Corona City Council
September 2, 2026

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3.2.4 City’s Representative. The City hereby designates Jacob Ellis, Donna Finch, or his or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Agreement. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.

3.2.5 Contractor’s Representative. Contractor hereby designates Jeff Gildner, or his or her designee, to act as its representative for the performance of this Agreement (“Contractor’s Representative”). Contractor’s Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. The Contractor’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

3.2.6 Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City’s staff, consultants and other staff at all reasonable times.

3.2.7 Standard of Care; Performance of Employees. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor agrees that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees and subcontractors shall have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the Term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor’s failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub-contractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any of the Services or to work on the Project.

3.2.8 Disputes. Should any dispute arise respecting the true value of any work done, of any work omitted, or of any extra work which Contractor may be required to do, or respecting the size of any payment to Contractor during the performance of this Contract, Contractor shall continue to perform the Work while said dispute is decided by the City. If Contractor disputes the City’s decision, Contractor shall have such remedies as may be provided by law.

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3.2.9 Laws and Regulations; Employee/Labor Certifications. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services. If the Contractor performs any work or Services knowing them to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Contract to the same extent as though set forth herein and will be complied with. These include but are not limited to the payment of prevailing wages, the stipulation that eight (8) hours' labor shall constitute a legal day's work and that no worker shall be permitted to work in excess of eight (8) hours during any one calendar day except as permitted by law. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.2.9.1 Employment Eligibility; Contractor. By executing this Agreement, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Contractor. Contractor also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the Term of the Agreement. Contractor shall avoid any violation of any such law during the Term of this Agreement by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Contractor shall maintain records of each such verification, and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Contractor’s compliance with the requirements provided for in Section 3.2.9 or any of its sub-sections.

3.2.9.2 Employment Eligibility; Subcontractors, Sub-subcontractors and Consultants. To the same extent and under the same conditions as Contractor, Contractor shall require all of its subcontractors, sub-subcontractors and consultants performing any work or Services relating to the Project or this Agreement to make the same verifications and comply with all requirements and restrictions provided for in Section 3.2.9.1.

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3.2.9.3 Employment Eligibility; Failure to Comply. Each person executing this Agreement on behalf of Contractor verifies that they are a duly authorized officer of Contractor, and understands that any of the following shall be grounds for the City to terminate the Agreement for cause: (1) failure of Contractor or its subcontractors, subsubcontractors or consultants to meet any of the requirements provided for in Sections 3.2.9.1 or

3.2.9.2; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verifications provided to the Contractor under Section 3.2.9.2); or (3) failure to immediately remove from the Project any person found not to be in compliance with such requirements.

3.2.9.4 Labor Certification. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.

3.2.9.5 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Contractor shall also comply with all relevant provisions of City’s Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.

3.2.9.6Air Quality.
(A) General Requirement. Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the South Coast Air Quality Management District (SCAQMD) and/or California Air Resources Board (CARB). Although the SCAQMD and CARB limits and requirements are more broad, Contractor shall specifically be aware of their application to "portable equipment", which definition is considered by SCAQMD and CARB to include any item of equipment with a fuelpowered engine. (B) CARB Off-Road Vehicles and Engine Pollution Control Devices. By way of example and not by limitation, Contractor shall comply with, and shall ensure all subcontractors comply with, all applicable requirements of the most current version of Title 13, California Code of Regulations Division 3, Chapter 9 and all pending amendments (“Chapter 9 Regulation”). Throughout the Project, and for three (3) years thereafter, Contractor shall make available for inspection and copying, upon two (2) calendar days’ notice, any and all documents or information associated with Contractor’s and its subcontractors’ fleets including, without limitation, the Certificates of Reported Compliance (“CRCs”), fuel/refueling records, maintenance records, emissions records, and any other information the Contractor is required to Docusign Envelope ID: 3C565AF4-5261-8BF6-832F-8F7A813D5F27 Docusign Envelope ID: EA46A488-CE6D-864F-83CD-BF6D1A099A01 Docusign Envelope ID: AFC06E35-8B68-86DD-8006-D6848E6CE048 Item 6.6

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produce, keep or maintain pursuant to the Chapter 9 Regulation. Contractor shall be solely liable for any and all costs associated with compliance with the Chapter 9 Regulation as well as for any and all penalties, fines, damages, or costs associated with any and all violations, or failures to comply with the Chapter 9 Regulation.
(C) Indemnification. Contractor shall indemnify City against any fines or penalties imposed by SCAQMD, CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement.

3.2.10 Insurance.

3.2.10.1 Time for Compliance. Before Contractor commences any Services under this Agreement, Contractor shall provide evidence satisfactory to the City that it has secured all insurance required under this section. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Agreement for cause.

3.2.10.2 Minimum Requirements. Contractor shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Contractor, its agents, representatives, employees or subcontractors.

Contractor shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage:
(A) Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability:

Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto), or if Contractor has no owned autos, Code 8 (hired) and 9 (non-owned); and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. (B) Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $1,000,000 minimum; per occurrence for bodily injury, personal injury, advertising injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used including, but not limited to, form CG 2503, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability:
$1,000,000 minimum; per accident for bodily injury and property damage; and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation limits as required by the Labor Code of the State of California. Employer’s Liability limits of $1,000,000 minimum; per accident for bodily injury or disease.

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3.2.10.3 Insurance Endorsements. The insurance policies shall contain or be endorsed (amended) to include the following provisions:
(A) General Liability. The general liability policy shall state that: (1) the City, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insured with respect to liability arising out of work or operations performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection therewith (the endorsement form shall be at least as broad as ISO Form CG 20 10 11 85 or both CG 20 37 and one of the following: CG 20 10, CG 20 26, CG 20 33 or CG 20 38); and (2) the insurance coverage shall be primary insurance coverage as respects the City, its directors, officials, officers, employees, agents, and volunteers (the endorsement form shall be at least as broad as ISO CG 20 01 04 13). Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Contractor’s insurance and shall not be called upon to contribute with it in any way. (B) Waiver of Subrogation – Workers’ Compensation and
Employer’s Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents, and volunteers for losses paid under the terms of the insurance policy which arise from work or Services performed by the Contractor.
(C) All Coverages. If Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City is entitled to the broader coverage and/or higher limits maintained by Contractor. Thus, any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

3.2.10.4 Other Provisions; Endorsements Preferred. Contractor shall endeavor to provide endorsements regarding the following provisions, but nonetheless understands, acknowledges and agrees that the following provisions shall apply and that failure to comply shall be considered to be a breach of this Agreement by Contractor:
(A) Waiver of Subrogation – All Other Policies. Contractor hereby waives all rights of subrogation any insurer of Contractor’s may acquire against the City, its directors, officials, officers, employees, agents, and volunteers for losses paid under the terms of any insurance policy which arise from work or Services performed by the Contractor.

Contractor understands, acknowledges and agrees that this provision is in full force and effect even if the City does not receive a waiver of subrogation endorsement from the insurer. (B) Notice. Contractor shall either: (1) require its insurer to provide thirty (30) days prior written notice to the City before coverage is suspended, voided, or canceled; or (2) notify City in writing that such notice is not available and forward any notice of such actions to the City within two (2) business days from date of receipt by Contractor.

Contractor understands, acknowledges and agrees that this provision is in full force and effect even if the City does not receive a waiver of subrogation endorsement from the insurer.

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3.2.10.5 Claims Made Policies. The following provisions shall apply to all policies that provide coverage on a claims-made basis: (A) the retroactive date must be shown and must be before the date on which any Services under this Agreement commence; (B) the insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Project; and (C) if coverage is canceled or not renewed and is not replaced with another claims-made policy with a retroactive date prior to the date on which any Services under this Agreement commence, Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of Project.

3.2.10.6 Deductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. The City may require the Contractor to provide proof of ability to pay losses and related investigation, claims administration and defense expenses within the deductible or self-insured retention. The deductible or self-insured retention may be satisfied by either the named insured or the City.

3.2.10.7 Acceptability of Insurers. Unless under the circumstances a different rating is otherwise acceptable to the City in its sole and absolute discretion, insurance is to be placed with insurers which are satisfactory to the City and which meet either of the following criteria : (1) an insurer with a current A.M. Best’s rating no less than A-:VII and licensed as an admitted insurance carrier in California; or (2) an insurer with a current A.M.

Best’s rating no less than A-:X and authorized to issue the required policies in California.

3.2.10.8 Verification of Coverage (Initially & Annually).

Contractor shall furnish City with original certificates of insurance, as well as amendatory endorsements or copies of the applicable policy language effecting coverage required by this Agreement. Contractor’s obligation herein shall be met not only with the commencement of the Initial Term, but annually as well for duration of the Agreement. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.

3.2.10.9 Reporting of Claims. Contractor shall report to the City, in addition to Contractor’s insurer, any and all insurance claims submitted by Contractor in connection with the Services under this Agreement.

3.2.10.10 Sub-Contractors. All subcontractors shall comply with each and every insurance provision of this Section 3.2.10. Contractor shall therefore not allow any subcontractor to commence work on any subcontract to perform any part of the Services until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this Agreement.

3.2.10.11 Special Risk or Circumstances. The City reserves the right, in its sole and absolute discretion, to modify the requirements of this Section 3.2.10, including limits, based on any of the following: (A) the nature of the risk of the Services; (B) the prior experience of the insured; (C) the rating or other quality or characteristic of the insurer; (D) any special or unique coverage issues; and (E) any other special or unique circumstances.

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3.2.11 Safety. Contractor shall execute and maintain its work and Services so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the Services and the conditions under which the Services are to be performed.

3.2.12 Bonds.

3.2.12.1 Performance Bond. If required by law or otherwise specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Performance Bond in the amount of the Total Compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.

3.2.12.2 Payment Bond. If required by law or otherwise specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Payment Bond in the amount of the Total Compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.

3.2.12.3 Bond Provisions. Should, in City’s sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this section are accepted by the City. To the extent, if any, that the Total Compensation is increased in accordance with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the Total Compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Agreement for cause.

3.2.12.4 Surety Qualifications. The bonds must be provided by a surety which is satisfactory to the City and which meets either of the following criteria: (1) a surety with a current A.M. Best’s rating no less than A-:VII and licensed as an admitted surety insurer in California; or (2) a surety with a current A.M. Best’s rating no less than A-:X and authorized to issue the required bonds in California. If a surety does not meet these requirements, the insurer will be considered qualified if it is in conformance with Docusign Envelope ID: 3C565AF4-5261-8BF6-832F-8F7A813D5F27 Docusign Envelope ID: EA46A488-CE6D-864F-83CD-BF6D1A099A01 Docusign Envelope ID: AFC06E35-8B68-86DD-8006-D6848E6CE048 Item 6.6

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Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.

3.2.13 Accounting Records. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

3.2.14 Landscaping Organic Waste Policy. Pursuant to Corona Municipal Code (“CMC”) Section 8.20.400 (A), Contractor shall comply with the following requirements:

3.2.14.1 Organic Requirements. Contractor shall use compost and mulch, as practicable, produced from recovered organic waste, for all landscaping renovations, construction, or maintenance services performed under this Agreement, whenever available, and capable of meeting quality standards.

3.2.14.2 Records. Contractor shall keep and provide to the City records of procurement of recovered organic waste products (either through purchase or acquisition) upon completion of the Project. Information to be provided shall include: (A) general description of how and where the product was used; (B) source of product, including name, physical location, and contact information for each entity, operation, or facility from whom the recovered organic waste products were procured; (C) type of product; (D) quantity of each product; and (E) invoice or other record demonstrating purchase or procurement.

3.2.14.3 Definitions. The terms used in this Section 3.2.14 shall be as defined in Chapter 8.20 of the CMC.

3.3 Fees and Payments.

3.3.1 Rates & Total Compensation.

3.3.1.1 Initial Term - Rates. During the Initial Term, Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C” attached hereto and incorporated herein by reference.

3.3.1.2 Renewal Term(s) - Rate Increases. Rates to be paid during any Renewal Term shall be as provided for in the written amendment(s) entered into for such Renewal Term(s).

3.3.1.3 Initial Term - Total Compensation. The total compensation paid, including authorized reimbursements, shall not exceed Seven Hundred Thousand Dollars Docusign Envelope ID: 3C565AF4-5261-8BF6-832F-8F7A813D5F27 Docusign Envelope ID: EA46A488-CE6D-864F-83CD-BF6D1A099A01 Docusign Envelope ID: AFC06E35-8B68-86DD-8006-D6848E6CE048 Item 6.6

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($700,000) during the Initial Term (“Total Compensation”), without written approval of City’s Representative.

3.3.1.4 Renewal Term(s) - Total Compensation. The Total Compensation to be paid during any Renewal Term shall be as provided for in the written amendment(s) entered into for such Renewal Term(s).

3.3.1.5 Extra Work – Compensation. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

3.3.2 Payment of Compensation. Contractor shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Contractor. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 30 days of receiving such statement, review the statement and pay all approved charges thereon.

3.3.3 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City.

3.3.4 Extra Work. At any time during the Term of this Agreement, City may request that Contractor perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.

Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City’s Representative.

3.3.5 Prevailing Wages. Contractor is aware of the requirements of Chapter 1 (beginning at Section 1720 et seq.) of Part 7 of Division 2 of the California Labor Code, as well as Title 8, Section 16000 et seq. of the California Code of Regulations (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the Total Compensation is $1,000 or more, Contractor and its subcontractors shall fully comply with the Prevailing Wage Laws for their employees and any others to whom such laws are applicable. Contractor and its subcontractors shall also be responsible for any and all violations and fines imposed on them pursuant to the Prevailing Wage Laws. Pursuant to SB 854, which amended the Prevailing Wage Laws, this Agreement would also be subject to compliance monitoring and enforcement by the California Department of Industrial Relations (“DIR”). Beginning April 1, 2015, no contractor or subcontractor may be awarded this Agreement unless registered with the DIR pursuant to Labor Code Section 1725.5. The City will report all necessary agreements to the DIR as required by the Prevailing Wage Laws. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall Docusign Envelope ID: 3C565AF4-5261-8BF6-832F-8F7A813D5F27 Docusign Envelope ID: EA46A488-CE6D-864F-83CD-BF6D1A099A01 Docusign Envelope ID: AFC06E35-8B68-86DD-8006-D6848E6CE048 Item 6.6

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post copies at the Contractor’s principal place of business and at the Project site. It is most efficient for the Contractor to obtain a copy of the prevailing wages in effect at the commencement of this Agreement from the website of the Division of Labor Statistics and Research of the DIR located at www.dir.ca.gov/dlsr/. In the alternative, Contractor may obtain a copy of the prevailing wages from the City’s Representative. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

3.3.6 Apprenticeable Crafts. If the Project is being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, Contractor shall comply with the provisions of Section 1777.5 of the California Labor Code with respect to the employment of properly registered apprentices upon public works when Contractor employs workmen in an apprenticeable craft or trade. The primary responsibility for compliance with said section for all apprenticeable occupations shall be with Contractor.

3.4 Termination of Agreement.

3.4.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those Services which have been adequately rendered to City, as well as any authorized reimbursable expenses, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Agreement except for cause.

3.4.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished Documents and Data and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request.

3.4.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

3.5 General Provisions.

3.5.1 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective Parties at the following address, or at such other address as the respective Parties may provide in writing for this purpose:

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Contractor:

Belfor USA Group,
3443 Durahart Street
Riverside, CA 92507-3452
Attn: Jeff Gildner
City:

City of Corona
400 South Vicentia Avenue
Corona, CA 92882
Attn: Donna Finch, Community Services Department
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the Party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.5.2 Indemnification. To the fullest extent permitted by law, Contractor shall defend (with counsel of City’s choosing), indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, to the extent arising out of, pertaining to, or incident to any alleged willful misconduct or negligent acts, errors or omissions of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Contractor’s Services, the Project or this Agreement, including without limitation the payment of all settlement amounts, expert witness fees and attorneys fees and other related costs and expenses. Notwithstanding the foregoing, to the extent Contractor's Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. Contractor’s obligation to indemnify shall survive expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials officers, employees, agents, or volunteers.

3.5.3 Governing Law; Government Code Claim Compliance. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code Sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as Docusign Envelope ID: 3C565AF4-5261-8BF6-832F-8F7A813D5F27 Docusign Envelope ID: EA46A488-CE6D-864F-83CD-BF6D1A099A01 Docusign Envelope ID: AFC06E35-8B68-86DD-8006-D6848E6CE048 Item 6.6

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specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City.

3.5.4 Time of Essence. Time is of the essence for each and every provision of this Agreement.

3.5.5 City’s Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project.

3.5.6 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.

3.5.6.1 Subcontractors; Assignment or Transfer. Contractor shall not subcontract any portion of the Services required under this Agreement, except as expressly authorized herein, without the prior written approval of the City. Subcontracts, if any, shall include a provision making them subject to all provisions of this Agreement. Contractor shall also not assign, hypothecate or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to subcontract or take any other action not authorized herein shall be null and void, and any subcontractors, assignees, hypothecates or transferees shall acquire no right or interest by reason of such action.

3.5.7 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content or intent of this Agreement.

3.5.8 Amendment; Modification. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

3.5.9 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise.

3.5.10 No Third Party Beneficiaries. Except to the extent expressly provided for in Section 3.5.6, there are no intended third party beneficiaries of any right or obligation assumed by the Parties.

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3.5.11 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.5.12 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Contractor further agrees to file, or shall cause its employees or subcontractors to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the Term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

3.5.13 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.

3.5.14 Attorney’s Fees. If either Party commences an action against the other Party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing Party in such litigation shall be entitled to have and recover from the losing Party reasonable attorney’s fees and all other costs of such action.

3.5.15 Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.

3.5.16 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

3.5.17 Entire Agreement. This Agreement contains the entire Agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both Parties.
[SIGNATURES ON NEXT 2 PAGES]
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CITY’S SIGNATURE PAGE FOR

CITY OF CORONA

MAINTENANCE/GENERAL SERVICES AGREEMENT
WITH BELFOR USA GROUP INC. DBA BELFOR PROPERTY RESTORATION (EMERGENCY WATER LINE AND REMEDIATION SERVICES – POLICE

DEPARTMENT EMERGENCY WATER LEAK CLEANUP)
IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the date first written above.

CITY OF CORONA
By: _________________________
Jacob Ellis
City Manager
Reviewed By: _________________________
Donna Finch
Community Services Director
Reviewed by:_________________________
Paul Lichtenberger
Facilities Manager
Reviewed by:_________________________
Nicole McDaniel
Deputy Director of Finance
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CONTRACTOR’S SIGNATURE PAGE FOR

CITY OF CORONA

MAINTENANCE/GENERAL SERVICES AGREEMENT
WITH BELFOR USA GROUP INC. DBA BELFOR PROPERTY RESTORATION (EMERGENCY WATER LINE AND REMEDIATION SERVICES – POLICE

DEPARTMENT EMERGENCY WATER LEAK CLEANUP)
IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the date first written above.

BELFOR USA GROUP INC. DBA BELFOR PROPERTY RESTORATION
a Colorado corporation
By: _________________________
Rachel Manos
General Counsel
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EXHIBIT “A”

SCOPE OF SERVICES
Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply emergency water line and remediation services necessary for the police department emergency water leak cleanup project. the Services are more particularly described herein.

The Contractor shall provide emergency response, mitigation, remediation, and restoration services necessary to stabilize and restore the affected areas of the Police Department located at 730 Public Safety Way, Corona, CA 92878, following water intrusion. The objective is to prevent further damage, remediate affected materials, and return the facility to operational condition through completion of repairs and restoration activities.

The Services include but are not limited to the following:

1. Emergency Response and Site Assessment
• Mobilize emergency response personnel to the affected site. • Perform an initial inspection and damage assessment.
• Document existing conditions through photographs and written observations. • Identify affected materials, moisture migration patterns, and safety concerns. • Develop and implement an appropriate mitigation and restoration strategy.

2. Water Extraction and Removal
• Extract standing water utilizing commercial-grade pumps, extractors, and related equipment.
• Remove excess moisture from affected flooring, carpeting, and building materials. • Dispose of water and debris in accordance with applicable regulations.

3. Structural Drying and Dehumidification
• Install and operate commercial air movers (fans) to promote evaporation and drying. • Deploy dehumidifiers as necessary to reduce ambient humidity and facilitate structural drying.
• Utilize specialized drying equipment for walls, flooring, cabinetry, and other affected materials when required.
• Monitor drying progress and adjust equipment placement as needed.

4. Carpet and Flooring
• Perform carpet extraction, cleaning, and drying services where salvageable. • Complete carpet cleaning on the upper level.
• Remove and replace damaged flooring materials as required.

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• Install new flooring in remaining affected areas in accordance with the approved flooring schedule.
• Conduct moisture monitoring of flooring systems throughout the drying and installation process.

5. Drywall, Painting, and Finish Restoration
• Remove and replace damaged drywall as necessary.
• Complete drywall repairs on both building levels.
• Prime and paint repaired areas to match existing finishes. • Install remaining rubber base following completion of flooring installation. • Perform final touch-up painting and finish work as necessary to restore affected areas.

6. Cabinet Restoration and Installation
• Remove damaged cabinetry where required.
• Install replacement cabinets on both building levels in accordance with the project schedule.
• Complete cabinet adjustments and finish work following installation.

7. Moisture Monitoring and Inspections
• Conduct periodic moisture readings using industry-standard moisture meters and thermal imaging equipment.
• Provide periodic inspection reports documenting drying progress. • Verify moisture content has returned to acceptable industry standards before completion of restoration activities.

8. Sanitation and Preventative Measures
• Apply antimicrobial or disinfectant treatments to affected areas as warranted by the source and extent of water intrusion.

9. Final Restoration and Re-occupancy
• Complete remaining flooring and cabinet installation. • Install remaining finish materials, including rubber base. • Perform final cleaning of affected work areas.
• Complete any outstanding punch-list items and finish touch-ups. • Move furniture, equipment, and contents back to their original locations following completion of restoration work.
• Coordinate final walkthrough with City representatives to verify completion of the scope of work.

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10. Documentation and Reporting
• Maintain detailed records of labor, equipment usage, moisture readings, and site conditions.
• Provide a final report summarizing mitigation, restoration, repairs completed, equipment utilized, testing results, and recommendations for any remaining reconstruction work, if applicable.

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EXHIBIT “B”

SCHEDULE OF SERVICES
Contractor shall complete the Services within the Term of this Agreement, and shall meet any other reasonable schedules and deadlines established by City’s Representative.

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EXHIBIT “C”

COMPENSATION
Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth herein.

The total Compensation shall not exceed Seven Hundred Thousand Dollars ($700,000) without authorized written approval from the City’s Representative. 100% PAYMENT (LABOR AND MATERIALS) AND PERFORMANCE BONDS ARE REQUIRED PURSUANT TO SECTION 3.2.12, ET SEQ. ABOVE.

