage area, garbage disposal, balcony, and window coverings. On-site amenities include elevators, laundry facility, community room, community kitchen, computer room, high speed internet, and bicycle parking. Common areas such as the community room, community kitchen, and computer room will also include air conditioning. Off-site amenities, located within one half mile of the project include retail, social services, medical facilities, public parks, community center, public library, public schools, financial institutions, and a post office.

Project will achieve full electrification, earn LEED Gold Green Building status, is served by Qualifying Transit, provides 27 Secure Overnight Bicycle Parking spots, and has a verified net density of 59 units per acre.

Special Reimbursement Conditions: The $531,824 allocated to Sustainable Transportation Infrastructure (STI) and Programming (PGR) require Grantee and City of Coachella to conduct community engagement to identify needs and develop a new proposal and timeline for the additional project components. The proposal must follow AHSC funding guidelines and be approved by TCC Staff to be inserted in a grant agreement amendment prior to funds being expended.

AHD/HRI - Regarding the actual construction of housing and utilities, the Lead Entity must provide confirmation of 9% tax credits and an approved construction schedule within Year 1 of the grant. If this is not received, the feasibility of the project and allocated funds will be revisited.

Land Area: 0.9 acres Estimated Residential Rental Area: 31,719 sqft Number of Buildings: 1 Estimated Commercial Area: 4,742 sqft Project Budget Summary
Project Component Name Grant Funds Leverage Funds
AHSC AHD Budget 6th Street Senior Apartments $6,145,608.00 $36,047,919.00 AHSC HRI Budget 6th Street Senior Apartments $1,022,568.00 AHSC STI Budget 6th Street Senior Apartments $500,000.00 AHSC PGM Budget 6th Street Senior Apartments $31,824.00 Housing Project Total $7,700,000.00 $36,047,919.00
Docusign Envelope ID: 0C184C8C-CD24-40CD-B111-D05189987D42 Docusign Envelope ID: C7D9C98C-FD62-4D6B-9B66-E95AE5FD2EC4

Item 17.

Strategic Growth Council – Transformative Climate Communities Program Implementation Grant – Round 5 Grant Number: SGC23143, City of Coachella

EXHIBIT B – BUDGET AND SCHEDULE OF DELIVERABLES
Project #1: 6th Street Senior Apartments Strategy: 1 - Equitable Housing and Neighborhood Development $7,168,176.00 *AHD/HRI -
Amount for 25%
Draws below
Affordable Housing Development (AHD) and Housing Related Infrastructure (HRI) Budget Major Tasks Deliverables/Milestones Timeline Grant Funds Leverage Funds Task 1: Escrow Closing and 25% Construction Completion (AHD & HRI Draw Request) A. Secure bond allocation and 9%
tax credits from CDLAC and CTCAC
A: Resolution from CDLAC on
bond allocation and reservation
letter from CTCAC
Year 1 $1,792,044.00 $9,011,979.75
B: Prepare final construction
documents
B: Final Construction Documents
C. Close Escrow C: Closing Statement
D. Complete 25% of construction D: Construction documentation verifying that 25% of the
construction budget has been
expended with supporting invoices
and payment documentation
E. Submit draw request to SGC for
25% of TCC AHSC AHD & HRI funds
($1,792,044)
E: Submit 1st draw request for
25% of TCC AHSC AHD & HRI
funds ($1,792,044)
Task 2: 50% Construction Completion (AHD & HRI Draw Request) A. Complete 50% of construction A: Construction documentation verifying that 50% of the
construction budget has been
expended with supporting invoices
and payment documentation
Year 1 - 2 $1,792,044.00 $9,011,979.75
Docusign Envelope ID: 0C184C8C-CD24-40CD-B111-D05189987D42 Docusign Envelope ID: C7D9C98C-FD62-4D6B-9B66-E95AE5FD2EC4

Item 17.

Strategic Growth Council – Transformative Climate Communities Program Implementation Grant – Round 5 Grant Number: SGC23143, City of Coachella

EXHIBIT B – BUDGET AND SCHEDULE OF DELIVERABLES
B. Submit 2nd draw request for 25%
of TCC AHSC AHD & HRI funds
($1,792,044)
B: Submit 2nd draw request for
25% of TCC AHSC AHD & HRI
funds ($1,792,044)
Task 3: 75% Construction Completion (AHD & HRI Draw Request) A. Complete 75% of construction A: Construction documentation verifying that 75% of the
construction budget has been
expended with supporting invoices
and payment documentation
Year 2 -
year 3
$1,792,044.00 $9,011,979.75
B. Submit 3rd draw request for 25%
of TCC AHSC AHD & HRI funds
($1,792,044)
B: Submit 3rd draw request for
25% of TCC AHSC AHD & HRI
funds ($1,792,044)
Task 4: Project Completion (AHD & HRI)
Final 25% ($1,792,044) of the requested funds will be released upon receiving applicable documents listed below:
• Proposal for Management Agent.
• Management Agreement.
• Management Plan
• Rental Agreement, exhibits and HCD Lease Addendum.
• Appeal and grievance procedure.
• Initial proposed operating budget and explanation of budgeted costs (electronic version required).
• Schedule of Rental Income (electronic budget).
• Updated preliminary title report (less than 30 days old). • ALTA Land Title "As Built" Survey (SGC must be named as a party to the transaction within the signed Surveyor's Certificate).
• Partnership borrowers: all partnership agreement documents including amendments, LP-1, LP-2, loan authorization and certificate of status from Secretary of State.
• Corporate managing general partner or borrower: articles of incorporation, by-laws, resolution, certificate of status from the Secretary of State (SOS).

