Simi Valley City Council
June 9, 2025

EC2502.SR.MG

CITY OF SIMI VALLEY

MEMORANDUM
June 9, 2025
TO: City Council
FROM: Department of Public Works
SUBJECT: APPROVAL TO PARTICIPATE IN THE TURNKEY TURF

TRANSFORMATION PROGRAM AND AUTHORIZE THE CITY

MANAGER TO APPROVE AND EXECUTE THE TURNKEY TURF

TRANSFORMATION PROGRAM CONTRACT

STAFF RECOMMENDATION
It is recommended that the City Council:

1. Approve participation in the Turnkey Turf Transformation Participation Program; and

2. Authorize the City Manager, or her designee, to execute the Turnkey Turf Transformation Participation Program Contract (Attachment A) and all related documents to implement the Program.

BACKGROUND AND OVERVIEW
The Turnkey Turf Transformation Program (Program) will provide a no-cost opportunity for the City to renovate the existing non-functional turf landscaping (Attachment B) at the Simi Valley Civic Center, in approved areas, with upgraded California-friendly landscapes and efficient irrigation. Additionally, the Program will support participation in a regional public relations campaign and Program-related studies and evaluations to demonstrate to others the benefits of such conversions. The Program is funded through the California Department of Water Resources (DWR) Urban Community Drought Relief Grant Program and is led and administered by the Inland Empire Utilities Agency (IEUA) (Attachment C).

The IEUA is partnering with three other water agencies (Attachment D), including the Calleguas Municipal Water District, which is the water wholesaler to the City of Simi Valley/Ventura County Waterworks District No. 8 (Agency).

The primary goals of the Program are to realize the benefits of significant water savings through the removal of non-functional turf areas and to create and install visually appealing California-friendly landscapes. These landscapes are designed to inspire and encourage visitors to the City’s Main Campus to recognize the value of and consider adopting California-friendly landscaping approaches in their own spaces. This Program will also support the Agency’s need for compliance with AB 1572, which is the statewide ban of non-functional turf located on commercial, industrial, institutional properties, and on properties of homeowners’ associations. This ban takes effect in stages, beginning in 2027 for properties owned by local governments. Although the ban is not yet in effect, this AGENDA ITEM NO.

Consent (6)
Program is an opportunity for the Agency to lead our community and other local agencies in this effort.

FINDINGS AND ALTERNATIVES
Due to DWR Urban Community Drought Relief Grant Program requirements, the initial focus of the Turnkey Turf Transformation Participation Program is Disadvantaged Communities (DAC) census tracts and DAC census blocks, pursuant to the areas designated on the 2016-2020 maps found within https://gis.water.ca.gov/app/dacs/.

Calleguas reached out to the Agency a year ago, and staff confirmed that the Simi Valley Civic Center was potentially eligible to participate.

The Program’s landscape design and construction installation will be undertaken by one of IEUA’s pre-qualified contractors. A contractor will be assigned to the Civic Center through a task order process and they will be responsible for the Program’s landscape design and construction. The scope of work will include: assessment by a qualified landscape architect who will coordinate with staff and evaluate existing landscape; creation of climate-appropriate plant palette options; site-specific design; removal of nonfunctional turf; installation of California-friendly landscape and efficient irrigation; training and written manuals on long-term care and maintenance of new plants and irrigation system; six month warranty on new plants and irrigation; and an option to add landscape features not covered by the Program via direct contract with the Program’s landscape contractor.

Program participants agree to collaborate with IEUA and affiliated partners, including Calleguas, and the Program’s contractors. Participants agree to provide historical and post-project water consumption data, which may be used for marketing, outreach, and industry publications. Participants also agree to participate in public relations efforts, including displaying signage during and after installation and hosting public relations events in coordination with IEUA and their partners. Participants agree to follow landscape maintenance guidelines and keep the landscape as a permanent change for a minimum of five years. Last, Participants agree to work cooperatively with IEUA, partners, and the contractor to complete all portions of the Program project by June 30, 2026, to ensure accessibility of DWR grant funding.

Once the IEUA selects and assigns a contractor for the City’s campus work, staff will coordinate with them on the conceptual and proposed design. The intent is to match the areas of the campus that have already been converted to California-friendly landscapes and irrigation designs. Staff estimates the potential removal and replacement of up to approximately 100,000 square feet of non-functional turf in the Civic Center area. Staff will provide updates before the approval of the final landscape design.

The following alternatives are available to the City Council:

1. Approve participation in the Turnkey Turf Transformation Program and authorize the City Manager or her designee to execute the Turnkey Turf Transformation Program Participation Contract for the City; or

2. Do not accept the Contract and provide staff with other direction. 2 Staff recommends Alternative No. 1.

SUGGESTED CITY COUNCIL MOTION
I move to approve participation in the Turnkey Turf Transformation Program and to authorize the City Manager, or her designee, to execute the Turnkey Turf Transformation Participation Program Contract and all related documents to implement the Program.

SUMMARY
The Turnkey Turf Transformation Program will provide the City of Simi Valley, with a nocost opportunity for removal and replacement of approximately 100,000 square feet of non-functional turf in approved areas of the Civic Center area, with California-friendly landscapes and efficient irrigation, and opportunities for participation in upcoming public relations campaigns, and Program-related studies and evaluations. These will be used to promote water efficiency and highlight the vital need for such beneficial projects, thereby conserving our valuable water resources. The Program is funded through the California Department of Water Resources (DWR) Urban Community Drought Relief Grant Program, which identified the initial grant focus to be in areas identified by DWR as Disadvantaged Communities (DAC). Calleguas and City staff have confirmed to the IEUA that the Simi Valley Civic Center is grant eligible.
____________________________________
Ronald K. Fuchiwaki
Public Works Director
Prepared by: Wanda Moyer, Deputy Public Works Director (Environmental Compliance) INDEX Page
Attachment A – Turnkey Turf Transformation Participation Contract………………4 Attachment B – Existing Non-Functional Turf Landscaping Map…………………..9 Attachment C – Grant Agreement between DWR and IEUA………………………10 Attachment D – Turnkey Turf Program Partner Agreement between IEUA and Calleguas and Other Water Agencies…………………………………………..54 3 1
Turnkey Turf Transformation Program
Participation Contract
A. Recitals

1. The undersigned ("Participant") agrees to participate in the Turnkey Turf Transformation Program (“Program”) for the site located at:
________________________________________________________________ (“Property").

The Program provides the Property with no-cost removal of non-functional turf and replacement with California-friendly landscapes and efficient irrigation, participation in a public relations campaign, and involvement in any Program-related studies or evaluations. These services, when received by the Property, will be known collectively as a project (“Project”).

2. The Program is led and administered by the Inland Empire Utilities Agency (“IEUA”), which is partnering with three other water agencies, including the Upper San Gabriel Valley Municipal Water District, Calleguas Municipal Water District, and Las Virgenes Municipal Water District (“Partners”). Projects under the Program will be distributed to properties throughout the service areas of all four Partners, extending from the southwestern region of Ventura County to the western area of San Bernardino County.

3. The primary goals of the Program are twofold: first, to realize significant water savings through the removal of non-functional turf areas, and second, to create and install visually appealing California-friendly landscapes. These landscapes are designed not only to enhance the aesthetic appeal of the properties but also to inspire and encourage visitors and neighboring communities to recognize the value of and consider adopting California-friendly landscaping approaches in their own spaces.

4. The Program is funded through the California Department of Water Resources (“DWR”) Urban Community Drought Relief Grant Program.

5. The Participant agrees to collaborate with IEUA, affiliated Partners, the Participant’s local retail water provider (“Retail Agency”), and the Program’s contractors to implement the Project.

6. The Program’s landscape services will be completed by one of IEUA’s pre-qualified contractors including Brightview Landscape Services Inc., Everthrive Landscape Company, Landscape West Management Services Inc., and Monarch Environmental Companies Inc., (“Contractor”). A Contractor will be assigned to this Property through a task order process and will be responsible for the Program’s landscape services, as described below in Section B.

B. Services

1. The Contactor’s landscape services include:
a. Assessment of existing landscape
b. Plant palette options for climate-appropriate plant selection 4 ATTACHMENT A
2 c. Two revisions of the site-specific design
d. Final design with California-friendly plantings, irrigation, ground cover, and any other details needed for the installation of the new landscape e. Removal of non-functional turf
f. Installation of new California Friendly landscape and efficient irrigation g. Provide training and written manuals on the long-term care and maintenance of the new plants and irrigation system
h. Six (6) month warranty on newly installed plants and irrigation i. Option to add landscape features not covered by the Program via direct contract with the Program's Landscape Contractor

2. The Participant understands that the Contractor’s services under this Agreement are performed under the Contractor’s exclusive direct supervision and control and that Contractor is responsible for the means, methods, and operative details of services for the Project. The Contractor is an independent contractor, and this Agreement does not create any employee/employer relationship between the Contractor and IEUA, Partners, Retail Agencies, or Participants.

C. Participant Requirements

1. The Participant hereby agrees to permit the Contractor and their subcontractor to perform all of the Program’s landscape services described above.

2. The Participant hereby agrees to provide IEUA, Partners, Retail Agencies, and/or Program’s Contractor access to the Property for all other Program-related activities, including but not limited to public relations efforts and Project quality control checks.

3. The Participant hereby agrees to provide the Property’s historical and post-project water consumption data, project feedback, and other relevant information that may be used in the evaluation of the Program. The data may be used for marketing, outreach, and industry publications.

4. The Participant hereby agrees to participate in public relations efforts, including displaying signage during and after installation and hosting public relations events in coordination with IEUA, Partners, Retail Agencies, and/or the Contractors. Partners may use these materials for marketing, outreach, and industry publications.

5. The Participant hereby agrees to attend training on the maintenance and care of new plants and irrigation systems, follow the maintenance guidelines provided, and keep the landscape as a permanent change for a minimum of five (5) years.

6. The Participant hereby agrees to work cooperatively with IEUA, Partners, Retail Agencies, and the Contractors to complete all portions of the Project by June 30, 2026, to ensure accessibility of DWR grant funding.

7. The Participant hereby agrees to fully cooperate with IEUA, Partners, Retail Agencies, and the Contractor regarding the goals of the Program. Should these Parties determine that the Participant is not cooperating with meeting the Program’s goals, IEUA may elect to terminate this Participation Contract in writing prior to the design, turf removal, and/or installation of the new landscape. In this event, all remaining design components and/or all pending landscape restoration works and services shall be at the sole cost of the Participant. 5 3

8. The Participant hereby agrees that after six (6) months, any and all problems related to plants, site materials, maintenance, pest control, and/or the installed equipment must be handled solely by the Participant and/or the manufacturer of the installed equipment. Beyond the six (6) month warranty, the Participant may contact the Contractor to remedy any issues within the landscape at the Participant's expense. Appropriate documentation will be left with the Participant for this purpose.

9. The Participant is responsible for ensuring that the Program Services provided are in full compliance with local municipal codes and ordinances. The Participant accepts full liability for compliance with all local municipal codes and ordinances.

10. The Participant recognizes that participation in the Program is voluntary and does not constitute any representation or promise of any cost savings or results of any nature.

11. The Participant hereby agrees that a representative authorized to sign the Project Completion Form will be available to the Contractor on the scheduled final visit to the Property.

12. The Participant represents and warrants that they are duly authorized to make decisions regarding the Property’s participation in the Program.

D. Indemnity

1. The Participant hereby agrees to defend, indemnify, protect, and hold harmless IEUA, Partners, Retail Agencies, and DWR, as well as their respective board members, officers and employees, directors, administrators, assigns, representatives, successors, and agents (each an “Indemnitee” and collectively the “Indemnitees”) from and against any and all claims, demands, damages, debts, liabilities, obligations, contracts, contracts, causes of action, suits, and costs of whatever nature, character, or description, whether known or unknown, anticipated or unanticipated, asserted or established (collectively “Claims”), arising out of, in connection with, and/or relating to the Project at the Property, and/or this contract, and/or any and all acts or omissions of the Participant and/or his/her/its agents, contractors, consultants, and employees; provided, however, that Participant’s duty to indemnify and hold harmless shall not include any Claims directly resulting from the sole negligence or willful misconduct of the Indemnitees, in performing the work or services of the landscape assessment portion of the Program.

E. Miscellaneous

1. This Agreement constitutes the entire Agreement between the parties hereto pertaining to the subject matter hereof, and all prior and contemporaneous agreements, representations, and understandings of the parties hereto, oral or written, are hereby superseded and merged herein. No supplement, modification, or amendment of this Agreement shall be binding unless in writing and executed by the parties. This Agreement shall be construed in accordance with and governed by the laws of the State of California. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions, whether or not similar, nor shall any waiver be a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver. If any provision of this Agreement or the application thereof to any person, place, or circumstance shall be held by a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of this Agreement and such provisions as applied to other persons, places, and circumstances shall remain in full force 6 4
and effect; provided, however, the invalid provision does not have a materially adverse effect on Licensor. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute but one and the same instrument.

F. Approvals
________________________________________________________________________ Property Name and Address
_______________________________
Participant Representative Printed Name
_______________________________
IEUA Representative Printed Name
_______________________________
Participant Representative Title
_______________________________
IEUA Representative Title
_______________________________
Participant Representative Signature
_______________________________
IEUA Representative Signature
_______________________________
Date
_______________________________
Date

SIGNATURES ON NEXT PAGE
7 1
Attest: City of Simi Valley, A Municipal Corporation
By:

Lucy Blanco, City Clerk Samantha C. Argabrite, City Manager Approved as to Form: Inland Empire Utilities Agency
By:

Algeria R. Ford, City Attorney
Print Name:

Approved as to Content: Title:

By:

Johanna Medrano,
Deputy Administrative Services Director/
Print Name:

Budget & Purchasing
Title:

Ronald F. Fuchiwaki
Public Works Director
8 AVENIDA SIMI

ALAMO ST TAPO CANYON RD

EL PASEO WAY

ALAMO ST
Turf Remodel Area
(Exhibit No. 1)
Remodel Areas are shown shaded
2929 Tapo Canyon Rd

ATTACHMENT B
9 DocuSign Envelope ID: 788C7911-2097-403A-9398-A 10F58DBEB4C

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

INLAND EMPIRE UTILITIES AGENCY
AGREEMENT NUMBER 4600015372

URBAN COMMUNITY DROUGHT RELIEF GRANT
THIS GRANT AGREEMENT is entered into by and between the Department of Water Resources of the State of California, herein referred to as the "State" or "DWR," and the Inland Empire Utilities Agency, a public agency in the State of California, duly organized, existing, and acting pursuant to the laws thereof, herein referred to as the "Grantee," which parties do hereby agree as follows:
1) PURPOSE. The State shall provide funding from the Budget Act of 2021, as amended (Stats. 2022, ch. 44, § 25) to the Grantee to assist in financing the Project. By executing this Agreement, the Grantee certifies that the purpose of the Project is in response to a drought scenario, as defined by Water Code section 13198(a) and is intended to: (1) address immediate impacts on human health and safety; (2) address immediate impacts on fish and wildlife resources; or, (3) provide water to persons or communities that lose or are threatened with the loss or contamination of water supplies.
2) TERM OF GRANT AGREEMENT. The term of this Grant Agreement begins on July 1, 2022, and ends three (3) years following the final payment unless otherwise terminated or amended as provided in this Grant Agreement. However, all work shall be completed by June 30, 2026, in accordance with the Schedule as set forth in Exhibit C and no funds may be requested after September 30, 2026.
3) GRANT AMOUNT. The maximum amount payable by the State under this Grant Agreement shall not exceed $8,474,500. Any additional costs are the responsibility of the Grantee. 4) GRANTEE REQUIRED COST SHARE. The Grantee is required to provide a local cost share (non-State funds) in the amount of $0, as set forth in Exhibit 8 (Budget). Required Cost Share must be for Eligible Project Costs directly related to the Project as set forth in Exhibit A (Work Plan), incurred after June 30, 2022.
5) BASIC CONDITIONS.

A. The State shall have no obligation to disburse money for the Project(s) under this Grant Agreement until the Grantee has satisfied the following conditions (if applicable):
i. The Grantee shall demonstrate compliance with all eligibility criteria as set forth in the 2022 Urban Community Drought Relief Grant Program Guidelines and Proposal Solicitation Package (2022 Guidelines).
ii. For the term of this Agreement, the Grantee shall submit Quarterly Progress Reports which must accompany an invoice and all invoice backup documentation. The Quarterly Progress Report shall be submitted within 60 days following the end of the calendar quarter (i.e., reports due May 30, August 29, November 29, and March 1) and all other deliverables as required by Paragraph 13, "Submission of Reports" and Exhibit A, "Work Plan".
iii. Prior to the commencement of construction or implementation activities, if applicable, the Grantee shall submit the following to the State.

1. Final plans and specifications certified, signed and stamped by a California Registered Civil Engineer (or equivalent registered professional as appropriate) to certify compliance for each approved project as listed in Exhibit A of this Grant Agreement. 10 ATTACHMENT C
DocuSign Envelope ID: 788C7911-2097-403A-939B-A 1 0F58DBEB4C Grant Agreement No. 4600015372

2. Work that is subject to the California Environmental Quality Act (CEQA) (including final land purchases) shall not proceed under this Grant Agreement until the following actions are performed:
a) The Grantee submits to the State all applicable environmental permits, as indicated on the Environmental Information Form to the State,
b) Documents that satisfy the CEQA process are received by the State, and c) The Grantee receives written notification from the State of concurrence with the Lead Agency's CEQA documents (s) and State's notice of verification of environmental permit submittal.

The State's concurrence of Lead Agency's CEQA documents is fully discretionary and shall constitute a condition precedent to any work (i.e., construction or implementation activities) for which it is required. Once CEQA documentation has been completed, the State will consider the environmental documents and decide whether to continue to fund the project, or to require changes, alterations, or other mitigation. Proceeding with work subject to CEQA prior to the State's concurrence shall constitute a material breach of this Agreement. The Grantee or Local Project Sponsor (LPS) shall also demonstrate that it has complied with all applicable requirements of the National Environmental Policy Act (NEPA) by submitting copies of any environmental documents, including Environmental Impact Statements, Finding of No Significant Impact, mitigation monitoring programs, and environmental permits as may be required prior to beginning construction/ implementation.
iv. A monitoring plan as required by Paragraph 15, "Monitoring Plan Requirements," if applicable.
6) DISBURSEMENT OF FUNDS. The State will disburse to the Grantee the amount approved, subject to the availability of funds through normal State processes. Notwithstanding any other provision of this Grant Agreement, no disbursement shall ·be required at any time or in any manner which is in violation of, or in conflict with, federal or state laws, rules, or regulations. Any and all money disbursed to the Grantee under this Grant Agreement shall be deposited in a noninterest-bearing account and shall be used solely to pay Eligible Project Costs. 7) ELIGIBLE PROJECT COST. The Grantee shall apply State funds received only to Eligible Project Costs in accordance with applicable provisions of the law and Exhibit B, "Budget". Eligible Project Costs include the reasonable costs of studies, engineering, design, land and easement acquisition and associated legal fees, preparation of environmental documentation, environmental mitigations, monitoring, and project construction. Reimbursable administrative expenses are the necessary costs incidental but directly related to the Project included in this Agreement. Costs incurred after June 30, 2022, may be eligible for reimbursement.

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

A. Costs, other than those noted above, incurred prior to July 1, 2022.

B. Costs for preparing and filing a grant application.

C. Purchase of equipment that is not an integral part o(a project.

D. Establishing a reserve fund.

E. Purchase of water supply.
11 DocuSign Envelope ID: 788C7911-2097-403A-939B-A 1 0F58DBEB4C Grant Agreement No. 4600015372

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

G. Meals, food items, or refreshments.

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

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

J. Overhead and Indirect Costs. "Indirect Costs" means those costs that are incurred for a common or joint purpose benefiting more than one cost objective and are not readily assignable to the funded project (i.e., costs that are not directly related to the funded project).

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

K. Mitigation for environmental impacts not resulting from implementation of a project funded by this Agreement. Costs incurred as part of any necessary response and cleanup activities required under the Comprehensive Environmental Response, Compensation, and Liability Act; Resource Conservation and Recovery Act; Hazardous Substances Account Act; or other applicable law.
8) METHOD OF PAYMENT. After the disbursement requirements in Paragraph 5, "Basic Conditions" are met, the State will disburse the whole or portions of State funding to the Grantee, following receipt from the Grantee of an electronic invoice certified and transmitted via electronic/digital signature system (e.g., DocuSign) or via US mail or Express mail delivery of a "wet signature" for costs incurred, including Local Cost Share, and timely Quarterly Progress Reports as required by Paragraph 13, "Submission of Reports." Payment will be made no more frequently than quarterly, in arrears, upon receipt of an invoice bearing the Grant Agreement number. Quarterly Progress Report must accompany an invoice and shall be submitted within 60 days following the end of the calendar quarter (i.e., invoices due May 30, August 29, November 29, and March 1 ). The State will notify the Grantee, in a timely manner, whenever, upon review of an invoice, the State determines that any portion or portions of the costs claimed are not eligible costs or is not supported by documentation or receipts acceptable to the State. The Grantee may, within thirty (30) calendar days of the date of receipt of such notice, submit additional documentation to the State to cure such deficiency(ies). If the Grantee fails to submit adequate documentation curing the deficiency(ies), the State will adjust the pending invoice by the amount of ineligible or unapproved costs.

Invoices submitted by the Grantee shall include the following information:

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

B. Costs incurred for any interests in real property (land or easements) that have been necessarily acquired for a project during the period identified in the particular invoice for the implementation of a project.
12 DocuSign Envelope ID: 788C7911-2097-403A-9398-A10F58DBE84C Grant Agreement No. 4600015372

C. Invoices shall be submitted on forms provided by the State and shall meet the following format requirements:
i. Invoices shall contain the date of the invoice, either the time period covered by the invoice or the invoice date received within the time period covered, and the total amount due. ii. Invoices shall be itemized based on the categories (i.e., tasks) specified in Exhibit B, "Budget." The amount claimed for salaries/wages/consultant fees shall include a calculation formula (i.e., hours or days worked times the hourly or daily rate= the total amount claimed).
iii. One set of sufficient evidence (i.e., receipts, copies of checks, personnel hours' summary table, time sheets) shall be provided for all costs included in the invoice. iv. Each invoice shall clearly delineate those costs claimed for reimbursement from the State's funding amount, as depicted in Paragraph 3, "Grant Amount". v. Original signature and date of the Grantee's Project Representative. Submit an electronic invoice, certified and transmitted via electronic/digital signature system (e.g., DocuSign), from authorized representative to the Project Manager or the original "wet signature" copy of the invoice form to the Project Manager at the following address: Financial Assistance Branch, DWR, P.O. Box 942836, Sacramento, CA 94236.