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DATE: September 2, 2026
TO: Honorable Mayor and City Council Members
FROM: Fire Department
2026-032

REQUEST FOR CITY COUNCIL ACTION
SUBJECT:

RESOLUTION ADOPTING CALIFORNIA MUTUAL AID REIMBURSEMENT

AGREEMENT
EXECUTIVE SUMMARY:

This staff report asks the City Council to adopt a resolution for City employees who respond to or support mutual aid emergency incidents and updates the City’s 2015 CFAA submission to Cal OES to reflect current Fire Department position/classification titles, adopted as part of the City’s Position Library and Compensation Plan (effective June 13, 2026), and extends the same compensation authorization to designated non-fire employees who may be deployed in support of a mutual aid emergency incident.

RECOMMENDED ACTION:

That the City Council adopt Resolution No. 2026-092, authorizing compensation for employees assigned to mutual aid emergency incidents and superseding the City’s 2015 California Fire Assistance Agreement submission and rescinding Resolution No. 2013- 103.

BACKGROUND & HISTORY:

Item 6.7

The City of Corona (City) participates in the California Fire Assistance Agreement (CFAA) with the California Governor’s Office of Emergency Services (Cal OES). The CFAA allows the City to deploy qualified Fire Department personnel and equipment to assist with mutual aid emergency response efforts, including wildfires and other declared disasters.

Under the CFAA, the City may seek reimbursement from Cal OES for eligible costs, including compensation for personnel assigned to mutual aid emergency incidents.

On June 30, 2015, the Cal OES CFAA Committee approved the City's submitted documentation authorizing overtime and portal-to-portal reimbursement; however, that 2015 approval only covered Fire Department personnel. On June 3, 2026, the City Council adopted an updated Position Library and Compensation Plan, effective June 13, 2026, which reflects current position/classification titles for all City departments. Several of the position titles identified in the City’s 2015 CFAA submission have since changed.

For example, “Deputy Chief” is now “Deputy Fire Chief,” and “EMS/Nurse/Educator” is now “Nurse Educator.” As a result, the City’s CFAA authorization must be updated to reflect the City’s current position and classification titles.

ANALYSIS:

Cal OES requires a participating agency’s governing body to adopt a resolution identifying the agency’s current fire department position/classification titles as a condition of CFAA reimbursement eligibility. When the claimed position title does not match the agency’s official position library, Cal OES may delay or deny reimbursement for costs associated with that position.

To remain authorized for reimbursement of eligible costs, the proposed resolution updates the City's Fire Department position titles to match the current Position Library and Compensation Plan. The resolution authorizes portal-to-portal reimbursement for the listed job classifications, with overtime compensation provided in accordance with the applicable Memorandum(s) of Understanding. The table below summarizes the key position title changes between the City’s 2015 CFAA submission and the current Position Library and Compensation Plan:

Category Position Library Titles
Fire Department
Response Personnel
Fire Chief, Deputy Fire Chief, Battalion Chief/40-Hour
Battalion Chief, Fire Captain/40-Hour Fire Captain, Fire Engineer/40-Hour Fire Engineer, Firefighter/40-Hour
Firefighter, Firefighter/Paramedic/40-Hour
Firefighter/Paramedic
Civilian/Non-Routine
Responder
Nurse Educator, Fire Marshal, Deputy Fire Marshal, Fire Inspector I, Fire Inspector II
Item 6.7

Emergency Management
Personnel
Emergency Services Assistant, Emergency Services
Coordinator, Emergency Services Manager
Public Works/Utilities
Personnel
Chief Distribution Operator, Chief Reclamation Operator, Chief Water Operator, Deputy Chief Operator - Water
Reclamation, Lead Utility Maintenance Technician, Lead
Utility Service Worker, Lead Water Operator, Lead Water Reclamation Operator, Maintenance Manager, Utilities
Director, Utilities Regulatory Compliance Manager, Utility Maintenance Superintendent, Utility Maintenance
Technician I Flex, Utility Maintenance Technician II Flex, Utility Service Worker Crew Leader/Equipment Operator,
Utility Service Worker I Flex, Utility Service Worker II Flex, Water Operator I Flex, Water Operator II Flex,
Water Operator III Flex, Water Reclamation Operator I
Flex, Water Reclamation Operator II Flex, Water
Reclamation Operator III Flex
Facilities and Fleet
Personnel
Building Maintenance Technician, Facilities Maintenance and Project Supervisor, Facilities Maintenance
Technician I Flex, Facilities Maintenance Technician II Flex, Facilities Maintenance Supervisor, Senior Facilities Maintenance Technician, Lead Facilities Maintenance
Technician, Fleet Supervisor, Fleet Technician I Flex,
Fleet Technician II Flex, Lead Fleet Technician
Building and Code
Personnel
Building Inspection Supervisor, Building Inspector I Flex, Building Inspector II Flex, Building Official
GIS Personnel GIS Administrator, GIS Analyst, GIS Supervisor Police Department
Personnel
Chief of Police, Police Captain, Police Corporal, Police Detective, Police Lieutenant, Police Officer, Police
Sergeant
Public Safety
Communications/Dispatch
Personnel
Public Safety Communications Manager, Public Safety
Dispatch Call Taker, Public Safety Dispatch Supervisor, Public Safety Dispatcher I Flex, Public Safety Dispatcher II Flex, Public Safety Emergency Communications
Support Specialist, Public Safety Technical Support
Engineer, Senior Public Safety Dispatcher, Senior Public Safety Technical Support Engineer
Administrative and
Management Personnel
Administrative Assistant, Administrative Assistant I
(Confidential), Administrative Assistant II (Confidential), Office Assistant, Office Assistant (Confidential),
Item 6.7

Management Analyst I, Management Analyst II, Public
Information Officer
FINANCIAL IMPACT:

Adoption ensures the City remains eligible to seek reimbursement from Cal OES for eligible personnel compensation costs incurred by Fire Department personnel responding to mutual aid emergency incidents under the CFAA. It also allows the City to seek reimbursement for eligible personnel compensation costs incurred by other City employees, as identified in the resolution, who respond to or support mutual aid emergency incidents, including disasters occurring within the City of Corona. Failure to update the resolution could result in delayed or denied reimbursement of otherwise eligible personnel costs.

ENVIRONMENTAL ANALYSIS:

This action is exempt pursuant to Section 15061(b)(3) of the Guidelines for the California Environmental Quality Act (CEQA), which states that a project is exempt from CEQA if the activity is covered by the common sense exemption that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. There is no possibility that adopting Resolution No. 2026-092 will have a significant effect on the environment. Therefore, no environmental analysis is required.

PREPARED BY: ROBERT PETERSON, DEPUTY FIRE CHIEF
REVIEWED BY: BRIAN YOUNG, FIRE CHIEF
ATTACHMENTS:

1. Exhibit 1 – Resolution No. 2026-092

2. Exhibit 2 – Position Library and Compensation Plan (Effective June 13, 2026)

3. Exhibit 3 – Cal OES California Fire Assistance Agreement Approval Letter (June 30, 2015)
Item 6.7

RESOLUTION NO. 2026-092

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF CORONA, CALIFORNIA, PORTAL-TO-PORTAL PAY
FOR EMPLOYEES, AND SUPERSEDING THE CITY’S 2015

CALIFORNIA FIRE ASSISTANCE AGREEMENT
SUBMISSION AND RESCINDING RESOLUTION NO. 2013-
103
WHEREAS, the City of Corona (“City”) is a public agency located in the County of Riverside, State of California; and
WHEREAS, it is the City’s desire to provide fair and legal payment to all its employees for time worked; and
WHEREAS, the City has in its employ Fire Department response personnel, including: Fire Chief, Deputy Fire Chief, Battalion Chief, 40-Hour Battalion Chief, Fire Captain, 40-Hour Fire Captain, Fire Engineer, 40-Hour Fire Engineer, Firefighter, 40-Hour Firefighter, Firefighter/Paramedic, 40-Hour Firefighter/Paramedic, Fire Marshal, Deputy Fire Marshal, Fire Inspector I, and Fire Inspector II; and
WHEREAS, the City has in its employ the civilian/non-routine responder position of Nurse Educator; and
WHEREAS, the City has in its employ Emergency Management Personnel, including: Emergency Services Assistant, Emergency Services Coordinator, and Emergency Services Manager; and
WHEREAS, the City has in its employ Public Works/Utilities Personnel, including: Chief Distribution Operator, Chief Reclamation Operator, Chief Water Operator, Deputy Chief Operator - Water Reclamation, Lead Utility Maintenance Technician, Lead Utility Service Worker, Lead Water Operator, Lead Water Reclamation Operator, Maintenance Manager, Utilities Director, Utilities Regulatory Compliance Manager, Utility Maintenance Superintendent, Utility Maintenance Technician I Flex, Utility Maintenance Technician II Flex, Utility Service Worker Crew Leader/Equipment Operator, Utility Service Worker I Flex, Utility Service Worker II Flex, Water Operator I Flex, Water Operator II Flex, Water Operator III Flex, Water Reclamation Operator I Flex, Water Reclamation Operator II Flex, and Water Reclamation Operator III Flex; and
WHEREAS, the City has in its employ Facilities and Fleet Personnel, including:

Building Maintenance Technician, Facilities Maintenance and Project Supervisor, Facilities Maintenance Technician I Flex, Facilities Maintenance Technician II Flex, Facilities Maintenance Supervisor, Senior Facilities Maintenance Technician, Lead Facilities Maintenance Technician, Fleet Supervisor, Fleet Technician I Flex, Fleet Technician II Flex, and Lead Fleet Technician; and
Item 6.7

2 WHEREAS, the City has in its employ Building and Code Personnel, including:

Building Inspection Supervisor, Building Inspector I Flex, Building Inspector II Flex, and Building Official; and
WHEREAS, the City has in its employ GIS Personnel, including: GIS Administrator, GIS Analyst, and GIS Supervisor; and
WHEREAS, the City has in its employ Police Department Personnel, including:

Chief of Police, Police Captain, Police Corporal, Police Detective, Police Lieutenant, Police Officer, and Police Sergeant; and
WHEREAS, the City has in its employ Public Safety Communications/Dispatch Personnel, including: Public Safety Communications Manager, Public Safety Dispatch Call Taker, Public Safety Dispatch Supervisor, Public Safety Dispatcher I Flex, Public Safety Dispatcher II Flex, Public Safety Emergency Communications Support Specialist, Public Safety Technical Support Engineer, Senior Public Safety Dispatcher, and Senior Public Safety Technical Support Engineer; and
WHEREAS, the City has in its employ Administrative and Management Personnel, including: Administrative Assistant, Administrative Assistant I (Confidential), Administrative Assistant II (Confidential), Office Assistant, Office Assistant (Confidential), Management Analyst I, Management Analyst II, and Public Information Officer; and WHEREAS, the City will compensate its employees’ portal to portal while in the course of their employment and away from their official duty station and assigned to an emergency incident, in support of an emergency incident, or pre-positioned for emergency response; and WHEREAS, the City will compensate its employees’ overtime while in the course of their employment and away from their official duty station and assigned to an emergency incident, in support of an emergency incident, or pre-positioned for emergency response.

WHEREAS, on June 30, 2015, the Cal OES California Fire Assistance Agreement Committee approved the City’s previously submitted documentation for these purposes, and the City Council adopted the Position Library and Compensation Plan on June 3, 2026, effective June 13, 2026, reflecting current position/classification titles for all City departments, such that it is necessary to supersede the City’s 2015 CFAA submission [AND RESCIND RESOLUTION NO. 2013-103, IF APPLICABLE] and adopt this Resolution to reflect the City’s current position/classification titles and to extend its scope to the additional City employees described above.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF CORONA, CALIFORNIA, AS FOLLOWS:

SECTION 1. RECITALS. The City Council finds that the foregoing recitals are true and correct and are incorporated herein by this reference as though fully set forth.

SECTION 2. PORTAL-TO-PORTAL PAY. The City shall compensate its employees, including those described in the recitals above, portal to portal while in the course of Item 6.7

3 their employment and away from their official duty station and assigned to an emergency incident, in support of an emergency incident, or pre-positioned for emergency response.

SECTION 3. OVERTIME COMPENSATION. The City shall compensate its employees’ overtime while in the course of their employment and away from their official duty station and assigned to an emergency incident, in support of an emergency incident, or prepositioned for emergency response SECTION 4. SUPERSESSION. This Resolution supersedes and restates the City’s June 30, 2015, CFAA submission to Cal OES in its entirety, and Resolution No. 2013-103 is hereby rescinded.

SECTION 5. EFFECTIVE DATE. The conditions set forth in this Resolution, as stated above, shall take effect upon adoption by the City Council of the City of Corona, California.

PASSED, APPROVED AND ADOPTED this 2nd day of September, 2026.

Mayor of the City of Corona, California
ATTEST:

City Clerk of the City of Corona, California
Item 6.7

4 CERTIFICATION
I, Sylvia Edwards, City Clerk of the City of Corona, California, do hereby certify that the foregoing Resolution was regularly passed and adopted by the City Council of the City of Corona, California, at a regular meeting thereof held on the 2nd day of September, 2026 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINED:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Corona, California, this 2nd day of September, 2026.

City Clerk of the City of Corona, California
Item 6.7

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Item 6.7

DATE: September 2, 2026
TO: Honorable Mayor and City Council Members
Honorable President and Board Members
FROM: Utilities Department
2026-026

REQUEST FOR CITY COUNCIL AND

CORONA UTILITY AUTHORITY ACTION
SUBJECT:

PROFESSIONAL SERVICES AGREEMENT WITH WATERFLUENCE FOR

LANDSCAPE IRRIGATION EFFICIENCY REGULATORY COMPLIANCE SUPPORT EXECUTIVE SUMMARY:

This staff report asks the City Council to execute a Professional Services Agreement with Waterfluence, LLC. to support compliance with Senate Bill 606, Assembly Bill 1668, and Assembly Bill 1572. Waterfluence, LLC. will assess and classify irrigated landscape areas for Commercial, Industrial, and Institutional accounts, develop State-compliant GIS data, identify Special Landscape Areas and Non-Functional Turf, and provide a water budget platform with customer support and ongoing reporting.

RECOMMENDED ACTION:

That the City Council:
a. Authorize an appropriation in the amount of $200,000 to the Utilities Department‘s Sustainability and Conservation Operating Budget and an estimated revenue increase in the amount of $15,000 for a reimbursement from Western Water Municipal Water District in the Water Utility Fund (FD_1570).

Item 6.8

b. Authorize a bid award with Waterfluence, LLC. in the amount of $200,000 for Landscape Irrigation Efficiency Regulatory Compliance Support pursuant to Corona Municipal Code Section 3.08.125(B) - Competitive bidding already completed.
c. Authorize the City Manager, or his designee, to negotiate and execute the Professional Services Agreement with Waterfluence, LLC. in the amount of $200,000 during the initial fiscal year ending June 30, 2027, and an additional $100,000 per year for the second and third year, including any non-substantive extensions, change orders, purchase orders and amendments up to the amount authorized in the Corona Municipal Code Section 3.08.070(G), which is equivalent to 10% or $20,000 during the initial fiscal year, and $10,000 per year for the second and third year.
d. Authorize the City Manager, or his designee, to issue a purchase order to Waterfluence, LLC. in the amount of $200,000 for the initial fiscal year ending June 30, 2027, and an additional $100,000 per year for the second and third year, with the initial contract term ending June 30, 2029, and optional one-year renewals hereinafter.

That the Corona Utility Authority review, ratify, and to the extent necessary, direct that the City Council take the above actions.

BACKGROUND & HISTORY:

California’s long-term water conservation framework, “Making Conservation a California Way of Life” (Senate Bill (SB) 606 and Assembly Bill (AB) 1668), requires urban water suppliers to adopt more precise, data-driven methods for managing outdoor water use.

These laws direct the State Water Board to develop standards that ensure Commercial, Industrial, and Institutional (CII) property-type landscapes are measured accurately, and their respective water budgets can be enforced statewide. Over time, these regulations have evolved into specific mandates, targeting how cities must quantify CII-irrigated landscape areas and report annual water-use performance.

In July 2024, the State Water Board formally adopted the water conservation framework, “Making Conservation a California Way of Life,” which set the CII Dedicated Irrigation Meter (DIM) Standard. This standard requires every water supplier—including the City of Corona—to measure and substantiate irrigated landscape areas for all CII-DIM accounts by July 1, 2028. These measurements will serve as a foundation for the State-approved water budgets that become enforceable on that date. The regulation also established a Mixed-Use Meter (MUM) threshold, requiring identification of large CII mixed-use sites by June 30, 2027, with further compliance steps due by 2029.

Additionally, the passage of Non-Functional Turf restrictions (AB 1572) created a statewide ban on irrigating non-functional turf (NFT) - first for government properties by January 1, 2027, and then for all CII properties by January 1, 2028. This means that the Item 6.8

City must be able to properly identify/map NFTs and notify customers, support compliance, and prepare for enforcement. These obligations, along with new annual reporting requirements that began on January 1, 2025, have made accurate landscape measurements and site-specific water budget tools – essential operational needs for water suppliers, such as the City of Corona.

Together, SB 606, AB 1668, and AB 1572 mandate the state requirements that necessitate the recommended professional services agreement with Waterfluence, LLC (Waterfluence). To comply, Corona must complete high-accuracy landscape measurements, classify sensitive land types, such as special landscape areas and NFT, and deploy a platform that generates water budgets, supports customers, and produces State-ready reporting outputs. Waterfluence’s work ensures the City has the technical, regulatory, and customer engagement infrastructure that is required for full compliance with the State’s water-use efficiency standards.

ANALYSIS:

On May 7, 2026, the Inland Empire Utilities Agency (IEUA) published a request for proposal (RFP) for a multi-year comprehensive program to measure, classify, and manage Commercial, Industrial, and Institutional irrigated landscapes, while deploying a water budgeting platform to ensure compliance with SB 606, AB 1668, and AB 1572 – and received one (1) bid. The IEUA determined that Waterfluence, LLC. can successfully provide the level of services required at a reasonable cost.

In turn, the City of Corona’s Utilities Department staff evaluated the IEUA’s determination and decided that it meets Corona’s comprehensive program requirements. Staff believes that Competitive Bidding has been accomplished for these services pursuant to Corona Municipal Code Section 3.08.125(B), which states as follows:
“Competitive Bidding already completed.” When the purchasing agent and the authorized contracting party, with the approval of the City Manager, determines that:
(1) A competitive bid procedure has been conducted by another public agency...; and
(2) The price to the city is equal to or better than the price to that public agency.” Additionally, the price to the City is equal to or better than the prices outlined in the IEUA Professional Services Contract. Waterfluence’s scope of work and pricing is shown below:

Description IEUA
Unit Cost
City of Corona
Unit Cost
Site Set-up $88 $85
Ongoing Maintenance $66 $62
Landscape Field Survey (LFS) $1,800 $1,800
Year 1 $88 + $66 + needed LFS $85 + $62 + needed LFS
Year 2 $66 + needed LFS $62 + needed LFS
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Year 3 $66 + needed LFS $62 + needed LFS
The Utilities Department staff is requesting City Council consideration to approve the Professional Services Agreement with Waterfluence to develop a comprehensive program to measure, classify, and manage CII-irrigated landscapes, while deploying a water budgeting platform to ensure City of Corona’s compliance with SB 606, AB 1668, and AB 1572.

FINANCIAL IMPACT:

Approval of the recommended actions will result in an appropriation in the amount of $200,000 to the Utilities Department Sustainability and Conservation Operating Budget and an estimated revenue increase in the amount of $15,000 for a reimbursement from Western Water Municipal District in the Water Utility Fund (FD_1570). Funding for future fiscal years will be recommended through the annual budget process. An annual reimbursement request from Western Municipal Water District will be submitted in the amount of $15,000, and if approved, will be deposited into the Water Utility Fund (FD_1570) revenue account to offset the cost of this agreement.

ENVIRONMENTAL ANALYSIS:

This action is exempt pursuant to Section 15061(b)(3) of the Guidelines for the California Environmental Quality Act (CEQA), which states that a project is exempt from CEQA if the activity is covered by the “common sense” exemption that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. This action is to approve a professional services agreement with Waterfluence to assess irrigable landscape areas and deploy a water budgeting platform and there is no possibility that approving this agreement will have any impact on the environment.

Therefore, no environmental analysis is required.

PREPARED BY: NADIYA BALUKH, SUSTAINABILITY SUPERVISOR
REVIEWED BY: TOM MOODY, DIRECTOR OF UTILITIES
ATTACHMENTS:

1. Exhibit 1 – Waterfluence PSA

2. Exhibit 2 – IEUA Professional Services Contract
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CITY OF CORONA

PROFESSIONAL SERVICES AGREEMENT

WITH WATERFLUENCE LLC
(LANDSCAPE IRRIGATION EFFICIENCY REGULATORY COMPLIANCE SUPPORT SERVICES – SB 606 / AB 1668 CII IRRIGATION COMPLIANCE PROJECT)

1. PARTIES AND DATE.

This Agreement is made and entered into this _________ day of _________________, 2026 (“Effective Date”) by and between the City of Corona, a municipal corporation organized under the laws of the State of California with its principal place of business at 400 South Vicentia Avenue, Corona, California 92882 (“City”) and Waterfluence LLC, a Colorado limited liability company, with its principal place of business at 1460 Mitchell Way, Redwood City, California 94061 (“Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

2. RECITALS.

2.1 Consultant.

Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement.

Consultant represents that it is experienced in providing landscape irrigation efficiency regulatory compliance support services to public clients, is licensed in the State of California, and is familiar with the plans of City.

2.2 Project.

City desires to engage Consultant to render such services for the SB 606 / AB 1668 CII Irrigation Compliance project (“Project”) as set forth in this Agreement.

2.3 Corona Utility Authority.

Consultant understands that the City has entered into a Water Enterprise Management Agreement and a Wastewater Enterprise Management Agreement, both dated as of February 6, 2002, with the Corona Utility Authority (“CUA”) for the maintenance, management and operation of those utility systems (collectively, the “CUA Management Agreements”). To the extent that this Agreement is deemed to be a "material contract" under either of the CUA Management Agreements, City enters into this Agreement on behalf of the CUA and subject to the terms of the applicable CUA Management Agreement(s).

3. TERMS.

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3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional landscape irrigation efficiency regulatory compliance support consulting services necessary for the Project (“Services”). The Services are more particularly described in Exhibit “A” attached hereto and incorporated herein by reference.

All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules, and regulations.

3.1.2 Term.

3.1.2.1 Initial Term. The initial term of this Agreement shall be from September 2, 2026 to June 30, 2029 (“Initial Term”), unless earlier terminated as provided herein.

Consultant shall complete the Services within the Term of this Agreement, and shall meet any other established schedules and deadlines.

3.1.2.2 Renewal Term(s). The Parties may, by mutual, written consent, extend the Term of this Agreement one or more times by executing a written amendment pursuant to Section 3.6.8 below (each a “Renewal Term”).

3.1.2.3 Term Defined. The terms “Initial Term” and “Renewal Term” may sometimes be generally and collectively referred to as “Term” in this Agreement.

3.2 Responsibilities of Consultant.

3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee.

Consultant retains the right to perform similar or different services for others during the Term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.