Year 3 $1,792,044.00 $9,011,979.75
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Item 17.

Strategic Growth Council – Transformative Climate Communities Program Implementation Grant – Round 5 Grant Number: SGC23143, City of Coachella

EXHIBIT B – BUDGET AND SCHEDULE OF DELIVERABLES
• Limited Liability Company managing general partner or borrower:
articles of organization, operating agreement, resolution, certificate of status from
the SOS.
• Documentation of Prevailing Wage Compliance.
• Certification of Completion.
• Architect's completion certificate.
• Statement from borrower certifying receipt of all construction warranty documents and an itemization of these documents.
• Temporary certificate of occupancy (Submit permanent certificate of occupancy to SGC upon completion; however, final payment will be not be contingent upon permanent certificate of occupancy). • Copy of recorded notice of completion.
• Final audited cost certification - signed.
• General Liability and Property Insurance copies.
• Recorded deed of trust.
• Signed checklist for jurisdiction’s checklist.

Project Total $7,168,176.00 $36,047,919.00
Affordable Housing Development & Housing Related Infrastructure Details A) Scope of Work
# of Bedrooms # of Units AHSC
Restricted
Income
Limit
(% of AMI)
Total
Unrestricted
Unit
Total Restricted
Units
1 17 0 60% 17
1 19 11 50% 19
1 10 10 30% 10
2 2 0 60% 2
2 3 3 50% 3
2 1 1 30% 1
Docusign Envelope ID: 0C184C8C-CD24-40CD-B111-D05189987D42 Docusign Envelope ID: C7D9C98C-FD62-4D6B-9B66-E95AE5FD2EC4

Item 17.

Strategic Growth Council – Transformative Climate Communities Program Implementation Grant – Round 5 Grant Number: SGC23143, City of Coachella

EXHIBIT B – BUDGET AND SCHEDULE OF DELIVERABLES
2 1 Manager 1 0
53 25 2.8 1 52
B) AHD & HRI Milestones
Performance Milestone Date
Executed binding agreement between the Sponsor and developer of the Project detailing the terms and conditions of the Project development. 11/1/2025
Ultimate Site Control of Project site(s). 7/5/2023
Completion of all necessary environmental clearances, including those required under CEQA and NEPA. 7/5/2023
Obtaining all necessary and discretionary public land use approvals. 7/5/2023 Obtaining all enforceable construction funding commitments. 6/1/2025 Obtaining all enforceable permanent funding commitments including substantially final permanent loan documents, and Tax Credit syndication documents. 11/1/2025 Submission of Final Construction Drawings and Specifications to the appropriate local building department or permitting authority. 5/1/2025
Commencement of construction. 11/1/2025
Construction complete and the filing of the Notice of Completion. 5/2/2027 Program funds fully disbursed. 12/31/2027
C) Overall Budget
USES OF FUNDS Total Residential
Sources/Costs
Total Commercial
Sources/Costs

LAND COST/ACQUISITION
Land Cost or Value $640,000.00
Total Land Cost / Acquisition Cost $665,000.00
Predevelopment Interest/Holding Cost $170,211.00
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Item 17.

Strategic Growth Council – Transformative Climate Communities Program Implementation Grant – Round 5 Grant Number: SGC23143, City of Coachella

EXHIBIT B – BUDGET AND SCHEDULE OF DELIVERABLES
Assumed, Accrued Interest on Existing Debt (Rehab/Acq)

NEW CONSTRUCTION
Site Work $1,002,317.00
Structures $14,023,258.00 $2,495,287.00
General Requirements $611,598.00
Contractor Overhead $458,699.00
Contractor Profit $1,070,297.00
General Liability Insurance
Urban Greening $200,000.00
Other New Construction: Demolition
Other New Construction: Environmental Remediation
Other New Construction: Commercial Warm Shell &
Associated Soft Costs
Total New Construction Costs $17,366,169.00 $2,495,287.00

ARCHITECTURAL FEES
Design $416,500.00
Supervision $100,000.00
Total Architectural Costs $516,500.00 $0.00
Total Survey & Engineering $417,000.00

CONSTRUCTION INTEREST & FEES
Construction Loan Interest $1,939,839.00
Origination Fee $1,000.00
Bond Premium
Cost of Issuance
Taxes
Insurance $367,053.00
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Item 17.