All invoices submitted shall be accurate and signed under penalty of law. Any and all costs submitted pursuant to this Agreement shall only be for the tasks set forth herein. The Grantee shall not submit any invoice containing costs that are ineligible or have been reimbursed from other funding sources unless required and specifically noted as such (i.e., cost share). Any eligible costs for which the Grantee is seeking reimbursement shall not be reimbursed from any other source. Double or multiple billing for time, services, or any other eligible cost is illegal and constitutes fraud. Any suspected occurrences of fraud, forgery, embezzlement, theft, or any other misuse of public funds may result in suspension of disbursements of grant funds and/or termination of this Agreement requiring the repayment of all funds disbursed hereunder plus interest. Additionally, the State may request an audit pursuant to Standard Condition Paragraph D.5 and refer the matter to the Attorney General's Office or the appropriate district attorney's office for criminal prosecution or the imposition of civil liability. (Civ. Code,§§ 1572-1573; Pen.

Code, §§ 470, 487-489.)
9) ADVANCED PAYMENT. Water Code section 13198.4( c) authorizes advanced payment by the State for grantees that demonstrate cash flow issues. A project may receive an advanced payment of twenty-five (25) percent of its grant award; the remaining seventy-five (75) percent of the grant award will be reimbursed in arrears after the advanced funds have been fully expended.

Within ninety (90) calendar days of execution of the Grant Agreement, the Grantee may provide the State an Advanced Payment Request. Advanced Payment Requests received ninety-one (91) calendar days after the execution of this Agreement will not be eligible to receive an advanced payment. The Advanced Payment Request shal! contain the following:

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

B. If the Grantee is requesting the advanced payment, the request(s) shall include:
i. Descriptive information of each project with an update on project status. 13 DocuSign Envelope ID: 788C7911-2097-403A-939B-A 1 0F58DBEB4C Grant Agreement No. 4600015372

ii. Description and documentation of the cash flow issues the LPS has that requires funds to be advanced.
iii. The names of the entities that will receive the funding for each project. iv. A detailed Funding Plan which includes how the advanced payment will be expended (in terms of workplan, budget, and schedule) within the timeframe agreed upon by DWR and the Grantee. The Funding Plan must clearly identify the total budget (at Budget Category Level) for each project clearly showing the portion of advanced payment and reimbursement funds.
v. Any other information that DWR may deem necessary.

C. Upon review and approval of the Advanced Payment Request, DWR may authorize payment of the requested amount or a lesser amount for those entities that have requested advanced funds. Based on the project's Funding Plan and other considerations, DWR may develop a "Disbursement Schedule," to disburse funds in installments. This Disbursement Schedule may change based on the project's ongoing compliance with the Advanced Payment requirements and the project's cash flow needs.

D. Once DWR authorizes the Advanced Payment Request, the Grantee shall submit Advanced Payment lnvoice(s) for the initial amount based on the "Disbursement Schedule" on behalf of the LPS(s), containing the request for each project requesting advanced funds, to the State with signature and date of the Grantee's Project Representative, as indicated in Paragraph 19, "Project Representative." The Grantee shall be responsible for the timely distribution of the advanced funds to the respective LPS(s). The Advanced Payment lnvoice(s) shall be submitted on forms provided by the State and shall meet the following format requirements:
i. Invoice shall contain the date of the invoice, the time period covered by the invoice, and the total amount due.
ii. Invoice shall be itemized based on the budget categories specified in Exhibit B, "Budget." iii. The State Project Manager will notify the Grantee, in a timely manner, when, upon review of an Advance Payment Invoice, the State determines that any portion or portions of the costs claimed are not eligible costs. The Grantee may, within thirty (30) calendar days of the date of receipt of such notice, submit additional documentation to cure such deficiency(ies). The Grantee may, within thirty (30) calendar days of the date of receipt of such notice, submit additional documentation to cure such deficiency(ies). If costs are not consistent with the tasks in Exhibit A, the State will reject the claim and remove them from the Accountability Report.
iv. On a quarterly basis, the Grantee will submit an Accountability Report to the State that demonstrates how actual expenditures compare with the scheduled budget. The Accountability Report shall include the following information:

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

2. An updated Accountability Report including an updated Funding Plan that depicts how the remaining advanced funds will be expended and the activities and deliverables associated with the advanced funds within the timeframe agreed upon by DWR and the Grantee when the advanced payment request was approved. 14 DocuSign Envelope ID: 788C7911-2097-403A-9398-A 1 0F58DBEB4C Grant Agreement No. 4600015372

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

4.Proof of distribution of advanced funds to LPS(s), if applicable.

E. Once the Grantee has spent all advanced funds in a budget category, then the method of payment will revert to the reimbursement process for that budget category specified in Paragraph 8, "Method of Payment."
10)WITHHOLDING OF DISBURSEMENTS BY THE STATE. If the State determines that a project is not being implemented in accordance with the provisions of this Grant Agreement, or that the Grantee has failed in any other respect to comply with the provisions of this Grant Agreement, and if the Grantee does not remedy any such failure to the State's satisfaction, the State may withhold from the Grantee all or any portion of the State funding and take any other action that it deems necessary to protect its interests. Where a portion of the State funding has been disbursed to the Grantee and the State notifies the Grantee of its decision not to release funds that have been withheld pursuant to Paragraph 11, "Default Provisions," the portion that has been disbursed shall thereafter be repaid immediately at the time the State notifies the Grantee, as directed by the State. The State may consider the Grantee's refusal to repay the requested disbursed amount a material breach subject to the default provisions in Paragraph 11, "Default Provisions." If the State notifies the Grantee of its decision to withhold the entire funding amount from the Grantee pursuant to this Paragraph, this Grant Agreement shall terminate upon receipt of such notice by the Grantee and the State shall no longer be required to provide funds under this Grant Agreement and the Grant Agreement shall no longer be binding on either party. 11 )DEFAULT PROVISIONS. The Grantee shall be in default under this Grant Agreement if any of the following occur:

A Substantial breaches of this Grant Agreement, or any supplement or amendment to it, or any other agreement between the Grantee and the State evidencing or securing the Grantee's obligations;
B. Making any false warranty, representation, or statement with respect to this Grant Agreement or the application filed to obtain this Grant Agreement; C. Failure to operate or maintain the Project in accordance with this Grant Agreement.

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

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

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

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

A Declare the funding be immediately repaid.

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

C. Terminate the Grant Agreement.
15 DocuSign Envelope ID: 788C7911-2097-403A-939B-A 1 0F58DBEB4C Grant Agreement No. 4600015372

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

In the event the State finds it necessary to enforce this provision of this Grant Agreement in the manner provided by law, the Grantee agrees to pay all costs incurred by the State including, but not limited to, reasonable attorneys' fees, legal expenses, and costs. 12)CONTINUING ELIGIBILITY. The Grantee shall meet the following ongoing requirement(s) and all eligibility criteria outlined in the 2022 Guidelines to remain eligible to receive State funds:

A. An urban water supplier that receives grant funds pursuant to this Agreement shall maintain compliance with the Urban Water Management Planning Act (UWMP; Wat. Code,§ 10610 et seq.) and Sustainable Water Use and Demand Reduction (Wat. Code,§ 10608 et seq.) as set forth on page 21 of the 2022 Guidelines and Proposal Solicitation Package.

B. An agricultural water supplier receiving grant funds shall comply with Sustainable Water Use and Demand Reduction requirements outlined in Water Code section 10608, et seq. and have their Agricultural Water Management Plan (AWMP) deemed consistent by DWR. To maintain eligibility and continue funding disbursements, an agricultural water supply shall have their 2021 AWMP identified on the State's website. For more information, visit the website listed in the 2022 Guidelines and Proposal Solicitation Package.

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

D. If applicable, the Grantee shall demonstrate compliance with the Sustainable Groundwater Management Act (SGMA) as set forth in the 2022 Guidelines and Proposal Solicitation Package.

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

Alternatively, if the Grantee has submitted a Groundwater Sustainability Plan (GSP) or Alternative Plan pursuant to the GSP Regulations (Cal. Code Regs., tit. 23, § 350 et seq.}, groundwater level data must be submitted through the SGMA Port~I at:
https://sgma.water.ca.gov/portal/.

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

G. On March 4, 2022, the Governor issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. The EO may be found at:
https://www.gov.ca.gov/wp-content/uploads/2022/03/3.4.22-Russia-Ukraine-ExecutiveOrder.pdf. "Economic Sanctions" refers to sanctions imposed by the U.S. government in response to Russia's actions in Ukraine, as well as any sanctions imposed under State law.

The EO directs DWR to terminate funding agreements with, and to refrain from entering any new agreements with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should the State determine that the Grantee is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this Agreement. The State shall provide the Grantee advance written notice of such termination, allowing the Grantee at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the State. 16 DocuSign Envelope ID: 788C7911-2097-403A-939B-A 1 0F58DBEB4C Grant Agreement No. 4600015372

13)SUBMISSION OF REPORTS. The submittal and approval of all reports is a requirement for the successful completion of this Grant Agreement. Reports shall meet generally accepted professional standards for technical reporting and shall be proofread for content, numerical accuracy, spelling, and grammar prior to submittal to the State. All reports shall be submitted to the State's Project Manager and shall be submitted via the DWR "Grant Review and Tracking System" (GRanTS). If requested, the Grantee shall promptly provide any additional information deemed necessary by the State for the approval of reports. Reports shall be presented in the formats described in the applicable portion of Exhibit F, "Report Formats and Requirements." The timely submittal of reports is a requirement for initial and continued disbursement of State funds.

Submittal and subsequent approval by the State of a Project Completion Report is a requirement for the release of any funds retained for such project.

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

B. Project Completion Report: The Grantee shall prepare and submit to the State a separate Project Completion Report for each project included in Exhibit A. The Grantee shall submit a Project Completion Report (or a Component Completion Report, if a Project has multiple Components) within ninety (90) calendar days of Project/Component completion as outlined in Exhibit F.

C. Grant Completion Report: Upon completion of all the Projects included in Exhibit A, the Grantee shall submit to the State a Grant Completion Report. The Grant Completion Report shall be submitted within ninety (90) calendar days of submitting the Completion Report for the final project to be completed under this Grant Agreement, as outlined in Exhibits A and F.

Retention for any grant administration line items in the Budget of this Grant Agreement will not be disbursed until the Grant Completion Report is approved by the State.

D. Post-Performance Reports: The Grantee shall prepare and submit to the State PostPerformance Reports for the applicable project(s). Post-Performance Reports shall be submitted to the State within ninety (90) calendar days after the first operational year of a project has elapsed. This record keeping and reporting process shall be repeated annually for a total of three (3) years after the project begins operation. 14)OPERATION AND MAINTENANCE OF PROJECT. For the useful life of construction and implementation projects and in consideration of the funding made by the State, the Grantee agrees to ensure or cause to be performed the commencement and continued operation of the project, and shall ensure or cause the project to be operated in an efficient and economical manner; shall ensure all repairs, renewals, and replacements necessary to the efficient operation of the same are provided; and shall ensure or cause the same to be maintained in as good and efficient condition as upon its construction, ordinary and reasonable wear and depreciation excepted. The State shall not be liable for any cost of such maintenance, management, or operation. The Grantee or their successors may, with the written approval of the State, transfer this responsibility to use, manage, and maintain the property. For purposes of this Grant Agreement, "useful life" means period during which an asset, property, or activity is expected to 17 DocuSign Envelope ID: 788C7911-2097-403A-939B-A 1 0F58DBEB4C Grant Agreement No. 4600015372

be usable for the purpose it was acquired or implemented; "operation costs" include direct costs incurred for material and labor needed for operations, utilities, insurance, and similar expenses, and "maintenance costs" include ordinary repairs and replacements of a recurring nature necessary for capital assets and basic structures and the expenditure of funds necessary to replace or reconstruct capital assets or basic structures. Refusal by the Grantee to ensure operation and maintenance of the projects in accordance with this provision may, at the option of the State, be considered a breach of this Grant Agreement and may be treated as default under Paragraph 11, "Default Provisions."
15)MONITORING PLAN REQUIREMENTS. A Monitoring Plan shall be submitted to the State prior to disbursement of State funds for construction or monitoring activities. The Monitoring Plan should incorporate Post-Performance Monitoring Report requirements as defined and listed in Exhibit F, and follow the guidance provided in Exhibit L, "Project Monitoring Plan Guidance." 16)NOTIFICATION OF STATE. The Grantee shall promptly notify the State, in writing, of the following items:

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

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

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

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

E. Applicable to construction projects only: Final inspection of the completed work on a project by a Registered Professional (Civil Engineer, Engineering Geologist, or other State approved certified/licensed Professional), in accordance with Exhibit D. The Grantee shall notify the State's Project Manager of the inspection date at least fourteen (14) calendar days prior to the inspection in order to provide the State the opportunity to participate in the inspection. 17)NOTICES. Any notice, demand, request, consent, or approval that either party desires or is required to give to the other party under this Grant Agreement shall be in writing. Notices may be transmitted by any of the following means:

A. By delivery in person.

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

C. By "overnight" delivery service; provided that next-business-day delivery is requested by the sender.
18 DocuSign Envelope ID: 788C7911-2097-403A-939B-A 1 0F58DBEB4C D. By electronic means.

Grant Agreement No. 4600015372

E. Notices delivered in person will be deemed effective immediately on receipt (or refusal of delivery or receipt). Notices sent by certified mail will be deemed effective given ten (10) calendar days after the date deposited with the U.S. Postal Service. Notices sent by overnight delivery service will be deemed effective one business day after the date deposited with the delivery service. Notices sent electronically will be effective on the date of transmission, which is documented in writing. Notices shall be sent to the addresses listed below. Either party may, by written notice to the other, designate a different address that shall be substituted for the one below.
18) PERFORMANCE EVALUATION. Upon completion of this Grant Agreement, the Grantee's performance will be evaluated by the State and a copy of the evaluation will be placed in the State file and a copy sent to the Grantee.
19)PROJECT REPRESENTATIVES. The Project Representatives during the term of this Grant Agreement are as follows:

Department of Water Resources
Arthur Hinojosa
Manager, Division of Regional
Assistance
P.O. Box 942836
Sacramento, CA 94236
Phone: (916) 902-6713
Email: [email protected]
Direct all inquiries to the Project Manager:

Department of Water Resources
Haley Miller
Environmental Scientist
P.O. Box 942836
Sacramento, CA 94236
Phone: 916 326-9832
Email: [email protected]
Inland Empire Utilities Agency
Shivaji Deshmukh
General Manager
6075 Kimball Ave.

Chino, CA 91708
Phone: (909) 993-1600
Email: [email protected]
Inland Empire Utilities Agency
Ashley Womack
Grants and Government Affairs Officer
6075 Kimball Ave.

Chino, CA 91708
Phone: (909) 925-7205
Email: [email protected]
Either party may change its Project Representative or Project Manager upon written notice to the other party.
19 DocuSign Envelope ID: 788C7911-2097-403A-939B-A10F58DBEB4C Grant Agreement No. 4600015372

20)STANDARD PROVISIONS. This Grant Agreement is complete and is the final Agreement between the parties. The following Exhibits are attached and made a part of this Grant Agreement by this reference:

Exhibit A - Work Plan
Exhibit B - Budget
Exhibit C - Schedule
Exhibit D - Standard Conditions
Exhibit E -Authorizing Resolution
Exhibit F - Report Formats and Requirements
Exhibit G - Requirements for Data Submittal
Exhibit H - State Audit Document Requirements for the Grantee Exhibit I - Local Project Sponsors and Project Locations Exhibit J - Appraisal Specifications
Exhibit K - Information Needed for Escrow Processing and Closure Exhibit L - Project Monitoring Plan Guidance
Exhibit M - Invoice Guidance for Administrative and Overhead Charges 20 DocuSign Envelope ID: 788C7911-2097-403A-9398-A 1 0F58D8EB4C Grant Agreement No. 4600015372

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

STATE OF CALIFORNIA

DEPARTMENT OF WATER RESOURCES
~ (2Jw For
Arthur Hinojosa
Manager, Division of Regional Assistance
Date 11/15/2023
Approved as to Legal Form and Sufficiency
Robin Brewer
Assistant General Counsel,
Office of the General Counsel
Date 11/15/2023
For

INLAND EMPIRE UTILITIES
AGENCY
Shivaji Deshmukh
General Manager
Date 11/15/2023
21 DocuSign Envelope ID: 788C7911-2097-403A-939B-A 1 0F58DBEB4C

EXHIBIT A

WORK PLAN
Grant Administration
IMPLEMENTING AGENCY: Inland Empire Utilities Agency (Grantee) Grant Agreement No. 4600015372

PROJECT DESCRIPTION: The Grantee will administer these funds and respond to DWR's reporting and compliance requirements associated with the grant administration. This Grantee will act in a coordination role: disseminating grant compliance information to the project managers responsible for implementing the projects contained in this Agreement, obtaining and retaining evidence of compliance (e.g., CEQA/NEPA documents, reports, monitoring compliance documents, labor requirements, etc.), obtaining data for progress reports from individual project managers, assembling and submitting progress reports to the State, and coordinating all invoicing and payment of invoices.

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

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

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

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

Deliverables:
• Quarterly Progress Reports
• Grant Completion Report
22 DocuSign Envelope ID: 788C7911-2097-403A-9398-A10F58DBEB4C Grant Agreement No. 4600015372

PROJECT 1: Turnkey Turf Transformation Program
IMPLEMENTING AGENCY: Inland Empire Utilities Agency
PROJECT DESCRIPTION: Inland Empire Utilities Agency, Calleguas Municipal Water District, Las Virgenes Municipal Water District and Upper San Gabriel Valley Municipal Water District will implement the Turnkey Turf Transformation Program (Program). The Program identifies nonresidential sites in critically drought-stricken service areas that are in highly visible locations and contain large amounts of non-functional turf. These sites will receive a landscape evaluation that identifies opportunities to reduce water usage and provide efficient irrigation and plant material recommendations. The Program's goal is to immediately reduce water usage while encouraging the public to install water-efficient landscaping on their properties and reduce their water usage. The Program will be implemented in underrepresented communities in each service area of the participating agencies where possible. At least 50% of the total project benefit will be to Underrepresented Communities. The Program will transform between 1.0 and 1.5 million square feet of non-functional turf to yield estimated water savings of between 264 and 396 acre-feet per year.

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

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

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

Deliverables:
• Quarterly Project Progress Reports
• Project Completion Report
• Documentation (e.g., photo) of "Acknowledgment of Credit & Signage" per Standard Condition D.2
Budget Category (b): Land Purchase/Easement
Task 3: Land Purchase
23 DocuSign Envelope ID: 788C7911-2097-403A-939B-A 1 0F58DBEB4C Grant Agreement No. 4600015372
Not Applicable.

Budget Category (c): Planning/Design/Engineering/Environmental Documentation Task 4: Feasibility Studies
Not Applicable.

Task 5: CEQA Documentation
Not Applicable.

Task 6: Permitting
Not Applicable.

Task 7: Planning

The Partner Agencies are responsible for collaborating with the retail agencies in their respective service areas to select and submit properties to Inland Empire Utilities Agency for initial screening for program participation eligibility. Inland Empire Utilities Agency has the final authority to select properties to participate in the program based upon the following initial criteria: 1) assures that more than 50% of the conservation benefit occurs on properties located within underrepresented areas; 2) honors the proportional sharing agreement among the Partner Agencies; 3) is a non-residential properties with a dedicated irrigation meter(s) and an automated irrigation controller(s); 4) provides optimal water savings and stormwater retention; 5) has sufficient water use history and data to participate in water savings study; 6) is located in an area that is highly visible or can otherwise amplify the promotion of the benefits of relandscaping; 7) agrees to participate in the accompanying public relations campaign; and 8) diversifies participating property locations among the 60+ communities serviced by the Partner Agencies.

Representatives of property owners selected to participate in the program will meet individually with the landscape contractor and discuss options for relandscaping of non-functional turf. Before any work is done, the property owner will receive a site plan detailing the layout, irrigation system update, plant materials to replace the non-functional turf and any other elements of the relandscaping work to be completed. Marketing campaign material shall notify applicants of potential tax liability for rebates.

Deliverables:
• Copy of signed Site Plans detailing work to be done and signed by property owner or his/her representative.
• Summary of proposed public relations promotion efforts.

Task 8: Project Monitoring Plan
Develop and submit a Project Monitoring Plan per Paragraph 15 for DWR's review and approval.

Deliverables:
• Project Monitoring Plan
Budget Category (d): Construction/Implementation
24 DocuSign Envelope ID: 788C7911-2097-403A-939B-A 1 0F58DBEB4C Grant Agreement No. 4600015372

Task 9: Contract Services
This task must comply with the Standard Condition 0.10 - Competitive Bidding and Procurements.

Activities necessary (as applicable) to secure a contractor and award the contract, including: develop bid documents, prepare advertisement and contract documents for construction contract bidding, conduct pre-bid meeting, bid opening and evaluation, selection of the contractor, award of contract, and issuance of notice to proceed.

Deliverables:
• Bid Documents
• Proof of Advertisement
• Award of Contract
• Notice to Proceed
Task 10: Implementation
Requirements to be met by Selected Properties:

Selected properties will be required to meet the following conditions before commencing with any work:
• Undertake an initial water audit provided by entities such as but not limited to Metropolitan Water District or Chino Basin Water Conservation District. • Allow retail water agencies to share water use data for water use survey, post-performance reports, and any other reporting requirements of the grant. • Participant must maintain and care for the new landscaping once the project has been completed.
• The new landscaped area must remain in-place for a minimum of 5 years, or the participant will be invoiced to reimburse the program partners for the state and public funding utilized to pay for their landscaping project.

Each approved project site (property) will receive a landscape evaluation, the removal of living nonfunctional turf/grass in the project areas, a landscape redesign, the installation of weed barriers, climate-appropriate plants, and drip/micro-bubbler irrigation devices. Transformed landscape areas will include applicable ground covers. A certified contractor will work with the site manager to reprogram the existing controller for irrigating the new landscaping. Customer training, follow-up site visits (max 2), and a Post Completion Form will be completed at the conclusion of the project.

Participants will receive a six-month Warranty (plant/irrigation upgrades), a customer site plan and design, and a plant palette template.