3.2.2 Schedule of Services. Consultant shall perform the Services within the Term of this Agreement, in accordance with the Schedule of Services set forth in Exhibit “B” attached hereto and incorporated herein by reference, and in accordance with any other completion schedule or milestones which may be separately agreed upon in writing by the Parties. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant’s conformance with the Schedule, City shall respond to Consultant’s submittals in a timely manner. Upon request of City, Docusign Envelope ID: 8CAF1AA7-A6B4-80ED-8165-EEE7B6BDB2A0 Item 6.8

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Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.

3.2.3 Conformance to Applicable Requirements. All Services performed by Consultant shall be subject to the approval of City.

3.2.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City.

The key personnel for performance of this Agreement are as follows: John Whitcomb, Ph.D., Brooke Whitcomb, Sofie Holmgren, Chris Willig and David Baker.

3.2.5 City’s Representative. The City hereby designates Aftab Hussain, or his or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Contract. Consultant shall not accept direction or orders from any person other than the City’s Representative or his or her designee.

3.2.6 Consultant’s Representative. Consultant hereby designates John Whitcomb, Ph.D, or his designee, to act as its representative for the performance of this Agreement (“Consultant’s Representative”). Consultant’s Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City’s staff, consultants and other staff at all reasonable times.

3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant agrees that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subconsultants shall have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the Term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, Docusign Envelope ID: 8CAF1AA7-A6B4-80ED-8165-EEE7B6BDB2A0 Item 6.8

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any services necessary to correct errors or omissions which are caused by the Consultant’s failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.

3.2.9 Laws and Regulations; Employee/Labor Certifications. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If the Consultant performs any work or Services knowing them to be contrary to such laws, rules and regulations and without giving written notice to the City, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees, and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.2.9.1 Employment Eligibility; Consultant. By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Consultant.

Consultant also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the Term of the Agreement. Consultant shall avoid any violation of any such law during the Term of this Agreement by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Consultant shall maintain records of each such verification, and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Consultant’s compliance with the requirements provided for in Section 3.2.9 or any of its subsections.

3.2.9.2 Employment Eligibility; Subcontractors, Consultants, Subsubcontractors and Subconsultants. To the same extent and under the same conditions as Consultant, Consultant shall require all of its subcontractors, consultants, sub-subcontractors and subconsultants performing any work or Services relating to the Project or this Agreement to make the same verifications and comply with all requirements and restrictions provided for in Section

3.2.9.1. Docusign Envelope ID: 8CAF1AA7-A6B4-80ED-8165-EEE7B6BDB2A0 Item 6.8

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3.2.9.3 Employment Eligibility; Failure to Comply. Each person executing this Agreement on behalf of Consultant verifies that they are a duly authorized officer of Consultant, and understands that any of the following shall be grounds for the City to terminate the Agreement for cause: (1) failure of Consultant or its subcontractors, consultants, subsubcontractors or subconsultants to meet any of the requirements provided for in Sections 3.2.9.1 or 3.2.9.2; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verifications provided to the Consultant under Section 3.2.9.2); or (3) failure to immediately remove from the Project any person found not to be in compliance with such requirements.

3.2.9.4 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.

3.2.9.5 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City’s Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.

3.2.9.6 Air Quality. To the extent applicable, Consultant must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the South Coast Air Quality Management District (SCAQMD) and/or California Air Resources Board (CARB). Although the SCAQMD and CARB limits and requirements are more broad, Consultant shall specifically be aware of their application to "portable equipment", which definition is considered by SCAQMD and CARB to include any item of equipment with a fuelpowered engine. Consultant shall indemnify City against any fines or penalties imposed by SCAQMD, CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Consultant, its subconsultants, or others for whom Consultant is responsible under its indemnity obligations provided for in this Agreement.

3.2.10 Insurance.

3.2.10.1 Time for Compliance. Before Consultant commences any Services under this Agreement, Consultant shall provide evidence satisfactory to the City that it has secured all insurance required under this section. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Agreement for cause.

3.2.10.2 Minimum Requirements. Consultant shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of Docusign Envelope ID: 8CAF1AA7-A6B4-80ED-8165-EEE7B6BDB2A0 Item 6.8

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the Agreement by the Consultant, its agents, representatives, employees or subconsultants.

Consultant shall also require all of its subconsultants to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage:
(A) Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability:

Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non-owned); and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. (B) Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury, advertising injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used including, but not limited to, form CG 2503, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation limits as required by the Labor Code of the State of California. Employer’s Liability limits of $1,000,000 per accident for bodily injury or disease.

3.2.10.3 Professional Liability. Consultant shall procure and maintain, and require its sub-consultants to procure and maintain, for a period of five (5) years following completion of the Project, errors and omissions liability insurance appropriate to their profession. Such insurance shall be in an amount not less than $1,000,000 per occurrence or claim, $2,000,000 aggregate.

3.2.10.4 Insurance Endorsements. The insurance policies shall contain or be endorsed (amended) to include the following provisions:
(A) General Liability. The general liability policy shall state that: (1) the City, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insured with respect to liability arising out of work or operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection therewith (the endorsement form shall be at least as broad as ISO Form CG 20 10 11 85 or both CG 20 37 and one of the following: CG 20 10, CG 20 26, CG 20 33 or CG 20 38); and (2) the insurance coverage shall be primary insurance coverage as respects the City, its directors, officials, officers, employees, agents, and volunteers (the endorsement form shall be at least as broad as ISO CG 20 01 04 13). Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Consultant’s insurance and shall not be called upon to contribute with it in any way.
(B) Waiver of Subrogation – Workers’ Compensation and
Employer’s Liability Coverage. The insurer shall agree to waive all rights of subrogation against Docusign Envelope ID: 8CAF1AA7-A6B4-80ED-8165-EEE7B6BDB2A0 Item 6.8

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the City, its directors, officials, officers, employees, agents, and volunteers for losses paid under the terms of the insurance policy which arise from work or Services performed by the Consultant. (C) All Coverages. If Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City is entitled to the broader coverage and/or higher limits maintained by Consultant. Thus, any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

3.2.10.5 Other Provisions; Endorsements Preferred. Consultant shall endeavor to provide endorsements regarding the following provisions, but nonetheless understands, acknowledges and agrees that the following provisions shall apply and that failure to comply shall be considered to be a breach of this Agreement by Consultant:
(A) Waiver of Subrogation – All Other Policies. Consultant hereby waives all rights of subrogation any insurer of Consultant’s may acquire against the City, its directors, officials, officers, employees, agents, and volunteers for losses paid under the terms of any insurance policy which arise from work or Services performed by the Consultant.

Consultant understands, acknowledges and agrees that this provision is in full force and effect even if the City does not receive a waiver of subrogation endorsement from the insurer. (B) Notice. Consultant shall either: (1) require its insurer to provide thirty (30) days prior written notice to the City before coverage is suspended, voided, or canceled; or (2) notify City in writing that such notice is not available and forward any notice of such actions to the City within two (2) business days from date of receipt by Consultant. Consultant understands, acknowledges and agrees that this provision is in full force and effect even if the City does not receive a waiver of subrogation endorsement from the insurer.

3.2.10.6 Claims Made Policies. The following provisions shall apply to all policies that provide coverage on a claims-made basis: (A) the retroactive date must be shown and must be before the date on which any Services under this Agreement commence; (B) the insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Project; and (C) if coverage is canceled or not renewed and is not replaced with another claims-made policy with a retroactive date prior to the date on which any Services under this Agreement commence, Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of Project.

3.2.10.7 Deductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. The City may require the Consultant to provide proof of ability to pay losses and related investigation, claims administration and defense expenses within the deductible or self-insured retention. The deductible or self-insured retention may be satisfied by either the named insured or the City.

3.2.10.8 Acceptability of Insurers. Unless under the circumstances a different rating is otherwise acceptable to the City in its sole and absolute discretion, insurance is to be placed with insurers which are satisfactory to the City and which meet either of the following criteria : (1) an insurer with a current A.M. Best’s rating no less than A-:VII and licensed as an Docusign Envelope ID: 8CAF1AA7-A6B4-80ED-8165-EEE7B6BDB2A0 Item 6.8

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admitted insurance carrier in California; or (2) an insurer with a current A.M. Best’s rating no less than A-:X and authorized to issue the required policies in California.

3.2.10.9 Verification of Coverage (Initially & Annually). Consultant shall furnish City with original certificates of insurance, as well as amendatory endorsements or copies of the applicable policy language effecting coverage required by this Agreement.

Consultant’s obligation herein shall be met not only with the commencement of the Initial Term, but annually as well for duration of the Agreement. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.

3.2.10.10 Reporting of Claims. Consultant shall report to the City, in addition to Consultant’s insurer, any and all insurance claims submitted by Consultant in connection with the Services under this Agreement.

3.2.10.11 Sub-Consultants. All sub-consultants shall comply with each and every insurance provision of this Section 3.2.10. Consultant shall therefore not allow any sub-consultant to commence work on any subcontract to perform any part of the Services until it has provided evidence satisfactory to the City that the sub-consultant has secured all insurance required under this Agreement.

3.2.10.12 Special Risk or Circumstances. The City reserves the right, in its sole and absolute discretion, to modify the requirements of this Section 3.2.10, including limits, based on any of the following: (A) the nature of the risk of the Services; (B) the prior experience of the insured; (C) the rating or other quality or characteristic of the insurer; (D) any special or unique coverage issues; and (E) any other special or unique circumstances.

3.2.11 Safety. Consultant shall execute and maintain its work and Services so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the Services and the conditions under which the Services are to be performed.

3.2.12 Payment Bond. The California Department of Industrial Relations (“DIR”) has communicated to the City that there is a possibility that a payment bond may be required for certain services provided in connection with a public works project. Since such a requirement is currently contrary to the industry standard for the services provided by Consultant under this Agreement and since there is no direct legal authority for this position, the City is not requiring Consultant to provide a payment bond at this time. However, the City hereby reserves the right to require the Consultant to obtain and provide a payment bond for some or all of the Services provided by the Consultant under this Agreement.

If the City determines that a payment bond is required for the Services pursuant to Civil Code Section 9550 or any other applicable law, rule or regulation, Consultant shall execute and provide to City a payment bond in an amount required by the City and in a form provided or approved by the City. In the event a payment bond is required, the City agrees to compensate Consultant for all documented direct costs incurred by Consultant for such payment bond. The Docusign Envelope ID: 8CAF1AA7-A6B4-80ED-8165-EEE7B6BDB2A0 Item 6.8

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Parties shall memorialize the terms of such additional compensation and any other terms and conditions associated with the payment bond in an amendment to this Agreement.

3.2.13 Accounting Records. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

3.3 Fees and Payments.

3.3.1 Rates & Total Compensation.

3.3.1.1 Initial Term - Rates. During the Initial Term, Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C” attached hereto and incorporated herein by reference.

3.3.1.2 Renewal Term(s) - Rate Increases. Rates to be paid during any Renewal Term shall be as provided for in the written amendment(s) entered into for such Renewal Term(s).

3.3.1.3 Initial Term - Total Compensation. The total compensation paid, including authorized reimbursements, shall not exceed Four Hundred Thousand Dollars ($400,000) per Exhibit ‘C’ during the Initial Term (“Total Compensation”), without written approval of City’s Representative.

3.3.1.4 Renewal Term(s) - Total Compensation. The Total Compensation to be paid during any Renewal Term shall be as provided for in the written amendment(s) entered into for such Renewal Term(s).

3.3.1.5 Extra Work – Compensation. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

3.3.2 Payment of Compensation. Consultant shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Consultant.

The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 30 days of receiving such statement, review the statement and pay all approved charges thereon.

3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City.

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3.3.4 Extra Work. At any time during the Term of this Agreement, City may request that Consultant perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.

Consultant shall not perform, nor be compensated for, Extra Work without written authorization from City’s Representative.

3.3.5 Prevailing Wages. Consultant is aware of the requirements of Chapter 1 (beginning at Section 1720 et seq.) of Part 7 of Division 2 of the California Labor Code, as well as Title 8, Section 16000 et seq. of the California Code of Regulations (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the Total Compensation is $1,000 or more, Consultant and its subconsultants shall fully comply with the Prevailing Wage Laws for their employees and any others to whom such laws are applicable. Consultant and its subconsultants shall also be responsible for any and all violations and fines imposed on them pursuant to the Prevailing Wage Laws. Pursuant to SB 854, which amended the Prevailing Wage Laws, this Agreement would also be subject to compliance monitoring and enforcement by the California Department of Industrial Relations (“DIR”). Beginning April 1, 2015, no consultant or subconsultant may be awarded this Agreement unless registered with the DIR pursuant to Labor Code Section 1725.5. The City will report all necessary agreements to the DIR as required by the Prevailing Wage Laws. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant’s principal place of business and at the Project site. It is most efficient for the Consultant to obtain a copy of the prevailing wages in effect at the commencement of this Agreement from the website of the Division of Labor Statistics and Research of the DIR located at www.dir.ca.gov/dlsr/. In the alternative, Consultant may obtain a copy of the prevailing wages from the City’s Representative. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

3.3.6 Apprenticeable Crafts. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, Consultant shall comply with the provisions of Section 1777.5 of the California Labor Code with respect to the employment of properly registered apprentices upon public works when Consultant employs workmen in an apprenticeable craft or trade. The primary responsibility for compliance with said section for all apprenticeable occupations shall be with Consultant.

3.4 Termination of Agreement.

3.4.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those Services which have been adequately rendered to City, as well as any Docusign Envelope ID: 8CAF1AA7-A6B4-80ED-8165-EEE7B6BDB2A0 Item 6.8

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authorized reimbursable expenses, and Consultant shall be entitled to no further compensation.

Consultant may not terminate this Agreement except for cause.

3.4.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.

3.4.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

3.5 Ownership of Materials and Confidentiality.

3.5.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically, electronically or otherwise recorded or stored, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents & Data”). All Documents & Data shall be and remain the property of City, and shall not be used in whole or in substantial part by Consultant on other projects without the City's express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of five (5) years following completion of the Project, and shall make copies available to City upon the payment of actual reasonable duplication costs. In addition, before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents.

3.5.2 Subconsultants. Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or its subconsultants, or those provided to Consultant by the City.

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3.5.3 Right to Use. City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Consultant shall be at City’s sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents and employees from claims arising out of the negligent use or reuse of the Documents & Data on such other project. Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment or termination. Consultant shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant.

3.5.4 Indemnification. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by City of the Documents & Data, including any method, process, product, or concept specified or depicted.

3.5.5 Confidentiality. All Documents & Data, either created by or provided to Consultant in connection with the performance of this Agreement, shall be held confidential by Consultant. All Documents & Data shall not, without the prior written consent of City, be used or reproduced by Consultant for any purposes other than the performance of the Services. Consultant shall not disclose, cause or facilitate the disclosure of the Documents & Data to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant that is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City’s name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

3.6 General Provisions.

3.6.1 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective Parties at the following address, or at such other address as the respective Parties may provide in writing for this purpose:

Consultant:

Waterfluence LLC
1460 Mitchell Way
Redwood City, CA 94061
Attn: John Whitcomb, Ph.D.

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City:

City of Corona
400 South Vicentia Avenue
Corona, CA 92882
Attn: Tom Moody, Utilities Director
Utilities Department
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the Party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.6.2 Indemnification. To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, to the extent arising out of, pertaining to, or incident to any alleged willful misconduct or negligent acts, errors or omissions of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s Services, the Project or this Agreement, including without limitation the payment of all settlement amounts, expert witness fees and attorney's fees and other related costs and expenses. Notwithstanding the foregoing, to the extent Consultant's Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. Consultant’s obligation to indemnify shall survive expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials officers, employees, agents, or volunteers.

3.6.3 Governing Law; Government Code Claim Compliance. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Consultant must comply with the claim procedures set forth in Government Code Sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Consultant. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant shall be barred from bringing and maintaining a valid lawsuit against the City.

3.6.4 Time of Essence. Time is of the essence for each and every provision of this Agreement.

3.6.5 City’s Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.

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3.6.6 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the Parties.

3.6.6.1 Subconsultants; Assignment or Transfer. Consultant shall not subcontract any portion of the Services required under this Agreement, except as expressly authorized herein, without the prior written approval of the City. Subcontracts, if any, shall include a provision making them subject to all provisions of this Agreement. Consultant shall also not assign, hypothecate or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to subcontract or take any other action not authorized herein shall be null and void, and any subconsultants, assignees, hypothecates or transferees shall acquire no right or interest by reason of such action.

3.6.6.2 Corona Utility Authority. To the extent that this Agreement is deemed to be a "material contract" under either of the CUA Management Agreements, Consultant has no right to terminate this Agreement, either with or without cause, based upon the existence or non-existence of either or both of the CUA Management Agreements. Therefore, if an applicable CUA Management Agreement expires or terminates for any reason, Consultant shall remain fully obligated to perform under this Agreement with the CUA or another third party contracted by the CUA for the maintenance, management and operation of the applicable utility system.

3.6.7 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days.

All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content or intent of this Agreement.

3.6.8 Amendment; Modification. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

3.6.9 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise.

3.6.10 No Third Party Beneficiaries. Except to the extent expressly provided for in Section 3.6.6, there are no intended third party beneficiaries of any right or obligation assumed by the Parties.

3.6.11 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

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3.6.12 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further agrees to file, or shall cause its employees or subconsultants to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the Term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

3.6.13 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.

3.6.14 Attorney’s Fees. If either Party commences an action against the other Party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing Party in such litigation shall be entitled to have and recover from the losing Party reasonable attorney’s fees and all other costs of such action.

3.6.15 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.

3.6.16 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

3.6.17 Entire Agreement. This Agreement contains the entire Agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both Parties.
[SIGNATURES ON NEXT 2 PAGES]
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CITY’S SIGNATURE PAGE FOR

CITY OF CORONA

PROFESSIONAL SERVICES AGREEMENT

WITH WATERFLUENCE LLC
(LANDSCAPE IRRIGATION EFFICIENCY REGULATORY COMPLIANCE SUPPORT SERVICES – SB 606 / AB 1668 CII IRRIGATION COMPLIANCE PROJECT) IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the date first written above.

CITY OF CORONA
By: _________________________
Tom Moody
Utilities Director
Reviewed By:
_________________________
Aftab Hussain
Assistant Utilities Director
Reviewed By:
_________________________
Nicole McDaniel
Deputy Director of Finance
Attest:
_________________________
Sylvia Edwards, City Clerk
City of Corona, California
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CONSULTANT’S SIGNATURE PAGE FOR

CITY OF CORONA

PROFESSIONAL SERVICES AGREEMENT

WITH WATERFLUENCE LLC
(LANDSCAPE IRRIGATION EFFICIENCY REGULATORY COMPLIANCE SUPPORT SERVICES – SB 606 / AB 1668 CII IRRIGATION COMPLIANCE PROJECT) IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the date first written above.

WATERFLUENCE LLC
a Colorado limited liability company
By: _________________________
John B. Whitcomb, Ph.D.

Executive Director
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EXHIBIT “A”

SCOPE OF SERVICES
The City can select the landscape sites to add to Consultant’s program to best meet their needs.

The City can select sites by customer type (commercial, public, residential), source of supply (potable, non-potable), level of water use (e.g., above 500 CCF per year), DIM or MUM, or other factors. Regardless, all sites added will follow the same scope of work and related unit cost fees.

Consultant’s project manager will be available, as needed, for coordination meetings (webinars) with City staff to discuss participation options and program details.

A. Site Setup

1. Meters. City provides Consultant with relevant water meter information including customer, service address with geolocation (latitude & longitude) as available, identification numbers, use type (e.g., irrigation), and source type (e.g., potable or recycled). Consultant organizes meters into sites as some sites are supplied by multiple meters.

2. Water Use. City provides Consultant with at least one year of historical water use for each meter from billing records. Data fields include an identification number (e.g., account number), read date, and water use.

3. Water Costs and Weather. Consultant collects the City water prices for lost dollar calculations including any differences between potable and non-potable sources.

Consultant obtains daily weather data (evapotranspiration and rainfall) from local sources (e.g., CIMIS).

4. Landscape Maps. Using the Google Earth Engine cloud platform, Consultant creates site boundary polygons based on meter information, county tax assessor parcel maps, and other relevant sources. Consultant measures irrigated areas at each participating site based on recent aerial imagery and Street View on the Google platform.

Consultant defines irrigated areas as the irrigated planting beds with in-ground irrigation systems. Irrigated areas are classified as turf, shrub (e.g., groundcovers, shrubs, and trees), or water features (e.g., pools, ponds, fountains). Mapping factors in multiple imagery layers taken in different seasons (winter and summer) and ground level images by Street View to determine areas masked under mature tree canopy. For quality control, Consultant factors in historical water use to identify and address outliers where the depth of water applied is not realistic; the process flags such sites for additional investigation to resolve.

5. Dedicated Irrigation Meter (DIM) Water Budgets. For sites with DIMs, Consultant creates landscape water budgets based on the landscape coefficient method using Docusign Envelope ID: 8CAF1AA7-A6B4-80ED-8165-EEE7B6BDB2A0 Item 6.8

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site-specific characteristics (e.g., landscape areas, plant types, shrub density, irrigation efficiency standard, recycled water leaching factor) and daily weather.

City can change any of the factors for any site via the website.

6. Indoor Water Budgets. For sites including indoor water meters, Consultant creates indoor water budgets benchmarked to historical water norms. This is optional.

7. Mixed Use Meter (MUM) Water Budgets. For sites with MUM, Consultant creates budgets based on combining DIM and indoor budget components. City can review and adjust the method used to estimate the indoor component of total water use; users can directly adjust indoor water use on the website.

8. Hourly Water Data. If available, Consultant integrates with advanced metering infrastructure (AMI) systems to process and display hourly/minute water data on its website. Consultant AMI features include hourly and daily charts, leak notifications, and irrigation-centric insights related to day spikes, days-per-week of irrigation, and daytime irrigation.

9. City Website Access. City staff get online access at www.waterfluence.com with a dashboard and overview map highlighting participating sites. Users can drill down to the details of each site showing annual performance metrics, charts of actual water compared to its water budget, suggested insights including lost dollar calculations, the account holder and other stakeholders, site messages and notifications, interactive landscape map, and water budget calculations. The website also maintains real-time summary statistics and regulatory compliance reporting data.

10.Stakeholder Website Access. Water account holders get online access to www.waterfluence.com with content like City users but restricted only to their sites. Consultant uses multiple tactics to help onboard account holders by leveraging: 1) billing information, 2) account holders already participating in Consultant, and 3) the landscape contractor community.

B. Ongoing Maintenance

11.Water Billig Information. At the beginning of each month, City forwards Consultant a digital file with current account holder information and the previous month’s billed water use for meters in the program. Consultant appends new water records to its database and generates updated water budgets. Consultant checks for and updates account holder information; old account holders lose access, and new account holders get outreach following the setup process.