Strategic Growth Council – Transformative Climate Communities Program Implementation Grant – Round 5 Grant Number: SGC23143, City of Coachella

EXHIBIT B – BUDGET AND SCHEDULE OF DELIVERABLES
Other Construction Int. & Fees: Misc. Construction
Finance Costs $102,500.00
Other Construction Int. & Fees: Loan Costs $46,500.00
Total Construction Interest & Fees $2,456,892.00 $0.00

PERMANENT FINANCING
Loan Origination Fee $13,350.00
Other Perm. Financing Costs: Misc. Perm Finance Costs $5,000.00 Other Perm. Financing Costs: City of Coachella Loan Fee Total Permanent Financing Costs $18,350.00 $0.00
Subtotals Forward $21,610,122.00 $2,495,287.00

LEGAL FEES
Legal Paid by Applicant $240,000.00
Lender Legal $90,000.00
Financial App Consulting/Entitlement Consulting $605,000.00 Total Attorney Costs $605,000.00 $0.00

RESERVES
Operating Reserve $135,528.00
Additional Reserve $31,824.00
Total Reserve Costs $167,352.00 $0.00

CONTINGENCY COSTS
Construction Hard Cost Contingency $1,021,794.00
Soft Cost Contingency $229,294.00
Total Contingency Costs $1,251,088.00 $0.00

OTHER PROJECT COSTS
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Item 17.

Strategic Growth Council – Transformative Climate Communities Program Implementation Grant – Round 5 Grant Number: SGC23143, City of Coachella

EXHIBIT B – BUDGET AND SCHEDULE OF DELIVERABLES
TCAC App/Allocation/Monitoring Fees $119,342.00
Local Development Impact Fees $7,770,691.00
Permit Processing Fees $548,000.00
Marketing $65,000.00
Furnishings $25,000.00
Market Study $11,925.00
Accounting/Reimbursable $62,500.00
Appraisal Costs $7,500.00
Environmental Audit $23,000.00
Preconstruction Studies $22,075.00
GP Service Fee $25,000.00
Other Costs: Transit Passes
Other Costs: Permanent Relocation
Total Other Costs $8,680,033.00 $0.00
SUBTOTAL PROJECT COST $32,313,595.00 $2,495,287.00

DEVELOPER COSTS
Developer Overhead/Profit $2,500,000.00
Total Developer Costs $2,500,000.00 $0.00

HRI COSTS
Demolition
Erosion/Weed Control
TOTAL SITE PREPARATION COSTS $ - $ -
Sanitary Sewer
Potable Water
Non-Potable Water
Storm Drain
Other Site Utilities (Specify): PG&E Costs
TOTAL SITE UTILITIES COSTS $ - $ -
Docusign Envelope ID: 0C184C8C-CD24-40CD-B111-D05189987D42 Docusign Envelope ID: C7D9C98C-FD62-4D6B-9B66-E95AE5FD2EC4

Item 17.

Strategic Growth Council – Transformative Climate Communities Program Implementation Grant – Round 5 Grant Number: SGC23143, City of Coachella

EXHIBIT B – BUDGET AND SCHEDULE OF DELIVERABLES
Aggregate Base
Asphalt Pavement
Curb, Gutter, Sidewalk
Street Lights
Other Surface Improvements: Bioretention & Onsite
Parking, Including EV Charging Stations
TOTAL SURFACE IMPROVEMENTS COSTS $ - $ -
Irrigation
Landscaping
Playground Facilities and Tot Lots
Other Landscape and Amenities (Specify): Community
Garden
TOTAL LANDSCAPE AND AMENITIES $ - $ -
Environmental Remediation
TOTAL ENV. MITIGATION/REMEDIATION $ - $ -
Bicycle Facilities
TOTAL TRANSIT COSTS $ - $ -
Water Facility
TOTAL IMPACT FEES $ - $ -
HRI TOTAL PROJECT COSTS $ - $ -
AHD TOTAL PROJECT COSTS $34,813,595.00 $2,495,287.00
TOTAL PROJECT COSTS $34,813,595.00 $2,495,287.00
Docusign Envelope ID: 0C184C8C-CD24-40CD-B111-D05189987D42 Docusign Envelope ID: C7D9C98C-FD62-4D6B-9B66-E95AE5FD2EC4

Item 17.

Strategic Growth Council – Transformative Climate Communities Program Implementation Grant – Round 5 Grant Number: SGC23143, City of Coachella

EXHIBIT B – BUDGET AND SCHEDULE OF DELIVERABLES
Project #2: Shared Mobility Strategy: 3.3 - Car Sharing and Mobility Enhancement
Lead Entity: LEAP Institute and Bound Corporation
Project Description: This project aims to enhance sustainable transportation options through free rideshare programming and the strategic deployment of electric scooters and electric bicycles. Bound Corporation will add 100 e-scooters and 30 e-bicycles to a shared mobility program, addressing the transportation needs of low-income residents by providing green micromobility options. In high-demand areas, mobility stations will be strategically placed to provide shade, resting stops, and convenient access to e-bikes and e-scooters. LEAP Institute will also implement a Green Raiteros Rideshare Program using 15 7-passenger model Y Teslas in the Coachella Prospera project area.