Deliverables:
• Summary of plant materials and irrigation system updates utilized in turf conversion and measures incorporated to ensure the maximation of on-site water infiltration, where feasible.
• Summary of public relations promotions deployed.
• Photographic Documentation of Progress
• Copy of post completion forms
25 DocuSign Envelope ID: 788C7911-2097-403A-939B-A 1 0F58DBEB4C

AGREEMENT BUDGET SUMMARY
Minimum Required Cost Share: $0

EXHIBIT B
BUDGET
Grant Agreement No. 4600015372

Cost
PROJECTS Grant Required All Other Total Share
1 Amount Cost
Share
Grant Administration $770,409 $0
Turnkey Turf $7,704,091 $0
Transformation ProQram
GRAND $8,474,500 $0 TOTAL
Grant Administration
Implementing Agency: Inland Empire Utilities Agency
BUDGET CATEGORY Grant Required
Amount Cost Share
(a) Project Administration $770,409 $0
TOTAL COSTS $770,409 $0
PROJECT 1: Turnkey Turf Transformation Program
Implementing Agency: Inland Empire Utilities Agency
BUDGET CATEGORY Grant Amount Required
Cost Share
(a) Project Administration $0 $0
(b) Land Purchase / Easement $0 $0
(c) Planning / Design / Engineering $350,000 $0 / Environmental Documentation (d) Construction / Implementation $7,354,091 $0
TOTAL COSTS $7,704,091 $0
Cost Cost Waiver
$0 $770,409 N/A
Yes
$0 $7,704,091
$0 $8,474,500
All Other Cost Total Cost
$0 $770,409
$0 $770,409
All Other Cost Total Cost
$0 $0
$0 $0
$0 $350,000
$0 $7,354,091
$0 $7,704,091
26 DocuSign Envelope ID: 788C7911-2097-403A-9398-A10F58DBEB4C a
a
b
C
d
Grant Administration

BUDGET CATEGORY
Project Administration

EXHIBIT C

SCHEDULE
PROJECT 1: Turnkey Turf Transformation Program

BUDGET CATEGORY
Project Administration
Land Purchase/ Easement
Planning / Design / Engineering / Environmental
Documentation
Construction I Implementation
Grant Agreement No. 4600015372

Start Date End Date
03/01/2023 06/30/2026
Start Date End Date
03/01/2023 03/01/2026

N/A N/A
03/01/2023 03/01 /2026*
03/01/2023 03/01/2026
*Project covers multiple sites in overlapping stages of development. As a result, Category C and D overlap. 27 DocuSign Envelope ID: 788C7911-2097-403A-9398-A 1 0F58DBEB4C

EXHIBIT D

STANDARD CONDITIONS

0.1 . ACCOUNTING AND DEPOSIT OF FUNDING DISBURSEMENT:

Grant Agreement No. 4600015372

A Separate Accounting of Funding Disbursements: Grantee shall account for the money disbursed pursuant to this Funding Agreement separately from all other Grantee funds.

Grantee shall maintain audit and accounting procedures that are in accordance with generally accepted accounting principles and practices, consistently applied. Grantee shall keep complete and accurate records of all receipts and disbursements on expenditures of such funds. Grantee shall require its contractors or subcontractors to maintain books, records, and other documents pertinent to their work in accordance with generally accepted accounting principles and practices. Records are subject to inspection by State at any and all reasonable times.

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

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

0.2. ACKNOWLEDGEMENT OF CREDIT AND SIGNAGE: Grantee shall include appropriate acknowledgement of credit to the State for its support when promoting the Project or using any data and/or information developed under this Funding Agreement. Signage shall be posted in a prominent location at Project site(s) (if applicable) or at the Grantee's headquarters and shall include the Department of Water Resources color logo and the following disclosure statement: "Funding for this project has been provided in full or in part from the Budget Act of 2021 and through an agreement with the State Department of Water Resources." The Grantee shall also include in each of its contracts for work under this Agreement a provision that incorporates the requirements stated within this Paragraph.

D.3. AMENDMENT: This Funding Agreement may be amended at any time by mutual agreement of the Parties, except insofar as any proposed amendments are in any way contrary to applicable law. Requests by the Grantee for amendments must be in writing stating the amendment request and the reason for the request. Requests solely for a time extension must be submitted at least 90 days prior to the work completion date set forth in Paragraph 2.

Any other request for an amendment must be submitted at least 180 days prior to the work completion date set forth in Paragraph 2. State shall have no obligation to agree to an amendment.

0.4. AMERICANS WITH DISABILITIES ACT: By signing this Funding Agreement, Grantee assures State that it complies with the Americans with Disabilities Act (ADA) of 1990, (42 U.S.C. § 12101 et seq.), which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA D.5. AUDITS: State reserves the right to conduct an audit at any time between the execution of this Funding Agreement and the completion of the Project, with the costs of such audit borne by State. After completion of the Project, State may require Grantee to conduct a final audit to State's specifications, at Grantee's expense, such audit to be conducted by and a report 28 DocuSign Envelope ID: 788C7911-2097-403A-939B-A 1 0F58DBEB4C Grant Agreement No. 4600015372

prepared by an independent Certified Public Accountant. Failure or refusal by Grantee to comply with this provision shall be considered a breach of this Funding Agreement, and State may elect to pursue any remedies provided in Paragraph 11 or take any other action it deems necessary to protect its interests. The Grantee agrees it shall return any audit disallowances to the State.

Pursuant to Government Code section 8546.7, the Grantee shall be subject to the examination and audit by the State for a period of three (3) years after final payment under this Funding Agreement with respect of all matters connected with this Funding Agreement, including but not limited to, the cost of administering this Funding Agreement. All records of Grantee or its contractor or subcontractors shall be preserved for this purpose for at least three (3) years after receipt of the final disbursement under this Agreement.

D.6. BUDGET CONTINGENCY: If the Budget Act of the current year covered under this Funding Agreement does not appropriate sufficient funds for this program, this Funding Agreement shall be of no force and effect. This provision shall be construed as a condition precedent to the obligation of State to make any payments under this Funding Agreement. In this event, State shall have no liability to pay any funds whatsoever to Grantee or to furnish any other considerations under this Funding Agreement and Grantee shall not be obligated to perform any provisions of this Funding Agreement. Nothing in this Funding Agreement shall be construed to provide Grantee with a right of priority for payment over any other Grantee. If funding for any fiscal year after the current year covered by this Funding Agreement is reduced or deleted by the Budget Act, by Executive Order, or by order of the Department of Finance, the State shall have the option to either cancel this Funding Agreement with no liability occurring to State, or offer a Funding Agreement amendment to Grantee to reflect the reduced amount.

D. 7. CEQA: Activities funded under this Funding Agreement, regardless of funding source, must be in compliance with the California Environmental Quality Act (CEQA). (Pub. Resources Code, § 21000 et seq·.) Any work that is subject to CEQA and funded under this Agreement shall not proceed until documents that satisfy the CEQA process are received by the State's Project Manager and the State has completed its CEQA compliance. Work funded under this Agreement that is subject to a CEQA document shall not proceed until and unless approved by the Department of Water Resources. Such approval is fully discretionary and shall constitute a condition precedent to any work for which it is required. If CEQA compliance by the Grantee is not complete at the time the State signs this Agreement, once State has considered the environmental documents, it may decide to require changes, alterations, or other mitigation to the Project; or to not fund the Project. Should the State decide to not fund the Project, this Agreement shall be terminated in accordance with Paragraph 10.

D.8. CHILD SUPPORT COMPLIANCE ACT: The Grantee acknowledges in accordance with Public Contract Code section 7110, that:

A. The Grantee recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Family Code section 5200 et seq.; and B. The Grantee, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department. 29 DocuSign Envelope ID: 788C7911-2097-403A-939B-A 1 0F58DBEB4C Grant Agreement No. 4600015372

0.9. CLAIMS DISPUTE: Any claim that the Grantee may have regarding performance of this Agreement including, but not limited to, claims for additional compensation or extension of time, shall be submitted to the DWR Project Representative, within thirty (30) days of the Grantee's knowledge of the claim . State and Grantee shall then attempt to negotiate a resolution of such claim and process an amendment to this Agreement to implement the terms of any such resolution.
0 .10. COMPETITIVE BIDDING AND PROCUREMENTS: Grantee's contracts with other entities for the acquisition of goods and services and construction of public works with funds provided by State under this Funding Agreement must be in writing and shall comply with all applicable laws and regulations regarding the securing of competitive bids and undertaking competitive negotiations. If the Grantee does not have a written policy to award contracts through a competitive bidding or sole source process, the Department of General Services' State Contracting Manual rules must be followed and are available at:
https:/ /www.dgs.ca. gov /0 LS/Resou rces/Paqe-Content/Office-of-Leg a I-Services-ResourcesList-F older/State-Contracting.

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

0.12. CONFLICT OF INTEREST: All participants are subject to State and Federal conflict of interest laws. Failure to comply with these laws, including business and financial disclosure provisions, will result in the application being rejected and any subsequent contract being declared void. Other legal action may also be taken. Applicable statutes include, but are not limited to, Government Code section 1090 and Public Contract Code sections 1041 0 and 10411, for State conflict of interest requirements.

A. Current State Employees: No State officer or employee shall engage in any employment, activity, or enterprise from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any State agency, unless the employment, activity, or enterprise is required as a condition of regular State employment.

No State officer or employee shall contract on his or her own behalf as an independent contractor with any State agency to provide goods or services.

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

C. Employees of the Grantee: Employees of the Grantee shall comply with all applicable provisions of law pertaining to conflicts of interest, including but not limited to any applicable conflict of interest provisions of the California Political Reform Act. (Gov. Code, § 87100 et seq .)
D. Employees and Consultants to the Grantee: Individuals working on behalf of a Grantee may be required by the Department to file a Statement of Economic Interests (Fair Political 30 DocuSign Envelope ID: 788C7911-2097-403A-939B-A 1 OF58DBEB4C Grant Agreement No. 4600015372

Practices Commission Form 700) if it is determined that an individual is a consultant for Political Reform Act purposes.

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

D.14. DISPOSITION OF EQUIPMENT: Grantee shall provide to State, not less than 30 calendar days prior to submission of the final invoice, an itemized inventory of equipment purchased with funds provided by State. The inventory shall include all items with a current estimated fair market value of more than $5,000.00 per item. Within 60 calendar days of receipt of such inventory State shall provide Grantee with a list of the items on the inventory that State will take title to. All other items shall become the property of Grantee. State shall arrange for delivery from Grantee of items that it takes title to. Cost of transportation, if any, shall be borne by State.

D.15. DRUG-FREE WORKPLACE CERTIFICATION: Certification of Compliance: By signing this Funding Agreement, Grantee, its contractors or subcontractors hereby certify, under penalty of perjury under the laws of State of California, compliance with the requirements of the DrugFree Workplace Act of 1990 (Gov. Code, § 8350 et seq.) and have or will provide a drug-free workplace by taking the following actions:

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

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

C. Provide, as required by Government Code section 8355, that every employee, contractor, and/or subcontractor who works under this Funding Agreement:
i. Will receive a copy of Grantee's drug-free policy statement, and ii. Will agree to abide by terms of Grantee's condition of employment, contract or subcontract.
0 .16. EASEMENTS: Where the Grantee acquires property in fee title or funds improvements to real property using State funds provided through this Funding Agreement, an appropriate easement or other title restriction providing for floodplain preservation and/or wildlife habitat conservation for the subject property in perpetuity, approved by the State, shall be conveyed to a regulatory or trustee agency or conservation group acceptable to the State. The easement or other title restriction must be in first position ahead of any recorded mortgage or lien on the property unless this requirement is waived by the State.

Where the Grantee acquires an easement under this Agreement, the Grantee agrees to monitor and enforce the terms of the easement, unless the easement is subsequently 31 DocuSign Envelope ID: 788C7911-2097-403A-939B-A10F58DBEB4C Grant Agreement No. 4600015372

transferred to another land management or conservation organization or entity with State permission, at which time monitoring and enforcement responsibilities will transfer to the new easement owner.

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

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

D.18. GRANTEE'S RESPONSIBILITIES: Grantee and its representatives shall:

A. Faithfully and expeditiously perform or cause to be performed all project work as described in Exhibit A (Work Plan) and in accordance with Project Exhibit B (Budget) and Exhibit C (Schedule).

B. Accept and agree to comply with all terms, provisions, conditions, and written commitments of this Funding Agreement, including all incorporated documents, and to fulfill all assurances, declarations, representations, and statements made by Grantee in the application, documents, amendments, and communications filed in support of its request for funding. ·
C. Comply with all applicable California, federal, and local laws and regulations.

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

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

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

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

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

D.19. GOVERNING LAW: This Funding Agreement is governed by and shall be interpreted in accordance with the laws of the State of California.

D.20. INDEMNIFICATION: Grantee shall indemnify and hold and save the State, its officers, agents, and employees, free and harmless from any and all liabilities for any claims and damages 32 DocuSign Envelope ID: 788C7911-2097-403A-939B-A 1 0F58DBEB4C Grant Agreement No. 4600015372

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

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

D.22. INSPECTION OF BOOKS. RECORDS. AND REPORTS: During regular office hours, each of the parties hereto and their duly authorized representatives shall have the right to inspect and to make copies of any books, records, or reports of either party pertaining to this Funding Agreement or matters related hereto. Each of the parties hereto shall maintain and shall make available at all times for such inspection accurate records of all its costs, disbursements, and receipts with respect to its activities under this Funding Agreement.

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

D.23. INSPECTIONS OF PROJECT BY STATE: State shall have the right to inspect the work being performed at any and all reasonable times during the term of the Funding Agreement. This right shall extend to any subcontracts, and Grantee shall include provisions ensuring such access in all its contracts or subcontracts entered into pursuant to its Funding Agreement with State.

D.24. LABOR CODE COMPLIANCE: The Grantee agrees to be bound by all the provisions of the Labor Code regarding prevailing wages and shall monitor all contracts subject to reimbursement from this Agreement to assure that the prevailing wage provisions of the Labor Code are being met. Current Department of Industrial Relations (DIR) requirements may be found at: http://www.dir.ca.gov/ lcp.asp. For more information, please refer to DIR's Public Works Manual at: http://www.dir.ca.gov/ dlse/PWManualCombined.pdf. The Grantee affirms that it is aware of the provisions of section 3700 of the Labor Code, which requires every employer to be insured against liability for workers' compensation or to undertake selfinsu rance, and the Grantee affirms that it will comply with such provisions before commencing the performance of the work under this Agreement and will make its contractors and subcontractors aware of this provision.

D.25. MODIFICATION OF OVERALL WORK PLAN: At the request of the Grantee, the State may at its sole discretion approve non-material changes to the portions of Exhibits A, B, and C which concern the budget and schedule without formally amending this Funding Agreement. Nonmaterial changes with respect to the budget are changes that only result in reallocation of the budget and will not result in an increase in the amount of the State Funding Agreement. Nonmaterial changes with respect to the Project schedule are changes that will not extend the term of this Funding Agreement. Requests for non-material changes to the budget and schedule must be submitted by the Grantee to the State in writing and are not effective unless and until specifically approved by the State's Program Manager in writing.

D.26. NONDISCRIMINATION: During the performance of this Funding Agreement, Grantee and its contractors or subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex (gender), sexual orientation, race, color, ancestry, religion, creed, national origin (including language use 33 DocuSign Envelope ID: 788C7911-2097-403A-9398-A 1 0F58DBEB4C Grant Agreement No. 4600015372

restriction), pregnancy, physical disability (including HIV and AIDS), mental disability, medical condition (cancer/genetic characteristics), age (over 40), marital/domestic partner status, gender identity, and denial of medial and family care leave or pregnancy disability leave.

Grantee and its contractors or subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Grantee and its contractors or subcontractors shall comply with the provisions of the California Fair Employment and Housing Act (Gov. Code,§ 12990.) and the applicable regulations promulgated there under (Cal. Code Regs., tit. 2, § 11000 et seq.). The applicable regulations of the Fair Employment and Housing Commission are incorporated into this Agreement by reference. Grantee and its contractors or subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.

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

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

0.28. PERFORMANCE BOND: Where contractors are used, the Grantee shall not authorize construction to begin until each contractor has furnished a performance bond in favor of the Grantee in the following amounts: faithful performance (100%) of contract value, and labor and materials (100%) of contract value. This requirement shall not apply to any contract for less than $25,000.00. Any bond issued pursuant to this paragraph must be issued by a California-admitted surety. (Civ. Code, § 9550, et seq.; Pub. Contract Code, § 7103; Code Civ. Proc., § 995.311.)
D.29. PRIORITY HIRING CONSIDERATIONS: If this Funding Agreement includes services in excess of $200,000, the Grantee shall give priority consideration in filling vacancies in positions funded by the Funding Agreement to qualified recipients of aid under Welfare and Institutions Code section 11200 in accordance with Public Contract Code section 10353.

D.30. PROHIBITION AGAINST DISPOSAL OF PROJECT WITHOUT STATE PERMISSION: The Grantee shall not sell, abandon, lease, transfer, exchange, mortgage, hypothecate, or encumber in any manner whatsoever all or any portion of any real or other property necessarily connected or used in conjunction with the Project, or with Grantee's service of water, without prior permission of State. Grantee shall not take any action, including but not limited to actions relating to user fees, charges, and assessments that could adversely affect the ability of Grantee meet its obligations under this Funding Agreement, without prior written permission of State. State may require that the proceeds from the disposition of any real or personal property be remitted to State.

D.31. PROJECT ACCESS: The Grantee shall ensure that the State, the Governor of the State, or any authorized representative of the foregoing, will have safe and suitable access to the Project site at all reasonable times during Project construction and thereafter for the term of this Agreement.

D.32. REMAINING BALANCE: In the event the Grantee does not submit invoices requesting all of the funds encumbered under this Grant Agreement, any remaining funds revert to the State.

The State will notify the Grantee stating that the Project file is closed and any remaining balance will be disencumbered and unavailable for further use under this Grant Agreement. 34 DocuSign Envelope ID: 788C7911-2097-403A-939B-A 1 0F58DBEB4C Grant Agreement No. 4600015372

D.33. REMEDIES NOT EXCLUSIVE: The use by either party of any remedy specified herein for the enforcement of this Funding Agreement is not exclusive and shall not deprive the party using such remedy of, or limit the application of, any other remedy provided by law.

D.34. RETENTION: The State shall withhold ten percent (10%) of the funds requested by the Grantee for reimbursement of Eligible Project Costs until the Project is completed and Final Report is approved. Any retained amounts due to the Grantee will be promptly disbursed to the Grantee, without interest, upon completion of the Project.

D.35. RIGHTS IN DATA: Grantee agrees that all data, plans, drawings, specifications, reports, computer programs, operating manuals, notes and other written or graphic work produced in the performance of this Funding Agreement shall be made available to the State and shall be in the public domain to the extent to which release of such materials is required under the California Public Records Act. (Gov. Code, § 6250 et seq.) Grantee may disclose, disseminate and use in whole or in part, any final form data and information received, collected and developed under this Funding Agreement, subject to appropriate acknowledgement of credit to State for financial support. Grantee shall not utilize the materials for any profit-making venture or sell or grant rights to a third party who intends to do so. The State shall have the right to use any data described in this paragraph for any public purpose.

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

D.37. SUSPENSION OF PAYMENTS: This Funding Agreement may be subject to suspension of payments or termination, or both if the State determines that:

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

D.38. SUCCESSORS AND ASSIGNS: This Funding Agreement and all of its provisions shall apply to and bind the successors and assigns of the parties. No assignment or transfer of this Funding Agreement or any part thereof, rights hereunder, or interest herein by the Grantee shall be valid unless and until it is approved by State and made subject to such reasonable terms and conditions as State may impose.

D.39. TERMINATION BY GRANTEE: Subject to State approval which may be reasonably withheld, Grantee may terminate this Agreement and be relieved of contractual obligations. In doing so, Grantee must provide a reason(s) for termination. Grantee must submit all progress reports summarizing accomplishments up until termination date.

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

D.41 . TERMINATION WITHOUT CAUSE: The State may terminate this Agreement without cause on 30 days' advance written notice. The Grantee shall be reimbursed for all reasonable expenses incurred up to the date of termination.

D.42. TRAVEL: Travel includes the reasonable and necessary costs of transportation, subsistence, and other associated costs incurred by personnel during the term of this Funding Agreement. 35 DocuSign Envelope ID: 788C7911-2097-403A-939B-A 1 0F58DBEB4C Grant Agreement No. 4600015372

Any reimbursement for necessary travel and per diem shall be at rates not to exceed those set by the California Department of Human Resources for excluded employees. These rates may be found at: https://www.calhr.ca.gov/employees/pages/travel-reimbursements.aspx.

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

D.43. THIRD PARTY BENEFICIARIES: The parties to this Agreement do not intend to create rights in, or grant remedies to, any third party as a beneficiary of this Agreement, or any duty, covenant, obligation or understanding established herein.

D.44. TIMELINESS: Time is of the essence in this Funding Agreement.

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

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

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

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

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

D.46. VENUE: The State and the Grantee hereby agree that any action arising out of this Agreement shall be filed and maintained in the Superior Court in and for the County of Sacramento, California, or in the United States District Court in and for the Eastern District of California. The Grantee hereby waives any existing sovereign immunity for the purposes of this Agreement.

D.47. WAIVER OF RIGHTS: None of the provisions of this Funding Agreement shall be deemed waived unless expressly waived in writing. It is the intention of the parties here to that from time to time either party may waive any of its rights under this Funding Agreement unless contrary to law. Any waiver by either party of rights arising in connection with the Funding Agreement shall not be deemed to be a waiver with respect to any other rights or matters, and such provisions shall continue in full force and effect. 36 DocuSign Envelope ID: 788C7911-2097-403A-939B-A 1 0F58DBEB4C

EXHIBIT E

AUTHORIZING RESOLUTION
RESOLUTION NO. 2022-11-4
Grant Agreement No. 4600015372

A RESOLUTION OF THE BOARD OF DIRECTORS OF
THE lNLAND EMPIRE UTILITIES AGENCY, SAN

BERNARDINO COUNTY, AUTHORIZING THE GRANT

APPLICATION, ACCEPTANCE, AND EXECUTION FOR

TIIE TIJRNKEY TURF TRANSFORMATION PROGRAM
WHEREAS, the Inland Empire Utilities Agency• (Agency) proposes to implement the Turnkey TurfTransformation Program;
WHEREAS, the Agency has the legal authority 8nd is authorized to enter into a funding agreement with the State of California; and
WHEREAS, the Agency intends to apply for grant funding from the California Department ofWatet· Resources for the Turnkey Turf Transformation Program; and NOW THEREFORE BE IT RESOLVED by the Board of Directors of the Inland Empire Utilities Agency a.~ follows:

1. That pursuant and subject to all of the terms and provisions of Budget Act of202 I (Stats. 2021. Ch. 240, § 80) as amended (Stats. 2022, ch. 400, § 25), the Inland Empire Utilities Agency Board of Directors, or desig.nee is hereby authorized and directed to prepare and file an application for funding with the Department of Water Resources, and take such other actions necessary or appropriate to obtain grant funding.

2. The Inland Empire Utilities Agency Board of Directors, or designee is hereby authorized and directed to execute the funding agreement with the Department of Water Resources and any amendments thereto.