12.Stakeholder Notifications. Consultant sends monthly email notifications to online site stakeholders after new water use is posted for viewing. Account holders can authorize additional stakeholders such as HOA board members and landscape contractors to access their sites’ information online. Consultant investigates email Docusign Envelope ID: 8CAF1AA7-A6B4-80ED-8165-EEE7B6BDB2A0 Item 6.8

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bounce backs for replacements. If hourly water data is available, Consultant emails automated alerts when hourly water use exceeds specified thresholds (e.g., continuous use for over 48 hours).

13.Stakeholder Support. Consultant provides customer service to all users via website messages, email, webinars, and toll-free telephone number. Stakeholders are encouraged to modify their site maps online to keep them accurate and in conformance with Consultant mapping guidelines.

14. Website Maintenance. Consultant continuously maintains all features and security of its website.

15.California Compliance Reporting. Consultant assists City with California reporting requirements associated with Making Conservation A California Way of Life (SB 606 and AB 1668) and nonfunctional turf restrictions (AB 1572). Assistance includes compiling CII-DIM landscape measurements, denoting special landscape areas (SLA), identifying large landscape MUM sites, documenting services meeting CII BMP requirements, and identification of opportunities to replace nonfunctional turf.

16.Annual Report. For suppliers with over 100 sites in the program, Consultant creates an annual report summarizing program performance over the previous calendar or fiscal year. Topics include summarizing the number of DIM, number of sites, irrigated areas by classification, water applied, and overwatering. Results pivot on customer type (commercial, public, residential) and site size, among other factors.

The report documents user engagement, identifying sites with the most overwatering, and multi-year water trends. The report includes California regulatory compliance metrics for the reporting year.

C. Landscape Field Surveys
A landscape field survey entails Consultant sending out an irrigation expert to a site to gather in-depth diagnostics, adjust the landscape map, and provide recommendations to improve irrigation efficiency. Field surveys complement water use monitoring by troubleshooting complicated irrigation issues and improving the accuracy of water budget inputs with “boots-on-the-ground” observations.

City specifies the maximum number of field surveys, if any, to perform during a year.

Field surveys are free to customers, but the account holder must accept the field survey offer from the Consultant website with these conditions: (a) an irrigation expert from Consultant may physically access this site to conduct a field survey; (b) to make a good- faith effort to meet or have a representative meet the irrigation expert at the survey location at mutually agreed upon day and time; and (c) to share the survey results and site information with the water agency financially sponsoring the survey for administrative and evaluation purposes.

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17.Targeting and Marketing. City preapproves sites eligible to receive a landscape field survey with ability to target surveys at sites with the highest potential water savings. Consultant markets the field survey opportunity to account holders via the website and email notifications. Customers are required to accept the field survey via a click-through agreement. Sites accepting a field survey are added to the Consultant field survey queue.

18.Performing Field Surveys. Consultant schedules surveys with stakeholders at sites in the field survey queue. The survey includes Consultant sending an irrigation expert to:
a. Refine the site map and water budget assumptions.
b. Operate portions of the irrigation system to evaluate its performance and condition.
c. Document findings related to irrigation scheduling and integrity of the irrigation system (broken or misaligned sprinkler heads, leaks, water pressure, flow rates, matching rotor nozzles).

19.Field Survey Report. Consultant documents field survey findings and recommendations in a field survey report (PDF) posted on the Consultant website.

Consultant notifies all site stakeholders when the report is ready to review and addresses any questions with post- survey support by email, telephone or webinar.

Recommendations include:
a. Irrigation scheduling adjustments
b. Irrigation system improvements including critical repairs and upgrades c. Landscape modifications or transformations
d. Potential water savings associated with implementation of recommendation.

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EXHIBIT “B”

SCHEDULE OF SERVICES
Consultant shall perform the Services within the Term of this Agreement, in accordance with any other completion schedule or milestones which may be separately agreed upon in writing by the Parties.

The term of this Contract shall be effective as of September 2, 2026, and continue in effect through June 30, 2029, unless agreed upon by both parties, reduced to writing, and amended to this Agreement.

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EXHIBIT “C”

COMPENSATION
Total Compensation for the initial agreement term shall not exceed $400,000. Annual compensation shall be capped at $200,000 for the first year, $100,000 for the second year, and $100,000 for the third year.

Description Number of
Meters
Unit Cost Total Cost
a) Year 1 Site Setup and Maintenance 1,086 $147 $159,642 b) Year 2 Ongoing Maintenance 1,086 $62 $67,332
c) Year 3 Ongoing Maintenance 1,086 $62 $67,332
d) Landscape Field Survey 0 $1,800 $0
Costs are inclusive of all equipment, materials, transportation, overhead, travel, profit, insurance, sales and other taxes, licenses, incidentals, and all other related costs necessary to provide the required services. There are no costs associated with meetings as needed.

Consultant will send invoices on a quarterly basis for completed work based on the number of meters in the program and field surveys performed. Regarding MUM sites with greater than 0.5 acres of landscape, Consultant will charge the same unit costs for site setup and ongoing maintenance.

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4600003793 (GD) Page 1 of 15
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PROFESSIONAL SERVICES CONTRACT NUMBER: 4600003793

FOR PROVISION OF

THE LANDSCAPE WATER BUDGET PROGRAM
THIS CONTRACT (the "Contract"), is made and entered into this _______ day of ___________, 2026 by and between the Inland Empire Utilities Agency, a Municipal Water District, organized and existing in the County of San Bernardino under and by virtue of the laws of the State of California (hereinafter referred to as "Agency" or “IEUA”), and Waterfluence LLC of Menlo Park, CA (hereinafter referred to as "Contractor"), for the Landscape Water Budget Program.

NOW, THEREFORE, in consideration of the mutual promises and obligations set forth herein, the parties agree as follows:

1. AGENCY PROJECT MANAGER ASSIGNMENT: All technical direction related to this Contract shall come from the designated Project Manager. Details of the Agency's assignment are listed below.

Project Manager: Chris Garcia
Address: 6075 Kimball Avenue
Chino, CA 91708
Telephone: 909-993-1789
Email: [email protected]

2. CONTRACTOR ASSIGNMENT: Special inquiries related to this Contract and the effects of this Contract shall be referred to the following:

Contractor: John Whitcomb
Address: 1460 Mitchell Way
Redwood City, CA 94061
Telephone: 800-800-9519
Email: [email protected]

3. ORDER OF PRECEDENCE: The documents referenced below represent the Contract Documents. Where any conflicts exist between the General Terms and Conditions the governing order of precedence shall be as follows:

A. Amendments to Contract Number 4600003793.

B. Contract Number 4600003793 General Terms and Conditions.

C. Agency Request for Proposal Number RFP-GD-26-004.

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D. Contractor’s Proposal dated May 19, 2026.

4. SCOPE OF WORK AND SERVICES: Contractor services and responsibilities shall include and be in accordance with the following:

A. The Landscape Water Budget Program shall be in accordance with the Agency’s scope of work and services which is attached hereto as Exhibit B and Contractor’s proposal attached as Exhibit A.

B. Contractor shall provide Agency with a Schedule of Work and Services, documenting the anticipated completion of the work within the timeframe set forth in Subsection 4.A., above. The Schedule of Work and Services will be prepared and submitted, to the Project Manager, for review and approval.

C. The Agency may, at any time, make changes to this Contract’s Scope of Work; including additions, reductions, and other alterations to any or all of the Work. However, such changes shall only be made via written amendment to this Contract. The Contract compensation and Schedule of Work and Services shall be equitably adjusted, if required, to account for such changes and shall be set forth within the mutually approved Contract Amendment.

5. TERM: The term of this Contract shall be effective as of July 1, 2026, and continue in effect through June 30, 2028, unless agreed upon by both parties, reduced to writing, and amended to this Contract.

6. PAYMENT, INVOICING, AND COMPENSATION:

A. The Contractor may submit an invoice not more than once per month during the term of this Contract to the Agency’s Accounts Payable Department.

Agency shall pay Contractor's properly executed invoice, approved by the Project Manager, within thirty (30) days following receipt of the invoice.

B. As compensation for the Work performed under this Contract, Agency shall pay Contractor’s monthly invoice, for a total contract price NOT-TO-EXCEED $145,000.00 for all services satisfactorily provided during the term of this Contract.

C. Concurrent with the submittal of the original invoice to the Agency’s Accounts Payable Department, the Contractor shall forward (mail, fax, or email) a copy of the invoice to the designated Project Manager, identified in Section 1, on

D. No Additional Compensation: Nothing set forth in this Contract shall be interpreted to require payment by Agency to Contractor of any compensation specifically for the assignments and assurances required by the Contract, other than the payment of expenses as may be actually incurred by Contractor in complying with this Contract, as approved by the Project Manager.

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E. Consultant shall invoice the Agency once-monthly with a properly executed invoice. Invoice shall include the name of assigned personnel, the fully burdened hourly billing rate, dates worked, a brief description of the work, project number, as well as the Contract Number 4600003793 for payment. Invoices covering the services for the month of June, must not include billing for any dates worked beyond June 30. Any invoice with dates beyond June 30, will be rejected, requiring revised billing dates and be resubmitted to the Agency. Properly executed invoices will be approved by the Project Manager within thirty (30) days following the receipt of the invoice by IEUA. Payment shall be withheld for any service which does not meet Agency requirements or have proven unacceptable until such service is revised, the invoice resubmitted and accepted by the Project Manager.Consultant’s original invoice shall be submitted electronically to [email protected] . ALL payments shall be made via ACH (Automated Clearing House).

7. CONTROL OF THE WORK: The Contractor shall perform the Work in compliance with the Schedule of Work and Services. If performance of the Work falls behind schedule, the Contractor shall accelerate the performance of the Work to comply with the Schedule of Work and Services as directed by the Project Manager. If the nature of the Work is such that Contractor is unable to accelerate the Work, Contractor shall promptly notify the Project Manager of the delay, the causes of the delay, and submit a proposed revised Schedule of Work and Services.

8. INSURANCE: During the term of this Contract, the Contractor shall maintain, at Contractor's sole expense, the following insurance.

A. Minimum Scope of Insurance: Coverage shall be at least as broad as:

1. Commercial General Liability (“CGL”): Insurance Services Office (“ISO”) Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, covering hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.

3. Workers' Compensation and Employers Liability: Workers' compensation limits as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.

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B. Deductibles and Self-Insured Retention: Any deductibles or self-insured retention must be declared to and approved by the Agency. At the option of the Agency, either: the insurer shall reduce or eliminate such deductibles or self-insured retention as respects the Agency, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.

C. Other Insurance Provisions: The insurance policies are to contain, or be endorsed to contain, the following provisions:

1. Commercial General Liability, Automobile Liability, and Professional Liability Coverage
a. Additional Insured Status: The Agency, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment supplied in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85; or by either CG 20 10, CG 20 26, CG 20 33, or CG 20 38 and CG 20 37 forms if later revisions are used).
b. Primary Coverage: The Contractor's insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the Agency, its officer, officials, employees and volunteers. Any insurance or self-insurance maintained by the Agency, its officers, officials, employees, volunteers, property owners or engineers under contract with the Agency shall be excess of the Contractor's insurance and shall not contribute with it.
c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Agency, its officers, officials, employees or volunteers.
d. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
e. The Contractor may satisfy the limit requirements in a single policy or multiple policies. Any additional policies written as excess insurance shall not provide any less coverage than that provided by the first or primary policy.

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2. Workers' Compensation and Employers and Professional Liability Coverage
Contractor hereby grants to Agency a waiver of any right to subrogation which any insurer of the Contractor may acquire against the Agency by virtue of the payment of any loss under such insurance.

Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether the Agency has received a waiver of subrogation endorsement from the insurer.

3. All Coverages
Each insurance policy required by this Contract shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, or reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the Agency pursuant to Section 14, page 12 of this Contract.

D. Acceptability of Insurers: Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A minus:VII, and who are admitted insurers in the State of California.

E. Verification of Coverage: Contractor shall provide the Agency with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the Agency before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them.

The Agency reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

F. Submittal of Certificates: Contractor shall submit all required certificates and endorsements to the following:

Inland Empire Utilities Agency
Attn: Warren Green
P.O. Box 9020
Chino Hills, CA 91709
and/or
[email protected]
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9. FITNESS FOR DUTY:

A. Fitness: Contractor and its Subcontractor personnel on the Jobsite:

1. Shall report to work in a manner fit to do their job;

2. Shall not be under the influence of or in possession of any alcoholic beverages or of any controlled substance (except a controlled substance as prescribed by a physician so long as the performance or safety of the Work is not affected thereby); and

3. Shall not have been convicted of any serious criminal offense which, by its nature, may have a discernible adverse impact on the business or reputation of the Agency.

B. Compliance: Contractor shall advise all personnel and associated third parties of the requirements of this Contract ("Fitness for Duty Requirements") before they enter on the Jobsite and shall immediately remove from the Jobsite any employee determined to be in violation of these requirements.

Contractor shall impose these requirements on its Subcontractors. Agency may cancel the Contract if Contractor violates these Fitness for Duty Requirements.

10. LEGAL RELATIONS AND RESPONSIBILITIES:

A. Professional Responsibility: The Contractor shall be responsible to the level of competency presently maintained by other practicing professionals performing the same or similar type of work.

B. Status of Contractor: The Contractor is retained as an independent Contractor only, for the sole purpose of providing the services described herein, and is not an employee of the Agency.

C. Observing Laws and Ordinances: The Contractor shall keep itself fully informed of all existing and future state and federal laws and all county and city ordinances and regulations which in any manner affect the conduct of any services or tasks performed under this Contract, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. The Contractor shall at all times observe and comply with all such existing and future laws, ordinances, regulations, orders and decrees, and shall protect and indemnify, as required herein, the Agency, its officers, employees and agents against any claim or liability arising from or based on the violation of any such law, ordinance, regulation, order or decree, whether by the Contractor, its employees, or subcontractors.

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D. Subcontract Services: Any subcontracts for the performance of any services under this Contract shall be subject to the written approval of the Project Manager and shall comply with State of California, Department of Industrial Relations, SB 854 requirements.

E. Hours of Labor: The Contractor shall comply with all applicable provisions of California Labor Code Sections 1810 to 1815 relating to working hours. The Contractor shall, as a penalty to the Agency, forfeit $25.00 for each worker employed in the completion of the Contract by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of the Labor Code.

F. Travel and Subsistence Pay: The Contractor shall make payment to each worker for travel and subsistence payments which are needed to complete the work and/or service, as such travel and subsistence payments are defined in an applicable collective bargaining agreements with the worker.

G. Liens: Contractor shall pay all sums of money that become due from any labor, services, materials or equipment provided to Contractor on account of said services to be rendered or said materials to be provided under this Contract and that may be secured by any lien against the Agency. Contractor shall fully discharge each such lien at the time performance of the obligation secured matures and becomes due.

H. Indemnification: Contractor shall indemnify the Agency, its directors, employees, and assigns, and shall defend and hold them harmless from all liabilities, demands, actions, claims, losses and expenses, including reasonable attorneys’ fees, which arise out of, or are related to, the negligence, recklessness or willful misconduct of the Contractor, its directors, employees, agents, and assigns, in the performance of work under this contract.

In addition to the above, Contractor will indemnify, defend, and hold Agency, its directors, employees, agents, and assigns harmless from all liabilities, losses, damages, claims, penalties, fines, costs, attorney’s fees or other responsibilities incurred by the Agency (an “Indemnified Loss”) as a result of the acts, errors or omissions, whether intentional, negligent or otherwise, of Contractor, its employees, and its Contractors or consultants that result in claims against the Agency by Contractor’s employees, Contractors and/or consultants for employment-related claims including but not limited to claims for wages, benefits, insurances, employee misconduct, workplace hostile environment, wrongful termination, discrimination or retaliation.

Contractor will not be obligated to indemnify, defend or hold harmless Agency for any liabilities, losses, damages, claims, penalties, fines, costs, attorney’s fees or other responsibilities incurred by the Agency( a “NonDocusign Envelope ID: 56E77236-6527-8C11-8208-B6067026CFED Item 6.8

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Indemnified Loss”) as a result of claims made by Contractor’s employees, Contractors and/or contractors against Agency arising out of the negligent, intentional or reckless acts, errors or omissions of Agency and its employees.

I. Conflict of Interest: No official of the Agency, who is authorized in such capacity and on behalf of the Agency to negotiate, make, accept or approve, or to take part in negotiating, making, accepting or approving this Contract, or any subcontract relating to services or tasks to be performed pursuant to this Contract, shall become directly or indirectly personally interested in this Contract.

J. Equal Opportunity: During the performance of this Contract, the Contractor shall not unlawfully discriminate against any employee or employment applicant because of race, color, religion, sex, age, marital status, ancestry, physical or mental disability, sexual orientation, veteran status or national origin. The Agency is committed to creating and maintaining an environment free from harassment and discrimination.

K. Disputes:

1. All disputes arising out of or in relation to this Contract shall be resolved in accordance with this section. The Contractor shall pursue the work to completion in accordance with the instruction of the Agency's Project Manager notwithstanding the existence of a dispute. By entering into this Contract, both parties are obligated, and hereby agree, to submit all disputes arising under or relating to the Contract which remain unresolved after the exhaustion of the procedures provided herein, to independent arbitration. Except as otherwise provided herein, arbitration shall be conducted under California Code of Civil Procedure Sections 1280, et seq., or their successor.

2. Any and all disputes prior to the work starting shall be subject to resolution by the Agency’s Project Manager; and the Contractor shall comply, with the Agency Project Manager instructions. If the Contractor is not satisfied with the resolution directed by the Agency Project Manager, they may file a written protest with the Agency Project Manager within seven (7) calendar days after receiving written directive of the Project Manager's decision. Failure by Contractor to file a written protest within seven (7) calendar days shall constitute waiver of protest, and acceptance of the Project Manager's resolution.

The Project Manager shall submit the Contractor's written protests to the General Manager, together with a copy of the Project Manager's written decision, for his or her consideration within seven (7) calendar days after receipt of the protest-related documents. The General Manager shall make his or her determination with respect to each protest filed with the Project Manager within ten (10) calendar days Docusign Envelope ID: 56E77236-6527-8C11-8208-B6067026CFED Item 6.8

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after receipt of the protest-related documents. If Contractor is not satisfied with any such resolution by the General Manager, they may file a written request for arbitration with the Project Manager within seven (7) calendar days after receiving written notice of the General Manager's decision.

3. In the event of arbitration, the parties to this contract agree that there shall be a single neutral Arbitrator who shall be selected in the following manner:
a. The Demand for Arbitration shall include a list of five names of persons acceptable to the Contractor to be appointed as Arbitrator. The Agency shall determine if any of the names submitted by Contractor are acceptable and, if so, such person will be designated as Arbitrator.
b. In the event that none of the names submitted by Contractor are acceptable to Agency, or if for any reason the Arbitrator selected in Step (a) is unable to serve, the Agency shall submit to Contractor a list of five names of persons acceptable to Agency for appointment as Arbitrator. The Contractor shall, in turn, have seven (7) calendar days in which to determine if one such person is acceptable.
c. If after Steps (a) and (b), the parties are unable to mutually agree upon a neutral Arbitrator, the matter of selection of an Arbitrator shall be submitted to the San Bernardino County Superior Court pursuant to Code of Civil Procedure Section 1281.6, or its successor. The costs of arbitration, including but not limited to reasonable attorneys' fees, shall be recoverable by the party prevailing in the arbitration. If this arbitration is appealed to a court pursuant to the procedure under California Code of Civil Procedure Section 1294, et seq., or their successor, the costs of arbitration shall also include court costs associated with such appeals, including but not limited to reasonable attorneys' fees which shall be recoverable by the prevailing party.

4. Association in Mediation/Arbitration: The Agency may join the Contractor in mediation or arbitration commenced by a contractor on the Project pursuant to Public Contracts Code Sections 20104 et seq.

Such association shall be initiated by written notice from the Agency's representative to the Contractor.

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in the United States pursuant to the Immigration Reform and Control Act of 1986.

11. OWNERSHIP OF MATERIALS AND DOCUMENTS/CONFIDENTIALITY: The Agency retains ownership of any, and all, partial or complete reports, drawings, plans, notes, computations, lists, and/or other materials, documents, information, or data prepared by the Contractor and/or the Contractor's subcontractor(s) pertaining to this Contract. Said materials and documents are confidential and shall be available to the Agency from the moment of their preparation, and the Contractor shall deliver them to the Agency whenever requested to do so by the Project Manager and/or Agency representative. The Contractor agrees that all documents shall not be made available to any individual or organization, private or public, without the prior written consent of an Agency representative.

12. TITLE AND RISK OF LOSS:

A. Documentation: Title to the Documentation shall be passed to the Agency when prepared; however, a copy may be retained by Contractor for its records and internal use. Contractor shall retain such Documentation in a controlled access file, and shall not reveal, display, or disclose the contents of the Documentation to others without the prior written authorization of the Agency or for the performance of Work related to the Scope of Work described in this Contract.

B. Material: Title to all Material, field or research equipment, and laboratory models, procured or fabricated under the Contract shall pass to the Agency when procured or fabricated, and such title shall be free and clear of all encumbrances. Contractor shall bear risk of loss of any Material or Agencyowned equipment of which it has custody.

C. Disposition: Contractor shall dispose of items to which the Agency has title as directed, in writing, by the Project Manager and/or an Agency representative.

13. PROPRIETARY RIGHTS:

A. Rights and Ownership: Agency's rights to inventions, discoveries, trade secrets, patents, copyrights, and other intellectual property, including the Information and Documentation, and revisions thereto (hereinafter collectively referred to as "Proprietary Rights"), used or developed by Contractor in the performance of the Work, shall be governed by the following provisions:

1. Proprietary Rights conceived, developed, or reduced to practice by Contractor in the performance of the Work shall be the property of Agency, and Contractor shall cooperate with all appropriate requests to assign and transfer same to Agency.

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2. If Proprietary Rights conceived, developed, or reduced to practice by Contractor prior to the performance of the Work are used in and become integral with the Work, or are necessary for Agency to have complete control of the Work, Contractor shall grant to Agency a nonexclusive, irrevocable, royalty-free license, as may be required by Agency for the complete control of the Work, including the right to reproduce, correct, repair, replace, maintain, translate, publish, use, modify, copy or dispose of any or all of the Work and grant sublicenses to others with respect to the Work.

3. If the Work includes the Proprietary Rights of others, Contractor shall procure, at no additional cost to Agency, all necessary licenses regarding such Proprietary Rights so as to allow Agency the complete control of the Work, including the right to reproduce, correct, repair, replace, maintain, translate, publish, use, modify, copy, or dispose of any or all of the Work; and to grant sublicenses to others with respect to the Work. All such licenses shall be in writing and shall be irrevocable and royalty-free to Agency.

4. Waterfluence is the owner and shall retain all intellectual property right to the know-how, tools, systems, software, strategies and related technology utilized in providing services under this Agreement.