Operations & Maintenance Plan: Both Partners have provided Operations & Maintenance plans to implement ridesharing programs, including management of drivers, operational staff, and vehicles/equipment. LEAP O&M Plan includes a maintenance schedule for full service every 7,000 miles and as needed; per Bound's O&M plan, e-bikes and e-scooters will have inspections monthly or every 200 miles, whichever comes first.

Special Reimbursement Conditions: Bound must finalize the program implementation plan before purchasing the equipment. This plan will include information on considerations such as bike/scooter hub locations; storage locations (if needed); operations & maintenance plan (including internal operations of bike/scooter charging, maintenance, relocation plans, etc.; and external operations such as policies and procedures for sign-ups, use of equipment, payment mechanisms/rates, etc.). This can build on similar information to the pilot agreement between the City and Bound.

The program implementation plan must be approved by TCC staff before costs are allowable to purchase equipment and begin operations.

Task Deliverable(s) Timeline Grant Funds Leverage
Funds
Task 1: Rideshare Program (The LEAP Institute)
A. Recruit, Qualify, and Train fifteen (15)
Rideshare Program Drivers
A. Summary report of drivers hired
and trained
Project
Completion
Period
$348,800.00 $124,900.00
B. Establish and maintain records of
participants, vehicles, EV chargers, fuel,
maintenance, and other records such as
Record number of riders per car, the
number of rides, the average length per
B. Documentation of recordkeeping
systems
Docusign Envelope ID: 0C184C8C-CD24-40CD-B111-D05189987D42 Docusign Envelope ID: C7D9C98C-FD62-4D6B-9B66-E95AE5FD2EC4

Item 17.

Strategic Growth Council – Transformative Climate Communities Program Implementation Grant – Round 5 Grant Number: SGC23143, City of Coachella

EXHIBIT B – BUDGET AND SCHEDULE OF DELIVERABLES
Project #2: Shared Mobility Strategy: 3.3 - Car Sharing and Mobility Enhancement
ride, the description of the trip (medical,
social service, or life enriching activity)
C. Configure and Launch App for Rideshare
Services and increase accessibility -
systematic process and schedule to backup participant reservation database(s) on a daily basis at a minimum.

C. Final app and summary of usage
D. Obtain insurance approvals for electric
vehicles from TCC
D. Proof of insurance
E. Establish maintenance schedule for
vehicles (every 7,000 miles there will be a
full service complete)
E. Initial operations and
maintenance logs
F. Confirm preferred advertising and
marketing methods and establish timeline
for outreach
F. Report of methods and response
to advertising and marketing
methods
G. Establish secure and safe home base
parking for project vehicles
G. Proof of lease
H. Recruit qualified candidates for the roles
of Manager and Transportation Coordinator
to help launch and administer the program
H. Recruitment and training log
I. Launch program and begin operations
and record usage
I. Summary reports of program
operations and ridership
Task 2: Micromobility Implementation (Bound Corporation) A. Purchase 100 e-Scooters, 30 e-Bikes,
and 200 helmets (see equipment budget)
A. Log of e-Bikes and e-Scooters $285,750.00 $0
Docusign Envelope ID: 0C184C8C-CD24-40CD-B111-D05189987D42 Docusign Envelope ID: C7D9C98C-FD62-4D6B-9B66-E95AE5FD2EC4

Item 17.

Strategic Growth Council – Transformative Climate Communities Program Implementation Grant – Round 5 Grant Number: SGC23143, City of Coachella

EXHIBIT B – BUDGET AND SCHEDULE OF DELIVERABLES
Project #2: Shared Mobility Strategy: 3.3 - Car Sharing and Mobility Enhancement
B. Conduct Annual Safety Workshops and
Events on Bike and Scooter Safety (6
workshops total. Two (2) during the first
year, one (1) for each additional grant
funded year)
B. For Each Event: Event summaries
including: Date/time/location;
Outreach Materials; Summary of
attendance and outcomes Project
Completion
Period C. Configure and Launch App and
Programming for e-Bikes/e-Scooters
C. Summary reports of program
operations and ridership
Task 3: Grant Administration & Community Outreach (LEAP, Bound, City of Coachella, and Alianza) A. Finalize Program Implementation Plan,
including program policies and procedures
for operations/maintenance and for
external users (sample agreements, pricing
structure, etc.)
A. Program Implementation
Documents
Project
Completion
Period
$86,880.00 $0
B. Conduct Community Outreach and
Information About Project
B. Documentation of outreach
C. Indicator Tracking and Reporting C. Bi-monthly and Annual Reports D. Invoicing and Progress Reports D. Bi-monthly Invoices and Progress Reports
Equipment (entire project) 100 e-Scooters
30 e-Bikes
30 e-Bike batteries
Project
Completion
Period
$141,000.00 $0
Lead Entity Indirect Costs Indirect costs consistent with the TCC guidelines and grant
agreement, at a rate approved
under this grant agreement.

Project
Completion
Period
$93,250.00 $0
Project Total $955,680.00 $124,900.00
Docusign Envelope ID: 0C184C8C-CD24-40CD-B111-D05189987D42 Docusign Envelope ID: C7D9C98C-FD62-4D6B-9B66-E95AE5FD2EC4

Item 17.