3. The Inland Empire Utilities Agency Board of Directors, or designee is hereby authorized and directed to submit any required documents, invoices. and reports required to obtain grant funding.

ADOPTED this I~ day ofNovi;mbcr, 2022.
•a Municipal Wat« Dimia
Steven J. Elie /,
President of the Inland Empire Utilities
Agency-4' and of the Board of Directors thereof
37 DocuSign Envelope ID: 788C7911-2097-403A-939B-A 1 0F58DBEB4C Resolution No. 2022-11-4
Page2
ATrEST:

Marco Tule
Secretary/ Treasurer of the Inland Empire
Utilities Agency• and of the Board of
Directors therc-0f
Grant Agreement No. 4600015372

38 DocuSign Envelope ID: 788C7911-2097-403A-939B-A10F58DBEB4C Resolution No. 2022-11-4

ST A TE OF CALIFORNIA )
)SS
COUNTY OF SAN BER.t'IIARDINO )
Grant Agreement No. 4600015372

I, Marco Tole, SeaetaryfTreasurer of the Inland Empire Utilities Agency•, DO HEREBY CERTIFY that lhe foregoing Resolution No. 2022-11-4, was adopted at a regular Board meeting on November I 6, 2022 of said Agency• by the following vote:

A YES: Camacho, Elie, Hall, Hofer, Tule
NOES: No~
ABSTAIN: None
ABSENT: None
(SEAL)
• A Municipal Waler' District
7 ~-
Marco Tule, Sccrmry/Trcasurer of the
Inland Empire Utilities Agency• and oflhc
Board of Directors thereof
39 DocuSign Envelope ID: 788C7911-2097-403A-939B-A 1 0F58DBEB4C

EXHIBIT F
Grant Agreement No. 4600015372

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

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

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

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

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

Reports and/or Products
The following items should be provided, unless already submitted as a deliverable:
• A copy of any final technical report or study, produced for or utilized in this Project as described in the Exhibit A
• Electronic copies of any data collected, not previously submitted • Discussion of problems that occurred during the work and how those problems were resolved • Final project schedule showing actual progress versus planned progress as shown in Exhibit C
40 DocuSign Envelope ID: 788C7911-2097-403A-939B-A1 0F58DBEB4C Grant Agreement No. 4600015372

Additional information that may be applicable for implementation projects includes the following:
• Record drawings
• Final geodetic survey information
• Project photos
Cost & Disposition of Funds
A list showing:
• Summary of Project costs including the following items:
o Accounting of the cost of project expenditure;
o Include all internal and external costs not previously disclosed (i.e., additional cost share); and
o A discussion of factors that positively or negatively affected the project cost and any deviation from the original Project cost estimate.

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

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

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

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

Reports and/or products
• Header including the following:
o Grantee Name
41 DocuSign Envelope ID: 788C7911-2097-403A-9398-A10F58DBEB4C o Implementing Agency (if different from Grantee)
o Grant Agreement Number
o Project Name
o Funding grant source
o Report number
• Post-Performance Report schedule
Grant Agreement No. 4600015372

• Time period of the annual report (e.g., January 2018 through December 2018) • Project Description Summary
• Discussion of the project benefits
• An assessment of any differences between the expected versus actual project benefits as stated in the original application. Where applicable, the reporting should include quantitative metrics (e.g., new acre-feet of water produced that year, etc.). • Summary of any additional costs and/or benefits deriving from the project since its completion, if applicable.
• Any additional information relevant to or generated by the continued operation of the project. 42 DocuSign Envelope ID: 788C7911-2097-403A-939B-A10F58DBEB4C

EXHIBITG
Grant Agreement No. 4600015372

REQUIREMENTS FOR DATA SUBMITTAL
Surface and Groundwater Quality Data:

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

Surface water quality monitoring data shall be prepared for submission to the California Environmental Data Exchange Network (CEDEN). The CEDEN data templates are available on the CEDEN website. Inclusion of additional data elements described on the data templates is desirable. Data ready for submission should be uploaded to your CEDEN Regional Data Center via the CEDEN website. CEDEN website: http://www.ceden.org.

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

Groundwater Level Data
For each project that collects groundwater level data, the Grantee will need to submit this data to DWR's Water Data Library (WDL), with a narrative description of data submittal activities included in project reports, as described in Exhibit F, "Report Formats and Requirements." Information regarding the WDL and in what format to submit data in can be found at:
http://www.water.ca.gov/waterdatalibrary/.
43 DocuSign Envelope ID: 788C7911-2097-403A-939B-A 1 0F58DBEB4C

EXHIBIT H
Grant Agreement No. 4600015372

STATE AUDIT DOCUMENT REQUIREMENTS FOR THE GRANTEE
The following provides a list of documents typically required by State Auditors and general guidelines for the Grantee. List of documents pertains to both State funding and the Grantee's Local Cost Share and details the documents/records that State Auditors would need to review in the event of this Grant Agreement is audited. The Grantee should ensure that such records are maintained for each funded project.

State Audit Document Requirements
Internal Controls

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

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

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

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

State Funding:

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

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

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

Contracts:

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

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

Invoices:

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

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

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

Cash Documents:

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

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

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

4. Bank statements showing the deposit of the receipts.

Accounting Records:

1. Ledgers showing entries for funding receipts and cash disbursements. 44 DocuSign Envelope ID: 788C7911-2097-403A-9398-A10F58DBEB4C Grant Agreement No. 4600015372

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

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

Administration Costs:

1. Supporting documents showing the calculation of administration costs.

Personnel:

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

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

1. All supporting documentation maintained in the project files.

2. All Grant Agreement related correspondence.
45 DocuSign Envelope ID: 788C7911-2097-403A-939B-A10F58DBEB4C

EXHIBIT I
Grant Agreement No. 4600015372

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

Local Project Sponsor Agency Designation
Sponsored Project: Project 1.: Turnkey Turf Transformation Project Sponsor Agency: Inland Empire Utilities Agency (IEUA)
Agency Address: 6075 Kimball Ave.

Project Location: Chino, CA 91708 (38.1234456, -121 .123456) 46 DocuSign Envelope ID: 788C7911-2097-403A-9398-A10F58DBEB4C

EXHIBIT J

APPRAISAL SPECIFICATIONS
Grant Agreement No. 4600015372

For property acquisitions funded by this Grant Agreement, the Grantee shall submit an appraisal for review and approval by the Department of General Services or DWR's Real Estate Branch prior to reimbursement or depositing State funds into an escrow account. This information should be submitted at least 90 days prior to a reimbursement request to account for review time. All appraisal reports, regardless of report format, shall include all applicable Appraisal Specifications below.

Appraisals for a total compensation of $150,000 or more shall be reported as a Self-Contained Appraisal Report. Appraisals for a total compensation of less than $150,000 may be reported as a Summary Appraisal Report, which includes all information necessary to arrive at the appraiser's conclusion. Appraisal Specifications 14, 16, 21, 23-25, and 28 shall be a narrative analysis regardless of the reporting format. ·

1. Title page with sufficient identification of appraisal assignment.

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

3. Table of contents.

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

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

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

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

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

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

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

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

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

13. Regional, area, and neighborhood analyses. This information may be presented in a summary format.
47 DocuSign Envelope ID: 788C7911-2097-403A-939B-A 1 0F58DBE84C Grant Agreement No. 4600015372

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

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

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

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

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

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

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

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

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

22. All approaches to market value applicable to the property type and in the subject market.

Explain and support the exclusion of any usual approaches to value.

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

24. Photographs and plat maps of comparable properties. 48 DocuSign Envelope ID: 788C7911-2097-403A-939B-A 1 0F58DBEB4C Grant Agreement No. 4600015372

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

26. Comparable data sheets.
a. For sales, include information on granter/Grantee, sale/recordation dates, listed or asking price as of the date of sale, highest and best use, financing, conditions of sale, buyer motivation, sufficient location information (street address, post mile, and/or distance from local landmarks such as bridges, road intersections, structures, etc.), land/site characteristics, improvements, source of any allocation of sale price between land and improvements, and confirming source.
b. For listings, also include marketing time from list date to effective date of the appraisal, original list price, changes in list price, broker feedback, if available. c. For leases, include significant information such as lessor/lessee, lease date and term, type of lease, rent and escalation, expenses, size of space leased, tenant improvement allowance, concessions, use restrictions, options, and confirming source. When comparing improved sales to a vacant land subject, the contributory value of the improvements shall be segregated from the land value.

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

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

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

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

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

33. Discussion of any departures taken in the development of the appraisal. 49 DocuSign Envelope ID: 788C7911-2097-403A-939B-A10F58DBEB4C Grant Agreement No. 4600015372

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

35. If applicable, in addition to the above, appraisals of telecommunication sites shall also provide:
a. A discussion of market conditions and trends including identification of the relevant market, a discussion of supply and demand within the relevant market area and a discussion of the relevant market factors impacting demand for site acquisition and leasing withih the relevant market area.
b. An analysis of other leases comparable to subject property. Factors to be discussed in the analysis include the latitude, longitude, type of tower, tower height, number of rack spaces, number of racks occupied, placement of racks, power source and adequacy, back-up power, vault and site improvements description and location on site, other utilities; access, and road maintenance costs.
50 DocuSign Envelope ID: 788C7911-2097-403A-939B-A 1 0F58DBEB4C

EXHIBIT K
Grant Agreement No. 4600015372

INFORMATION NEEDED FOR ESCROW PROCESSING AND CLOSURE
The Grantee shall provide the following documents to the State Project Representative during the escrow process. Property acquisition escrow documents shall be submitted within the term of this Grant Agreement and after a qualified appraisal has been approved. • Name and Address of Title Company Handling the Escrow • Escrow Number
• Name of Escrow Officer
• Escrow Officer's Phone Number
• Dollar Amount Needed to Close Escrow
• Legal Description of Property Being Acquired
• Assessor's Parcel Number(s) of Property Being Acquired • Copy of Title Insurance Report
• Entity Taking Title as Named Insured on Title Insurance Policy • Copy of Escrow Instructions in Draft Form Prior to Recording for Review Purposes • Copy of Final Escrow Instructions
• Verification that all Encumbrances (i.e., Liens, Back Taxes, and Similar Obligations) have been Cleared Prior to Recording the Deed to Transfer Title
• Copy of Deed for Review Purposes Prior to Recording
• Copy of Deed as Recorded in County Recorder's Office
• Copy of Escrow Closure Notice
51 DocuSign Envelope ID: 788C7911-2097-403A-939B-A1 0F58DBEB4C

EXHIBIT L
Grant Agreement No. 4600015372

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

Project Monitoring Plan Requirements
The Project Monitoring Plan shall contain responses to the following questions:
• What are the anticipated project physical benefits?
• What are the corresponding numeric targets for each project benefit? • How will proposed numeric targets be measured?
• What are baseline conditions?
• When will the targets be met (e.g., upon project completion, five years after completion)? • How often will monitoring be undertaken (e.g., monthly, yearly). • Where are monitoring point locations (e.g., meter located at. .. , at stream mile ... )? Include relevant maps.
• How will the project be maintained (e.g., irrigation, pest management, weed abatement)? • What will be the frequency and duration of maintenance proposed activities? • Are there any special environmental considerations (e.g., resource agency requirements, permit requirements, CEQA/NEPA mitigation measures)?
• Who is responsible for collecting the samples (i.e., who is conducting monitoring and/or maintenance)?
• How, and to whom, will monitoring results be reported (e.g., paper reports, online databases, public meetings)?
• What adaptive management strategies will be employed if problems are encountered during routine monitoring or maintenance?
• What is the anticipated life of the project?
52 DocuSign Envelope ID: 788C7911-2097-403A-939B-A 1 0F58DBEB4C

EXHIBIT M
Grant Agreement No. 4600015372

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

Administration Charges
Indirect and General Overhead (i.e., indirect overhead) charges are not an allowable expense for reimbursement. However, administrative expenses that are apportioned directly to the project are eligible for reimbursement. Cost such as rent, office supplies, fringe benefits, etc. can be "Direct Costs" and are eligible expenses as long as:
• There is a consistent, articulated method for how the costs are allocated that is submitted and approved by the Grant Manager. The allocation method must be fully documented for auditors.
• A "fully-burdened labor rate" can be used to capture allowable administrative costs. • The administrative/overhead costs can never include:
o Non-project specific personnel and accounting services performed within the Grantee or an LPS' organization
o Generic markup
o Tuition
o Conference fees
o Building and equipment depreciation or use allowances • Using a general overhead percentage is never allowed
Labor Rates
The Grantee must provide DWR with supporting documentation for personnel hours (see personnel billing rates letter in example invoice packet). The personnel rate letter should be submitted to the DWR Grant Manager prior to submittal of the first invoice. The supporting documentation must include, at a minimum, employee classifications that will reimbursed by grant funds and the corresponding hourly rate range. These rates should be "burdened"; the burdened rate must be consistent with the Grantee's/Local Project Sponsors standardized allocation methodology. The supporting documentation should also provide an explanation of what costs make up the burdened rate and how those costs were determined. This information will be used to compare against personnel hours summary table invoice back up documentation. Periodic updates may be needed during the life of the grant which would be handled through a revised billing rate letter. 53 DocuSign Envelope ID: 193C0C22-A13A-4A43-82A1-7D6FDB9A8EBE ATTACHMENT D Turnkey Turf Transformation Program - Project Partner Agreement Agreement between the Inland Empire Utilities Agency, the Calleguas Municipal Water District, the Las Virgenes Municipal Water District, and the Upper San Gabriel Valley Municipal Water District
for the implementation of the Turnkey Turf Transformation Program Funded by the State of California Department of Water Resources 2022 Urban Community Drought Relief Grant This Agreement is made and entered into as of June 5, 2024, by and between the Inland Empire Utilities Agency ("IEUA"), Calleguas Municipal Water District ("CMWD"), Las Virgenes Municipal Water District ("L VMWD"), and Upper San Gabriel Valley Municipal Water District ("Upper District"), all of which are public water agencies.

For this Agreement, IEUA will be identified as "IEUA" or the "Lead Agency" and CMWD, LVMWD, and Upper District will collectively be known as the "Project Partners" or individually as "Project Partner". References to IEUA and the Project Partners will be identified collectively as the "Parties" or individually as the "Party." The California Department of Water Resources will be referred to as the "State" or "DWR." The overall grant project, formally known as the Turnkey Turf Transformation Program, will be referred to as the "Grant" or "TTTP."
This Agreement incorporates and includes the Grant Agreement between DWR and IEUA as part of its terms and conditions, which are incorporated herein by reference and included as Exhibit 1. The Parties shall comply with all terms, provisions, conditions, and commitments of the Grant Agreement, to the extent applicable, and this Agreement.

Grant Funding Split Among the Parties
IEUA, on behalf of the Project Partners, applied for the 2022 California Department of Water Resources (DWR) Urban Community Drought Relief Grant Program, which was financed by the State's Budget Act of2021 (Stats. 2022, ch. 44, § 25). DWR awarded IEUA a total of $8,474,500 to implement the TTTP, a water conservation program.

The $8,474,500 grant includes two budget categories:

I. $770,409 has been identified for the exclusive use of IEUA as the lead agency to administer the grant for the TTTP.

2. $7,704,091 has been identified and approved for the construction, implementation, public relations campaign, and study analysis of the TTTP. This portion of grant funding will be allocated into three funding categories:
a. $100,000 has been identified to fund a public relations campaign, including but not limited to effective and tailored outreach collaterals and media events. IEUA will manage this effort and may use the funds to procure the services of a consultant to implement the campaign.

Page I
54 DocuSign Envelope ID: 193C0C22-A13A-4A43-82A1-7D6FDB9A8EBE b. $250,000 has been identified to fund a thorough analysis of the TTTP, including but not limited to water savings per site, outreach effectiveness, and additional benefits achieved.

IEUA will manage this effort and may use the funds to procure the services of a consultant to implement the study.
c. $7,354,091 has been identified for the construction and implementation of the TTTP, including but not limited to turf removal, landscape design, irrigation upgrades, plant installations, and quality control checks. IEUA will manage this effort and may use the funds to procure the services of a contractor to implement the construction and implementation services.

The Parties agree to distribute the Category 2.C. funds ($7,354,091) according to the guidelines shown in Table 1, which are based on each agency's proportional share of assessed property values in 2022. Slight variations in funding splits may be needed to accomplish program requirements, but every effort will be made to share the grant proceeds as detailed below. The Project Partners agree that IEUA has the final authority to select the final list of participating sites that will ultimately determine the exact funding split.

Table 1 - Guideline for Proportional Share of Category 2.C. Funds . . Estimated Grant Project Partner Assessed Property Values Percentage Spht F 1 .

CMWD $123,683,835,701
IEUA $146,634,414,955
LVMWD $ 29,271,920,993
Upper District $126,877,023,875
Total
General Understandings and Agreements:
29%
34%
7%
30%
unc mo
$2,132,830
$2,528,595
$ 504,771
$2,187,894
$7,354,091

1. The Parties shall make a good faith effort to cooperate with one another to fulfill the requirements of the Grant through, but not limited to, attending planning meetings, sharing information and identifying any issues/setbacks, and providing deliverables on time. All parties shall provide reasonable notice of any meetings, information requests, or required deliverables.

2. The Parties shall adhere to the protocols developed pursuant to The Open and Transparent Water Data Act (Wat. Code, § 12400-12420) for data sharing, transparency, documentation, and quality control. See Exhibit 2 for DWR's Guidance for Grantees for Addressing the Requirements of AB 1755 (Open and Transparent Water Data Act).

3. The Parties agree that all work related to the TTTP must be completed by June 30, 2026. Any work not completed by this date will not be funded by the Grant. As Lead Agency, IEUA has the authority to redistribute grant funds among the other Parties if necessary to meet the timeline and/or other requirements of the TTTP.

55 DocuSign Envelope ID: 193C0C22-A 13A-4A43-82A 1-7D6FDB9A8EBE

4. The Parties understand that the distribution of grant funds between Parties is not guaranteed and can change at any time at IEUA's discretion to ensure the fulfillment of Grant requirements.

5. The Parties understand that more than 50% of the total project conservation benefits must benefit Underrepresented Communities for the Parties to be eligible for a $0 cost share under the terms of DWR's agreement with IEUA. As such, sites located in Underrepresented Communities will be prioritized for service under the TTTP.
a. Underrepresented Communities are defined in one of three ways: 1) the top 25% most impacted census tracts as identified by the California Office of Environmental Health Hazard Assessment's CalEnviroScreen tool; 2) the Department of Water Resources Disadvantaged Community (DAC) Mapping tool; and/or 3) by census data indicating income levels are at or below 80% of median household income. b. An initial list of sites selected by the Parties to participate in the TTTP Program can be found in Exhibit 3. This list identifies a majority of conservation benefits occurring within Underrepresented Communities at an assumed cost per square foot of$7. It is understood that the final list of sites selected for TTTP participation will be based on assuring a majority of conservation benefits occur in Underrepresented Communities, subject to the final pricing for landscaping services established through the competitive bidding process.
c. The Parties understand that the service area of L VMWD does not include any Underrepresented Communities. As such, IEUA, CMWD, and Upper District agree to focus on submitting eligible sites, with an emphasis on those located in Underrepresented Communities, to compensate for the lack of Underrepresented Communities in L VMWD's service area.
d. The Parties agree to initially service properties in Underrepresented Communities until DWR agrees in writing that the TTTP has met its obligation in providing more than 50% of the conservation benefits to Underrepresented Communities and that no cost match will be required for TTTP activities through the remainder of the Program. e. Should the Parties fail to comply with the Underrepresented Communities requirement and a cost match is triggered by DWR, the Project Partners agree to split this cost of matching funds proportionally, according to percentages established in Table 1. The Parties are encouraged to track indirect costs spent on the TTTP in case a local match is required, including but not limited to staff time.

IEUA Responsibilities
As Lead Agency, IEUA has the following roles and responsibilities.

1. Assure compliance with all aspects of DWR's contract and function as the Lead Agency with all communications with DWR, including the notification of DWR in writing of any public or media event publicizing the accomplishments and/or results of the grant agreement at least 14

56 DocuSign Envelope ID: 193C0C22-A 13A-4A43-82A 1-7D6FDB9ABEBE calendar days prior to the event. Prior to beginning any work on a site, lEUA will confirm with DWR the status of properties believed to be located in Underrepresented Communities.

2. Comply with DWR's Competitive Bidding and Procurements. Develop bid documents, prepare advertisement and contract documents for construction contract bidding, conduct prebid meetings, open and evaluate bids, select the contractor, award the contract, and issue the notice to proceed.

3. Comply with California Environmental Quality Act (CEQA) requirements.

4. Provide the following services:
a. Program Administration: Provide overall program administration, customer service, and coordination between all parties. Manage DWR Grant reporting, contract compliance, and invoicing. A consultant may be brought on board to assist with this task. b. Landscape Services: Onboard a contractor that will execute all aspects of the construction and implementation as outlined in the TTTP, such as an initial water audit, landscape design, turf removal, new landscape installation, irrigation upgrades, and customer training. Assure the provision of a six-month warranty for the plants and irrigation system improvements installed by the contractor.
c. Public Relations Campaign: Onboard a consultant to produce a tailored public relations campaign and collateral to promote turf removal and replacement by showcasing the many benefits of California-friendly landscapes. Include appropriate acknowledgment of credit to the State for its support when promoting the TTTP or using any data and/or information developed by the TTTP.
d. Study Analysis: Onboard a consultant to conduct a study analysis to understand the benefits achieved by the TTTP, including but not limited to water savings. e. On-site Survey Services: Onboard a contractor to perform on-site quality control visits as projects reach milestones, after project completion, or as needed.

5. Maintain open communication among the Parties and share regular updates with Project Partners on TTTP progress. Establish a communications hub in which the Parties can find all related project forms, status updates, and reports to DWR, including a report showing the Program's status with meeting the Underrepresented Community goal to avoid a cost-match requirement.

6. Utilize water usage and other customer information for grant reporting, water efficiency studies, and other TTTP related needs.

7. Provide the opportunity to use competitively priced compost made from biosolids produced by IEUA, LVMWD, or other sources. Compost may be provided with the goal of enhanced soil quality and plant health, increased water savings, and alignment with respective cities' ordinances and best practices.

57 DocuSign Envelope ID: 193C0C22-A13A-4A43-82A1-7D6FDB9A8EBE Project Partners' Responsibilities
l. Work with IEUA to ensure compliance with the terms ofDWR's agreement with IEUA and promote a successful project.

2. Collaborate with the retail agencies in each Project Partner's respective service area to select and submit properties to IEUA for initial screening for program participation eligibility. IEUA has the final authority to select properties for participation in the program based upon the criteria above as well as those listed in Exhibit 4.

3. The Project Partner will estimate the square footage of select~d sites through discussions with the customer, utilize GIS, Google Satellite, or other means, and then provide IEUA with their methodology and backup documentation as needed.