14. NOTICES: Any notice may be served upon either party by delivering it in person, or by depositing it in a United States Mail deposit box with the postage thereon fully prepaid, and addressed to the party at the address set forth below:

Agency: Warren T. Green
Manager of Contracts and Procurement
Inland Empire Utilities Agency
P.O. Box 9020
Chino Hills, CA 91709
Contractor: John Whitcomb
Waterfluence LLC
1460 Mitchell Way
Redwood City, CA 94061
Any notice given pursuant to this section shall be deemed effective in the case of personal delivery, upon receipt thereof, or, in the case of mailing, at the moment of deposit in the course of transmission through the United States Postal Service.

15. SUCCESSORS AND ASSIGNS: All of the terms, conditions and provisions of this Contract shall take effect to the benefit of and be binding upon the Agency, the Contractor, and their respective successors and assigns. No assignment of the duties or benefits of the Contractor under this Contract may be assigned, transferred, or otherwise disposed of, without the prior written consent of the Agency; and any Docusign Envelope ID: 56E77236-6527-8C11-8208-B6067026CFED Item 6.8

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such purported or attempted assignment, transfer, or disposal without the prior written consent of the Agency shall be null, void, and of no legal effect whatsoever.

16. PUBLIC RECORDS POLICY: Information made available to the Agency may be subject to the California Public Records Act (Government Code Section 6250 et seq.) The Agency’s use and disclosure of its records are governed by this Act. The Agency shall use its best efforts to notify Contractor of any requests for disclosure of any documents pertaining to this work. In the event of litigation concerning disclosure of information Contractor considers exempt from disclosure; (e.g., Trade Secret, Confidential, or Proprietary) Agency shall act as a stakeholder only, holding the information until otherwise ordered by a court or other legal process. If Agency is required to defend an action arising out of a Public Records Act request for any of the information Contractor has marked “Confidential,” “Proprietary,” or “Trade Secret,” Contractor shall defend and indemnify Agency from all liability, damages, costs, and expenses, in any action or proceeding arising under the Public Records Act.

17. RIGHT TO AUDIT: The Agency reserves the right to review and/or audit all Contractor’s records related to the Work. The option to review and/or audit may be exercised during the term of the Contract, upon termination, upon completion of the Contract, or at any time thereafter up to twelve (12) months after final payment has been made to the Contractor. The Contractor shall make all records and related documentation available within three (3) working days after said records are requested by the Agency.

18. CYBERSECURITY: The Contractor shall execute the agency's Information Security & Privacy Addendum and complete the vendor information security risk assessment questionnaire in order for agency to understand the Contractor's security posture and security controls. In responding to the questionnaire, if the Contractor has identified gaps, Contractor shall promptly address and remedy any identified deficiencies or instances of noncompliance within 3 months, beginning from the date of written notice. In the event, there is a cloud or Software-as-a-Service component to the services provided by the Contractor to the agency, the contractor shall provide a third-party penetration-test (within 6 months) report for the application layer (excluding cloud hosting infrastructure). Critical or high findings must be remediated within 3 months. Failure to demonstrate compliance or to timely correct deficiencies may render this Agreement terminable pursuant to Section 8 of the Information Security & Privacy Addendum

19. INTEGRATION: The Contract Documents represent the entire Contract made and entered into by and between the Agency and the Contractor as to those matters contained in this contract. No prior oral or written understanding shall be of any force or effect with respect to those matters covered by the Contract Documents. This Contract may not be modified, altered, or amended except by written mutual agreement by the Agency and the Contractor.

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20. GOVERNING LAW: This Contract is to be governed by and constructed in accordance with the laws of the State of California, in the County of San Bernardino.

21. TERMINATION FOR CONVENIENCE: The Agency reserves and has the right to immediately suspend, cancel or terminate this Contract at any time upon written notice to the Contractor. In the event of such termination, the Agency shall pay Contractor for all authorized and Contractor-invoiced services up to the date of such termination, as approved by the Project Manager.

22. FORCE MAJEURE: Neither party shall hold the other responsible for the effects of acts occurring beyond their control; e.g., war, riots, strikes, natural disasters, etcetera.

23. NOTICE TO PROCEED: No services shall be performed or provided under this Contract unless and until this document has been properly signed by all responsible parties and a notice to proceed has been issued to the Contractor by the Project Manager.

24. AUTHORITY TO EXECUTE CONTRACT: The Signatories, below, each represent, warrant, and covenant that they have the full authority and right to enter into this Contract on behalf of the separate entities shown below.

25. DELIVERY OF DOCUMENTS: The Parties to this Contract and the individuals named to facilitate the realization of its intent, with the execution of the Contract, authorize the delivery of documents via facsimile, via email, and via portable document format (PDF) and covenant agreement to be bound by such electronic versions.

The parties hereto have caused the Contract to be entered as of the day and year written above.

INLAND EMPIRE UTILITIES AGENCY: WATERFLUENCE LLC: *A MUNICIPAL WATER DISTRICT _______________________ ________ _________________________ ________ Warren T. Green (Date) John Whitcomb (Date)
Manager of Contracts Executive Director
and Procurement
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EXHIBIT A
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PROPOSAL FOR

LANDSCAPE WATER BUDGET PROGRAM
In Response to RFP-GD-26-004
Submitted By,
May 19, 2026

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a. Letter of Introduction
We are pleased to submit this proposal to operate a landscape water budget program for the Inland Empire Utilities Agency (IEUA) and its participating retail water suppliers. Waterfluence is designed and built for this project. Our strengths include:
 Regional Program Administration. We know how to run and maximize the returns of a large regional program. We currently have four wholesale water agencies administering our program on behalf of their retail water suppliers with a combined service population exceeding 5 million. We understand how to tap into powerful synergies among irrigation stakeholders (e.g., property managers and landscape contractors) that cross over supplier service area boundaries. We know suppliers want leeway to scale the number and type of sites to include in the program. We recognize suppliers need flexibility in how much staff time is devoted to support the program; some suppliers prefer Waterfluence to be turn-key while others devote a full-time staff position to complement and accelerate the program’s success. We know suppliers need simple, consistent program pricing for program budgeting. We do all of this.
 Website. We have a polished award-winning website (www.waterfluence.com) hosted on AWS. The website is shared by over 45 water suppliers and 5,000 active users. Suppliers greatly benefit from the function, reliability, stakeholder crossover, and lower cost of using a shared platform. The website includes a customer relationship management (CRM) component enforcing that the sharing of information among account holders and their designated stakeholders (e.g., landscape contractors) follow strict permission rules. In over 20 years of operation, Waterfluence has never had a known violation or complaint about unauthorized sharing of private personal information (PPI). Given the importance of PPI security and our legal responsibilities, Waterfluence has undergone a third-party SOC II security audit to maximize PPI protection and adhere to ongoing practices and training to maintain a secure posture. We also factor in Web Content Accessibility Guidelines (WCAG

2.2) to improve accessibility for users with cognitive, learning, or mobility disabilities and low vision users.
 Mapping. We have over 20 years’ experience measuring irrigated areas at over 20,000 landscape sites. Waterfluence staff measure irrigated areas at each site when entering the program based on recent aerial imagery and Street View on the Google Earth Engine cloud platform. We define irrigated areas as the irrigated planting beds with in-ground irrigation systems. Irrigated areas are classified as turf, shrub (e.g., groundcovers, shrubs, and trees), or water features (e.g., pools, ponds, fountains). We factor in multiple imagery layers taken in different seasons (winter and summer) and ground level images by Street View to determine areas masked under mature tree canopy. For quality control, we factor in historical water use to identify and address outliers where the depth of water applied is not realistic; we flag such sites for additional investigation. Maps get updated over time to fix mapping errors and to adjust to evolving landscape changes. We do this in three ways:

1. Stakeholders. The Waterfluence website both displays and allows users to edit their landscape maps online with recent imagery. This proves invaluable as the people Docusign Envelope ID: 56E77236-6527-8C11-8208-B6067026CFED Item 6.8

IEUA Proposal to RFP-GD-26-004 Page 3 of 17
maintaining a landscape are often in the best position to improve map accuracy.

Advanced users can create controller maps on the website denoting the irrigated area associated with each irrigation zone to facilitate efficient irrigation operations.

2. Landscape Field Surveys. To resolve complex mapping unknowns, we also perform landscape field surveys. This entails sending an irrigation expert to visit a site and turn on the irrigation system to refine the landscape map. Mapping is only one part of the scope of a field survey, but it sometimes is the only way to resolve facts on the ground.

3. Automated Machine Learning. Waterfluence uses automated machine learning (ML) techniques to detect changes in landscape classification. Waterfluence integrates with the Google Earth Engine platform using four-band (red, green, blue, and near infrared) high resolution imagery. This approach speeds detecting and updating changes in landscape areas over time, such as turf replacements.  Regulatory Compliance Reporting. Waterfluence assists our California water suppliers with elements of two relatively new pieces of State of California legislation: Making Water Conservation a California Way of Life (SB 606 & AB 1668) and nonfunctional turf restrictions (AB 1572). Key elements include:

1. CII DIM Irrigated Area Totals. We measure and report the irrigated areas associated with commercial, industrial, and institutional (CII) sites with dedicated irrigation meters (DIMs). Where we have measured 100% of CII DIM landscapes, retailers can report their irrigated area totals to the state as our mapping process has been approved by the State Water Resources Control Board.

2. Special Landscape Areas. We flag areas that qualify (e.g., recycled water) as special landscape areas (SLA) that receive favorable treatment in the legislated water budget.

3. Mixed Use Meters. We have a layered approach of identifying and mapping CII mixed use meter (MUM) sites with greater than 0.5 acres of irrigated landscape. MUM sites can be included on the Waterfluence website.

4. CII BMPs. Waterfluence provides CII best management practice coverage in multiple categories.

5. Nonfunctional Turf. Waterfluence uses both functional and nonfunctional (NFT) turf classifications on its website maps. The details of NFT site certification have not been released by the SWRCB, but Waterfluence is committed to help its users navigate both the understanding and certification involved with AB 1572.  Landscape Field Surveys. A field survey consists of us sending out an irrigation expert to a site to refine the site map and water budget assumptions, gather in-depth irrigation scheduling and system diagnostics, and provide actionable recommendations to improve Docusign Envelope ID: 56E77236-6527-8C11-8208-B6067026CFED Item 6.8

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irrigation efficiency. Suppliers pre-approve sites eligible for surveys, if any. The survey is free to customers, but they must accept the field survey offer from the Waterfluence website.

Field surveys complement water use monitoring by troubleshooting complicated irrigation issues and improving the accuracy of water budget inputs with “boots-on-the-ground” observations.

To build IEUA’s enthusiasm in working with Waterfluence, the appendix contains an example annual report for one of our clients. Would IEUA like to see a similar report with its member retail water suppliers?
Waterfluence agrees to be bound by this proposal for 90 days.

John B. Whitcomb, PhD
Executive Director, Waterfluence LLC

2026-05-19
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b. Table of Contents
COVER ........................................................................................................................................................... 1 a. Letter of Introduction ............................................................................................................................. 2 b. Table of Contents ................................................................................................................................... 5 c. Profile of Firm ......................................................................................................................................... 6 d. Project Team .......................................................................................................................................... 7 e: Scope of Work and Services ............................................................................................................... 11 f: Summary Fee Schedule ....................................................................................................................... 15 Appendix A. Completed Section 4 Forms ............................................................................................. 16 Appendix B. Sample Waterfluence Annual Report .............................................................................. 17 Docusign Envelope ID: 56E77236-6527-8C11-8208-B6067026CFED Item 6.8

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c. Profile of Firm
Waterfluence partners with water suppliers to advance irrigation efficiency at landscape sites. We started in January 2003 after winning a bid with the Bay Area Water Supply & Conservation Agency in California to perform landscape support services. Waterfluence has steadily expanded and currently partners with 46 water suppliers in the western United States. A full list of clients is shown on our homepage at www.waterfluence.com.

Our award-winning website blends technology with water expertise to assist thousands of water customers and their stakeholders in three ways.

MONITOR. At the root is a dashboard comparing actual water use to a budget benchmark for each site. The landscape budget is based on realtime weather and site-specific characteristics. Regular updates help people receive feedback and track progress. These calculations can be complex for site stakeholders to make, so we assist with our irrigationfocused and interactive metrics. Our service includes mapping landscape areas; stakeholders can modify their maps online to improve water budget accuracy and create controller maps to assist with irrigation operations.

INSIGHTS. Beyond identifying potential problems, we use our water expertise to recommend solutions. Our internal algorithms continually analyze water use at each site to identify possible leaks, poor scheduling, and ineffective irrigation equipment. When relevant, we encourage stakeholders to tap water agency rebates to offset improvement costs.

CONNECT. Our website provides a centralized location for stakeholders to better understand, prioritize, communicate, and act on solutions toward the non-controversial goal of improving water efficiency and landscape appearance. Commercial and public irrigation sites frequently have multiple stakeholders, such as property managers, property owners, HOA board members, in-house maintenance staff, and landscape contractors.

Furthermore, these stakeholders are often associated with multiple sites in multiple communities. Our website has specialized customer relationship management (CRM) capabilities to enable stakeholders to securely access and interact with their entire portfolio of sites.

The Waterfluence website is shared by all water suppliers. This scale allows for advanced features and support at a much lower cost than if suppliers created and maintained their own solutions. Our scale also enables us to provide substantial regulatory support; all our California clients are in the same boat regarding SB 606 & AB 1668 and AB 1572. Waterfluence provides innovative and encompassing solutions that significantly reduce water supplier staff time allocated to compliance reporting.

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Waterfluence is designed and built for the CII irrigation ecosystem. Our customer relationship management (CRM) system securely organizes permissions to protect PPI and our legal commitments (e.g., NDAs with suppliers). Because of its importance, Waterfluence has gone through the SOC II security process as audited by an independent third party (https://www.waterfluence.com/security). d. Project Team
Waterfluence is headquartered in Menlo Park CA. We have a robust, tight-knit team of six experts with the capacity to successfully perform the proposed services. John Whitcomb is the founder and Executive Director of Waterfluence and will be the primary point of contact for the City. He also provides secondary support to each of four divisions in Waterfluence to foster integration and provide robustness. Waterfluence has strong quality control procedures, requiring at least two people to review key changes. Our SOC II certification formalizes our operating policies and procedures to maximize data security and the integrity of our organization.

The GIS division is responsible for creating and maintaining landscape map layers across the Waterfluence platform. Our GIS manager, Sofie Holmgren, has worked for Waterfluence since 2013. She has extensive experience working with various aerial imagery sources and GIS platforms. Key contributions include combining the best of John Whitcomb
Executive Director
Sofie Holmgren
GIS Manager
David Baker
Stan Whitcomb
Software Eng.

Chris Willig
Irrigation Expert
Brooke Whitcomb
Communications
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multiple imagery sources and factoring in principles of landscape architecture to improve map accuracy. She has direct experience creating and reviewing thousands of site maps in California. Sofie works closely with John, who also has a degree in geography and years of GIS experience. In addition, our software engineers interact daily with GIS to render interactive maps on our website. Our field surveyors add sitespecific details to maps. Our communications manager frequently answers stakeholder map questions. Therefore, the whole Waterfluence team hubs around GIS.

Our website division is supported by two software engineers. Our senior engineer, David Baker, has worked with Waterfluence since 2011 as a subcontractor. David, our systems architect, guided Waterfluence through its SOC II security certification. Stan Whitcomb is our full-stack in-house software engineer. He has built AMI hourly water integrations with Badger, Neptune, Master Meter, and Sensus. He is an expert with the Google Earth Engine platform that Waterfluence utilizes to visualize geospatial data; most recently, Stan added a nonfunctional turf landscape classification to our maps to assist with AB 1572.

Our irrigation support division has a built-in process on our website where suppliers can pre-approve sites offered a free on-site field survey. Site stakeholders can then accept a survey where our irrigation expert visits their site to gather in-depth diagnostics and provide practical recommendations to improve efficiency. Our lead field surveyor, Chris Willig, has worked with Waterfluence since its start in 2003. He has conducted over 1,000 surveys for Waterfluence. Chris has unparalleled knowledge and tools to measure flow and turn on all types of irrigation controllers during a survey. His strong relationships within the landscape contractor community accelerate our abilities to schedule surveys, collect data (e.g., controller maps), and constructively collaborate toward actionable improvements.

Our communications division respects that the CII irrigation community is diverse.

Waterfluence is built on stakeholders' differing needs and roles such as property managers, owners, HOA board members, park and school maintenance staff, and landscape contractors. We also know that CII stakeholders are commonly associated with multiple sites across multiple water suppliers. This creates a powerful network effect that we harness throughout our communications. Given our relatively large size, Waterfluence has a full-time communications manager, Brooke Whitcomb, dedicated to maintaining and growing engagement with user stakeholders. Waterfluence is evolving its methods, including using artificial intelligence, to systematically run campaigns and evaluating performance. We find, for example, that leveraging what we know about our landscape contractors can significantly improve inroads with property managers. We also find providing a human touch can be highly effective.

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Waterfluence members have QWEL (John Whitcomb, Brooke Whitcomb) and Irrigation Association Auditor (Chris Willig) certifications.

The biographies of our six key personnel are provided below.

JOHN WHITCOMB, PHD, is Waterfluence’s founder and Executive Director. For over 20 years, John has focused on improving irrigation efficiency at commercial and public landscape sites. John’s recent projects include assisting the City of Morgan Hill identify their mixed-use-meter sites with over ½ acres of irrigated landscape and the City of Fairfield evaluate the suitability of using California DWR/NV5 landscape layer for CII DIM regulatory reporting. John recently presented at the 2024 WaterSmart Innovations conference on Overwatering Drought Tolerant Landscapes with Chris Willig. Prior to Waterfluence, John was a consultant. He managed four projects for the California Urban Water Conservation Council regarding toilet water savings; handbooks on implementing best management practices with large landscapes (BMP 5) and commercial, industrial, and institutional customers (BMP 9); and designing programs to minimize participant “free-riders.” He was also the principal investigator of major studies measuring customer understanding and sensitivity to water pricing in Florida, Texas, the southwestern U.S. (Arizona, California, and Nevada), and Brazil. Dr.

Whitcomb holds a B.A. in Economics and Geography from the University of California, Santa Barbara, and a Ph.D. in Geography and Environmental Engineering from The Johns Hopkins University.

SOFIE HOLMGREN is our GIS Manager. Since 2013, she has handled most of Waterfluence map-related work, from analyzing terrain to digitizing maps. She is well-versed in many GIS platforms and imagery sources. In 2024, Sofie provided GIS support services for CAL FIRE’s Urban and Community Forestry (UCF) program and the California DWR regarding a study to evaluate the relationship between urban tree canopy and urban water use based on 2020 NAIP data. Prior to Waterfluence, Sofie worked at Colorado University Department of Ecology and Evolutionary Biology, where she designed and managed all the fieldwork conducted by the lab. Before moving to the US, she worked at the National Land Survey of Sweden, managing the production of digital information for the Swedish Armed Forces Command & Control systems and Information system. Sofie holds a MS in Earth Sciences from the University of Stockholm, Sweden.

DAVID BAKER has been our senior engineer since 2011. He brings over 20 years of tech / IT / application development experience, combining a generalist’s breadth of knowledge with a keen interest in serving irrigation users. Whether deeply contemplating user experience details, architecting new data pipelines, or exploring new business possibilities, he’s passionate about turning raw computer systems into valuable platforms. David led Waterfluence’s SOC II security certification process in 2023. He also spearheads our secure software development lifecycle and actively monitors Docusign Envelope ID: 56E77236-6527-8C11-8208-B6067026CFED Item 6.8

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evolving security developments / threats for both our platform and the overarching utility cybersecurity space.

When not building the Waterfluence platform, David volunteers in open-source leadership, enjoys training the next generation of software engineers, and consults with aspiring new entrepreneurs. He holds a B.S. in Business Administration (Information Systems) from the University of Colorado, Boulder.

STAN WHITCOMB is our full-stack software engineer. He has 10 years of experience building, testing, and improving software systems for small businesses and startups.

With Waterfluence, Stan created data integrations through API connections and in building from the Google Map Platform; most recently Stan added a nonfunctional turf landscape classification to our maps to assist with AB 1572. Before Waterfluence, Stan worked for companies creating a dating app (Coffee Meets Bagel), a card creation app (Felt), and a mental health website for students (Grit Digital Health). He holds a B.S. in Computer Engineering from Santa Clara University.

CHRIS WILLIG is our horticultural and irrigation expert managing the Waterfluence field survey team since 2003. He has over 40 years of direct experience with large urban landscapes in the Western United States. While personally completing over 1,200 commercial field surveys covering more than 20 square miles of suburban and urban landscaping, he has developed a good sense of water savings potentials and how to achieve them. Chris continues to create software and hardware tools to analyze and document irrigation system problems efficiently. He is certified as a Landscape Irrigation Auditor by the Irrigation Association. Chris earned a BA in Biology from California State University, Northridge, and an MS in Horticulture from the University of California, Davis.

BROOKE WHITCOMB is our Communications Manager. She oversees report distribution, water customer communications, and website user experience (UX) / user interface (UI). Brooke's primary focus is on leading ongoing campaigns to enhance user engagement. She also collaborates with our software engineers to continuously improve the website's usability based on user feedback. Brooke will be spearheading the adoption of AI and other tools to improve performance. Before joining Waterfluence, Brooke worked in investment banking, where she developed strategic financial and marketing materials for successful M&A execution with many mid-sized technology firms. Her experience with high-profile technology investors, C-suite executives, and Big Four consulting and accounting firms positions her to professionalize and modernize strategies for increased engagement and operational success.

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e: Scope of Work and Services
Each IEUA retail water supplier can select the landscape sites to add to the Waterfluence program to best meet their needs. Suppliers can select sites by customer type (commercial, public, residential), source of supply (potable, non-potable), level of water use (e.g., above 500 CCF per year), DIM or MUM, or other factors. Regardless, all sites added will follow the same scope of work and related unit cost fees.

Waterfluence’s project manager will be available, as needed, for coordination meetings (webinars) with IEUA and retail supplier staff to discuss participation options and program details.

A. Site Setup

1. Meters. Agency provides Waterfluence with relevant water meter information including customer, service address with geolocation (latitude & longitude) as available, identification numbers, use type (e.g., irrigation), and source type (e.g., potable or recycled). Waterfluence organizes meters into sites as some sites are supplied by multiple meters.

2. Water Use. Agency provides Waterfluence with at least one year of historical water use for each meter from billing records. Data fields include an identification number (e.g., account number), read date, and water use.

3. Agency Water Costs and Weather. Waterfluence collects water prices for lost dollar calculations including any differences between potable and non-potable sources.

Waterfluence obtains daily weather data (evapotranspiration and rainfall) from local sources (e.g., CIMIS).

4. Landscape Maps. Using the Google Earth Engine cloud platform, Waterfluence creates site boundary polygons based on meter information, county tax assessor parcel maps, and other relevant sources. Waterfluence measures irrigated areas at each participating site based on recent aerial imagery and Street View on the Google platform. Waterfluence defines irrigated areas as the irrigated planting beds with in-ground irrigation systems. Irrigated areas are classified as turf, shrub (e.g., groundcovers, shrubs, and trees), or water features (e.g., pools, ponds, fountains). Mapping factors in multiple imagery layers taken in different seasons (winter and summer) and ground level images by Street View to determine areas masked under mature tree canopy. For quality control, Waterfluence factors in historical water use to identify and address outliers where the depth of water applied is not realistic; the process flags such sites for additional investigation to resolve.