Strategic Growth Council – Transformative Climate Communities Program Implementation Grant – Round 5 Grant Number: SGC23143, City of Coachella

EXHIBIT B – BUDGET AND SCHEDULE OF DELIVERABLES
Project #3: Bagdouma Wellness Hub Strategy: 8 - Health Equity and Well-Being Lead Entity: City of Coachella + Desert Recreation District Project Description: The project will transform the Bagdouma Community Center into a Wellness Hub with programming and capital improvements. The City of Coachella will be responsible for construction of the capital improvements and will work in partnership with the Desert Recreation District who will be conducting community engagement to determine programming and design to ensure the Wellness Hub will be best utilized by the Project Area residents.

Operations & Maintenance Plan: All park improvements will be maintained consistent with the City's Operations and Maintenance plan, to be developed and approved in Task 1.

Special Reimbursement Conditions: Funding for Task 3 and 4 is contingent on the Readiness Requirements in Task 1.

This includes a CEQA Notice of Exemption for all project components, final project designs, and an Operations & Maintenance plan.

These items will need to be sufficiently addressed and approved by TCC staff before costs are allowable to begin capital improvements.

Task Deliverable(s) Timeline Grant Funds Leverage
Funds
Task 1: Predevelopment (City of Coachella and Desert Recreation District) A. CEQA Compliance: NOE A. CEQA Notice of Exemption December 2025
$282,560.00 $0
B. Submit Project Schedule
demonstrating completion of
Readiness within Year 1 and
construction with Grant Term
B. Updated Project Schedule
C. City building permits C. Permits
D. Design Plans for Bagdouma Park in
alignment with broader park
renovation and investment plans
D. 1) Documentation of
general Bagdouma Park
renovation plans
2) 100% Plans,
Docusign Envelope ID: 0C184C8C-CD24-40CD-B111-D05189987D42 Docusign Envelope ID: C7D9C98C-FD62-4D6B-9B66-E95AE5FD2EC4

Item 17.

Strategic Growth Council – Transformative Climate Communities Program Implementation Grant – Round 5 Grant Number: SGC23143, City of Coachella

EXHIBIT B – BUDGET AND SCHEDULE OF DELIVERABLES
Project #3: Bagdouma Wellness Hub Strategy: 8 - Health Equity and Well-Being Specifications, and Estimates
(PSE) for Wellness Hub and
Park Renovations
E. Bid the Project for Construction E. Final Notice of Bid Selection
F. Operations & Maintenance Plan F. Operations & Maintenance Plan
Task 2: Community Center to Wellness Hub (Desert Recreation District) A. Create Wellness Hub Programming
-Conduct internal needs assessment,
asset mapping, and kick-start hub
work by implementing existing
programs into the Wellness Hub
Program Plan.

A. Wellness Hub
Programming Plan
Project
Completion
Period
$600,000.00 $0
B. Conduct Community Needs Survey
- Conduct multiple outreach efforts in
order to obtain feedback and learn
about community needs. Host 2
community meetings/workshops,
collect 100 surveys, and facilitate
online surveys.

B. For community workshops
and outreach:

A) Meeting Summary
(date/time/location, number
of attendees, summary of
outcomes)
B) Final Meeting Materials
(curriculum, handouts)
C) Publicity Materials
(announcements, photos
from key events)
C. Finalize Needs Survey/Compile All
Results - Identify programs,
resources, event in high need from
C. Summary report of
community needs outreach
and results
Docusign Envelope ID: 0C184C8C-CD24-40CD-B111-D05189987D42 Docusign Envelope ID: C7D9C98C-FD62-4D6B-9B66-E95AE5FD2EC4

Item 17.

Strategic Growth Council – Transformative Climate Communities Program Implementation Grant – Round 5 Grant Number: SGC23143, City of Coachella

EXHIBIT B – BUDGET AND SCHEDULE OF DELIVERABLES
Project #3: Bagdouma Wellness Hub Strategy: 8 - Health Equity and Well-Being results. Identify barriers (financial,
transportation, health, etc.)
D. Phase I - Develop Partnerships and
Collect Data through 4 community
outreach efforts to include
workshops, events, and onsite
activities. Evaluating; Conduct a
Community Needs Assessment and
Develop a Community Asset Map
with Partner Agencies.

D. Community Needs
Assessment, Community
Assessment Map, Summary
Report of Outcomes
E. Phase II - Engage Core Stakeholder
Group by conducting 3 community
partnership engagement meetings,
facilitate 3 community outreach
activities, and 3 community health
and wellness activities. Activities will
include the identify vision and
objective that center and advance
equity within our sphere of influence.

E. Summary information from
activities (activity/event
schedule etc.), Vision and
Objective statements.

F. Phase III - Define Key Strategies
and Develop Action Plans
F. Final report on wellness
center engagement,
programming, and plans
Task 3: Bagdouma Park: Capital Improvements to Community Center at Bagdouma Park (City of Coachella) Docusign Envelope ID: 0C184C8C-CD24-40CD-B111-D05189987D42 Docusign Envelope ID: C7D9C98C-FD62-4D6B-9B66-E95AE5FD2EC4

Item 17.