4. Outreach to eligible customers explaining program requirements and confirming their commitment to participate with a signed Interest form produced by IEUA outlining the TTTP's terms and conditions.

5. Consider utilization of compost from IEUA, L VMWD, or other sources for increased plant and soil health, higher water savings, and alignment with respective cities' ordinances and best practices.

6. Administer any outreach or Public Relations campaign created for the TTTP or from grant funds within their service areas, as directed by IEUA.

7. Coordinate with retail agencies within their service areas, if applicable, and act as a liaison with sites within their service area to coordinate public relations activities, water usage data requests, and/or address other issues as needed.

8. Provide IEUA and/or DWR with pre- and post-turf removal water usage; Up to IO years prior to installation and up to 30 years after or as needed to satisfy the grant requirements and water savings study.

9. IEUA will work with the Project Partners to design standard landscape "styles" that will be offered to participating sites. The Project Partners agree that landscape materials, irrigation system, land cover, and the overall site designs provided by the TTTP will be consistent with any permitting requirements for commercial, industrial, institutional, or public agency-owned properties in order to assure compliance with future regulatory requirements for water use efficiency in California, including the incorporation of storm water retention features when needed and protecting the health of existing trees. Each approved project site will receive the removal of existing non-functional turf/grass in the project areas, a landscape redesign, the installation of weed barriers, climate-appropriate plants, and drip/micro-bubbler irrigation devices. Transformed landscape areas will include appropriate ground covers.

10. Project Partners further agree that the standard landscape styles offered by the TTTP will not include more deluxe options such as public art, fountains, rock features, water features such as

58 DocuSign Envelope ID: 193C0C22-A13A-4A43-82A1-7D6FDB9ABEBE ponds, etc. However, these options can be made available by separate agreement with the landscape contractor if non-grant funds are made available.

11. Project Partners agree to maintain compliance with the Urban Water Management Plannjng Act (UWMP; Wat. Code,§ 10610 et seq.) and Sustainable Water Use and Demand Reduction (Wat.

Code, § 10608 et seq.)

12. Project Partners agree that the TTTP is designed to be a permanent change to the participating site's landscape. The landscaped area must remain in place for a minimum of 5 years. If the landscape work completed under the TTTP has been removed, the site owner will be invoiced to reimburse public funding utilized to pay for their landscaping project. Project Partners agree to assist with site visits within their respective service areas if requested by DWR. IEUA will coordinate with Project Partners on any request for site visits by DWR and will provide Project Partners with reasonable notice thereof. Should any program participant be requested to reimburse TTTP funds, Project Partners agree to collaborate with IEUA as needed.

13. During the term of this Agreement, the Project Partners agree to report any customer complaints or issues they are made aware of as quickly as possible and document issues they are made aware of in case of liability disputes.

14. During this agreement's term, Project Partners will be the main liaison for communications between their retail agencies and IEUA, which may include correspondence, emergencies, programmatic requests, conflicts, and questions. In turn, the Partner Agencies will communicate with IEUA as needed.

15. Immediately notify IEUA of any initiation of any litigation or threat of litigation against the Parties regarding the TITP or any other action that may affect the TITP in any way.

Non-disclosure and Indemnity
Section 1 - Effective Date
This Agreement shall be effective from the date of execution of this Agreement by both Parties and shall terminate upon completion of the TTTP and its associated grant requirements.

Section 2 - Mutual Indemnification
Each Party agrees to protect, defend, indemnify, and hold harmless the other Parties and their officers, directors, agents, employees, volunteers, attorneys, consultants, and subcontractors from any and all liability, claims, judgments, costs and demands, including demands arising from injuries or death of persons and damage to property, occurring as a result of its own or its respective officers', directors', agents', employees', volunteers', attorneys', consultants', or subcontractors' wrongful or negligent acts or omissions in performing or failing to perform this Agreement. Each Party shall be responsible only to the extent of its negligence. To the extent that a claim, demand, or suit is not subject to this mutual indemnification provision, each party further agrees to investigate, handle, respond to, and provide defense for any such claim, demand, or suit required hereunder at its sole expense. The respective obligations of the Parties under this Section shall survive the expiration or termination of this Agreement.

59 DocuSign Envelope ID: 193C0C22-A13A-4A43-82A1-7D6FDB9A8EBE Section 3 - Observing Laws and Ordinances
The Parties shall at all times observe and comply with all applicable laws, ordinances, regulations, requirements, orders, and decrees affecting their respective performance under this Agreement, and a Party's failure to comply with applicable laws, ordinances, regulations, requirements, orders or decrees may constitute a breach of this Agreement and entitle a non-breaching Party and/or the non-breaching Parties to remedies as provided in this Agreement.

Section 4 - Dispute Resolution
The Parties shall seek to resolve any dispute concerning the interpretation or implementation of this Agreement, including but not limited to an alleged breach of this Agreement, through good faith negotiation, involving, as and when appropriate, the general manager or chief executive officer of each of the Parties. A Party alleging a breach of this Agreement or other dispute arising under this Agreement shall send written notice with a reasonably detailed description of the alleged breach or other dispute to the other Party and/or Parties. The Party and/or Parties receiving the notice of the alleged breach or other dispute shall have thirty (30) calendar days to cure any such alleged breach or dispute to the satisfaction of the Party alleging the breach or other dispute. Any alleged breach or other dispute that remains unresolved sixty ( 60) days after the initial written notice of alleged breach or other dispute is delivered; or such other date as agreed to in writing, shall be subject to mediation as a condition precedent to arbitration. Mediation shall be conducted by a Judicial Arbitration and Mediation Services (JAMS) mediator in accordance with JAMS mediation rules. The Party alleging breach or other dispute under this Agreement shall tender a request for mediation to the breaching or defaulting Party and/or Parties. The Parties sending and receiving notice of the alleged breach or other default shall meet and confer on the selection of a mediator and share the mediator's fee and any filing fees equally. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. In the event that the any breach or other dispute arising out of this Agreement cannot be resolved by mediation, it shall be submitted to a single arbitrator with substantial experience in the matter or matters in dispute and conducted by a JAMS arbitrator. The JAMS arbitrator shall apply the JAMS rules of arbitration, which shall govern any arbitration. If the Parties cannot agree on a single arbitrator within ten (10) days of the written election to submit the matter to arbitration, any Party may request JAMS to appoint a single, neutral arbitrator. The Parties shall use their reasonable best efforts to have the arbitration proceedings concluded within ninety (90) business days of selection of the arbitrator.

Section 5 - Notice
Written notices to be given to any Party pursuant to Section 1 to Section 14 of this Agreement must be given by personal delivery or by registered or certified mail addressed and delivered as set forth below.

Other correspondence and invoices may be sent by first class mail or by electronic mail, addressed and delivered as set forth below:

60 DocuSign Envelope ID:. 193C0C22-A 13A-4A43-82A 1-7O6FDB9A8EBE Inland Empire Utilities Agency
6075 Kimball Avenue
Chino, CA 91708
Attention: Shivaji Deshmukh, P.E.

Email: [email protected]
Las Virgenes Municipal Water District
41 l l Las Virgenes Rd.

Calabasas, CA. 91302
Attention: David W. Pedersen, P.E.

Email: [email protected]
Section 6 - Termination for Convenience
Calleguas Municipal Water District
2100 E. Olsen Rd.

Thousand Oaks, CA. 91360
Attention: Kristine Mccaffrey, P.E.

Email: [email protected]
Upper San Gabriel Valley Municipal Water
District
248 E. Foothill Blvd., Suite 200
Monrovia, CA 91016
Attention: Thomas A. Love, P.E.

Email: [email protected]
In addition to other rights set forth in this Agreement, each Party reserves and has the right to immediately suspend, cancel, or terminate this Agreement at any time upon ninety (90) days written notice to the other Parties. In the event of such termination, the terminating Party forfeits grant funding established as its proportional share and shall pay IEUA its proportionate share of any and all amounts owed for all authorized costs or any obligations incurred hereunder, up to the date of such termination.

Section 9- Representation of Authority
Each Party represents to the other that it has the authority to enter into this Agreement and that the individual signing this Agreement on behalf of their respective Party has the authority to execute this Agreement and to bind their respective Party to the terms and conditions of this Agreement.

Section 10 - Governing Law
This Agreement shall be governed by and constructed in accordance with the laws of the State of California in the County of San Bernardino.

Section 11 - Incorporation of Recitals
The Recitals set forth above are incorporated herein and made a part of this Agreement between IEUA and CMWD, L VMWD, and Upper District.

Section 12 - Entire Agreement: No Third-party Beneficiaries This Agreement is intended by the Parties as a complete and exclusive statement of the terms of their agreement and it supersedes all prior agreements, written or oral, as to the subject matter of this Agreement. This Agreement may be modified only upon the mutual written agreement of the Parties hereto. No third-party beneficiary is intended or created by the execution of this Agreement.

61 DocuSign Envelope ID: 193C0C22-A13A-4A43-82A1-7D6FDB9ABEBE Section 13 -Attorney's Fees and Costs
In any proceeding to enforce or interpret the terms or provisions of this Agreement, the prevailing Party, in addition to costs, shall be entitled to recover its reasonable attorney's fees.

Section 14 - Counterparts
This Agreement may be signed in counterparts, each of which shall constitute an original and which, taken together shall constitute one and the same Agreement. Verifiable facsimile and electronic execution copies of this Agreement shall constitute original counterparts or copies of this Agreement.

IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed by its respective duly authorized officers. The effective date of this Agreement shall be in accordance with the terms of this Agreement.

62 DocuSign Envelope ID: 193C0C22-A13A-4A43-82A1-7D6FDB9ABEBE Inland Empire Utilities Agency*
Title: General Manager
By:

Date:

Shivaji Deshmukh
6/11/2024
* a Municipal Water District
Calleguas Municipal Water District
Title: General Manager
By:

Date:
~ DocuSigned by:

Kristine Mccaffrey
=g~~
6/5/2024
Las Virgenes Municipal Water District
Title: General Manager
By: 12C68E2E3EC44&::

David W. Pedersen
Date: 6/5/2024
Approved as to Form:

Title: Legal Counsel
By:

Date:

Martin Cihigoyenetche
6/11/2024
Approved as to Form:

Title: District Counsel
By:

Date:

EFJ&E0I21 2JBA'...

Walter E. Wendelstein
6/5/2024
Approved as to Form:

Title: District Counsel
By:

Date:

Keith ~~~ Lemieux
6/5/2024
Upper San Gabriel Valley Municipal Water District Approved as to Form:

Title: General Manager Title: District Counsel
By: G:··i: 636£1 I Fl8£384AC ,_
Thomas Love
By:

G"'"'""'"" ~~ ~~~~ Steve O'Neill
Date: 6/7/2024 Date: 6/6/2024

63 DocuSign Envelope ID: 193C0C22-A13A-4A43-82A1-7D6FDB9ABEBE

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

INLAND EMPIRE UTILITIES AGENCY
AGREEMENT NUMBER 4600015372

URBAN COMMUNITY DROUGHT RELIEF GRANT
Exhibit 1
THIS GRANT AGREEMENT is entered into by and between the Department of Water Resources of the State of California, herein referred to as the "State" or "DWR," and the Inland Empire Utilities Agency, a public agency in the State of California, duly organized, existing, and acting pursuant to the laws thereof, herein referred to as the "Grantee," which parties do hereby agree as follows:
1) PURPOSE. The State shall provide funding from the Budget Act of 2021, as amended (Stats. 2022, ch. 44, § 25) to the Grantee to assist in financing the Project. By executing this Agreement, the Grantee certifies that the purpose of the Project is in response to a drought scenario, as defined by Water Code section 13198(a) and is intended to: (1) address immediate impacts on human health and safety; (2) address immediate impacts on fish and wildlife resources; or, (3) provide water to persons or communities that lose or are threatened with the loss or contamination of water supplies.
2) TERM OF GRANT AGREEMENT. The term of this Grant Agreement begins on July 1, 2022, and ends three (3) years following the final payment unless otherwise terminated or amended as provided in this Grant Agreement. However, all work shall be completed by June 30, 2026, in accordance with the Schedule as set forth in Exhibit C and no funds may be requested after September 30, 2026.
3) GRANT AMOUNT. The maximum amount payable by the State under this Grant Agreement shall not exceed $8,474,500. Any additional costs are the responsibility of the Grantee. 4) GRANTEE REQUIRED COST SHARE. The Grantee is required to provide a local cost share (non-State funds) in the amount of $0, as set forth in Exhibit B (Budget). Required Cost Share must be for Eligible Project Costs directly related to the Project as set forth in Exhibit A (Work Plan), incurred after June 30, 2022.
5) BASIC CONDITIONS.

A. The State shall have no obligation to disburse money for the Project(s) under this Grant Agreement until the Grantee has satisfied the following conditions (if applicable):
i. The Grantee shall demonstrate compliance with all eligibility criteria as set forth in the 2022 Urban Community Drought Relief Grant Program Guidelines and Proposal Solicitation Package (2022 Guidelines).
ii. For the term of this Agreement, the Grantee shall submit Quarterly Progress Reports which must accompany an invoice and all invoice backup documentation. The Quarterly Progress Report shall be submitted within 60 days following the end of the calendar quarter (i.e., reports due May 30, August 29, November 29, and March 1) and all other deliverables as required by Paragraph 13, "Submission of Reports" and Exhibit A, "Work Plan".
iii. Prior to the commencement of construction or implementation activities, if applicable, the Grantee shall submit the following to the State.

1. Final plans and specifications certified, signed and stamped by a California Registered Civil Engineer (or equivalent registered professional as appropriate) to certify compliance for each approved project as listed in Exhibit A of this Grant Agreement. 64 DocuSign Envelope ID: 193C0C22-A 13A-4A43-82A 1-7D6FDB9A8EBE Grant Agreement No. 4600015372

2. Work that is subject to the California Environmental Quality Act (CEQA) (including final land purchases) shall not proceed under this Grant Agreement until the following actions are performed:
a) The Grantee submits to the State all applicable environmental permits, as indicated on the Environmental Information Form to the State,
b) Documents that satisfy the CEQA process are received by the State, and c) The Grantee receives written notification from the State of concurrence with the Lead Agency's CEQA documents (s) and State's notice of verification of environmental permit submittal.

The State's concurrence of Lead Agency's CEQA documents is fully discretionary and shall constitute a condition precedent to any work (i.e., construction or implementation activities) for which it is required. Once CEQA documentation has been completed, the State will consider the environmental documents and decide whether to continue to fund the project, or to require changes, alterations, or other mitigation. Proceeding with work subject to CEQA prior to the State's concurrence shall constitute a material breach of this Agreement. The Grantee or Local Project Sponsor (LPS) shall also demonstrate that it has complied with all applicable requirements of the National Environmental Policy Act (NEPA) by submitting copies of any environmental documents, including Environmental Impact Statements, Finding of No Significant Impact, mitigation monitoring programs, and environmental permits as may be required prior to beginning construction/ implementation.
iv. A monitoring plan as required by Paragraph 15, "Monitoring Plan Requirements," if applicable.
6) DISBURSEMENT OF FUNDS. The State will disburse to the Grantee the amount approved, subject to the availability of funds through normal State processes. Notwithstanding any other provision of this Grant Agreement, no disbursement shall be required at any time or in any manner which is in violation of, or in conflict with, federal or state laws, rules, or regulations. Any and all money disbursed to the Grantee under this Grant Agreement shall be deposited in a noninterest-bearing account and shall be used solely to pay Eligible Project Costs. 7) ELIGIBLE PROJECT COST. The Grantee shall apply State funds received only to Eligible Project Costs in accordance with applicable provisions of the law and Exhibit B, "Budget". Eligible Project Costs include the reasonable costs of studies, engineering, design, land and easement acquisition and associated legal fees, preparation of environmental documentation, environmental mitigations, monitoring, and project construction. Reimbursable administrative expenses are the necessary costs incidental but directly related to the Project included in this Agreement. Costs incurred after June 30, 2022, may be eligible for reimbursement.

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

A. Costs, other than those noted above, incurred prior to July 1, 2022.

B. Costs for preparing and filing a grant application.

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

D. Establishing a reserve fund.

E. Purchase of water supply.
65 DocuSign Envelope ID: 193C0C22-A13A-4A43-82A1-7D6FDB9ABEBE Grant Agreement No. 4600015372

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

G. Meals, food items, or refreshments.

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

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

J. Overhead and Indirect Costs. "Indirect Costs" means those costs that are incurred for a common or joint purpose benefiting more than one cost objective and are not readily assignable to the funded project (i.e., costs that are not directly related to the funded project).

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

K. Mitigation for environmental impacts not resulting from implementation of a project funded by this Agreement. Costs incurred as part of any necessary response and cleanup activities required under the Comprehensive Environmental Response, Compensation, and Liability Act; Resource Conservation and Recovery Act; Hazardous Substances Account Act; or other applicable law.
8) METHOD OF PAYMENT. After the disbursement requirements in Paragraph 5, "Basic Conditions" are met, the State will disburse the whole or portions of State funding to the Grantee, following receipt from the Grantee of an electronic invoice certified and transmitted via electronic/digital signature system (e.g., DocuSign) or via US mail or Express mail delivery of a "wet signature" for costs incurred, including Local Cost Share, and timely Quarterly Progress Reports as required by Paragraph 13, "Submission of Reports." Payment will be made no more frequently than quarterly, in arrears, upon receipt of an invoice bearing the Grant Agreement number. Quarterly Progress Report must accompany an invoice and shall be submitted within 60 days following the end of the calendar quarter (i.e., invoices due May 30, August 29, November 29, and March 1 ). The State will notify the Grantee, in a timely manner, whenever, upon review of an invoice, the State determines that any portion or portions of the costs claimed are not eligible costs or is not supported by documentation or receipts acceptable to the State. The Grantee may, within thirty (30) calendar days of the date of receipt of such notice, submit additional documentation to the State to cure such deficiency(ies). If the Grantee fails to submit adequate documentation curing the deficiency(ies), the State will adjust the pending invoice by the amount of ineligible or unapproved costs.

Invoices submitted by the Grantee shall include the following information:

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

B. Costs incurred for any interests in real property (land or easements) that have been necessarily acquired for a project during the period identified in the particular invoice for the implementation of a project.
66 DocuSign Envelope ID: 193C0C22-A 13A-4A43-82A 1-7D6FDB9ABEBE Grant Agreement No. 4600015372

C. Invoices shall be submitted on forms provided by the State and shall meet the following format requirements:
i. Invoices shall contain the date of the invoice, either the time period covered by the invoice or the invoice date received within the time period covered, and the total amount due. ii. Invoices shall be itemized based on the categories (i.e., tasks) specified in Exhibit B, "Budget." The amount claimed for salaries/wages/consultant fees shall include a calculation formula (i.e., hours or days worked times the hourly or daily rate = the total amount claimed) ..
iii. One set of sufficient evidence (i.e., receipts, copies of checks, personnel hours' summary table, time sheets) shall be provided for all costs included in the invoice. iv. Each invoice shall clearly delineate those costs claimed for reimbursement from the State's funding amount, as depicted in Paragraph 3, "Grant Amount". v. Original signature and date of the Grantee's Project Representative. Submit an electronic invoice, certified and transmitted via electronic/digital signature system (e.g., DocuSign), from authorized representative to the Project Manager or the original "wet signature" copy of the invoice form to th~ Project Manager at the following address: Financial Assistance Branch, DWR, P.O. Box 942836, Sacramento, CA 94236.

All invoices submitted shall be accurate and signed under penalty of law. Any and all costs submitted pursuant to this Agreement shall only be for the tasks set forth herein. The Grantee shall not submit any invoice containing costs that are ineligible or have been reimbursed from other funding sources unless required and specifically noted as such (i.e., cost share). Any eligible costs for which the Grantee is seeking reimbursement shall not be reimbursed from any other source. Double or multiple billing for time, services, or any other eligible cost is illegal and constitutes fraud. Any suspected occurrences of fraud, forgery, embezzlement, theft, or any other misuse of public funds may result in suspension of disbursements of grant funds and/or termination of this Agreement requiring the repayment of all funds disbursed hereunder plus interest. Additionally, the State may request an audit pursuant to Standard Condition Paragraph

0.5 and refer the matter to the Attorney General's Office or the appropriate district attorney's office for criminal prosecution or the imposition of civil liability. (Civ. Code,§§ 1572-1573; Pen.

Code,§§ 470, 487-489.)
9) ADVANCED PAYMENT. Water Code section 13198.4(c) authorizes advanced payment by the State for grantees that demonstrate cash flow issues. A project may receive an advanced payment of twenty-five (25) percent of its grant award; the remaining seventy-five (75) percent of the grant award will be reimbursed in arrears after the advanced funds have been fully expended.

Within ninety (90) calendar days of execution of the Grant Agreement, the Grantee may provide the State an Advanced Payment Request. Advanced Payment Requests received ninety-one (91) calendar days after the execution of this Agreement will not be eligible to receive an advanced payment. The Advanced Payment Request shall contain the following:

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

B. If the Grantee is requesting the advanced payment, the request(s) shall include:
i. Descriptive information of each project with an update on project status. 67 DocuSign Envelope ID: 193C0C22-A13A-4A43-82A1-7D6FD89A8EBE Grant Agreement No. 4600015372

ii. Description and documentation of the cash flow issues the LPS has that requires funds to be advanced.
iii. The names of the entities that will receive the funding for each project. iv. A detailed Funding Plan which includes how the advanced payment will be expended (in terms of workplan, budget, and schedule) within the timeframe agreed upon by DWR and the Grantee. The Funding Plan must clearly identify the total budget (at Budget Category Level) for each project clearly showing the portion of advanced payment and reimbursement funds.
v. Any other information that DWR may deem necessary.

C. Upon review and approval of the Advanced Payment Request, DWR may authorize payment of the requested amount or a lesser amount for those entities that have requested advanced funds. Based on the project's Funding Plan and other considerations, DWR may develop a "Disbursement Schedule," to disburse funds in installments. This Disbursement Schedule may change based on the project's ongoing compliance with the Advanced Payment requirements and the project's cash flow needs.