5. Dedicated Irrigation Meter (DIM) Water Budgets. For sites with DIMs, Waterfluence creates landscape water budgets based on the landscape coefficient method using site-specific characteristics (e.g., landscape areas, plant types, shrub density, irrigation efficiency standard, recycled water leaching factor) and daily weather. Agency can change any of the factors for any site via the website.

6. Indoor Water Budgets. For sites including indoor water meters, Waterfluence creates indoor water budgets benchmarked to historical water norms. This is optional.

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7. Mixed Use Meter (MUM) Water Budgets. For sites with MUM, Waterfluence creates budgets based on combining DIM and indoor budget components. Agency can review and adjust the method used to estimate the indoor component of total water use; users can directly adjust indoor water use on the website.

8. Hourly Water Data. If available, Waterfluence integrates with advanced metering infrastructure (AMI) systems to process and display hourly/minute water data on its website. Waterfluence AMI features include hourly and daily charts, leak notifications, and irrigation-centric insights related to day spikes, days-per-week of irrigation, and daytime irrigation.

9. Agency Website Access. Agency staff get online access at www.waterfluence.com with a dashboard and overview map highlighting participating sites. Users can drill down to the details of each site showing annual performance metrics, charts of actual water compared to its water budget, suggested insights including lost dollar calculations, the account holder and other stakeholders, site messages and notifications, interactive landscape map, and water budget calculations. The website also maintains real-time summary statistics and regulatory compliance reporting data.

10. Stakeholder Website Access. Water account holders get online access to www.waterfluence.com with content like agency users but restricted only to their sites.

Waterfluence uses multiple tactics to help onboard account holders by leveraging: 1) agency billing information, 2) account holders already participating in Waterfluence, and 3) the landscape contractor community.

B. Ongoing Maintenance

11. Water Billig Information. At the beginning of each month, Agency forwards Waterfluence a digital file with current account holder information and the previous month’s billed water use for meters in the program. Waterfluence appends new water records to its database and generates updated water budgets. Waterfluence checks for and updates account holder information; old account holders lose access, and new account holders get outreach following the setup process.

12. Stakeholder Notifications. Waterfluence sends monthly email notifications to online site stakeholders after new water use is posted for viewing. Account holders can authorize additional stakeholders such as HOA board members and landscape contractors to access their sites’ information online. Waterfluence investigates email bounce backs for replacements. If hourly water data is available, Waterfluence emails automated alerts when hourly water use exceeds specified thresholds (e.g., continuous use for over 48 hours).

13. Stakeholder Support. Waterfluence provides customer service to all users via website messages, email, webinars, and toll-free telephone number. Stakeholders are encouraged to modify their site maps online to keep them accurate and in conformance with Waterfluence mapping guidelines.

14. Website Maintenance. Waterfluence continuously maintains all features and security of its website.

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15. California Compliance Reporting. Waterfluence assists Agency with California reporting requirements associated with Making Conservation A California Way of Life (SB 606 and AB 1668) and nonfunctional turf restrictions (AB 1572). Assistance includes compiling CII-DIM landscape measurements, denoting special landscape areas (SLA), identifying large landscape MUM sites, documenting services meeting CII BMP requirements, and identification of opportunities to replace nonfunctional turf.

16. Annual Report. For Agencies with over 100 sites in the program, Waterfluence creates an annual report summarizing program performance over the previous calendar or fiscal year.

Topics include summarizing the number of DIM, number of sites, irrigated areas by classification, water applied, and overwatering. Results pivot on customer type (commercial, public, residential) and site size, among other factors. The report documents user engagement, identifying sites with the most overwatering, and multi-year water trends. The report includes California regulatory compliance metrics for the reporting year.

C. Landscape Field Surveys
A landscape field survey entails Waterfluence sending out an irrigation expert to a site to gather in-depth diagnostics, adjust the landscape map, and provide recommendations to improve irrigation efficiency. Field surveys complement water use monitoring by troubleshooting complicated irrigation issues and improving the accuracy of water budget inputs with “boots-on-the-ground” observations.

Agency specifies the maximum number of field surveys, if any, to perform during a year.

Field surveys are free to customers, but the account holder must accept the field survey offer from the Waterfluence website with these conditions: (a) an irrigation expert from Waterfluence may physically access this site to conduct a field survey; (b) to make a goodfaith effort to meet or have a representative meet the irrigation expert at the survey location at mutually agreed upon day and time; and (c) to share the survey results and site information with the water agency financially sponsoring the survey for administrative and evaluation purposes.

17. Targeting and Marketing. Agency preapproves sites eligible to receive a landscape field survey with ability to target surveys at sites with the highest potential water savings.

Waterfluence markets the field survey opportunity to account holders via the website and email notifications. Customers are required to accept the field survey via a click-through agreement. Sites accepting a field survey are added to the Waterfluence field survey queue.

18. Performing Field Surveys. Waterfluence schedules surveys with stakeholders at sites in the field survey queue. The survey includes Waterfluence sending an irrigation expert to:
i. Refine the site map and water budget assumptions.
ii. Operate portions of the irrigation system to evaluate its performance and condition. iii. Document findings related to irrigation scheduling and integrity of the irrigation system (broken or misaligned sprinkler heads, leaks, water pressure, flow rates, matching rotor nozzles).

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stakeholders when the report is ready to review and addresses any questions with postsurvey support by email, telephone or webinar. Recommendations include:
i. Irrigation scheduling adjustments
ii. Irrigation system improvements including critical repairs and upgrades iii. Landscape modifications or transformations
iv. Potential water savings associated with implementation of recommendations

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f: Summary Fee Schedule
SUBMITTED SEPARATELY ON PLANETBIDS.

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Appendix A. Completed Section 4 Forms

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SECTION 4 – FORMS
REQUEST FOR PROPOSALS NUMBER RFP-GD-22-004 Page 11

PROPOSAL RATE/FEE SCHEDULE
A. FEE INCLUSION STATEMENT: Offerors shall fully complete this Proposal Price Schedule and return it with their submittal. All proposed prices and fees shall be held firm-fixed throughout the anticipated contract performance period (other than prevailing wage classifications, which shall be paid in accordance with the current year prevailing wage determination as made by the Department of Industrial Relations (DIR)), and shall include costs associated with all equipment, materials, transportation, overhead, travel, profit insurance, sales and other taxes, licenses, incidentals, and all other related costs necessary to provide the required inspection, certification, load testing, and related services.
**Please submit a separate fee/rate sheet per Section 3. Proposal Cost and Fees above** B. EXPEDITED PAYMENT DISCOUNT: Each Offeror shall indicate the availability and the magnitude of any discount related to expedited payment of any or all invoices (i.e. if Net 10, then 2% discount).
i.e., if Net ____, then ___________________% discount
Warrants: On behalf of the afore identified “Contractor” company, the undersigned warrants that the Company has the equipment and manpower necessary to successfully complete the described work within the time frame specified within the “Request for Proposal” and that the Company will be ready and able to begin working under such contract within 5 days of receiving notice, whether written or verbal. The Agency reserves the right to accept the Proposal that it determines to be in the best interests of the Agency and to reject any or all Proposals should it determine that to proceed is not in its best interests.
_______________________________________ ___________________________ Offeror’s Signature Company Name
_______________________________________ ________________________________________ Print Name
_______________________________________ _______________________________________ Title Date
Waterfluence does not propose expedited payment discount. 0 John Whitcomb
Executive Director
Waterfluence
Contractor’s License Number & Type
NA
May 19, 2026
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EXCEPTION FORM
Should your firm take exception to ANY of the terms and conditions or other contents provided in the Request for Proposals, submit the following form with your Proposal.

If no exception(s) are taken, enter “NONE” for the first item. Make additional copies of this form if necessary.

Page Number: Section Title:

Paragraph Number: Exception Taken:
__________
Page Number: Section Title:

Paragraph Number: Exception Taken:

Page Number: Section Title:

Paragraph Number: Exception Taken:

Waterfluence is the owner and shall retain all intellectual property rights to the know-how, tools, systems, software, strategies and related technology utilized in providing services under this Agreement.
12 of 16 13. Proprietary Rights
14 of 16 18. Cybersecurity
Change language to require third-party penetration test within 6 months after agreement date.

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WORKERS' COMPENSATION CERTIFICATE
The Offeror shall execute this form to acknowledge and comply with the requirements of California Labor Code, Sections 1860 and 1861:

I am aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and on behalf of my Contractor, I will comply with such provisions before commencing the performance of the work of any contract entered into.

Signature Company Name
Printed Name Business License Number
Title Date
Waterfluence
John Whitcomb
Executive Director
NA
May 19, 2026
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OFFEROR IDENTIFICATION

1. Legal name of Offeror:

2. Street Address:

3. Mailing Address:

4. Business Telephone:

5. Facsimile Telephone:

6. Email Address:

7. Type of Business:
 Sole Proprietor  Partnership  Corporation
Other: _____________________________________________________________ If corporation, indicate State where incorporated: _____________________________

8. Business License number issued by the City where the Offeror’s principal place of business is located.

Number: Issuing City:

9. Federal Tax Identification Number:

10. California Contractor’s License Number: _____________________________________

11. 12.

13. Project Manager’s E-mail Address:

14. Project Manager’s Cell Phone No.: ____________________________________________ Waterfluence LLC
POB 561, Menlo Park CA 94026
(800) 800-9519
NA
[email protected]
Colorado
NA NA
27-4414987
1460 Mitchell Way, Redwood City CA 94061
NA
California DIR (Registration) Number: ________________________________________ Offeror's Project Manager: ________ __________________________________________ _ [email protected]
800-800-9519
LLC
NA
John Whitcomb
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REFERENCES AND SUBCONTRACTORS
Provide at least three (3) references for which you would like to be considered, where you or your firm provided similar services within the last five (5) years. (Please copy this form as many times as needed.) COMPANY CONTACT PERSON CITY PHONE NUMBER____

SUBCONTRACTOR(S)
List any sub-Contractors who performed services, on your firm’s behalf, at the referenced project described above.

COMPANY CONTACT PERSON CITY PHONE NUMBER
DIR Registration Number (if applicable):

Business License Number: City:

Insurer:

Brief description of their services:

Valley Water Philip Dolan, Project San Jose CA (408) 630-2205 _____________________ ___
Manager
___________________ _________________ __________
[email protected]
__________
TYPE OF SERVICES PROVIDED (Note: Please attach a “typical” invoice, for the services provided.) Currently providing the same services proposed for IEUA.

Since 2014, Valley Water has administered the Waterfluence program for 9 of its retail water suppliers including the cities of Gilroy, Milpitas, Morgan Hill, Mountain View, Palo Alto, Santa Clara, Sunnyvale, and the San José Municipal Water System and San Jose Water Company.

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REFERENCES AND SUBCONTRACTORS
Provide at least three (3) references for which you would like to be considered, where you or your firm provided similar services within the last five (5) years. (Please copy this form as many times as needed.) COMPANY CONTACT PERSON CITY PHONE NUMBER____
_____________________ ______________________ _________________ ____________________

SUBCONTRACTOR(S)
List any sub-Contractors who performed services, on your firm’s behalf, at the referenced project described above.

COMPANY CONTACT PERSON CITY PHONE NUMBER
DIR Registration Number (if applicable):

Business License Number: City:

Insurer:

Brief description of their services:

Bay Area Water Supply
and Conservation Agency
Kyle Ramey, Water
Resources Specialist
San Mateo CA (650) 349-3000
[email protected]
TYPE OF SERVICES PROVIDED (Note: Please attach a “typical” invoice, for the services provided.) Currently providing the same services proposed for IEUA.

Since 2003, BAWSCA has regionally administered the Waterfluence program for 9 of its participating member agencies: Alameda County Water District, City of Brisbane, City of Burlingame, City of Hayward, City of Menlo Park, City of Redwood City, City of San Bruno, Estero Municipal Improvement District, and the North Coast County Water Agency.

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REFERENCES AND SUBCONTRACTORS
Provide at least three (3) references for which you would like to be considered, where you or your firm provided similar services within the last five (5) years. (Please copy this form as many times as needed.) COMPANY CONTACT PERSON CITY PHONE NUMBER____

SUBCONTRACTOR(S)
List any sub-Contractors who performed services, on your firm’s behalf, at the referenced project described above.

COMPANY CONTACT PERSON CITY PHONE NUMBER
DIR Registration Number (if applicable):

Business License Number: City:

Insurer:

Brief description of their services:

Gilbert is the first of 11 water suppliers in the Phoenix Metro subscribing to the Waterfluence program including the Salt River Project, Avondale, Chandler, Goodyear, Liberty, Mesa, Peoria, Queen Creek, Surprise, and Tempe.

Town of Gilbert Jeff Lee, Water Gilbert, AZ 480.503.6878 Conservation Specialist III [email protected]
_____________________ ______________________ _________________ ____________________ TYPE OF SERVICES PROVIDED (Note: Please attach a “typical” invoice, for the services provided.) Currently providing the same services proposed for IEUA.

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NON-COLLUSION AFFIDAVIT
State of California )
) ss.

County of )
, being first duly sworn, deposes and says
that he or she is , of ("Offeror") the party making
the foregoing Proposal that the Proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the Proposal is genuine and not collusive or sham; that the Offeror has not directly or indirectly solicited any other Offeror to put in a false or sham Proposal, and has not directly or indirectly colluded, conspired, connived, or agreed with any Offeror or anyone else to put in a sham Proposal, or that anyone shall refrain from bidding; that the Offeror has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the Proposal fee or the Offeror or any other Offeror, or to fix any overhead, profit, or cost element of the Proposal fee, or of that of any other Offeror, or to secure any advantage against the public body awarding the Contract of anyone interested in the proposed Contract; that all statements contained in the Proposal are true; and, further, that the Offeror has not, directly or indirectly, submitted his or her Proposal fee or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, Proposal depository, or to any member or agent thereof to effectuate a collusive or sham Proposal.
_________________________________ _ _______________________________________ Signature Company Name
______________________________________ ________________________________________ Printed Name Business License Number
______________________________________
Title Date
John Whitcomb
Executive Director May 19, 2026
________________________________________
NA
Waterfluence
San Mateo
John Whitcomb
the Executive Director Waterfluence
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SECTION 4 - FORMS
REQUEST FOR PROPOSAL NUMBER RFP-GD-26-004 Page 17

WAIVER / RELEASE OF LIABILITY
I, the undersigned, on behalf of (hereinafter referred to as Contractor), fully understand that the storage or leaving of any and all Contractor owned equipment, materials, and supplies at the Agency’s facilities during the term of the contract, exposes Contractor to the risk of, but not limited to, theft, fire damage, vandalism, water damage, wind damage, and possible personal injury to Contractor’s employees. For the privilege of storing/leaving any and all Contract owned equipment, materials, and supplies at the Agency’s facilities, Contractor agrees to assume any and all such risks.

In consideration of being able to store/leave said equipment, materials, and supplies at the Agency’s facilities, Contractor hereby releases, agrees not to sue, or bring any action against, the Inland Empire Utilities Agency, its officers, employees, agents, representatives, and volunteers for any and all liability, claims, or actions for injury or death to Contractor’s employees, or damage or theft of said property arising out of or in connection with the storage or leaving of said item(s) for whatever cause, including the active or passive negligence of the Inland Empire Utilities Agency, its officers, employees, agents, representatives, and volunteers.

I have carefully read this Waiver/Release of Liability and covenant not to sue, and fully understand its contents, and the possible exposures that Contractor is agreeing to assume.

I am aware that this Waiver/Release of Liability is a full release of any and all liability. I am signing such as the authorized agent of Contractor, and of my own free will.

By:

Representative’s signature Date
_______________________________ ___________________________________ Print Name Title
Approved: ____________________________________
Waterfluence
John Whitcomb Executive Director
May 19, 2026
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IEUA Proposal to RFP-GD-26-004 Page 17 of 17
Appendix B. Sample Waterfluence Annual Report
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Valley Water
Large Landscape Program
2025 Annual Report
Participating Retail Agencies:

City of Gilroy
City of Milpitas
City of Morgan Hill
City of Mountain View
City of Palo Alto
City of Santa Clara
City of Sunnyvale
San José Municipal Water System
San Jose Water Company
May 10, 2026
Waterfluence LLC
PO Box 561 Menlo Park CA 94026
www.waterfluence.com
(800) 800-9519
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2025 Annual Report P a g e | 1
Summary
Since 2014, Waterfluence has partnered with Valley Water and its participating retail water suppliers to improve irrigation efficiency at landscape sites. The number of retail water suppliers in the program has increased over time. In 2025, nine of 13 retail water suppliers within Valley Water’s service area participated in this program including the cities of Gilroy, Milpitas, Morgan Hill, Mountain View, Palo Alto, Santa Clara, Sunnyvale, and the San José Municipal Water System and San Jose Water Company. These retail water suppliers serve 91% of Valley Water’s 1.9 million service population.

The number of landscape sites in the program from each retailer has also increased over time. Prior to 2021, Valley Water included only the largest sites exceeding 1,000 hundred cubic feet (CCF) of irrigation per year. In 2021, Valley Water dropped the threshold to 500 CCF. In 2023, Valley Water dropped the threshold to 200 CCF. In 2025, in part to assist retailers with new California regulatory laws, Valley Water removed all thresholds and Waterfluence now monitors 100% of dedicated irrigation meters (DIM) for the nine retail suppliers.

This report summarizes Valley Water data aggregated over all nine retail suppliers for calendar year 2025.

The appendices contain individual retailer summaries. Key summary points include:

Site Characteristics. Valley Water has 6,433 landscape sites supplied by 8,989 DIM that used 24,748 acre-feet (AF) in 2025. For operational and regulatory reasons, we segment sites into three customer classifications: commercial, public, and residential.

Irrigated Acres. We measured 8,154 acres of irrigated landscape at these sites. Measurements are continuously updated by customers and their stakeholders on our website, by on-site field inspections, and with automated machine learning techniques. We classify 51% of the landscape as turf, predominately associated with public sites such as parks, schools, and golf courses.

Overwatering. We estimate overwatering to be 8,040 AF in 2025 or 32% of all applied water. This is equivalent to an average of 0.99 feet of water over all irrigated areas. Overwatering is higher with commercial and residential sites, smaller sites, and sites not using the Waterfluence website.

Regulatory Compliance. Waterfluence supports retail suppliers with compliance reporting to comply with elements of two new California laws: Making Water Conservation a California Way of Life (SB 606 & AB 1668) and nonfunctional turf restrictions (AB 1572).

Water Trends. Since 2012, the depth of overwatering dropped 37%, and since 2020 by 23%.

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2025 Annual Report P a g e | 2
About Waterfluence
Founded in 2003, Waterfluence partners with urban water agencies to reduce overwatering at landscape sites through monitoring, insights, and connection.

Monitoring. For each site, we chart how actual water use compares to a budget benchmark. Actual water use comes from meter reads made for billing purposes (monthly or bimonthly). Budgeted water use is a function of site-specific characteristics (landscape areas, plant types, irrigation system) and real-time weather. We map landscape areas and then encourage stakeholders to edit the map online to improve its accuracy and to create a controller map to assist with irrigation operations. Where available, we also monitor hourly and daily water use.

Insights. Monitored water data is channeled through algorithms to generate actionable recommendations. For targeted sites accepting additional help, our irrigation experts conduct on-site landscape field surveys to generate detailed diagnostics. When relevant, we encourage stakeholders to tap available rebates to offset improvement costs.

Connection. Waterfluence is customer facing. Our website provides a centralized location for stakeholders to better understand, prioritize, communicate, and act on solutions toward the noncontroversial goals of improving irrigation efficiency and landscape appearance. Irrigation sites frequently have multiple stakeholders such as property managers, property owners, HOA board members, in-house maintenance staff, and landscape contractors. Furthermore, these stakeholders are often associated with multiple sites in multiple communities. Our website provides a hub for stakeholders to securely access and interact with their portfolio of sites.

Site Characteristics
Waterfluence monitors 100% of the dedicated irrigation meters (DIM) from the nine retailers participating in the program. This totals 6,433 landscape sites supplied by 8,989 DIM; some sites have multiple DIM.

We estimate DIMs irrigate 8,154 acres. Overwatering equals 8,040 AF of a total 24,748 AF applied in calendar 2025 (32%).

Customer Classification and Site Size
We segment sites into three customer classifications: commercial, public, and residential. Commercial includes offices, retail shopping centers, industrial, and all other non-public or non-residential sites. Public includes parks, schools, streetscapes, golf courses, and cemeteries. Residential includes apartments and homeowner associations (HOAs). The purpose of this segmentation is both operational and regulatory.

Commercial and residential landscapes are commonly managed by landscape contractors while public landscapes are commonly managed by in-house maintenance staff. Residential sites have different Docusign Envelope ID: 56E77236-6527-8C11-8208-B6067026CFED Item 6.8

2025 Annual Report P a g e | 3
regulatory reporting in California. Valley Water has 50%, 23% and 27% of its sites defined by us as commercial, public, and residential respectively.

We also segment sites into three increments of site size: less than 1 acre, between 1 and 3 acres, and over 3 acres. Site size correlates strongly with efficiency and operational metrics.

Dedicated Irrigation Meters
Calendar Year 2025
Description Commercial Public Residential Total
Number of Meters 3,793 2,154 3,042 8,989
Number of Sites 3,204 1,478 1,751 6,433
Regulatory Special Landscape 491 730 126 1,347
Nonfunctional Turf NA NA NA NA
Irrigated Acres 2,496 3,627 2,031 8,154
Site Average 0.78 2.45 1.16 1.27
Site Size < 1 Acre 850 218 462 1,530
1-3 Acres 891 474 718 2,083
>3 Acres 755 2,935 852 4,541
Landscape Turf 636 2,923 623 4,183
Shrub 1,852 674 1,387 3,913
Water Features 7 30 21 58
Regulatory Special Landscape 719 3,364 248 4,330
Nonfunctional Turf NA NA NA NA
Water Applied Acre-Feet 8,748 8,765 7,234 24,748
Site Size < 1 Acre 3,307 758 2,332 6,398
1-3 Acres 3,091 1,147 2,626 6,865
>3 Acres 2,349 6,860 2,276 11,485
Source Potable 6,036 4,975 6,122 17,133
Non-Potable 2,712 3,790 1,113 7,615
Water Average Applied Feet 3.51 2.42 3.56 3.03
Site Size < 1 Acre 3.89 3.47 5.05 4.18
1-3 Acres 3.47 2.42 3.66 3.30
>3 Acres 3.11 2.34 2.67 2.53
Overwater Applied Acre-Feet 3,949 1,187 2,904 8,040
Site Size < 1 Acre 1,775 360 1,158 3,292
1-3 Acres 1,349 250 1,143 2,741
>3 Acres 826 577 603 2,006
Overwater Average Applied Feet 1.58 0.33 1.43 0.99
Site Size < 1 Acre 2.09 1.65 2.51 2.15
1-3 Acres 1.51 0.53 1.59 1.32
>3 Acres 1.09 0.20 0.71 0.44
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2025 Annual Report P a g e | 4
Irrigated Acres
Waterfluence staff measured the irrigated areas at each site when entering the program based on aerial imagery and Street View on the Google Earth platform. We define irrigated areas as the irrigated planting beds with in-ground irrigation systems. Irrigated areas are classified as turf, shrub (e.g., groundcovers, shrubs, and trees), or water features (e.g., pools, ponds, fountains). We factor in multiple imagery layers taken in different seasons (winter and summer) and ground level images by Street View to determine areas masked under mature tree canopy. For quality control, we factor in historical water use to identify and address outliers where the depth of water applied is not realistic; we flag such sites for additional investigation.