Strategic Growth Council – Transformative Climate Communities Program Implementation Grant – Round 5 Grant Number: SGC23143, City of Coachella

EXHIBIT B – BUDGET AND SCHEDULE OF DELIVERABLES
Project #3: Bagdouma Wellness Hub Strategy: 8 - Health Equity and Well-Being A. Finalize detailed budget proposal
to determine eligibility of wellness
center costs
A. 1) Detailed budget updates
and Post-Award Consultation
(PAC) Status Trackers
responding to TCC questions
about Bagdouma budget and
work plan
2) Approval from TCC Staff to
move forward with final
proposal
January 2025
- January
2028
$1,833,780.00 $0
B. Rehabilitation of Bagdouma
Community Center
B. Final Notice of Completion
Task 4: Bagdouma Park: - Install New Swingset at Bagdouma Park (City of Coachella) A. Purchase and Order New Swingset
with Inclusive Features
A. Proof of purchase January 2025
- January
2028
$110,000.00 $0
B. Install New Concrete Footings for
Swingset
B. Installation photos of
Concrete Footings
C. Install New Swingset and
Complete Project
C. Installation photos of
Swingset and Complete
Project
Task 5: Project, Contract, and Grant Management
A. Internal staff time dedicated to
program, project, contract
management activities including
attending mandatory meetings,
conducting reporting and
assessment work, administering the
grant and funding, communicating
with TCC staff and Partners, etc.

A. Bi-monthly reporting,
annual reporting, etc.

Project
Completion
Period
$10,000.00 $0
Docusign Envelope ID: 0C184C8C-CD24-40CD-B111-D05189987D42 Docusign Envelope ID: C7D9C98C-FD62-4D6B-9B66-E95AE5FD2EC4

Item 17.

Strategic Growth Council – Transformative Climate Communities Program Implementation Grant – Round 5 Grant Number: SGC23143, City of Coachella

EXHIBIT B – BUDGET AND SCHEDULE OF DELIVERABLES
Project #3: Bagdouma Wellness Hub Strategy: 8 - Health Equity and Well-Being Equipment (entire project)
Lead Entity Indirect Costs Indirect costs consistent with the TCC guidelines and grant
agreement, at a rate
approved under this grant
agreement.

Project
Completion
Period
$0 $0
Contingency Project
Completion
Period
$255,378.00 $0
Project Total $3,091,718.00 $0
THE REMAINDER OF THIS PAGE WAS LEFT INTENTIONALLY BLANK.

Docusign Envelope ID: 0C184C8C-CD24-40CD-B111-D05189987D42 Docusign Envelope ID: C7D9C98C-FD62-4D6B-9B66-E95AE5FD2EC4

Item 17.

Strategic Growth Council – Transformative Climate Communities Program Implementation Grant – Round 5 Grant Number: SGC23143, City of Coachella

EXHIBIT B – BUDGET AND SCHEDULE OF DELIVERABLES
Project #4: Coachella Energy for All Strategy: 4 - Solar Installation, Energy Efficiency, and Appliance Electrification
Lead Entity: GRID Alternatives Inland Empire
Project Description: GRID Alternatives Inland Empire (GRID) will install 294 kW-DC of installed solar capacity for approximately 75 single-family homeowners in the Project Area (average system size of 4.2kW per home, $4.49/W). GRID commits leveraged funds to overcome barriers to solar readiness and provide electric upgrades beyond available TCC repair funds. These services may include electrical main service panel upgrades, electric vehicle charging infrastructure, and cool roofing repair. Roofing materials used will have high solar reflectance and thermal emittance properties, and Solar Reflective Index equal or greater than CEC requirements for the building climate zone (SIR < 75). By installing CRRCrated cool roof products, the home will be more energy efficient, thereby further decreasing the production of associated air pollution and GHG.

Operations & Maintenance Plan: GRID provides a 10-year labor warranty for any operation and maintenance issues that may arise starting from the date of installation. Additionally, the third-party owner SunRun provides a five-year roof penetration warranty, and a 25-year no-cost repair warranty. GRID warranties all equipment for a period of 10 years, and for a period of 25 years if equipment is SunRun approved through our third-party owner model. These warranties do not cover issues unrelated to the solar system or any pre-existing conditions. GRID extends multiple equipment warranties, including a module warranty for 15 years, an inverter warranty for 10 years, a racking warranty for 10 years, and an optimizer for 10 years. This ensures a long life of service for the solar equipment and resiliency of the project infrastructure.

GRID will monitor the system using Enphase's Enlighten technology, which will notify our staff when the system is not performing adequately. GRID will provide solar clients post-installation training, including instructions on how to read their utility bill, as well as how to operate, clean and maintain the system. Under a third-party owner prepaid power purchase agreement (PPA), the benefitting low-income households continue to be responsible for keeping greenery trimmed, not permitting any condition that would cause the solar system to not operate as intended. The homeowners are responsible for notifying GRID if there is a problem, such as damage, disturbance, or theft of the solar system, so it can be addressed swiftly.