D. Once DWR authorizes the Advanced Payment Request, the Grantee shall submit Advanced Payment lnvoice(s) for the initial amount based on the "Disbursement Schedule" on behalf of the LPS(s), containing the request for each project requesting advanced funds, to the State with signature and date of the Grantee's Project Representative, as indicated in Paragraph 19, "Project Representative." The Grantee shall be responsible for the timely distribution of the advanced funds to the respective LPS(s). The Advanced Payment lnvoice(s) shall be submitted on forms provided by the State and shall meet the following format requirements:
i. Invoice shall contain the date of the invoice, the time period covered by the invoice, and the total amount due.
ii. Invoice shall be itemized based on the budget categories specified in Exhibit B, "Budget." iii. The State Project Manager will notify the Grantee, in a timely manner, when, upon review of an Advance Payment Invoice, the State determines that any portion or portions of the costs claimed are not eligible costs. The Grantee may, within thirty (30) calendar days of the date of receipt of such notice, submit additional documentation to cure such deficiency(ies). The Grantee may, within thirty (30) calendar days of the date of receipt of such notice, submit additional documentation to cure such deficiency(ies). If costs are not consistent with the tasks in Exhibit A, the State will reject the claim and remove them from the Accountability Report.
iv. On a quarterly basis, the Grantee will submit an Accountability Report to the State that demonstrates how actual expenditures compare with the scheduled budget. The Accountability Report shall include the following information:

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

2. An updated Accountability Report including an updated Funding Plan that depicts how the remaining advanced funds will be expended and the activities and deliverables associated with the advanced funds within the timeframe agreed upon by DWR and the Grantee when the advanced payment request was approved. 68 DocuSign Envelope ID: 193C0C22-A13A--4A43-82A1-7D6FDB9A8EBE Grant Agreement No. 4600015372

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

4.Proof of distribution of advanced funds to LPS(s), if applicable.

E. Once the Grantee has spent all advanced funds in a budget category, then the method of payment will revert to the reimbursement process for that budget category specified in Paragraph 8, "Method of Payment."
1 0)WITHHOLDING OF DISBURSEMENTS BY THE STATE. If the State determines that a project is not being implemented in accordance with the provisions of this Grant Agreement, or that the Grantee has failed in any other respect to comply with the provisions of this Grant Agreement, and if the Grantee does not remedy any such failure to the State's satisfaction, the State may withhold from the Grantee all or any portion of the State funding and take any other action that it deems necessary to protect its interests. Where a portion of the State funding has been disbursed to the Grantee and the State notifies the Grantee of its decision not to release funds that have been withheld pursuant to Paragraph 11, "Default Provisions," the portion that has been disbursed shall thereafter be repaid immediately at the time the State notifies the Grantee, as directed by the State. The State may consider the Grantee's refusal to repay the requested disbursed amount a material breach subject to the default provisions in Paragraph 11, "Default Provisions." If the State notifies the Grantee of its decision to withhold the entire funding amount from the Grantee pursuant to this Paragraph, this Grant Agreement shall terminate upon receipt of such notice by the Grantee and the State shall no longer be required to provide funds under this Grant Agreement and the Grant Agreement shall no longer be binding on either party. 11 )DEFAULT PROVISIONS. The Grantee shall be in default under this Grant Agreement if any of the following occur:

A Substantial breaches of this Grant Agreement, or any supplement or amendment to it, or any other agreement between the Grantee and the State evidencing or securing the Grantee's obligations;
B. Making any false warranty, representation, or statement with respect to this Grant Agreement or the application filed to obtain this Grant Agreement; C. Failure to operate or maintain the Project in accordance with this Grant Agreement.

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

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

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

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

A Declare the funding be immediately repaid.

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

C. Terminate the Grant Agreement.
69 DocuSign Envelope ID: 193C0C22-A13A-4A43-82A1-7D6FDB9ABEBE Grant Agreement No. 4600015372

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

In the event the State finds it necessary to enforce this provision of this Grant Agreement in the manner provided by law, the Grantee agrees to pay all costs incurred by the State including, but not limited to, reasonable attorneys' fees, legal expenses, and costs. 12)CONTINUING ELIGIBILITY. The Grantee shall meet the following ongoing requirement(s) and all eligibility criteria outlined in the 2022 Guidelines to remain eligible to receive State funds:

A. An urban water supplier that receives grant funds pursuant to this Agreement shall maintain compliance with the Urban Water Management Planning Act (UWMP; Wat. Code, § 10610 et seq.) and Sustainable Water Use and Demand Reduction (Wat. Code,§ 10608 et seq.) as set forth on page 21 of the 2022 Guidelines and Proposal Solicitation Package.

B. An agricultural water supplier receiving grant funds shall comply with Sustainable Water Use and Demand Reduction requirements outlined in Water Code section 10608, et seq. and have their Agricultural Water Management Plan (AWMP) deemed consistent by DWR. To maintain eligibility and continue funding disbursements, an agricultural water supply shall have their 2021 AWMP identified on the State's website. For more information, visit the website listed in the 2022 Guidelines and Proposal Solicitation Package.

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

D. If applicable, the Grantee shall demonstrate compliance with the Sustainable Groundwater Management Act (SGMA) as set forth in the 2022 Guidelines and Proposal Solicitation Package.

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

Alternatively, if the Grantee has submitted a Groundwater Sustainability Plan (GSP) or Alternative Plan pursuant to the GSP Regulations (Cal. Code Regs., tit. 23, § 350 et seq.), groundwater level data must be submitted through the SGMA Portal at:
https://sgma.water.ca.gov/portal/.

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

G. On March 4, 2022, the Governor issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. The EO may be found at:
https://www.gov.ca.gov/wp-content/uploads/2022/03/3.4.22-Russia-Ukraine-ExecutiveOrder.pdf. "Economic Sanctions" refers to sanctions imposed by the U.S. government in response to Russia's actions in Ukraine, as well as any sanctions imposed under State law.

The EO directs DWR to terminate funding agreements with, and to refrain from entering any new agreements with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should the State determine that the Grantee is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this Agreement. The State shall provide the Grantee advance written notice of such termination, allowing the Grantee at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the State. 70 DocuSign Envelope ID: 193C0C22-A 13A-4A43-82A 1-7D6FDB9A8EBE Grant Agreement No. 4600015372

13)SUBMISSION OF REPORTS. The submittal and approval of all reports is a requirement for the successful completion of this Grant Agreement. Reports shall meet generally accepted professional standards for technical reporting and shall be proofread for content, numerical accuracy, spelling, and grammar prior to submittal to the State. All reports shall be submitted to the State's Project Manager and shall be submitted via the DWR "Grant Review and Tracking System" (GRanTS). If requested, the Grantee shall promptly provide any additional information deemed necessary by the State for the approval of reports. Reports shall be presented in the formats described in the applicable portion of Exhibit F, "Report Formats and Requirements." The timely submittal of reports is a requirement for initial and continued disbursement of State funds.

Submittal and subsequent approval by the State of a Project Completion Report is a requirement for the release of any funds retained for such project.

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

B. Project Completion Report: The Grantee shall prepare and submit to the State a separate Project Completion Report for each project included in Exhibit A. The Grantee shall submit a Project Completion Report (or a Component Completion Report, if a Project has multiple Components) within ninety (90) calendar days of ProjecUComponent completion as outlined in Exhibit F.

C. Grant Completion Report: Upon completion of all the Projects included in Exhibit A, the Grantee shall submit to the State a Grant Completion Report. The Grant Completion Report shall be submitted within ninety (90) calendar days of submitting the Completion Report for the final project to be completed under this Grant Agreement, as outlined in Exhibits A and F.

Retention for any grant administration line items in the Budget of this Grant Agreement will not be disbursed until the Grant Completion Report is approved by the State.

D. Post-Performance Reports: The Grantee shall prepare and submit to the State PostPerformance Reports for the applicable project(s). Post-Performance Reports shall be submitted to the State within ninety (90) calendar days after the first operational year of a project has elapsed. This record keeping and reporting process shall be repeated annually for a total of three (3) years after the project begins operation. 14)OPERATION AND MAINTENANCE OF PROJECT. For the useful life of construction and implementation projects and in consideration of the funding made by the State, the Grantee agrees to ensure or cause to be performed the commencement and continued operation of the project, and shall ensure or cause the project to be operated in an efficient and economical manner; shall ensure all repairs, renewals, and replacements necessary to the efficient operation of the same are provided; and shall ensure or cause the same to be maintained in as good and efficient condition as upon its construction, ordinary and reasonable wear and depreciation excepted. The State shall not be liable for any cost of such maintenance, management, or operation. The Grantee or their successors may, with the written approval of the State, transfer this responsibility to use, manage, and maintain the property. For purposes of this Grant Agreement, "useful life" means period during which an asset, property, or activity is expected to 71 DocuSign Envelope ID: 193C0C22-A 13A-4A43-82A 1-7D6FD89A8EBE Grant Agreement No. 4600015372

be usable for the purpose it was acquired or implemented; "operation costs" include direct costs incurred for material and labor needed for operations, utilities, insurance, and similar expenses, and "maintenance costs" include ordinary repairs and replacements of a recurring nature necessary for capital assets and basic structures and the expenditure of funds necessary to replace or reconstruct capital assets or basic structures. Refusal by the Grantee to ensure operation and maintenance of the projects in accordance with this provision may, at the option of the State, be considered a breach of this Grant Agreement and may be treated as default under Paragraph 11, "Default Provisions."
15)MONITORING PLAN REQUIREMENTS. A Monitoring Plan shall be submitted to the State prior to disbursement of State funds for construction or monitoring activities. The Monitoring Plan should incorporate Post-Performance Monitoring Report requirements as defined and listed in Exhibit F, and follow the guidance provided in Exhibit L, "Project Monitoring Plan Guidance." 16)NOTIFICATION OF STATE. The Grantee shall promptly notify the State, in writing, of the following items:

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

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

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

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

E. Applicable to construction projects only: Final inspection of the completed work on a project by a Registered Professional (Civil Engineer, Engineering Geologist, or other State approved certified/licensed Professional), in accordance with Exhibit D. The Grantee shall notify the State's Project Manager of the inspection date at least fourteen (14) calendar days prior to the inspection in order to provide the State the opportunity to participate in the inspection. 17)NOTICES. Any notice, demand, request, consent, or approval that either party desires or is required to give to the other party under this Grant Agreement shall be in writing. Notices may be transmitted by any of the following means:

A. By delivery in person.

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

C. By "overnight" delivery service; provided that next-business-day delivery is requested by the sender.
72 DocuSign Envelope ID: 193C0C22-A 13A-4A43-82A 1-7D6FDB9A8EBE D. By electronic means.

Grant Agreement No. 4600015372

E. Notices delivered in person will be deemed effective immediately on receipt (or refusal of delivery or receipt). Notices sent by certified mail will be deemed effective given ten (10) calendar days after the date deposited with the U.S. Postal Service. Notices sent by overnight delivery service will be deemed effective one business day after the date deposited with the delivery service. Notices sent electronically will be effective on the date of transmission, which is documented in writing. Notices shall be sent to the addresses listed below. Either party may, by written notice to the other, designate a different address that shall be substituted for the one below.
18)PERFORMANCE EVALUATION. Upon completion of this Grant Agreement, the Grantee's performance will be evaluated by the State and a copy of the evaluation will be placed in the State file and a copy sent to the Grantee.
19)PROJECT REPRESENTATIVES. The Project Representatives during the term of this Grant Agreement are as follows:

Department of Water Resources
Arthur Hinojosa
Manager, Division of Regional
Assistance
P.O. Box 942836
Sacramento, CA 94236
Phone: (916) 902-6713
Email: Arthur. [email protected]
Direct all inquiries to the Project Manager:

Department of Water Resources
Haley Miller
Environmental Scientist
P.O. Box 942836
Sacramento, CA 94236
Phone: 916 326-9832
Email: [email protected]
Inland Empire Utilities Agency
Shivaji Deshmukh
General Manager
6075 Kimball Ave.

Chino, CA 91708
Phone: (909) 993-1600
Email: [email protected]
Inland Empire Utilities Agency
Ashley Womack
Grants and Government Affairs Officer
6075 Kimball Ave.

Chino, CA 91708
Phone: (909) 925-7205
Email: [email protected]
Either party may change its Project Representative or Project Manager upon written notice to the other party.
73 DocuSign Envelope ID: 193C0C22-A13A-4A43-82A1-7D6FDB9A8EBE Grant Agreement No. 4600015372

20)STANDARD PROVISIONS. This Grant Agreement is complete and is the final Agreement between the parties. The following Exhibits are attached and made a part of this Grant Agreement by this reference:

Exhibit A - Work Plan
Exhibit B - Budget
Exhibit C - Schedule
Exhibit D - Standard Conditions
Exhibit E - Authorizing Resolution
Exhibit F - Report Formats and Requirements
Exhibit G - Requirements for Data Submittal
Exhibit H - State Audit Document Requirements for the Grantee Exhibit I - Local Project Sponsors and Project Locations Exhibit J - Appraisal Specifications
Exhibit K- Information Needed for Escrow Processing and Closure Exhibit L - Project Monitoring Plan Guidance
Exhibit M - Invoice Guidance for Administrative and Overhead Charges 74 DocuSign Envelope ID: 193C0C22-A13A-4A43-82A1-7D6FDB9A8EBE Grant Agreement No. 4600015372

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

STATE OF CALIFORNIA

DEPARTMENT OF WATER RESOURCES
For
Arthur Hinojosa
Manager, Division of Regional Assistance
Date 11/15/2023
Approved as to Legal Form and Sufficiency
Robin Brewer
Assistant General Counsel,
Office of the General Counsel
Date 11/15/2023
For

INLAND EMPIRE UTILITIES
AGENCY
Shivaji Deshmukh
General Manager
Date 11/15/2023
75 DocuSign Envelope ID: 193C0C22-A 13A-4A43-82A 1-7D6FDB9A8EBE

EXHIBIT A

WORK PLAN
Grant Administration
IMPLEMENTING AGENCY: Inland Empire Utilities Agency (Grantee) Grant Agreement No. 4600015372

PROJECT DESCRIPTION: The Grantee will administer these funds and respond to DWR's reporting and compliance requirements associated with the grant administration. This Grantee will act in a coordination role: disseminating grant compliance information to the project managers responsible for implementing the projects contained in this Agreement, obtaining and retaining evidence of compliance (e.g., CEQA/NEPA documents, reports, monitoring compliance documents, labor requirements, etc.), obtaining data for progress reports from individual project managers, assembling and submitting progress reports to the State, and coordinating all invoicing and payment of invoices.

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

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

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

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

Deliverables:
• Quarterly Progress Reports
• Grant Completion Report
76 DocuSign Envelope ID: 193C0C22-A13A-4A43-82A1-7D6FDB9A8EBE Grant Agreement No. 4600015372

PROJECT 1: Turnkey Turf Transformation Program
IMPLEMENTING AGENCY: Inland Empire Utilities Agency
PROJECT DESCRIPTION: Inland Empire Utilities Agency, Calleguas Municipal Water District, Las Virgenes Municipal Water District and Upper San Gabriel Valley Municipal Water District will implement the Turnkey Turf Transformation Program (Program). The Program identifies nonresidential sites in critically drought-stricken service areas that are in highly visible locations and contain large amounts of non-functional turf. These sites will receive a landscape evaluation that identifies opportunities to reduce water usage and provide efficient irrigation and plant material recommendations. The Program's goal is to immediately reduce water usage while encouraging the public to install water-efficient landscaping on their properties and reduce their water usage. The Program will be implemented in underrepresented communities in each service area of the participating agencies where possible. At least 50% of the total project benefit will be to Underrepresented Communities. The Program will transform between 1.0 and 1.5 million square feet of non-functional turf to yield estimated water savings of between 264 and 396 acre-feet per year.

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

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

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

Deliverables:
• Quarterly Project Progress Reports
• Project Completion Report
• Documentation (e.g., photo) of "Acknowledgment of Credit & Signage" per Standard Condition D.2
Budget Category (b): Land Purchase/Easement
Task 3: Land Purchase
77 DocuSign Envelope ID: 193C0C22-A13A-4A43-82A1-7D6FDB9A8EBE Grant Agreement No. 4600015372
Not Applicable.

Budget Category (c): Planning/Design/Engineering/Environmental Documentation Task 4: Feasibiuty Studies
Not Applicable.

Task 5: CEQA Documentation
Not Applicable.

Task 6: Permitting
Not Applicable.

Task 7: Planning

The Partner Agencies are responsible for collaborating with the retail agencies in their respective service areas to select and submit properties to Inland Empire Utilities Agency for initial screening for program participation eligibility. Inland Empire Utilities Agency has the final authority to select properties to participate in the program based upon the following initial criteria: 1) assures that more than 50% of the conservation benefit occurs on properties located within underrepresented areas; 2) honors the proportional sharing agreement among the Partner Agencies; 3) is a non-residential properties with a dedicated irrigation meter(s) and an automated irrigation controller(s); 4) provides optimal water savings and stormwater retention; 5) has sufficient water use history and data to participate in water savings study; 6) is located in an area that is highly visible or can otherwise amplify the promotion of the benefits of relandscaping; 7) agrees to participate in the accompanying public relations campaign; and 8) diversifies participating property locations among the 60+ communities serviced by the Partner Agencies.

Representatives of property owners selected to participate in the program will meet individually with the landscape contractor and discuss options for relandscaping of non-functional turf. Before any work is done, the property owner will receive a site plan detailing the layout, irrigation system update, plant materials to replace the non-functional turf and any other elements of the relandscaping work to be completed. Marketing campaign material shall notify applicants of potential tax liability for rebates.

Deliverables:
• Copy of signed Site Plans detailing work to be done and signed by property owner or his/her representative.
• Summary of proposed public relations promotion efforts.

Task 8: Project Monitoring Plan
Develop and submit a Project Monitoring Plan per Paragraph 15 for DWR's review and approval.

Deliverables:
• Project Monitoring Plan
Budget Category (d): Construction/Implementation
78 DocuSign Envelope ID: 193C0C22-A13A-4A43-82A1-7D6FDB9A8EBE Grant Agreement No. 4600015372

Task 9: Contract Services
This task must comply with the Standard Condition D.10 - Competitive Bidding and Procurements.

Activities necessary (as applicable) to secure a contractor and award the contract, including: develop bid documents, prepare advertisement and contract documents for construction contract bidding, conduct pre-bid meeting, bid opening and evaluation, selection of the contractor, award of contract, and issuance of notice to proceed.

Deliverables:
• Bid Documents
• Proof of Advertisement
• Award of Contract
• Notice to Proceed
Task 1 O: Implementation
Requirements to be met by Selected Properties:

Selected properties will be required to meet the following conditions before commencing with any work:
• Undertake an initial water audit provided by entities such as but not limited to Metropolitan Water District or Chino Basin Water Conservation District. • Allow retail water agencies to share water use data for water use survey, post-performance reports, and any other reporting requirements of the grant. • Participant must maintain and care for the new landscaping once the project has been completed.
• The new landscaped area must remain in-place for a minimum of 5 years, or the participant will be invoiced to reimburse the program partners for the state and public funding utilized to pay for their landscaping project.

Each approved project site (property) will receive a landscape evaluation, the removal of living nonfunctional turf/grass in the project areas, a landscape redesign, the installation of weed barriers, climate-appropriate plants, and drip/micro-bubbler irrigation devices. Transformed landscape areas will include applicable ground covers. A certified contractor will work with the site manager to reprogram the existing controller for irrigating the new landscaping. Customer training, follow-up site visits (max 2), and a Post Completion Form will be completed at the conclusion of the project.

Participants will receive a six-month Warranty (plant/irrigation upgrades), a customer site plan and design, and a plant palette template.

Deliverables:
• Summary of plant materials and irrigation system updates utilized in turf conversion and measures incorporated to ensure the maximation of on-site water infiltration, where feasible.
• Summary of public relations promotions deployed.
• Photographic Documentation of Progress
• Copy of post completion forms
79 DocuSign Envelope ID: 193C0C22-A 13A-4A43-82A 1-7D6FDB9ABEBE

AGREEMENT BUDGET SUMMARY
Minimum Required Cost Share: $0

EXHIBIT B
BUDGET
Grant Agreement No. 4600015372

Cost
PROJECTS Grant Required All Other Total Share
1 Amount Cost
Share
Grant Administration $770,409 $0
Turnkey Turf $7,704,091 $0
Transformation Program
GRAND $8,474,500 $0 TOTAL
Grant Administration
Implementing Agency: Inland Empire Utilities Agency
BUDGET CATEGORY Grant Required
Amount Cost Share
(a) Project Administration $770,409 $0
TOTAL COSTS $770,409 $0
PROJECT 1: Turnkey Turf Transformation Program
Implementing Agency: Inland Empire Utilities Agency
BUDGET CATEGORY Grant Amount Required
Cost Share
(a) Project Administration $0 $0
(b) Land Purchase / Easement $0 $0
(c) Planning / Design I Engineering $350,000 $0 / Environmental Documentation (d) Construction / Implementation $7,354,091 $0
TOTAL COSTS $7,704,091 $0
Cost Cost Waiver
$0 $770,409 N/A
Yes
$0 $7,704,091
$0 $8,474,500
All Other Cost Total Cost
$0 $770,409
$0 $770,409
All Other Cost Total Cost
$0 $0
$0 $0
$0 $350,000
$0 $7,354,091
$0 $7,704,091
80 DocuSign Envelope ID: 193C0C22-A13A-4A43-82A1-7D6FDB9A8EBE a
a
b
C
d
Grant Administration

BUDGET CATEGORY
Project Administration

EXHIBIT C

SCHEDULE
PROJECT 1: Turnkey Turf Transformation Program

BUDGET CATEGORY
Project Administration
Land Purchase / Easement
Planning / Design I Engineering I Environmental
Documentation
Construction I Implementation
Grant Agreement No. 4600015372

Start Date End Date
03/01/2023 06/30/2026
Start Date End Date
03/01/2023 03/01/2026

N/A N/A
03/01/2023 03/01 /2026*
03/01/2023 03/01/2026
*Project covers multiple sites in overlapping stages of development. As a result, Category C and D overlap. 81 DocuSign Envelope ID: 193C0C22-A 13A-4A43-82A 1-7D6FDB9A8EBE

EXHIBIT D

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

Grant Agreement No. 4600015372

A. Separate Accounting of Funding Disbursements: Grantee shall account for the money disbursed pursuant to this Funding Agreement separately from all other Grantee funds.

Grantee shall maintain audit and accounting procedures that are in accordance with generally accepted accounting principles and practices, consistently applied. Grantee shall keep complete and accurate records of all receipts and disbursements on expenditures of such funds. Grantee shall require its contractors or subcontractors to maintain books, records, and other documents pertinent to their work in accordance with generally accepted accounting principles and practices. Records are subject to inspection by State at any and all reasonable times.

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

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

D.2. ACKNOWLEDGEMENT OF CREDIT AND SIGNAGE: Grantee shall include appropriate acknowledgement of credit to the State for its support when promoting the Project or using any data and/or information developed under this Funding Agreement. Signage shall be posted in a prominentlocation at Project site(s) (if applicable) or at the Grantee's headquarters and shall include the Department of Water Resources color logo and the following disclosure statement: "Funding for this project has been provided in full or in part from the Budget Act of 2021 and through an agreement with the State Department of Water Resources." The Grantee shall also include in each of its contracts for work under this Agreement a provision that incorporates the requirements stated within this Paragraph.