Original maps update over time in three ways:

Stakeholders. The Waterfluence website both displays and allows users to edit their landscape maps online. This proves invaluable as the people maintaining a landscape are in the best position to improve map accuracy. Starting in 2024, users can create controller maps on the Waterfluence website denoting the irrigated area associated with each irrigation zone. Accurate controller maps facilitate efficient irrigation operations.

Landscape Field Surveys. To resolve complex mapping unknowns, we also perform landscape field surveys. This entails sending an irrigation expert to visit a site and turn on the irrigation system to refine the landscape map. Mapping is only one part of the scope of a field survey, but it sometimes is the only way to resolve facts on the ground.

Automated Machine Learning. Starting in 2025, Waterfluence uses automated machine learning (ML) techniques to detect changes in landscape classification. Waterfluence integrates with the Google Earth Engine platform using four-band (red, green, blue, and near infrared) high resolution imagery.

This approach speeds detecting and updating changes in landscape areas over time, such as turf replacements.

Valley Water retailers have 8,154 acres of irrigated landscape where 31%, 44% and 25% are associated with commercial, public and residential sites respectively. Large sites dominate, where 56% of total acres are with sites with over 3 acres of landscape. We classify 51% of the landscape as turf, predominately associated with public sites such as parks, schools, and golf courses. We are continuously updating these landscape area estimates; the areas shown in this report are as of April 1, 2026.

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2025 Annual Report P a g e | 5
Water Applied
Valley Water retailers applied 24,748 AF of water in 2025. Water comes from retailer water meters used for billing purposes. Potable water is 69% and non-potable (recycled) water 31% of the total.

Dividing water applied by irrigated acres provides average depth of water applied. The average water applied is 3.03 feet in 2025. Commercial and residential sites applied more water, 3.51 and 3.56 feet respectively, than public sites at 2.42 feet. Smaller sites also applied a greater depth of water.

Overwatering
Waterfluence creates water budgets for each site based on their site characteristics and daily weather.

Our key performance indicator (KPI) is to reduce overwatering. The total volume of overwatering summed over all monthly records and all sites is 8,040 AF for 2025. This is 32% of total water applied.

The average depth of overwatering is 0.99 feet over all landscape. Overwatering is higher at commercial and residential sites, 1.58 and 1.43 feet respectively, than public sites at 0.33 feet. Overwatering is also much higher at smaller sites. Larger sites tend to be managed with greater operational oversight and irrigation efficiency.

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2025 Annual Report P a g e | 6
Overwatering varies significantly among sites. Specifically, 748 acres overwater by more than 3 feet in 2025. These 748 acres comprise 9% of total acres but 53% of total overwatering. Waterfluence identifies and targets these low performing sites with additional engagement, landscape field survey offers, and availability of Valley Water financial assistance programs.

Irrigated Acres by Depth of Overwatering
Calendar Year 2025
Description
Irrigated Acres
% of
Acres
Overwater
AF
% of
Overwater
Totals 8,154 100% 8,040 100%
Overwater 0 2,122 26% 0 0%
0 to 1 Feet 3,824 47% 1,219 15%
1 to 2 Feet 983 12% 1,395 17%
2 to 3 Feet 477 6% 1,174 15%
>3 Feet 748 9% 4,252 53%
Regulatory Compliance
Waterfluence assists retail water suppliers with elements of two relatively new pieces of State of California legislation. Making Water Conservation a California Way of Life (SB 606 & AB 1668), was signed into law in 2018 and establishes a new framework for long-term water conservation and drought planning. One of the key requirements for water suppliers is to measure irrigated areas associated with commercial, industrial, and institutional (CII) DIM sites. CII is equivalent to the sum of our commercial and public classifications. Since we have measured 100% of CII DIM landscapes, retailers can report their irrigated area totals (contained in the appendices) to the state as our mapping process has been approved by the State Water Resources Control Board.

A portion of the total irrigated areas are identified as special landscape areas (SLA) as defined by the California Code of Regulations Title 23 Section 969. SLA includes CII DIM irrigable areas associated with edible plants, recreational areas, areas irrigated with recycled water, slopes designed and constructed with live vegetation as an integral component of stability, ponds or lakes receiving supplemental water, botanical gardens, swimming pools and similar recreational water features, and cemeteries built before 2015. SLA gets favorable treatment within the legislation.

Another key requirement regards identifying and reporting landscapes exceeding 0.5 acres supplied by CII mixed use meters (MUMs). MUMs provide water for both indoor and outdoor purposes. Waterfluence assisted the cities of Morgan Hill, Mountain View, and Palo Alto with this task identifying 81 MUM sites with 162 irrigated acres (see appendices). Residential accounts are not included in this MUM requirement.

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2025 Annual Report P a g e | 7
Mixed Use Meters
Calendar Year 2025
Description Commercial Public Residential Total
Number of Sites 56 25 NA 81
Irrigated Acres 85 77 NA 162
Water Acre-Feet 261 166 NA 427
Water Average Applied Feet 3.07 2.17 NA 2.64
The second piece of legislation, California's AB 1572, was signed into law in 2023 and prohibits irrigating nonfunctional turf (NFT) at governmental sites by January 1, 2027, commercial sites by January 1, 2028, and homeowner associations by January 1, 2029. Turf irrigation can continue where:

Recycled water is used.

Applied to cemeteries or recreational areas such as sports fields, golf courses, playgrounds, picnic grounds, or pet exercise areas.

Necessary to ensure the health of trees and other perennial nonturf plantings, or to the extent necessary to address an immediate health and safety need.

We currently estimate up to 372 acres of commercial and 430 acres of residential NFT may need to be replaced (total of 802 acres). This is an upper bound and assumes all commercial and residential turf irrigated by potable water is NFT; exemptions will lower these NFT acreages as they are determined. In 2024, Waterfluence added the NFT classification to its online landscape maps to inform site stakeholders about the new NFT requirements and to assist water suppliers with exemptions and NFT enforcement.

Complete NFT estimates will be shown in next year’s report.

Stakeholder Engagement
Waterfluence encourages account holders to interact with their site information on our website.

Onboarding tactics include leveraging: 1) account holder billing information, 2) the network effect when stakeholders have multiple sites within Waterfluence, 3) the landscape contractor community, and 4) interactions with account holders with other water efficiency programs. Account holders can add additional stakeholders associated with landscape irrigation at each site including property managers, property owners, HOA board members, in-house maintenance staff, and landscape contractors.

Waterfluence focuses stakeholder engagement on larger sites. For regulatory compliance completeness, Valley Water added 1,503 small DIM sites using less than 200 CCF per year to the program. Waterfluence does minimal outreach to these sites at a lower program cost to Valley Water.

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2025 Annual Report P a g e | 8
Each month, Waterfluence imports billing data from suppliers and notifies stakeholders when new water information is available for viewing. In 2025, 43% of landscape area at targeted sites was viewed online by at least one stakeholder. Sites actively engaged with Waterfluence had lower overwatering.

Stakeholder Engagement
Calendar Year 2025
Description Commercial Public Residential Total
Irrigated Acres 2,273 3,441 1,891 7,605
Offline 59% 58% 54% 57%
Online 41% 42% 46% 43%
Overwater Average Applied Feet 1.66 0.31 1.36 0.97
Offline 1.70 0.32 1.50 1.02
Online 1.60 0.30 1.19 0.91
The Waterfluence website also serves as a channel of hourly water use measured by advanced metering infrastructure (AMI). Along with leak alerts, the website communicates irrigation centric insights related to day spikes, midday irrigation, and number of irrigation days-per-week. In 2025, Milpitas and Palo Alto integrated their AMI data with Waterfluence for their program sites.

Landscape Field Surveys
Valley Water targets landscape field surveys at sites in most need of additional help. The account holder at pre-approved sites can accept a field survey offer from the Waterfluence website or request a field survey via the Valley Water website. The survey is free to sites and consists of an irrigation expert visiting the site to gather in-depth diagnostics and provide recommendations to improve efficiency. Field surveys complement water use monitoring by troubleshooting complicated irrigation issues and improving the accuracy of water budget inputs with “boots-on-the-ground” observations. In 2024-25, 21 sites received a field survey. Between 2014-15 and 2024-25, 309 sites received a field survey covering 811.7 irrigated acres.

Se
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2025 Annual Report P a g e | 9
Landscape Field Surveys
Year Survey Count Acres
2014-15 12 28.3
2015-16 29 91.2
2016-17 25 55.8
2017-18 44 87.8
2018-19 28 164.4
2019-20 36 139.7
2020-21 27 44.2
2021-22 35 52.6
2022-23 23 41.4
2023-24 29 44.5
2024-25 21 62.0
Grand Total 309 811.7
Water Trends
Landscape irrigation is trending downward. Over the last 15 years, the average annual depth of water applied dropped from 3.95 feet to 3.06 feet, a 23% reduction. Water applied dropped dramatically during the 2015-16 statewide drought, rebounded, and since 2020 is down 19%.

The average annual depth of overwatering shows similar patterns. Since 2012, overwatering dropped 37%, and since 2020 by 23%. The downward trend is undoubtedly caused by many factors such as higher water costs, improved irrigation technology, migration towards native and lower-water using plants, and Valley Water assistance programs, such as this one.

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2025 Annual Report P a g e | 10
All retailers have exhibited the same general water applied and overwatering patterns. The Appendices contains summary statistics for individual retailers.

0.0 1.0

2.0 3.0

4.0 5.0

6.0 2012 2014 2016 2018 2020 2022 2024 Feet
Average Annual Depth
Applied Water Overwatering
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2025 Annual Report P a g e | 11

0.0 1.0

2.0 3.0

4.0 5.0

6.0 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 Feet Average Depth of Water Applied
Gilroy Milpitas Morgan Hill
Mt View Palo Alto San Jose Muni
San Jose Water Santa Clara Sunnyvale

0.0 0.5

1.0 1.5

2.0 2.5

3.0 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 Feet Average Depth of Overwatering
Gilroy Milpitas Morgan Hill
Mt View Palo Alto San Jose Muni
San Jose Water Santa Clara Sunnyvale
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Audit trail
Details
FILE NAME Waterfluence-InlandEmpireUtilitiesAgency Proposal Signed.pdf STATUS Signed

STATUS TIMESTAMP
2026/05/19
17:22:51 UTC
Activity
SENT
[email protected] sent a signature request to:

John Whitcomb ([email protected])
2026/05/19
17:20:39 UTC
SIGNED
Signed by John Whitcomb ([email protected])
2026/05/19
17:22:51 UTC

COMPLETED
This document has been signed by all signers and is complete 2026/05/19
17:22:51 UTC
The email address indicated above for each signer may be associated with a Google account, and may either be the primary email address or secondary email address associated with that account.

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4600003793 (GD) Page 15 of 15
6/2/2026

EXHIBIT B
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REQUEST FOR PROPOSAL
NUMBER RFP-GD-26-004
FOR

THE LANDSCAPE WATER BUDGET PROGRAM
May 6, 2026

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TABLE OF CONTENTS
This solicitation package includes the sections and subsections listed below. If any of these items are missing from your solicitation package, please notify the contact identified in Section 1(D).

SECTION 1 – SUBMITTAL INFORMATION 1

A. INTRODUCTION 1
B. DESCRIPTION OF WORK 1
C. SUBMITTAL LOCATION, CLOSING DATE, AND TIME 1
D. INQUIRES 2
E. PRE-PROPOSAL MEETING/JOB WALK 2
F. PROPOSAL FORMAT 2
SECTION 2 – GENERAL INFORMATION 3
A. WAITING PERIOD 3
B. PROPOSAL PREPARATION COSTS 3
C. WITHDRAWAL OF PROPOSAL BEFORE CLOSING 3
D. MISTAKE IN PROPOSAL 3
E. PROPOSAL ACCEPTANCE 3
F. INTERPRETATION OF DOCUMENTS 3
G. PROPOSAL FEES 4
H. CONTRACT REFERENCES 4
I. AWARD CRITERIA 4
J. PUBLIC RECORD 4
K. ACCEPTANCE AND PAYMENT 4
L. INSURANCE 4
M. RELEASE OF LIABILITY 5
N. CONTRACT EXECUTIONS / EXCEPTIONS 5
O. PROPOSAL PRICE 6
P. ENVIRONMENTAL PURCHASING POLICY 6
Q. PROPOSAL INCLUSIONS 6
SECTION 3 – SCOPE OF WORK 7
A. SCOPE OF WORK AND SERVICES 7
SECTION 4 – FORMS 11
PROPOSAL RATE/FEE SCHEDULE 11
EXCEPTION FORM 12
WORKER’S COMPENSATION CERTIFICATE 13
OFFEROR IDENTIFICATION 14
REFERENCES AND SUBCONTRACTORS 15
NON-COLLUSION AFFIDAVIT 16
WAIVER / RELEASE OF LIABILITY 17
SECTION 5 – ATTACHMENTS 18
ATTACHMENT “A” 18
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SECTION 1 - SUBMITTAL INFORMATION
REQUEST FOR PROPOSAL NUMBER RFP-GD-26-004 Page 1
INTRODUCTION: TheInlandEmpireUtilitiesAgency(“Agency”)is a regional wastewater treatment agency and wholesale distributor of imported water to approximately 935,000 people throughout western San Bernardino County. Under the leadership of a directly elected five-member Board of Directors, the Agency is committed to supporting the needs of its service area and safeguarding public health through significant investments in a diverse water supply portfolio, reliable municipal/industrial wastewater collection and treatment services, and other related utility services in a regionally planned and costeffective manner.

As a member agency of the Metropolitan Water District of Southern California (Metropolitan), IEUA provides supplemental water supplies, primarily via the State Water Project (SWP) to the cities of Chino, Chino Hills, Fontana via Fontana Water Company and portions of West Valley Water District, Montclair via Monte Vista Water District, Ontario, Rancho Cucamonga via Cucamonga Valley Water District, and Upland (including San Antonio Water Company). IEUA also replenishes local groundwater supplies with captured rainwater and recycled water produced by IEUA that is later extracted by local water agencies for use as a drinking water supply.

Water recycling is a critical component of the water resources management strategy for IEUA and the Chino Basin. The Agency is responsible for treating 50 million gallons per day of wastewater, on average, received from seven sewering agencies including the cities of Chino, Chino Hills, Fontana, Montclair, Ontario, and Upland, and the Cucamonga Valley Water District. This water is treated to Title 22 regulations set forth by the State Division of Drinking Water and distributed to its retailers for agriculture, municipal irrigation, industrial uses, and groundwater replenishment.

IEUA currently operates five regional wastewater treatment plants: RP-1 (Ontario), RP-2 – Solids (Chino), RP-4 (Rancho Cucamonga), Carbon Canyon Water Recycling Facility (Chino), and RP-5 (Chino).

In conjunction with these facilities, IEUA also maintains and operates:

1. The Chino Desalter I (located in Chino) on behalf of the Chino Basin Desalter Authority, which uses reverse osmosis technology to remove salt and nitrates from groundwater pumped from 14 wells throughout the Chino Basin. It produces 10.9 mgd of highquality drinking water, serving the water needs of approximately 35,000 people.

2. The Inland Empire Regional Composting Facility (located in Rancho Cucamonga) on behalf of the Inland Empire Regional Composting Authority, which uses biosolids from the wastewater treatment process to produce over 230,000 cubic yards of high-quality compost each year for local landscaping and horticultural use, marketed under the name SoilPro.

3. 46 groundwater recharge basins across 19 recharge sites designed to hold stormwater run-off, imported water, and IEUA recycled water to replenish alluvial aquifers and groundwater supply. Through partnership with the Chino Basin Water Conservation District and the San Bernardino Flood Control District, IEUA’s groundwater recharge framework enhances the current reliability of local supplies for a rapidly growing population and is an integral part of the Agency’s local water supply planning efforts.

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The Agency also prioritizes initiatives that enhance and preserve the quality of life throughout the region, which include investments in local water resources, conservation programs, and renewable energy sources. IEUA advocates for environmental stewardship and offers several free educational resources and outreach programs to inform students and the community on ecological preservation, water awareness, and sustainability.

A. DESCRIPTION OF WORK: The Inland Empire Utilities Agency ("IEUA" or “Agency”) is accepting electronic proposals through PlanetBids for enter name of service. Enter small description of work.

B. SUBMITTAL LOCATION – CLOSING DATE, AND TIME: The Offeror is required to acknowledge addendum posted on PlanetBids after original solicitation posting regarding changes in the original RFP up to and including any changes to the closing date and time and must include any addendum in their submitted proposal. Proposals received after the “closing” date and time indicated will not be accepted. Faxed, emailed or hard copy proposals will not be accepted as this is an electronic only bid submittal through the PlanetBids portal only. Proposals are due May 21, 2026, by 3pm (Pacific Time).

Submittal Closing: May 21, 2026, 3:00pm
Location: PlanetBids (electronic only)

C. INQUIRIES: Inquiries should be submitted via PlanetBids to Greg Dominguez, Contract Administrator II, [email protected]. The cut-off date for submitting questions is 3:00 P.M. May 13. 2026. Questions may be answered and uploaded to PlanetBids as an Addendum to all registered participants.

D. PRE-PROPOSAL MEETING/JOB WALK: There will be no job walk or pre-proposal meeting for this solicitation.

E. PROPOSAL FORMAT: All Proposals shall be submitted as Electronic Files ONLY via PlanetBids. All proposals shall be submitted/uploaded into the response file and any required general attachments via PlaneBids, as either a single PDF file or as multiple, clearly identified PDF files. Offeror shall include sequential page numbers and the Contractor’s initial on each page of their Proposal. A proposal not following the requested format may be deemed non-responsive and eliminated from further consideration. The Proposal shall include a dated cover letter which must be signed by a person authorized to negotiate and execute contracts on behalf of the Offeror and must be binding for a period of ninety (90) days.

NOTE: IT IS THE OFFEROR'S RESPONSIBILITY TO EXAMINE THIS "REQUEST FOR PROPOSAL" SOLICITATION IN ITS ENTIRETY PRIOR TO SUBMITTING A PROPOSAL.

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A. WAITING PERIOD: All Offerors are alerted that a waiting period of up to ninety (90) days from the date of the Proposal opening may be required before an award is made.

Offeror shall assume full responsibility for the effect of the waiting period on all Proposal prices and terms.

B. PROPOSAL PREPARATION COSTS: The Agency is not, nor shall be, deemed liable for any costs incurred by the Offeror during the preparation, submittal, or presentation of their proposal.

C. WITHDRAWAL OF PROPOSAL BEFORE CLOSING: Any Offeror may request the withdrawal of their submitted proposal by a written request at any time prior to the scheduled proposal due date and time. Upon receiving the written request to withdraw any proposal, the Agency will consider the Offeror’s proposal null and void, and return the proposal to the Offeror unopened. Withdrawal of an Offeror’s proposal will not prejudice Offeror’s re-submittal for this or any future proposal(s). E-mailed Proposals will be sent back to the Contractor via e-mail. The Contractor shall take note that no guarantee will be made concerning opening e-mails prior to the closing date/time, given the informal format of this type of submittal.

D. MISTAKE IN PROPOSAL: Any Offeror may withdraw their Proposal after the Proposal opening, subject to the time restrictions indicated, only if the Offeror can establish to IEUA’s satisfaction, that a mistake was made in preparing the Proposal.

1. An Offeror declaring a mistake must provide a written notice to IEUA within five (5) calendar days following the scheduled closing date, specifying in detail, how the mistake occurred, and how the mistake made the Proposal materially different than as was intended.

2. Withdrawal of the Proposal will only be permitted for mistakes made in the completion of the Proposal. An Offeror who claims a mistake shall be PROHIBITED from submitting further Proposals on the Project in which the mistake in Proposal was claimed. (Public Contract Code 5105).

E. PROPOSAL ACCEPTANCE: IEUA reserves the right to accept or reject any or all Proposals, or waive any informality(s) in any Proposal, if such action is deemed to be in the best interest of IEUA. Additionally, be advised that if all valid Proposal prices received are found to exceed the budget appropriated for this project, IEUA may reject all Proposals.

F. INTERPRETATION OF DOCUMENTS: During the Proposal solicitation period, should an Offeror find discrepancies or omissions in the specifications of the "Request for Proposals," or should the Offeror be in doubt as to their interpretation, the Offeror shall immediately notify the contact indicated in Section 1(C). Should it be found necessary, an addendum will be posted on PlanetBids. Any addenda issued prior to the scheduled Proposal closing date and time, shall form a part of this solicitation and shall become a part of the submitted Proposal.

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G. PROPOSAL FEES: Offeror’s shall submit a fully-burdened fee schedule, for each task or specific skill category required to provide the Contractor’s Services, clearly identifying the firm’s staff classifications by category, by hourly billing rates, and any associated administrative costs.

H. CONTRACT REFERENCES: Using the References form included in Section 4, each Offeror shall provide a list of at least three (3) references from clients that have engaged the Offeror, for which similar work has been performed, within the last five (5) years. Include the reference names, contact person(s), telephone numbers, email address, business physical address, and brief description of the specific services provided.

I. AWARD CRITERIA: The following criteria will be used in the rating process for the proposals submitted; to determine the selection of the successful Offeror(s):

1. Past record of performance in providing similar services (prior projects or engagements).

2. Experience of personnel (individual or company history, years in business, licenses, certifications, other personnel qualifications).

3. Proposed staffing plan and methodology.

4. References.

5. Exceptions taken to the proposed contract terms.

6. Project fee schedule, rate structure.

J. PUBLIC RECORD: Be advised that all information contained in proposals submitted in response to this solicitation, shall become a matter of public record, be subject to the California Records Act of 2004 (Government Code Section 6250 et seq.), and the information’s use and disclosure are governed by this Act.

K. ACCEPTANCE AND PAYMENT: The selected Offeror’s invoice(s), subsequent to the completion of a valid and binding contract, shall include a specific reference to the Contract Number, the associated Purchase Order number, and be accompanied by detailed supporting documentation. The Agency shall pay the Offeror’s properly executed invoice, subject to approval by the Project Manager, within thirty (30) days following receipt of the invoice.