Task Deliverable(s) Timeline Grant Funds Leverage
Funds
Task 1: Pre-Construction: Outreach and Design & Permitting Docusign Envelope ID: 0C184C8C-CD24-40CD-B111-D05189987D42 Docusign Envelope ID: C7D9C98C-FD62-4D6B-9B66-E95AE5FD2EC4

Item 17.

Strategic Growth Council – Transformative Climate Communities Program Implementation Grant – Round 5 Grant Number: SGC23143, City of Coachella

EXHIBIT B – BUDGET AND SCHEDULE OF DELIVERABLES
Project #4: Coachella Energy for All Strategy: 4 - Solar Installation, Energy Efficiency, and Appliance Electrification
A. Outreach: Implement community
engagement strategies in the Project
Area to raise awareness of Coachella
Prospera's no-cost Energy for All
Program through community events,
canvassing, direct mail, digital and
print advertising, tabling, etc.

A. Summary of Community
Engagement/Education
conducted and people
reached
Project
Completion
Period
Included in
Price/KW Rate*
$0
B. Outreach: Conduct pre-screens to
confirm eligible single-family
properties in the Project Area
B. Application submissions
C. Outreach: Secure client data,
including usage and sign contracts
with property owners/program
applicants
C. Completed contract for
system installations
D. Design: Conduct site visits to
determine roof and electrical needs,
conduct shade analysis and take
measurements to inform design
process; Finalize solar PV system
designs, complete needed roof and
electrical repairs (if applicable) and
secure building permits and other
approvals as appropriate
D. Completed Solar PV Design
Building permit received from
City of Coachella
Task 2: Construction and Post Construction
Docusign Envelope ID: 0C184C8C-CD24-40CD-B111-D05189987D42 Docusign Envelope ID: C7D9C98C-FD62-4D6B-9B66-E95AE5FD2EC4

Item 17.

Strategic Growth Council – Transformative Climate Communities Program Implementation Grant – Round 5 Grant Number: SGC23143, City of Coachella

EXHIBIT B – BUDGET AND SCHEDULE OF DELIVERABLES
Project #4: Coachella Energy for All Strategy: 4 - Solar Installation, Energy Efficiency, and Appliance Electrification
A. Construction: Install solar PV
systems and commissioning of the
system on 75 low-income singlefamily homes
A. 1) Bimonthly summary
reports of household progress
that period, including (but not
limited to): address, method of
contact/intake, date of
assessment, date permits
pulled, date of installation,
number of kW installed, final
inspection report date, and
connection date
2) Final summary table that
logs all participating residents,
dates installed, and # of kW
installed
Project
Completion
Period
$1,986,514.95 $125,000.00
B. Post-Construction: Conduct postinstallation follow-up including inspection, permission to operate,
homeowner training/bill savings
B. Warrantee information
delivered to homeowner
C. Post-Construction: Project and
Contract management and reporting
C. Project and Contract
management and
reports/invoices based on
installation date submitted as
required
Project
Performance
Period
Equipment (entire project) Project
Completion
Period
$0 $0
Lead Entity Indirect Costs Indirect costs consistent with the TCC guidelines and grant
agreement, at a rate approved
under this grant agreement.
$0 $0
Docusign Envelope ID: 0C184C8C-CD24-40CD-B111-D05189987D42 Docusign Envelope ID: C7D9C98C-FD62-4D6B-9B66-E95AE5FD2EC4

Item 17.

Strategic Growth Council – Transformative Climate Communities Program Implementation Grant – Round 5 Grant Number: SGC23143, City of Coachella

EXHIBIT B – BUDGET AND SCHEDULE OF DELIVERABLES
Project #4: Coachella Energy for All Strategy: 4 - Solar Installation, Energy Efficiency, and Appliance Electrification
Project Total $1,986,514.95 $125,000.00
*Project Partner has been approved for a rate of $4.49 per watt ($4488.14 per kilowatt) of completed installations.

The rate includes outreach, personnel, installation labor, installation tasks and supplies, and solar installation equipment.

THE REMAINDER OF THIS PAGE WAS LEFT INTENTIONALLY BLANK.

Docusign Envelope ID: 0C184C8C-CD24-40CD-B111-D05189987D42 Docusign Envelope ID: C7D9C98C-FD62-4D6B-9B66-E95AE5FD2EC4

Item 17.

Strategic Growth Council – Transformative Climate Communities Program Implementation Grant – Round 5 Grant Number: SGC23143, City of Coachella

EXHIBIT B – BUDGET AND SCHEDULE OF DELIVERABLES
Project #5: Coachella Urban Greening Project Strategy: 7 - Urban Greening and Green Infrastructure
Lead Entity: City of Coachella
Project Description: The project will plant 286 low-water trees, 99 low-water shrubs, and 3100 square feet of lowwater desert landscaping. This will include trees to be planted at the Coachella Transit Hub and along Fifth Street near the Transit Hub, as well as street tree plantings, and tree giveaways for residents who participate in workshops on tree watering and maintenance. For the transit hub and street trees, complete water efficient irrigation systems will be installed along with desert landscape.