D.3. AMENDMENT: This Funding Agreement may be amended at any time by mutual agreement of the Parties, except insofar as any proposed amendments are in any way contrary to applicable law. Requests by the Grantee for amendments must be in writing stating the amendment request and the reason for the request. Requests solely for a time extension must be submitted at least 90 days prior to the work completion date set forth in Paragraph 2.

Any other request for an amendment must be submitted at least 180 days prior to the work completion date set forth in Paragraph 2. State shall have no obligation to agree to an amendment.

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

D.S. AUDITS: State reserves the right to conduct an audit at any time between the execution of this Funding Agreement and the completion of the Project, with the costs of such audit borne by State. After completion of the Project, State may require Grantee to conduct a final audit to State's specifications, at Grantee's expense, such audit to be conducted by and a report 82 DocuSign Envelope ID: 193C0C22-A13A-4A43-82A1-7D6FDB9A8EBE Grant Agreement No. 4600015372

prepared by an independent Certified Public Accountant. Failure or refusal by Grantee to comply with this provision shall be considered a breach of this Funding Agreement, and State may elect to pursue any remedies provided in Paragraph 11 or take any other action it deems necessary to protect its interests. The Grantee agrees it shall return any audit disallowances to the State.

Pursuant to Government Code section 8546.7, the Grantee shall be subject to the examination and audit by the State for a period of three (3) years after final payment under this Funding Agreement with respect of all matters connected with this Funding Agreement, including but not limited to, the cost of administering this Funding Agreement. All records of Grantee or its contractor or subcontractors shall be preserved for this purpose for at least three (3) years after receipt of the final disbursement under this Agreement.

D.6. BUDGET CONTINGENCY: If the Budget Act of the current year covered under this Funding Agreement does not appropriate sufficient funds for this program, this Funding Agreement shall be of no force and effect. This provision shall be construed as a condition precedent to the obligation of State to make any payments under this Funding Agreement. In this event, State shall have no liability to pay any funds whatsoever to Grantee or to furnish any other considerations under this Funding Agreement and Grantee shall not be obligated to perform any provisions of this Funding Agreement. Nothing in this Funding Agreement shall be construed to provide Grantee with a right of priority for payment over any other Grantee. If funding for any fiscal year after the current year covered by this Funding Agreement is reduced or deleted by the Budget Act, by Executive Order, or by order of the Department of Finance, the State shall have the option to either cancel this Funding Agreement with no liability occurring to State, or offer a Funding Agreement amendment to Grantee to reflect the reduced amount.

D. 7. CEQA: Activities funded under this Funding Agreement, regardless of funding source, must be in compliance with the California Environmental Quality Act (CEQA). (Pub. Resources Code, § 21000 et seq.) Any work that is subject to CEQA and funded under this Agreement shall not proceed until documents that satisfy the CEQA process are received by the State's Project Manager and the State has completed its CEQA compliance. Work funded under this Agreement that is subject to a CEQA document shall not proceed until and unless approved by the Department of Water Resources. Such approval is fully discretionary and shall constitute a condition precedent to any work for which it is required. If CEQA compliance by the Grantee is not complete at the time the State signs this Agreement, once State has considered the environmental documents, it may decide to require changes, alterations, or other mitigation to the Project; or to not fund the Project. Should the State decide to not fund the Project, this Agreement shall be terminated in accordance with Paragraph 10.

D.8. CHILD SUPPORT COMPLIANCE ACT: The Grantee acknowledges in accordance with Public Contract Code section 7110, that:

A. The Grantee recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Family Code section 5200 et seq.; and B. The Grantee, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department. 83 DocuSign Envelope ID: 193C0C22-A13A-4A43-82A1-7D6FDB9A8EBE Grant Agreement No. 4600015372

D.9. CLAIMS DISPUTE: Any claim that the Grantee may have regarding performance of this Agreement including, but not limited to, claims for additional compensation or extension of time, shall be submitted to the DWR Project Representative, within thirty (30) days of the Grantee's knowledge of the claim. State and Grantee shall then attempt to negotiate a resolution of such claim and process an amendment to this Agreement to implement the terms of any such resolution.

D.10. COMPETITIVE BIDDING AND PROCUREMENTS: Grantee's contracts with other entities for the acquisition of goods and services and construction of public works with funds provided by State under this Funding Agreement must be in writing and shall comply with all applicable laws and regulations regarding the securing of competitive bids and undertaking competitive negotiations. If the Grantee does not have a written policy to award contracts through a competitive bidding or sole source process, the Department of General Services' State Contracting Manual rules must be followed and are available at:
https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-ResourcesList-Folder/State-Contracting.

D.11. COMPUTER SOFTWARE: Grantee certifies that it has appropriate systems and controls in place to ensure that state funds will not be used in the performance of this Funding Agreement for the acquisition, operation, or maintenance of computer software in violation of copyright laws.

D.12. CONFLICT OF INTEREST: All participants are subject to State and Federal conflict of interest laws. Failure to comply with these laws, including business and financial disclosure provisions, will result in the application being rejected and any subsequent contract being declared void. Other legal action may also be taken. Applicable statutes include, but are not limited to, Government Code section 1090 and Public Contract Code sections 10410 and 10411, for State conflict of interest requirements.

A. Current State Employees: No State officer or employee shall engage in any employment, activity, or enterprise· from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any State agency, unless the employment, activity, or enterprise is required as a condition of regular State employment.

No State officer or employee shall contract on his or her own behalf as an independent contractor with any State agency to provide goods or services.

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

C. Employees of the Grantee: Employees of the Grantee shall comply with all applicable provisions of law pertaining to conflicts of interest, including but not limited to any applicable conflict of interest provisions of the California Political Reform Act. (Gov. Code, § 87100 et seq.)
D. Employees and Consultants to the Grantee: Individuals working on behalf of a Grantee may be required by the Department to file a Statement of Economic Interests (Fair Political 84 DocuSign Envelope ID: 193C0C22-A 13A-4A43-82A 1-7D6FDB9A8EBE Grant Agreement No. 4600015372

Practices Commission Form 700) if it is determined that an individual is a consultant for Political Reform Act purposes.

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

D.14. DISPOSITION OF EQUIPMENT: Grantee shall provide to State, not less than 30 calendar days prior to submission of the final invoice, an itemized inventory of equipment purchased with funds provided by State. The inventory shall include all items with a current estimated fair market value of more than $5,000.00 per item. Within 60 calendar days of receipt of such inventory State shall provide Grantee with a list of the items on the inventory that State will take title to. All other items shall become the property of Grantee. State shall arrange for delivery from Grantee of items that it takes title to. Cost of transportation, if any, shall be borne by State.

D.15. DRUG-FREE WORKPLACE CERTIFICATION: Certification of Compliance: By signing this Funding Agreement, Grantee, its contractors or subcontractors hereby certify, under penalty of perjury under the laws of State of California, compliance with the requirements of the DrugFree Workplace Act of 1990 (Gov. Code, § 8350 et seq.) and have or will provide a drug-free workplace by taking the following actions:

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

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

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

D.16. EASEMENTS: Where the Grantee acquires property in fee title or funds improvements to real property using State funds provided through this Funding Agreement, an appropriate easement or other title restriction providing for floodplain preservation and/or wildlife habitat conservation for the subject property in perpetuity, approved by the State, shall be conveyed to a regulatory or trustee agency or conservation group acceptable to the State. The easement or other title restriction must be in first position ahead of any recorded mortgage or lien on the property unless this requirement is waived by the State.

Where the Grantee acquires an easement under this Agreement, the Grantee agrees to monitor and enforce the terms of the easement, unless the easement is subsequently 85 DocuSign Envelope ID: 193C0C22-A13A-4A43-82A1-7D6FDB9ABEBE Grant Agreement No. 4600015372

transferred to another land management or conservation organization or entity with State permission, at which time monitoring and enforcement responsibilities will transfer to the new easement owner.

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

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

D.18. GRANTEE'S RESPONSIBILITIES: Grantee and its representatives shall:

A Faithfully and expeditiously perform or cause to be performed all project work as described in Exhibit A (Work Plan) and in accordance with Project Exhibit B (Budget) and Exhibit C (Schedule).

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

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

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

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

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

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

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

D.19. GOVERNING LAW: This Funding Agreement is governed by and shall be interpreted in accordance with the laws of the State of California.

D.20. INDEMNIFICATION: Grantee shall indemnify and hold and save the State, its officers, agents, and employees, free and harmless from any and all liabilities for any claims and damages 86 DocuSign Envelope ID: 193C0C22-A13A-4A43-82A1-7D6FDB9A8EBE Grant Agreement No. 4600015372

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

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

D.22. INSPECTION OF BOOKS. RECORDS, AND REPORTS: During regular office hours, each of the parties hereto and their duly authorized representatives shall have the right to inspect and to make copies of any books, records, or reports of either party pertaining to this Funding Agreement or matters related hereto. Each of the parties hereto shall maintain and shall make available at all times for such inspection accurate records of all its costs, disbursements, and receipts with respect to its activities under this Funding Agreement.

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

D.23. INSPECTIONS OF PROJECT BY STATE: State shall have the right to inspect the work being performed at any and all reasonable times during the term of the Funding Agreement. This right shall extend to any subcontracts, and Grantee shall include provisions ensuring such access in all its contracts or subcontracts entered into pursuant to its Funding Agreement with State.

D.24. LABOR CODE COMPLIANCE: The Grantee agrees to be bound by all the provisions of the Labor Code regarding prevailing wages and shall monitor all contracts subject to reimbursement from this Agreement to assure that the prevailing wage provisions of the Labor Code are being met. Current Department of Industrial Relations (DIR) requirements may be found at: http://www.dir. ca.gov/ lcp.asp. For more information, please refer to DIR's Public Works Manual at: http://www.dir.ca.gov/ dlse/PWManualCombined.pdf. The Grantee affirms that it is aware of the provisions of section 3700 of the Labor Code, which requires every employer to be insured against liability for workers' compensation or to undertake selfinsurance, and the Grantee affirms that it will comply with such provisions before commencing the performance of the work under this Agreement and will make its contractors and subcontractors aware of this provision.

D.25. MODIFICATION OF OVERALL WORK PLAN: At the request of the Grantee, the State may at its sole discretion approve non-material changes to the portions of Exhibits A, B, and C which concern the budget and schedule without formally amending this Funding Agreement. Nonmaterial changes with respect to the budget are changes that only result in reallocation of the budget and will not result in an increase in the amount of the State Funding Agreement. Nonmaterial changes with respect to the Project schedule are changes that will not extend the term of this Funding Agreement. Requests for non-material changes to the budget and schedule must be submitted by the Grantee to the State in writing and are not effective unless and until specifically approved by the State's Program Manager in writing.

D.26. NONDISCRIMINATION: During the performance of this Funding Agreement, Grantee and its contractors or subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex (gender), sexual orientation, race, color, ancestry, religion, creed, national origin (including language use 87 DocuSign Envelope ID: 193C0C22-A13A-4A43-82A1-7D6FDB9A8EBE Grant Agreement No. 4600015372

restriction}, pregnancy, physical disability (including HIV and AIDS}, mental disability, medical condition (cancer/genetic characteristics}, age (over 40), marital/domestic partner status, gender identity, and denial of medial and family care leave or pregnancy disability leave.

Grantee and its contractors or subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Grantee and its contractors or subcontractors shall comply with the provisions of the California Fair Employment and Housing Act (Gov. Code,§ 12990.) and the applicable regulations promulgated there under (Cal. Code Regs., tit. 2, § 11000 et seq.). The applicable regulations of the Fair Employment and Housing Commission are incorporated into this Agreement by reference. Grantee and its contractors or subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement
Grantee shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Funding Agreement.

D.27. OPINIONS AND DETERMINATIONS: Where the terms of this Funding Agreement provide for action to be based upon, judgment, approval, review, or determination of either party hereto, such terms are not intended to be and shall never be construed as permitting such opinion, judgment, approval, review, or determination to be arbitrary, capricious, or unreasonable.

D.28. PERFORMANCE BOND: Where contractors are used, the Grantee shall not authorize construction to begin until each contractor has furnished a performance bond in favor of the Grantee in the following amounts: faithful performance (100%) of contract value, and labor and materials (100%) of contract value. This requirement shall not apply to any contract for less than $25,000.00. Any bond issued pursuant to this paragraph must be issued by a California-admitted surety. (Civ. Code,§ 9550, et seq.; Pub. Contract Code,§ 7103; Code Civ. Proc., § 995.311 .)
D.29. PRIORITY HIRING CONSIDERATIONS: If this Funding Agreement includes services in excess of $200,000, the Grantee shall give priority consideration in filling vacancies in positions funded by the Funding Agreement to qualified recipients of aid under Welfare and Institutions Code section 11200 in accordance with Public Contract Code section 10353.

D.30. PROHIBITION AGAINST DISPOSAL OF PROJECT WITHOUT STATE PERMISSION: The Grantee shall not sell, abandon, lease, transfer, exchange, mortgage, hypothecate, or encumber in any manner whatsoever all or any portion of any real or other property necessarily connected or used in conjunction with the Project, or with Grantee's service of water, without prior permission of State. Grantee shall not take any action, including but not limited to actions relating to user fees, charges, and assessments that could adversely affect the ability of Grantee meet its obligations under this Funding Agreement, without prior written permission of State. State may require that the proceeds from the disposition of any real or personal property be remitted to State.

D.31 . PROJECT ACCESS: The Grantee shall ensure that the State, the Governor of the State, or any authorized representative of the foregoing, will have safe and suitable access to the Project site at all reasonable times during Project construction and thereafter for the term of this Agreement.

D.32. REMAINING BALANCE: In the event the Grantee does not submit invoices requesting all of the funds encumbered under this Grant Agreement, any remaining funds revert to the State.

The State will notify the Grantee stating that the Project file is closed and any remaining balance will be disencumbered and unavailable for further use under this Grant Agreement. 88 DocuSign Envelope ID: 193C0C22-A 13A-4A43-82A 1-7D6FDB9ABEBE Grant Agreement No. 4600015372

D.33. REMEDIES NOT EXCLUSIVE: The use by either party of any remedy specified herein for the enforcement of this Funding Agreement is not exclusive and shall not deprive the party using such remedy of, or limit the application of, any other remedy provided by law.

D.34. RETENTION: The State shall withhold ten percent (10%) of the funds requested by the Grantee for reimbursement of Eligible Project Costs until the Project is completed and Final Report is approved. Any retained amounts due to the Grantee will be promptly disbursed to the Grantee, without interest, upon completion of the Project.

D.35. RIGHTS IN DATA: Grantee agrees that all data, plans, drawings, specifications, reports, computer programs, operating manuals, notes and other written or graphic work produced in the performance of this Funding Agreement shall be made available to the State and shall be in the public domain to the extent to which release of such materials is required under the California Public Records Act. (Gov. Code, § 6250 et seq.) Grantee may disclose, disseminate and use in whole or in part, any final form data and information received, collected and developed under this Funding Agreement, subject to appropriate acknowledgement of credit to State for financial support. Grantee shall not utilize the materials for any profit-making venture or sell or grant rights to a third party who intends to do so. The State shall have the right to use any data described in this paragraph for any public purpose.

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

D.37. SUSPENSION OF PAYMENTS: This Funding Agreement may be subject to suspension of payments or termination, or both if the State determines that:

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

D.38. SUCCESSORS AND ASSIGNS: This Funding Agreement and all of its provisions shall apply to and bind the successors and assigns of the parties. No assignment or transfer of this Funding Agreement or any part thereof, rights hereunder, or interest herein by the Grantee shall be valid unless and until it is approved by State and made subject to such reasonable terms and conditions as State may impose.

D.39. TERMINATION BY GRANTEE: Subject to State approval which may be reasonably withheld, Grantee may terminate this Agreement and be relieved of contractual obligations. In doing so, Grantee must provide a reason(s) for termination. Grantee must submit all progress reports summarizing accomplishments up until termination date.

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

D.41 . TERMINATION WITHOUT CAUSE: The State may terminate this Agreement without cause on 30 days' advance written notice. The Grantee shall be reimbursed for all reasonable expenses incurred up to the date of termination.

D.42. TRAVEL Travel includes the reasonable and necessary costs of transportation, subsistence, and other associated costs incurred by personnel during the term of this Funding Agreement. 89 DocuSign Envelope ID: 193C0C22-A13A-4A43-82A1-7O6FDB9A8EBE Grant Agreement No. 4600015372

Any reimbursement for necessary travel and per diem shall be at rates not to exceed those set by the California Department of Human Resources for excluded employees. These rates may be found at: https://www.calhr.ca.gov/employees/pages/travel-reimbursements.aspx.

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

D.43. THIRD PARTY BENEFICIARIES: The parties to this Agreement do not intend to create rights in, or grant remedies to, any third party as a beneficiary of this Agreement, or any duty, covenant, obligation or understanding established herein.

D.44. TIMELINESS: Time is of the essence in this Funding Agreement.

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

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

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

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

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

D.46. VENUE: The State and the Grantee hereby agree that any action arising out of this Agreement shall be filed and maintained in the Superior Court in and for the County of Sacramento, California, or in the United States District Court in and for the Eastern District of California. The Grantee hereby waives any existing sovereign immunity for the purposes of this Agreement.

D.47. WAIVER OF RIGHTS: None of the provisions of this Funding Agreement shall be deemed waived unless expressly waived in writing. It is the intention of the parties here to that from time to time either party may waive any of its rights under this Funding Agreement unless contrary to law. Any waiver by either party of rights arising in connection with the Funding Agreement shall not be deemed to be a waiver with respect to any other rights or matters, and such provisions shall continue in full force and effect. 90 DocuSign Envelope ID: 193C0C22-A13A-4A43-82A1-7D6FDB9A8EBE

EXHIBIT E

AUTHORIZING RESOLUTION
RESOLUTION NO. 1022-11-4
Grant Agreement No. 4600015372

A RESOLUTION OF THE BOARD OF DIRECTORS OF

THE INLAND EMPIRE UTILITIES AGENCY, SAN

BERNARDINO COUNTY, AUTHORIZING THE GRANT

APPLICATION, ACCEPTANCE, AND EXECUTION FOR

THE TIJRNKEY TURF TRANSFORMATION PROGRAM
WHEREAS, the Inland Empire Utilities Agency• {Agency) proposes to implement the Turnkey TurfTransformation Program;
. WHEREAS, the Agency has the legal authority and is authorized to cntc:r into a funding agreement with the State of California; and
WHEREAS, the Agency intends to upply for granl funding from the California Department of Water Resources for the Turnkey Turf Transformation Program; and NOW THEREFORE BE IT RESOLVED by the Board of Directors ofth.e inland Empire Utilities Agency as follows:

1. That pursuant and subject to aJ I of the terms and provisions of Budget Act of 2021 (Stats. 2021, Ch. 240, § 80) as amended (Stats. 2022, ch. 400, § 25), the Inland Empire Utilities Agency Board of Directors, or designee is hereby authorized and directed to prepare and file an application for funding with the Department of Water Resources, and take such other actions necessary or appropriate to obtain grant funding,.

2. The Inland Empire Utilities Agency Board of Directors, or designee is hereby authori2ed and directed to execute the funding agreement with the Department of W atcr Resources and any amendments thereto.

3. The Inland Empire Utilities Agency Board of Directors, or designee is hereby authorized and directed to submit any required documents, invoices. and reports required to obtain grant funding.

ADOPTED this I~ day ofNovcmbc:r, 2022.
•a.Municipal WrrtJ::tc Dimia
Steven J. Elie /,
President of the Inland Empire Utilities
Agency4' and of the Board of Directors thereof
91 DocuSign Envelope ID: 193C0C22-A13A-4A43-82A1-7D6FDB9A8EBE Resolution No. 2022-11-4
Page2
ATfEST:

Marco Tole
Secretary/ Treasurer of the Inland Empire
Utilities Agency• and of the Board of
Directors thereof
Grant Agreement No. 4600015372

-r,. nt-J- ·";1r;,n.,,.t i::. ·:r11fles. th.at ~his tS a true ccp • , f, -,r 7 r 1t1e p~rm3r,er:t mcord.3
ct rtie A~ncy n.,s $1:tmp mus-'. '>e ,n , ,r tu .nk t..') C011$t!li;.Jte ,'i cer1ifi►!'J ():'JP ,• ;r, Jl''.1 Empiru Ut~,1'<>5 A.ga~,cy· i":r-~ W3tor Bf o,,dl /l(g/1,0~1:_ I~ 92 DocuSign Envelope ID: 193C0C22-A13A-4A43-82A1-7D6FDB9A8EBE Resolution No. 2022-l 1-4
Page3

STA TE OF CALIFORNJA )
)SS

COUNTY OF SAN BERNARDINO )
Grant Agreement No. 4600015372

I, Marco Tole, Secretaryffreasurer of the Inland Empire Utilities Age:ocy•, DO HEREBY CERTIFY that the foregoing Resolution No. 2022-11-4, was adopted at a regular Board meeting on November 16, 2022 of said Agency• by the following vote:

A YES: Cam.echo, Ei.e, Hall, Hofer, Tule
NOES: None
ABSTAIN: None
ABSENT: None
(SEAL)
• A Municipal Waicr- Di.strict
Marco Tule, Seer • /Treasurer of the
Inland Empire Utilities Agency* and of the
Board of Directors thereof
93 DocuSign Envelope ID: 193C0C22-A13A-4A43-82A1-7D6FDB9A8EBE

EXHIBIT F
Grant Agreement No. 4600015372

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

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

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

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

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

Reports and/or Products
The following items should be provided, unless already submitted as a deliverable:
• A copy of any final technical report or study, produced for or utilized in this Project as described in the Exhibit A
• Electronic copies of any data collected, not previously submitted • Discussion of problems that occurred during the work and how those problems were resolved • Final project schedule showing actual progress versus planned progress as shown in Exhibit C
94 DocuSign Envelope ID: 193C0C22-A13A-4A43-82A1-7D6FDB9A8EBE Grant Agreement No. 4600015372

Additional information that may be applicable for implementation projects includes the following:
• Record drawings
• Final geodetic survey information
• Project photos
Cost & Disposition of Funds
A list showing:
• Summary of Project costs including the following items:
o Accounting of the cost of project expenditure;
o Include all internal and external costs not previously disclosed (i.e., additional cost share); and
o A discussion of factors that positively or negatively affected the project cost and any deviation from the original Project cost estimate.