L. INSURANCE: The Contractor shall furnish IEUA with certificates of insurance and with original endorsements effective coverage required by IEUA for themselves and all subcontractors, prior to commencing work or allowing any subcontractor to commence work under any subcontract. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements are to be approved by IEUA before work commences. IEUA reserves the right to require complete. Certified copies of all required insurance policies, at any time. The minimum scope of insurance required:

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1. General Liability: Insurance Services Office (ISO) Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence $2,000,000 aggregate. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, covering hired, (Code 8) and nonowned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.

3. Workers' Compensation and Employers Liability: Workers' compensation limits as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.

For Workers' Compensation and Employers Liability Coverage, the insurer shall agree to waive all rights of subrogation against IEUA, its officers, officials, employees, volunteers, property owners or engineers under contract to IEUA for losses arising from work performed by the Entity for IEUA. Original Waiver of Subrogation endorsement must be furnished to IEUA.

4. Professional Liability (Errors and Omissions): Insurance appropriates to the Consultant’s profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate.

M. RELEASE OF LIABILITY: The selected Offeror shall execute a Release of Liability form.

Contractor Agrees and understands that the Contractor’s personal property, if left at any of the Agency’s sites, during the course of the Work, may be exposed to the risk of, but not limited to theft, fire damage, water damage, and wind damage; for which the Contractor agrees to assume any and all such risk, and consequences as a result thereof. The Contractor shall be responsible for the completion of the Agency’s Waiver/Release of Liability form (see Section 4) as part of a complete proposal.

N. CONTRACT EXECUTION(S) / EXCEPTIONS: The selected Offeror shall execute a contract with the Agency which establishes the terms and conditions covering the services provided. A sample of the Agency’s standard contract will be provided as an attached document in PlanetBids. Thus, the Offeror is encouraged to carefully review and consider the sample contract. The Offeror must advise the Agency of any exceptions to the contract’s content or to the content of the RFP. An Exceptions Form is provided within this document in Section 4.

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O. PROPOSAL PRICE: The Offeror’s proposed price(s) shall be indicated on the Summary Fee Schedule located within this document. Each Offeror must fully complete all parts of the Summary Fee Schedule, or their Proposal may be rejected. Be advised that, at any time, the Agency may require the Offeror to further itemize/detail components of proposed prices and/or invoices; i.e. labor, materials, travel expenses, sales taxes, freight charges, etc.). If the Offeror desires to convey clarifications/explanations to the information presented on the Proposal Price Schedule, an addendum page(s) may be attached thereto. For each Proposal item, all cost including overhead, burden, administration, supervision, etcetera, shall be evenly weighted so that work may be added or deducted, at the discretion of the Inland Empire Utilities Agency, with no adjustment to the unit costs submitted.

P. ENVIRONMENTAL PURCHASING POLICY: The Goal of IEUA is to reduce global warming and other environmentally harmful effects generated by its operations, its operational protocols, and its capital improvement projects. In this endeavor, the terms and conditions of all IEUA solicitations encourage, whenever possible and practical, the proposal for products and services that are proven beneficial to the environment. Examples for this Project would be projects manufactured with recycled steel, recycled plastics, and vehicles fueled with natural gas or propane versus gasoline or diesel fuel. The Offerors, in their proposals should present (and explain) the efforts they will be employing on the Project that move the Agency closer to its sustainability goals.

Q. PROPOSAL INCLUSIONS: The Request for Proposal documents shall be returned in their entirety, with all applicable portions fully completed by the Contractor. Each page shall be sequentially numbered and initialed by the Contractor. (This space intentionally left blank.)
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A. SCOPE OF WORK AND SERVICES: The Scope of Work for the Landscape Water Budget shall include, but not be limited to, the following:

1. Program Description
The Inland Empire Utilities Agency (IEUA) invites all prospective bidders to submit a proposal to provide services for the administration and implementation of the Landscape Water Budget Program (Program) for the Inland Empire Utilities Agency and its retail water agencies (customer agencies), which include the Cities of Chino, Chino Hills, Ontario, Upland, and the Cucamonga Valley Water District, Fontana Water Company, Monte Vista Water District, and West Valley Water District. IEUA is seeking a qualified firm to reduce irrigation inefficiencies at Commercial, Industrial, and Institutional (CII) sites by determining CII site-specific irrigation budgets, compiling and reporting water use for CII sites, performing CII landscape irrigation surveys, and tracking all budgets, reports, and findings on an online tracking database.

California Senate Bill (SB) 555 sets Annual Reporting and Water Loss Standards for water providers. Additionally, Assembly Bill (AB) 1668, Senate Bill 606, and the Making Conservation a California Way of Life regulations set standards for calculating a retail water agency's Urban Water Use Objective. To assist its customer agencies in complying with state regulations, IEUA is seeking a firm to provide services in calculating CII outdoor water budgets for high water users. Depending on the needs of participating customer agencies, they may sign up for any of the services available to them through this Program. IEUA is seeking a capable, well-rounded firm that may complete all of the services below.

2. Program Tasks: Please read all three tasks.

Task 1: Initial Water Use Report – The Contractor shall prepare an Initial Water Use Report for each participating site. Reports shall include the following elements:

A. Site identification and data sources
i. Site identification, including customer account numbers, meter numbers, and service addresses
ii. Identification of all data sources used (billing data, GIS layers, aerial imagery, etc.) B. Site map and GIS Data – The Contractor shall consider and include the following elements:
i. Site map illustrating landscape boundaries, landscape area classifications (e.g., hydrozones, landscape type), locations of major irrigation infrastructure (water meters, irrigation controllers, irrigation valves)
ii. Use of the California Department of Water Resources (DWR) Landscape Area Measurement methodology
iii. Citation of all mapping data sources (e.g., aerial imagery provider, image resolution, capture date)
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iv. Landscape area quantified in square feet, categorized by landscape type and/or hydrozone
v. GIS files and maps shall be editable by the water agency to allow refinement and correction over time
C. Water Use Data
i. Historical and current water use data, with an emphasis on outdoor (landscape) water use
ii. Inclusion of indoor water use and recycled water use where available iii. Meter readings with corresponding collection dates iv. Water volume reported in gallons, acre-feet, or cubic feet D. Site-Specific Irrigation Water Budgets – The Contractor shall develop an irrigation water budget for each site using industry-recognized Best Management Practices (BMPs).
i. Priority shall be given to sites with Dedicated Irrigation Meters (DIM) ii. For Mixed-Use Meters (MUM), the Contractor shall clearly describe the methodology used to isolate estimated outdoor water use iii. Budget calculations shall document and incorporate, as applicable: landscape area measurements, plant type coefficients, topography, microclimates, reference evapotranspiration (ETo), and effective precipitation
E. Reporting and Visualization – Each Initial Water Use Report shall include:
i. Visual comparison of actual water use versus the site-specific irrigation budget ii. Estimate of potential financial savings if site water use is reduced to budget levels iii. Site performance score indicating compliance with the irrigation water budget iv. Dedicated section for comments, notes, and assumptions Task 2: Tracking Database and Ongoing Program Support – For sites electing ongoing services and participation, the Contractor shall provide the following services:

A. Online Tracking Platform
i. An online database and/or platform that stores and updates water billing data, automatically updates water irrigation budgets as new data becomes available, and allows continued editing of GIS data for participating sites ii. The platform should utilize industry-standard cybersecurity practices, including regular security updates, to protect customer data
B. Customer and Agency Communication
i. A documented procedure for notifying customer agencies and participating sites of updated water budgets and key changes
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ii. When hourly or sub-hourly water use data is available, the platform shall notify sites of usage exceeding established thresholds
C. Technical Support
i. Ongoing platform and site support via multiple communication methods, including email and telephone
D. Reporting and Regulatory Support
i. An annual program summary report provided to IEUA and its customer agencies ii. Use of tracked data to support reporting requirements under applicable California regulations, including but not limited to Making Conservation a California Way of Life (AB 1668 and SB 606) and CII nonfunctional turf restrictions (AB 1572) iii. Reporting support may include compilation of CII Dedicated Irrigation Meter (DIM) landscape measurements, identification of large landscape Mixed-Use Meter (MUM) sites, documentation of services meeting CII BMP requirements, and identification of opportunities to replace nonfunctional turf E. Coordination Meetings
i. As-needed meetings with IEUA, customer agencies, or site representatives Task 3: Landscape Irrigation Surveys – The Contractor shall offer optional landscape irrigation surveys for sites pre-approved by the customer agency, when needed, and shall include:

A. Survey Preparation
i. Submission of a survey report template to IEUA and customer agencies for review and approval before implementation
ii. A qualified irrigation professional/irrigation expert shall conduct surveys B. Field Survey Activities – The irrigation expert shall:
i. Refine the site map and update the site’s irrigation water budget, as needed ii. Operate the irrigation system and evaluate overall performance and condition iii. Document site characteristics, including but not limited to landscape area and layout, Irrigation system characteristics, controller type and schedule, irrigation coverage, and distribution uniformity. Additionally, valve characteristics, including location, type, and size, operational condition (i.e., flow rate and pressure tolerance, responsiveness to controller adjustments)
C. Issue Identification – The survey shall document observed issues, including but not limited to:
i. Broken or misaligned sprinkler heads
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ii. Clogged or malfunctioning irrigation valves
iii. Irrigation leaks and inefficiencies
iv. Incorrect system pressure
v. Improper controller scheduling
vi. Water waste as defined by BMPs and applicable local and state regulations D. Survey Report and Recommendations – The Contractor shall provide a written report to the site and water agency that includes:
i. Identified areas for irrigation system improvement
ii. Recommended irrigation scheduling adjustments
iii. Recommended landscape modifications or transformations iv. Recommended equipment upgrades or part replacements v. Estimated potential water savings associated with implementation of recommendations
E. Post-Survey Support
i. Availability to answer follow-up questions regarding the survey findings via telephone, email, or similar communication methods

3. Proposal Cost and Fees
Pricing shall be submitted for tasks included in the program tasks section above. The firm may include additional services but should strive to address the main services included in the section above.
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DATE: September 2, 2026
TO: Honorable Mayor and City Council Members
Honorable President and Board Members
FROM: Utilities Department
2026-027

REQUEST FOR CITY COUNCIL AND

CORONA UTILITY AUTHORITY ACTION
SUBJECT:

NEW OPERATING AND MAINTENANCE PROJECT FOR WATER RECLAMATION FACILITY 1 – WESTERN RIVERSIDE COUNTY REGIONAL WASTEWATER

AUTHORITY RECLAIMED DROP STATION PROJECT
EXECUTIVE SUMMARY:

This staff report asks City Council to approve the creation of a new operating and maintenance project titled “Water Reclamation Facility 1 – Western Riverside County Regional Wastewater Authority Reclaimed Drop Station” and authorize an appropriation of $206,800 from the Reclaimed Water Utility Fund to this project. The project will ensure reliable and sustained pressure of reclaimed water from the Western Riverside County Regional Wastewater Authority’s treatment plant in Eastvale into the City’s distribution system to support regional water reuse goals.

RECOMMENDED ACTION:

That the City Council:
a. Authorize the creation of a new Operating and Maintenance Project titled “Water Reclamation Facility 1 – Western Riverside County Regional Wastewater Authority Reclaimed Drop Station.”
Item 6.9

b. Authorize an appropriation in the amount of $206,800 from the Reclaimed Water Utility Fund (FD_1567) to the new Operating and Maintenance Project titled “Water Reclamation Facility 1 – Western Riverside County Regional Wastewater Authority Reclaimed Drop Station.”
That the Corona Utility Authority review, ratify, and to the extent necessary, direct that the City Council take the above actions.

BACKGROUND & HISTORY:

The Utilities Department (UD) is responsible for the planning, operation, and maintenance of the City’s reclaimed water system, which is designed to reduce reliance on imported potable water and maximize the beneficial reuse of treated wastewater within the City’s service area. The City of Corona’s reclaimed water system has expanded with three water reclamation facilities, multiple storage tanks, and an extensive network of pipelines and pump stations organized into two primary pressure zones and several subzones to ensure reliable delivery and operational flexibility. The City’s reclaimed water supply is derived from both City-operated treatment plants and from regional partnerships, such as Western Riverside County Regional Wastewater Authority (WRCRWA). WRCRWA is a joint powers authority comprised of the cities of Corona and Norco, Jurupa Community Services District, Home Gardens Sanitary District, and Western Municipal Water District.

The reclaimed water system services a diverse range of customers, including parks, schools, commercial and industrial users, and landscape maintenance districts, which all support municipal operations and community sustainability.

ANALYSIS:

The proposed Water Reclamation Facility 1 – WRCRWA Reclaimed Drop Station Operating and Maintenance Project is a direct response to the City’s strategic objectives for reclaimed water system integration and operational reliability. WRCRWA is currently constructing a reclaimed water pump station at WRCRWA Treatment Plant in Eastvale that will convey reclaimed water to the north and south. The pump station is nearing completion and will then be ready for testing and start up. To facilitate pump testing, the City is installing a reclaimed drop station that will convey water from WRCRWA, through the existing Bluff Street Pressure Reducing Station and into the City’s 833 reclaimed subzone. The City will be utilizing existing infrastructure such as the Bluff Street Pressure Reducing Station and incorporating targeted upgrades, including the retrofit of an existing Bailey valve and installation of 100 linear feet of new 12-inch ductile iron pipeline.

The technical design of the project reflects best practices for reclaimed water system integration. The retrofit of the Bailey valve to function as a relief valve is intended to sustain upstream pressure and allow for controlled relief into the pond line, thereby preventing pressure surges and ensuring system stability during pump testing and routine operations. Operationally, the project is expected to improve the City’s ability to manage variable flows from WRCRWA and accommodate future increases in reclaimed water supply.

Item 6.9

FINANCIAL IMPACT:

Approval of the recommended actions will result in an appropriation in the amount of $206,800 from the Reclaimed Water Utility Fund (FD_1567) to the newly created Water Reclamation Facility 1 – Western Riverside County Regional Wastewater Authority Reclaimed Drop Station Operating and Maintenance Project. There is sufficient working capital for the recommended actions.

The breakdown of the request is as follows:

Task Estimate
Bailey Valve Retrofit and Installation $68,000
Pipeline Design $15,000
Pipeline Labor $75,000
Pipeline Materials $30,000
Total $188,000
Contingency (10%) $18,800
Grand Total $206,800
ENVIRONMENTAL ANALYSIS:

This action is categorically exempt pursuant to Section 15301 of the Guidelines for the California Environmental Quality Act (CEQA), which states that “operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the CEQA determination” and is therefore exempt from CEQA. This action involves repair and minor alterations to an existing facility. Therefore, no environmental analysis is required.

PREPARED BY: CARLOS DE LEON, PROJECT COORDINATOR
REVIEWED BY: TOM MOODY, UTILITIES DIRECTOR
Item 6.9

DATE: September 2, 2026
TO: Honorable Mayor and City Council Members
FROM: Economic Development Department
2026-033

REQUEST FOR CITY COUNCIL ACTION
SUBJECT:

RESOLUTION DECLARING FIVE DOWNTOWN PROPERTIES AS EXEMPT FROM

THE SURPLUS LAND ACT REGULATIONS
EXECUTIVE SUMMARY:

This staff report asks the City Council to declare certain the North Mall properties exempt from the Surplus Land Act under Government Code 54221(f)(1)(G) and adopt resolution 2026-093. This exemption will advance the design and redevelopment of the North Mall as a catalyst project in the Downtown Revitalization Plan.

RECOMMENDED ACTION:

That the City Council:
a. Adopt Resolution 2026-093, declaring that certain parcels of real property located at the North Mall (northeast corner of main and sixth streets) are no longer necessary for the City’s use and are exempt surplus land under the Surplus Land Act.
b. Authorize the City Manager, or their designee, to follow applicable procedures related to the disposition of exempt surplus properties pursuant to the Surplus Land Act.

Item 6.10

BACKGROUND & HISTORY:

Since 2004, the City has been working to acquire properties within the North Mall for the redevelopment of a mixed-use project on this key downtown property. The City now owns all of the properties within the North Mall site that were designated for acquisition and redevelopment.

The City Council has provided significant guidance on the design and composition of this important redevelopment project. On November 19, 2025, during discussion of North Mall development options, the City Council recieved information related to the state statute that governs the disposition of City owned property, the Surplus Land Act (SLA). During the December 3, 2025 City Council meeting, staff provided additional information on the SLA, specifically as it relates to the North Mall redevelopment project. At the January 7, 2026 City Council meeting, staff presented guidance from the California Department of Housing and Community Development (HCD), including a path to accomplish the Council’s objective of retaining control over the design and function of the site by pursuing an exemption pursuant to Government Code Section 54221(f)(1)(G). That exemption can be used when pursuing a mixed-used development that includes at least 300 residential units, with 25% of those units designated as affordable, on a site between 1 and 10 acres in size.

The City Council directed staff to pursue an exemption for the North Mall redevelopment project pursuant to Government Code Section 54221(f)(1)(G). Pursuing the exemption allows the City to retain the vision for the North Mall as a vibrant mixed-use site, and reduces the uncertainty of the SLA process. Without the exemption, the area would likely yield a higher residential count, without any design or operation controls, and likely not align with the goals of the Downtown Revitalization Plan

ANALYSIS:

The SLA requires that a local agency declare property to be “surplus land” before taking action to sell or enter into a long-term lease for an agency owned property. At the February 4, 2026 City Council Meeting, City Council approved Resolution 2026-007, which identified 29 City owned parcels in the North Mall as exempt surplus land.

Adoption of Resolution No. 2026-093 would formally declare five additional City owned properties in the North Mall as exempt surplus land. These five parcels, presented in Exhibit 1, were not included in Resolution 2026-007 because three parcels are likely to become future public right-of-way dedications, and the remaining two parcels, 462 and 496 Corona Mall, were not owned by the City at the time.

HCD has recommended that the City declare, as exempt surplus land, any remaining City owned parcels that are planned to be included in the North Mall project. This action will allow HCD to evaluate the appropriateness of the SLA exemption to the entire project site without having to return for a determination for any remnant parcels.

Item 6.10

Resolution No. 2026-093 will complete the SLA required designation of all city owned properties in the North Mall and will be submitted to HCD for its review and determination as required by law.

FINANCIAL IMPACT:

There is no financial impact associated with the declaration of the parcels as exempt surplus property.

ENVIRONMENTAL ANALYSIS:

This action before Council is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the Guidelines for CEQA, which states that a project is exempt from CEQA if the activity is covered by the common sense exemption that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Resolution No. 2026-093 declares that the North Mall properties are exempt surplus land and there is no possibility that this action will have a significant effect on the environment. Therefore, no environmental analysis is required.

PREPARED BY: ASHLEY ZARAGOZA, ECONOMIC DEVELOPMENT MANAGER REVIEWED BY: JOEL BELDING, ECONOMIC DEVELOPMENT DIRECTOR ATTACHMENTS:

1. Exhibit 1 – Resolution No. 2026-093
Item 6.10

JAMIER\01000.30010\10329257.1
RESOLUTION NO. 2026-093

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CORONA, CALIFORNIA, DECLARING THAT CERTAIN

PARCELS OF REAL PROPERTY LOCATED AT THE

CORONA MALL NORTH (NORTHEAST CORNER OF

MAIN AND SIXTH STREETS) ARE NO LONGER
NECESSARY FOR THE CITY’S USE AND ARE EXEMPT

SURPLUS LAND UNDER THE SURPLUS LAND ACT
WHEREAS, Assembly Bill 1486 went into effect on January 1, 2020 and expanded the Surplus Land Act (Government Code section 54220 et seq.) (“SLA”) requirements for local agencies prior to the disposition and disposal of any surplus land; and WHEREAS, under the SLA, “surplus land” that meets one or more specified conditions, including the development of affordable housing subject to certain regulations, can be designated “exempt surplus land” as defined in Government Code Section 54221(f)(1); and WHEREAS, pursuant to Government Code Section 54222.3, the disposal of the exempt surplus land is not subject to the requirements or procedures of the SLA; and WHEREAS, on September 21, 2022, the City Council of the City of Corona (“City Council”) adopted the Downtown Corona Revitalization Plan, a blueprint and cohesive vision for the redevelopment of the downtown Corona area to create a thriving destination for residents and visitors; and
WHEREAS, on February 4, 2026, the City Council adopted Resolution No. 2026-007 declaring that 29 individual parcels of real property located at the North Mall (North East Corner of Main and Sixth Streets) (“Surplus Parcels”), which parcels consist of commercial land comprising approximately 9.6 acres, are exempt surplus land under the SLA; and WHEREAS, the City owns 5 additional individual parcels of real property located at the North Mall (North East Corner of Main and Sixth Streets), with those addresses and Assessor’s Parcel Numbers listed in Exhibit “A” attached hereto and incorporated herein by reference, which parcels consist of commercial land comprising approximately .59 acres, with only .17 contiguous acres, located within the downtown Corona area, most of which are currently vacant and the remainder of which will be vacant no later than October 31, 2026 (“Subject Property”); and
WHEREAS, as described in the Downtown Corona Revitalization Plan and as further directed by the City Council on January 7, 2026, the Surplus Parcels and the Subject Property are intended for the development of a mixed-use residential and retail project with an affordable housing component; and
Item 6.10

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WHEREAS, pursuant to Government Code Section 54221(f)(1)(G), the Subject Property meets the definition of “exempt surplus land” based upon the findings set forth herein.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF CORONA, CALIFORNIA, AS FOLLOWS:

SECTION 1. Findings. The City Council hereby finds and determines that the above stated recitals are true and correct.

SECTION 2. Exempt Surplus Property Declaration and Findings. The City Council hereby finds and declares that the Subject Property is no longer necessary for the City’s use and is exempt surplus land pursuant to Government Code Section 54221(f)(1)(G) based on the evidence in the record and the following findings:
(A) The Subject Property and the Surplus Parcels are collectively more than one (1) acre and less than ten (10) acres in size. (B) The Subject Property, in combination with the Surplus Parcels, is intended to be developed with retail and restaurant uses and mixed-use residential of not less than three hundred (300) residential units, twenty-five percent (25%) of which would be restricted to lower income households at an affordable sales price for forty-five (45) years pursuant to a covenant or restriction recorded against the Subject Property and the Surplus Parcels at the time of sale.
(C) The development of the Subject Property and the Surplus Parcels will be subject to an open, competitive solicitation process, with all entities identified in Government Code Section 54222(a) invited to participate. (D) The Subject Property: (i) is not located within a coastal zone; (ii) is not adjacent to a historical unit of the State Parks System; (iii) is not listed on, or determined by the State Office of Historic Preservation to be eligible for, the National Register of Historic Places; and (iv) is not located within the Lake Tahoe region as defined in Government Code Section 66905.5.

SECTION 3. CEQA. The declaration of the Subject Property as exempt surplus land is exempt from environmental review under the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15061(b)(3), which states that a project is exempt from CEQA if the activity is covered by the common sense exemption that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. This resolution simply declares that the Subject Property is exempt surplus land and there is no possibility that this action will have a significant effect on the environment. Therefore, no environmental analysis is required.

Item 6.10