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Terms and Conditions EXHIBIT 1 <br />1. Applications (inventory of devices) for the Public Agency Landscape (PAL) program must be submitted to SoCal Water$mart <br />and approved prior to the purchase and installation of your device(s). <br />2. Installations must be completed within 120 days from the issuance of the incentive. When installations are performed in <br />phases, SoCalWater$mart payments would be paid out in stages. Phased installations require separate applications. If work is <br />not completed within 120 days partnering public agency will be invoiced for the upfront funds provided and payment must be <br />received within 30 days. <br />3. Annlications must be signed by the Director of Public Works, or an individual with an equivalent position approved by SoCal <br />Water mart. Applications must include a business card for individual signing the application. Applications must provide two <br />(2) separate contacts. Vendors cannot be provided as contacts. <br />4. Participation in the Public Agency Landscape program is limited to public agencies on a first come, first served basis while <br />funding is available. The public agency must be within the Metropolitan Water District (Metropolitan) service area and must <br />be approved by Metropolitan and its respective member agency. <br />5. Upon approval of the incentive application, up -front financial assistance is provided to the partnering public agency to <br />purchase PAL Program approved water efficient devices. <br />6. Central Computer Irrigation Controllers (CCICs) must include functioning technology for automatic shutoff of broken heads, <br />valves or pipes. <br />7. The partnering public agency is responsible for procurement of devices, installation, installation costs, and maintenance of <br />devices. <br />8. The partnering public agency cannot receive additional rebates from the SoCal Water$mart rebate program for the same <br />device that is being funded through the PAL program. <br />9. A service address previously rebated through Metropolitan regional or its water agency programs is not eligible to receive up- <br />front incentives or another rebate for the same type of device. <br />10. A limit of $100,000 of Metropolitan funding applies per service address for every program year. <br />11. After completion of the installation, the partnering public agency will be required to submit sales receipts as proof of <br />purchase. Receipts must include quantity, make and model of the device(s) installed. Reconciliation between the incentives <br />funded, actual procurement, and proof of installation will take place. The partnering public agency will refund to Metropolitan <br />any unspent funds within 30 days. <br />12. All devices for which an incentive is issued are subject to an on -site installation verification inspection. If device installation <br />cannot be verified, the partnering public agency will reimburse the program for the funds received including all associated <br />processing costs. Access to the funded device(s) must be provided. <br />13. Facilities using recycled water may not qualify. Call 1-888-376-3314 to confirm eligibility prior to application submittal. <br />14. The partnering public agency Tax information and/or Tax ID number must be provided in order to receive these incentives. <br />This is in compliance with exemptions to the Federal Privacy Act of 1974, 42 UCS 405 (c)(2)(c). The Internal Revenue <br />Service requires incentive or rebate program participants receiving $600 or more in rebates to receive an IRS Form 1099 <br />unless exemptions apply. <br />15. Incentives or rebates are issued once per lifetime of the property for each eligible area. Sites may be subject to pre -inspection <br />prior to issuance of rebate. <br />16. Neither Metropolitan nor your local water utility or Retail Water Purveyor, or their contractors or agents, makes any <br />representation or warranty regarding the devices eligible for rebates or incentives under this program. By participating in the <br />PAL program, the applicant agrees to waive and release Metropolitan, the Local Water Utility or Retail Water Purveyor, and <br />their contractors or agents, from any and all claims and causes of action arising out of the purchase, installation or use of the <br />devices purchased in connection with the Rebate program. Any claim you may have based upon any defect or failure of <br />performance of a device purchased by you should be pursued with the manufacturer or distributor. <br />20A-3 <br />