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

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

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

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

Reports and/or products
• Header including the following:
o Grantee Name
95 DocuSign Envelope ID: 193C0C22-A13A-4A43-82A1-7O6FDB9A8EBE o Implementing Agency (if different from Grantee)
o Grant Agreement Number
o Project Name
o Funding grant source
o Report number
• Post-Performance Report schedule
Grant Agreement No. 4600015372

• Time period of the annual report (e.g., January 2018 through December 2018) • Project Description Summary
• Discussion of the project benefits
• An assessment of any differences between the expected versus actual project benefits as stated in the original application. Where applicable, the reporting should include quantitative metrics (e.g., new acre-feet of water produced that year, etc.). • Summary of any additional costs and/or benefits deriving from the project since its completion, if applicable.
• Any additional information relevant to or generated by the continued operation of the project. 96 DocuSign Envelope ID: 193C0C22-A13A-4A43-82A1-7D6FDB9ABEBE

EXHIBITG
Grant Agreement No. 4600015372

REQUIREMENTS FOR DATA SUBMITTAL
Surface and Groundwater Quality Data:

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

Surface water quality monitoring data shall be prepared for submission to the California Environmental Data Exchange Network (CEDEN). The CEDEN data templates are available on the CEDEN website. Inclusion of additional data elements described on the data templates is desirable. Data ready for submission should be uploaded to your CEDEN Regional Data Center via the CEDEN website. CEDEN website: http://www.ceden .org.

If a project's Work Plan contains a groundwater ambient monitoring element, groundwater quality monitoring data shall be submitted to the State for inclusion in the State Water Resources Control Board's Groundwater Ambient Monitoring and Assessment (GAMA) Program Information on the GAMA Program can be obtained at:
https://www.waterboards.ca.gov/water issues/programs/gama/. If further information is required, the Grantee can contact the State Water Resources Control Board (SWRCB) GAMA Program. A listing of SWRCB staff involved in the GAMA program can be found at:
https://www. wate rboards. ca. gov /water issues/program s/gama/contact. shtm I.

Groundwater Level Data
For each project that collects groundwater level data, the Grantee will need to submit this data to DWR's Water Data Library (WDL}, with a narrative description of data submittal activities included in project reports, as described in Exhibit F, "Report Formats and Requirements." Information regarding the WDL and in what format to submit data in can be found at:
http://www.water.ca.gov/waterdatalibrary/.
97 DocuSign Envelope ID: 193C0C22-A13A-4A43-82A1-7D6FDB9ABEBE

EXHIBIT H
Grant Agreement No. 4600015372

STATE AUDIT DOCUMENT REQUIREMENTS FOR THE GRANTEE
The following provides a list of documents typically required by State Auditors and general guidelines for the Grantee. List of documents pertains to both State funding and the Grantee's Local Cost Share and details the documents/records that State Auditors would need to review in the event of this Grant Agreement is audited. The Grantee should ensure that such records are maintained for each funded project.

State Audit Document Requirements
Internal Controls

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

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

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

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

State Funding:

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

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

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

Contracts:

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

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

Invoices:

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

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

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

Cash Documents:

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

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

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

4. Bank statements showing the deposit of the receipts.

Accounting Records:

1. Ledgers showing entries for funding receipts and cash disbursements. 98 DocuSign Envelope ID: 193C0C22-A13A-4A43-82A1-7D6FDB9A8EBE Grant Agreement No. 4600015372

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

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

Administration Costs:

1. Supporting documents showing the calculation of administration costs.

Personnel:

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

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

1. All supporting documentation maintained in the project files.

2. All Grant Agreement related correspondence.
99 DocuSign Envelope ID: 193C0C22-A13A-4A43-82A1-7D6FDB9ABEBE

EXHIBIT I
Grant Agreement No. 4600015372

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

Local Project Sponsor Agency Designation
Sponsored Project: Project 1: Turnkey Turf Transformation Project Sponsor Agency: Inland Empire Utilities Agency (IEUA)
Agency Address: 6075 Kimball Ave.

Project Location: Chino, CA 91708 (38.1234456, -121.123456) 100
DocuSign Envelope ID: 193C0C22-A 13A-4A43-82A 1-7D6FDB9A8EBE

EXHIBIT J

APPRAISAL SPECIFICATIONS
Grant Agreement No. 4600015372

For property acquisitions funded by this Grant Agreement, the Grantee shall submit an appraisal for review and approval by the Department of General Services or DWR's Real Estate Branch prior to reimbursement or depositing State funds into an escrow account. This information should be submitted at least 90 days prior to a reimbursement request to account for review time. All appraisal reports, regardless of report format, shall include all applicable Appraisal Specifications below.

Appraisals for a total compensation of $150,000 or more shall be reported as a Self-Contained Appraisal Report. Appraisals for a total compensation of less than $150,000 may be reported as a Summary Appraisal Report, which includes all information necessary to arrive at the appraiser's conclusion. Appraisal Specifications 14, 16, 21, 23-25, and 28 shall be a narrative analysis regardless of the reporting format.

1. Title page with sufficient identification of appraisal assignment.

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

3. Table of contents.

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

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

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

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

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

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

10. For large, remote or inaccessible parcels, provide aerial photographs or topographical maps depicting the subject boundaries.
11 . Three (3) year subject property history, including sales, listings, leases, options, zoning, applications for permits, or other documents or facts that might indicate or affect use or value.

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

13. Regional, area, and neighborhood analyses. This information may be presented in a summary format.
101
DocuSign Envelope ID: 193C0C22-A13A-4A43-82A1-7D6FDB9A8EBE Grant Agreement No. 4600015372

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

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

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

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

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

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

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

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

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

22. All approaches to market value applicable to the property type and in the subject market.

Explain and support the exclusion of any usual approaches to value.

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

24. Photographs and plat maps of comparable properties. 102
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25. In-depth discussion of comparable properties, similarities and differences compared to the subject property, adjustments to the comparable data, and discussion of the reliability and credibility of the data as it relates to the indicated subject property value. Improved comparable sales which are used to compare to vacant land subject properties shall include an allocation between land and improvements, using methodology similar to methodology used in item 16 above to estimate improvement value when possible, with an explanation of the methodology used.

26. Comparable data sheets.
a. For sales, include information on granter/Grantee, sale/recordation dates, listed or asking price as of the date of sale, highest and best use, financing, conditions of sale, buyer motivation, sufficient location information (street address, post mile, and/or distance from local landmarks such as bridges, road intersections, structures, etc.}, land/site characteristics, improvements, source of any allocation of sale price between land and improvements, and confirming source.
b. For listings, also include marketing time from list date to effective date of the appraisal, original list price, changes in list price, broker feedback, if available. c. For leases, include significant information such as lessor/lessee, lease date and term, type of lease, rent and escalation, expenses, size of space leased, tenant improvement allowance, concessions, use restrictions, options, and confirming source. When comparing improved sales to a vacant land subject, the contributory value of the improvements shall be segregated from the land value.

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

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

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

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

31. Implied dedication statement.

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

33. Discussion of any departures taken in the development of the appraisal. 103
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34. Signed Certification consistent with the language found in Uniform Standards of Professional Appraisal Practice.

35. If applicable, in addition to the above, appraisals of telecommunication sites shall also provide:
a. A discussion of market conditions and trends including identification of the relevant market, a discussion of supply and demand within the relevant market area and a discussion of the relevant market factors impacting demand for site acquisition and leasing within the relevant market area.
b. An analysis of other leases comparable to subject property. Factors to be discussed in the analysis include the latitude, longitude, type of tower, tower height, number of rack spaces, number of racks occupied, placement of racks, power source and adequacy, back-up power, vault and site improvements description and location on site, other utilities; access, and road maintenance costs.
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EXHIBIT K
Grant Agreement No. 4600015372

INFORMATION NEEDED FOR ESCROW PROCESSING AND CLOSURE
The Grantee shall provide the following documents to the State Project Representative during the escrow process. Property acquisition escrow documents shall be submitted within the term of this Grant Agreement and after a qualified appraisal has been approved. • Name and Address of Title Company Handling the Escrow • Escrow Number
• Name of Escrow Officer
• Escrow Officer's Phone Number
• Dollar Amount Needed to Close Escrow
• Legal Description of Property Being Acquired
• Assessor's Parcel Number(s) of Property Being Acquired • Copy of Title Insurance Report
• Entity Taking Title as Named Insured on Title Insurance Policy • Copy of Escrow Instructions in Draft Form Prior to Recording for Review Purposes • Copy of Final Escrow Instructions
• Verification that all Encumbrances (i.e., Liens, Back Taxes, and Similar Obligations) have been Cleared Prior to Recording the Deed to Transfer Title
• Copy of Deed for Review Purposes Prior to Recording
• Copy of Deed as Recorded in County Recorder's Office
• Copy of Escrow Closure Notice
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EXHIBIT L
Grant Agreement No. 4600015372

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

Project Monitoring Plan Requirements
The Project Monitoring Plan shall contain responses to the following questions:
• What are the anticipated project physical benefits?
• What are the corresponding numeric targets for each project benefit? • How will proposed numeric targets be measured?
• What are baseline conditions?
• When will the targets be met (e.g., upon project completion, five years after completion)? • How often will monitoring be undertaken (e.g., monthly, yearly). • Where are monitoring point locations (e.g., meter located at. .. , at stream mile ... )? Include relevant maps.
• How will the project be maintained (e.g., irrigation, pest management, weed abatement)? • What will be the frequency and duration of maintenance proposed activities? • Are there any special environmental considerations (e.g., resource agency requirements, permit requirements, CEQA/NEPA mitigation measures)?
• Who is responsible for collecting the samples (i.e. , who is conducting monitoring and/or maintenance)?
• How, and to whom, will monitoring results be reported (e.g., paper reports, online databases, public meetings)?
• What adaptive management strategies will be employed if problems are encountered during routine monitoring or maintenance?
• What is the anticipated life of the project?
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EXHIBITM
Grant Agreement No. 4600015372

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

Administration Charges
Indirect and General Overhead (i.e., indirect overhead) charges are not an allowable expense for reimbursement. However, administrative expenses that are apportioned directly to the project are eligible for reimbursement. Cost such as rent, office supplies, fringe benefits, etc. can be "Direct Costs" and are eligible expenses as long as:
• There is a consistent, articulated method for how the costs are allocated that is submitted and approved by the Grant Manager. The allocation method must be fully documented for auditors.
• A "fully-burdened labor rate" can be used to capture allowable administrative costs. • The administrative/overhead costs can never include:
o Non-project specific personnel and accounting services performed within the Grantee or an LPS' organization
o Generic markup
o Tuition
o Conference fees
o Building and equipment depreciation or use allowances • Using a general overhead percentage is never allowed
Labor Rates
The Grantee must provide DWR with supporting documentation for personnel hours (see personnel billing rates letter in example invoice packet). The personnel rate letter should be submitted to the DWR Grant Manager prior to submittal of the first invoice. The supporting documentation must include, at a minimum, employee classifications that will reimbursed by grant funds and the corresponding hourly rate range. These rates should be "burdened"; the burdened rate must be consistent with the Grantee's/Local Project Sponsors standardized allocation methodology. The supporting documentation should also provide an explanation of what costs make up the burdened rate and how those costs were determined. This information will be used to compare against personnel hours summary table invoice back up documentation. Periodic updates may be needed during the life of the grant which would be handled through a revised billing rate letter. 107
DocuSign Envelope ID: 193C0C22-A13A-4A43-82A1-7O6FDB9A8EBE Exhibit 2 Guidance for Grantees for Addressing the Requirements of AB 1755 (Open and Transparent Water Data Act)
What is AB 1755?
The Open and Transparent Water Data Act (Assembly Bill [AB] 1755, Stats. 2016, ch. 506) was adopted with the goal of improving water resources management through the development of a state-wide open source (i.e. freely available and non-proprietary) data platform that integrates existing water and ecological data. AB 1755 requires the Department of Water Resources, in consultation with the California Water Quality Monitoring Council, the State Water Resources Control Board, and the California Department of Fish and Wildlife, to create, operate, and maintain the data platform; and to develop protocols for data sharing, documentation, quality control, public access, and promotion of open-source platforms and decision support tools related to water data.

Who needs to comply with AB 1755?
Any recipient of state funds through a grant or contract for projects or research relating to the improvement of water or ecological resources must adhere to the protocols developed under AB 1755 (see note below). Failure to adhere to these protocols shall result in the loss of any state funds awarded to grantees. Grantees and Local Project Sponsors (LPS) whose projects generate any water or ecological data (e.g. surface and groundwater quality, groundwater levels, water transfers and exchanges, toxicity, bioassessments, etc.) must comply with AB 1755's protocols.

How do grantees (and LPSs as applicable) comply with AB 1755's requirements? A grantee or LPS must provide their data in the accessible/compatible format to the relevant state program so that the data can be published on the open data platform. For most grantees and LPSs this is the equivalent of the requirements already set forth in your Proposition 1 Implementation Grant Agreement requirements found in "Exhibit G - Requirements for Data Submittal." Simply put, the data generated by the IRWM-funded projects must be submitted in a format compatible with the California Environmental Data Exchange Network (CEDEN), California Statewide Groundwater Elevation Monitoring (CASGEM), and Groundwater Ambient Monitoring and Assessment Program (GAMA). IRWM Grantees and LPS with projects that monitor and collect data will fall under one or more of the following three data type scenarios.

1. Data for CEDEN. Data compatible with CEDEN will also address AB 1755 requirements for data submittal (Water Code,§ 12415(b)(2)). In this instance submitting the data to CEDEN per the requirements of Exhibit G will address AB 1755's requirements.

2. Data for CASGEM and GAMA. Data for groundwater level monitoring (CASGEM) and groundwater quality monitoring (GAMA) submitted in accordance with Exhibit G to the appropriate database will meet AB 1755's requirements. The Department of Water Resources is currently working on these protocols for CASGEM, and the State Water Resources Control Board is doing so for GAMA. Contact these agencies (see Exhibit G for contact information) to see if there is any change at this time in how data is submitted.

February 2021
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3. Data not Included in the above. Contact the applicable state programs for any water environmental data not accounted for in the programs listed in Exhibit G.

Note:

Please note that all recipients of state funding have legal responsibility to comply with the requirements of the Open and Transparent Water Data Act (Water Code,§ 12406.) While development of AB 1755's protocols is still in its early stages of state-wide implementation, the Protocols for Assembly Bill 1755, the Open and Transparent Water Data Act contains initial minimum protocols that will support its early implementation. This document, any changes to these protocols, or other announcements concerning the development of AB1755's protocols shall be posted on DWR's AB1755 page found here: https://water.ca.qov/ab1755. 2 February 2021
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DocuSign Envelope ID: 193C0C22-A13A-4A43-82A1-7D6FDB9A8EBE Exhibit 3 Priority
Properties Partner City Zip Code Sq/Ft Subtype Retail Agency 1 Calleguas Port Hueneme 93041 20,826 City Hall City of Port Hueneme 1 Calleguas Oxnard 93030 25,275 Utility City of Oxnard
1 Calleguas Port Hueneme 93041 77,315 Park City of Port Hueneme 1 Calleguas Oxnard 93033 43,950 Utility City of Oxnard
1 Calleguas Simi Valley 93063 175,800 City Hall Golden State Water Company 1 Calleguas Oxnard 93030 35,627 City Hall City of Oxnard Landscape Maintenance District (median/road
1 Calleguas Oxnard 93033 6,784 surrounding areas) City of Oxnard Landscape Maintenance District (median/road
1 Calleguas Oxnard 93033 3,732 surrounding areas) City of Oxnard Landscape Maintenance District (median/road
1 Calleguas Oxnard 93033 10,081 surrounding areas) City of Oxnard 1 Las Virgenes Westlake Village 91361 35,631 Median City of Westlake Village 2 Las Virgenes Westlake Village 91362 40,591 Median City of Westlake Village 1 Upper District Baldwin Park 91706 560 School Valley County 2 Upper District Temple City 91780 1,980 Museum Sunny Slope Water Co. 1 Upper District Baldwin Park 91706 2,230 School Valley County 1 Upper District Baldwin Park 91706 2,770 School Valley County 1 Upper District Baldwin Park 91706 3,700 School Valley County 1 Upper District Baldwin Park 91706 3,7SO School Valley County 1 Upper District Baldwin Park 91706 3,835 School Valley County 1 Upper District Baldwin Park 91706 4,870 School Valley View Mutual Water 2 Upper District Covina 91724 5,000 Utility Covina
1 Upper District Baldwin Park 91706 5,770 School San Gabriel Valley Water 1 Upper District Baldwin Park 91706 5,800 School Valley County 1 Upper District Baldwin Park 91706 5,820 School Valley County 2 Upper District Monrovia 91016 6,000 Park Monrovia
1 Upper District Baldwin Park 91706 6,275 School Valley County 1 Upper District Baldwin Park 91706 6,300 School Valley County 1 Upper District Baldwin Park 91706 6,340 School Valley Countv 2 Upper District Duarte 91010 9,000 Park Cal American Water 1 Upper District Baldwin Park 91706 9,295 School Valley County 1 Upper District Baldwin Park 91706 11,700 School Valley County 2 Upper District Baldwin Park 91706 13,810 City Hall Valley County 2 Upper District Covina 91722 15,000 Park Covina
1 Upper District Baldwin Park 91706 15,180 School Valley County 1 Upper District Baldwin Park 91706 15,815 School San Gabriel Valley Water 1 Upper District Baldwin Park 91706 16,708 School San Gabriel Valley Water 1 Upper District Baldwin Park 91706 17,400 School Valley County 1 Upper District Baldwin Park 91706 22,260 School Valley County 1 Upper District Baldwin Park 91706 36,750 School Valley County 2 Upper District Monrovia 91016 66,275 Library Monrovia 1 IEUA Rancho Cucamonga 91729 48,780 Park Cucamonga Valley Water District 2 IEUA Rancho Cucamonga 91730 7,579 School Cucamonga Valley Water District 2 IEUA Rancho Cucamonga 91730 19,620 school Cucamonga Valley Water District 2 IEUA Rancho Cucamonga 91730 39,000 Shopping Center Cucamonga Valley Water District 1 IEUA Rancho Cucamonga 91739 80,000 Street scape Cucamonga Valley Water District 1 IEUA Fontana 92335 117,550 Medians, parkways, Streetscapes Cucamonga Valley Water District 2 IEUA Rancho Cucamonga 91737 130,000 School Cucamonga Valley Water District 2 IEUA Montclair 91763 4,469 Multi-family Monte Vista WD 2 IEUA Montclair 91763 868 Multi-family Monte Vista WO
2 IEUA Montclair 91763 1,015 Multi-family Monte Vista WO 110
DocuSign Envelope ID: 193C0C22-A13A-4A43-82A1-7D6FDB9A8EBE 2 IEUA Montclair 91763 2,023 Multi-family Monte Vista WO 1 IEUA Montclair 91763 11,549 Fire Station Monte Vista WD 1 IEUA Chino 91710 67,285 City Hall City of chino
1 IEUA Chino Hills 91709 93,862 Park City of Chino Hills 1 IEUA Ontario 91761 66,862 Airport Ontario
1 IEUA Upland 91786 34,599 Multi-family Upland
2 IEUA Upland 91786 31,337 Multi-family Upland
2 IEUA Upland 91786 69,830 Multi-family Upland
2 IEUA Upland 91786 14,234 City Hall Upland
1 IEUA Fontana 92335 30,012 Medians, parkways, Streetscapes Fontana Water Company 2 IEUA Fontana 92335 24,697 Medians, parkways, Streetscapes Fontana Water Company 2 IEUA Fontana 92337 19,023 Medians, parkways, Streetscapes Fontana Water Company 2 IEUA Fontana 92335 7,618 Medians, parkways, Streetscapes Fontana Water Company 2 IEUA Fontana 92337 18,634 Shopping Center Fontana Water Company 2 IEUA Fontana 92337 38,726 Medians, parkways, Streetscapes Fontana Water Company 111
DocuSign Envelope ID: 193C0C22-A13A-4A43-82A1-7D6FDB9ABEBE Turnkey Turf Transformation Program
Pre-Qualification Criteria for Participating Sites
Property Criteria

1. Is this a commercial, industrial, institutional, or public agency-owned property?

2. Does the property have a dedicated irrigation meter(s) (DIM) and automated irrigation controller(s)?

3. Is the site's water supplied with potable or recycled water?

4. Is the property located in an Underrepresented Community? If so, how was that determined?

5. Is the property located in a highly visible or highly trafficked location, and can it amplify the promotion of the TTTP's benefits?

6. Does the property have non-functional turf?

7. Does the property have at least five years of water-use records for DIMs?

8. Does the property owner and/or representative with
equivalent authority agree to participate in a public relations campaign promoting the TTTP?

9. Does the property owner and/or representative with
equivalent authority understand that before landscape
services are implemented, the site will undergo a California Environmental Quality Act (CEQA) review, which will
determine whether it can participate in the TTTP?

10. Does the property owner and/or representative with
equivalent authority understand that new landscaping may include compost to enhance soil quality and plant health, increase water savings, and align with respective cities' ordinances and best practices standards?
Page I
Check or Describe
Exhibit 4
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11. Does the property owner and/or representative with
equivalent authority understand that landscape work
completed under the TTIP is designed to be a permanent
change?

12. Does the property owner and/or representative with
equivalent authority agree to properly maintain relandscaping and irrigation components to ensure optimal water efficiency, and understand that compromise of these efforts may require the site owner to reimburse and return grant funding?

13. Does the property owner and/or representative with
equivalent authority understand that major changes to the permanent landscape work of the TTTP may require the site owner to reimburse IEUA for grant funding received from TITP?

14. Does the property owner and/or representative with
equivalent authority understand the project may be selected for an on-site visit at any time, and access to the area transformed must be provided?

15. Does the property owner and/or representative with
equivalent authority agree their water use consumption data, pre-and post-service photos, and other relevant information may be shared with the Parties as required to fulfill the need~ of the Grant?

16. Does the property owner and/or representative with
equivalent authority agree that by participating in the TTTP, information shared with IEUA may be subject to disclosure to requesting parties pursuant to the California Public Records Act?

17. Does the property owner and/ or representative with equivalent authority agree to a redesigned landscaping that conforms with standards for water usage that conforms with the respective cities' ordinances and best practices standards for commercial, industrial, institutional, or public agencyowned properties?

18. Does the property owner and/or representative with
equivalent authority agree to include stormwater retention features?

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19. Does the property owner and/or representative with
equivalent authority understand that a reduced water bill is not guaranteed?

20. Does the property owner and/or representative with
equivalent authority understand that the services provided as part of the TITP will not be taxed? However, any additional work done outside the scope of the TTTP may be subject to taxes if utility-sponsored rebates or other similar
interventions are involved.

21. Will the property owner and/or representative with equivalent authority sign an agreement that will waive and release the Parties and their contractors or agents from any and all claims and causes of action arising out of the installation and use of services, products, and devices pursuant to the ITTP?

22. Does the property owner and/or representative with
equivalent authority understand that indicating interest in the TTTP does not guarantee that the proposed property will ultimately be selected to participate in the Program?

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