Operations & Maintenance Plan: The City of Coachella has committed to including the planted trees within their operations and maintenance programming. The City does not have an Urban Forestry Master Plan or an official Operations & Maintenance plan that includes tree care, but stated in their letter that all trees added to the City's urban forest are maintained on a monthly basis by landscape maintenance contractors. All funding will be contingent on further explanation for the 3-year establishment period required by CAL FIRE, as noted in reimbursement conditions below.

Special Reimbursement Conditions: Funding for Task 2 and 3 is contingent on the Readiness Requirements in Task 1.

This includes a CEQA Notice of Exemption for all project components, a project tree palette approve by certified urban forester, consultation with the Regional Urban Forester, final project designs, and an Operations & Maintenance plan aligned with CalFire standards for tree care.

For the trees planted in public ROW, the City of Coachella must provide an O&M Plan demonstrating a plan and mechanism to ensure sufficient watering and maintenance for newly planted trees during the establishment period (3 years). For the trees to be given to residents, the Urban Conservation Corps must provide a sample of the resident training curriculum and homeowner agreement to properly establish and care for the trees received.

Task Deliverable(s) Timeline Grant Funds Leverage
Funds
TASK 1: Predevelopment Activities
A. Coordinate with City of Coachella
regarding approval to plant. Activities
include CEQA and city permitting (plantings
are completely within city ROW)
A. CEQA Notice of
Exemption (NOE) and street
tree planting permit
Project
Completion
Period
$25,092.00 $0
Docusign Envelope ID: 0C184C8C-CD24-40CD-B111-D05189987D42 Docusign Envelope ID: C7D9C98C-FD62-4D6B-9B66-E95AE5FD2EC4

Item 17.

Strategic Growth Council – Transformative Climate Communities Program Implementation Grant – Round 5 Grant Number: SGC23143, City of Coachella

EXHIBIT B – BUDGET AND SCHEDULE OF DELIVERABLES
Project #5: Coachella Urban Greening Project Strategy: 7 - Urban Greening and Green Infrastructure
B. Finalize project tree palette in
consultation with the City and Regional
Urban Forester and informed by site walks
of prioritized project planting locations.

B. Project tree palette
approved by City & Regional
Forester
C. Complete preliminary geographic project
plans and design.

C. Project maps and design
specifications
D. Submit tree planting work plans for City
approval detailing proposed tree species,
locations and planting dates. Tree location
and species will be made on a street-bystreet basis, with considerations that include parkway size, overhead utilities,
uniformity with current trees as well as
species diversity, availability of good
nursery stock, and City and community
input.

D. City approval of site
specific planting plans
E. Hire & train five (5) workforce
development program team members for
UCC. Team members must be from the
Coachella Prospera project area and
demonstrate an interest in pursuing
arboriculture, forestry, and/or any other
environmental related field.

E. Proof of hire & training
F. Confirm Operations & Maintenance Plan
aligned with CAL FIRE tree establishment
standards
F. Operations &
Maintenance Plan
TASK 2: Community Engagement (in partnership with Urban Youth Conservation Corps and Alianza) Docusign Envelope ID: 0C184C8C-CD24-40CD-B111-D05189987D42 Docusign Envelope ID: C7D9C98C-FD62-4D6B-9B66-E95AE5FD2EC4

Item 17.

Strategic Growth Council – Transformative Climate Communities Program Implementation Grant – Round 5 Grant Number: SGC23143, City of Coachella

EXHIBIT B – BUDGET AND SCHEDULE OF DELIVERABLES
Project #5: Coachella Urban Greening Project Strategy: 7 - Urban Greening and Green Infrastructure
A. Plan, promote and execute a series of
project “kick-off events” with the City,
community, and project partners to
facilitate community input regarding tree
planting plans. Community input will be
solicited through engaging methods such
as poster boards on which community
members can indicate planting plan
preferences.

A. Event summaries
including:

Date/time/location;
Outreach Materials;
Summary of attendance
and outcomes
Project
Completion
Period
$328,770.40 $0
B. Develop and implement a community
engagement plan to accomplish the
following: Conduct targeted outreach to
residents through community events and
canvassing on prioritized project routes to
promote adoption of trees in their parkway
(where feasible) and to solicit input on
planting plan specifics. Provision of
community input shall be informed through
educational materials describing the
benefits of expanded tree canopy.

Community input shall be recorded on
surveys administered electronically to
facilitate subsequent compilation and
analysis. Promote the project and recruit
volunteers through high schools, faithbased groups, CBOs and their constituents.

Coordinate with the City to ensure all
residents adjacent to street tree planting
locations are informed regarding planting
activities. Community members will receive
B. 1) Educational materials.
2) Summary reports of
community and stakeholder
engagements metrics such
as number of people
engaged, opt in and out
results, secured
commitments for yard
retrofit program.

Docusign Envelope ID: 0C184C8C-CD24-40CD-B111-D05189987D42 Docusign Envelope ID: C7D9C98C-FD62-4D6B-9B66-E95AE5FD2EC4