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HomeMy WebLinkAbout23-50 Resource Central Slow the Flow Irrigation Audit Program 04-26-2023RESOLUTION NO.23-50 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO APPROVING AN AGREEMENT BETWEEN THE TOWN OF FIRESTONE AND RESOURCE CENTRAL FOR A SLOW THE FLOW IRRIGATION AUDIT PROGRAM AGREEMENT WHEREAS, over half of all residential water usage is provided for landscaping purposes which results in a short-term peak seasonal use that not only places a burden upon water providers but is of great concern given the increasing depletion of water resources; and WHEREAS, given the inefficiency of many irrigation systems, there is a significant opportunity to both conserve water and enhance its associated landscape; and WHEREAS, Resource Central addresses these concerns by providing audits of irrigation systems and educating users in best management practices, all of which benefits the entire community by reducing water demand during peak hours, avoids additional costs to water providers and water users while also providing healthy landscapes. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: The Slow the Flow Irrigation Audit Program Agreement between the Town of Firestone and Resource Central is approved in substantially the same form as the copy attached hereto and made a part of this resolution and the Mayor is authorized to execute the Agreement on behalf of the Town. INTRODUCED, READ AND ADOPTED this 26"' day of April, 2023. TOW>40F FIRF,SITONE, COLORADO R o Drew Alan Peterson, Mayor ATTEST: c�UN7't M' una Gonzalez, Deputy Town Clerk APPROVED A TO FORM: ay own Attorney DocuSign Envelope ID: 9CA5B365-BOED-49DF-9A70-B09E4936C914 SLOW THE FLOW IRRIGATION AUDIT PROGRAM AGREEMENT THIS Slow the Flow Irrigation Audit Program Agreement ("Agreement's is made on APnL'-""— ("Effective Date', by and between Resource Central and the Town of Firestone, a Colorado statutory municipality ("Utility Partner' (each individually a "Party," or collectively "Parties"). Recitals 1. WHEREAS in most communities across the westem United States, over half of all residential water is consumed outdoors, primarily for watering turf landscapes. Outdoor water use typically occurs during a short 3-4 month season, resulting in very high peak seasonal usage, and correspondingly high demands on most water providers. Although outdoor water use is water - intensive, there is significant potential for water savings because generally there is a great deal of inefficiency in most irrigation systems; 2. WHEREAS increasing irrigation system efficiency and teaching property owners and responsible parties ("Customers') about best management practices has many positive benefits for the Utility Partner prouder, the homeowner, the community, and the environment- Not only can this reduce the demand for water during peak service hours and help avoid unnecessary costs to the Utility Parmer and community, it can also result in greater cost effectiveness for the Customer, and provide them with the knowledge to have a healthier landscape; 3. WHEREAS to provide these benefits for Utility Partner's water customers, Utility Partner wishes to engage Resource Central to organize and conduct the Slow the Flow Irrigation Audit program ("Program") for the term specified in Section III in partnership with Utility Partner; and 4. WHEREAS Resource Central entered into a separate agreement with Northern Water, who will be responsible for a portion of the Program costs. NOW THEREFORE, in consideration ofthe terms and conditions contained herein and other good and valuable consideration the PardesWgreeasfolio tvs I. Program Obligations A. Resource Central Obligations Resource Central shall provide the services described in the Slow the Flow Irrigation Audit Program Scope and Conditions of Work, attached hereto as Attachment A ("Sentices'�. B. Utility Partner Obligations 1. Work Order and Obligations. Utility Partner shall complete the Work Order and Obligations, attached hereto as Attachment B, no later than the time the Agreement is completed and returned to Resource Central or Friday, April 28, 2023, whichever comes first. In the Work Order and Obligations, Utility Partner shall identify the precise nature of services requested, including but not limited to: the number and type of Customers who may participate in the Program, and whether Utility Partner wishes to implement a prioritization system for Customer participation. Utility DocuSign Envelope ID: 9CA5B365-BOED-49DF-9A70-B09E4936C914 Partner shall also comply with all obligations specified in the Work Order Obligations. 2. Marketing and Publicity. Utility Partner shall be responsible for publicizing the availability of the Program to its Customers in at least one round of marketing. Efforts to publicize the Program to its Customers may include, but are not limited, to advertising media such as the Utility Partner's bill inserts, website, social media, newsletter, and direct mailing. If only one round will. take place, the marketing must be in the form of a water bill insert. Resource Central will develop a marketing toolkit containing these promotional templates and individual advertisement components for the Utility Partner to use. Resource Central will supply a recommended marketing calendar and template, which will list the recommended dates and media type(s) for the Utility Partner to disseminate marketing materials using the marketing toolkit. Advertising content may be created by either Resource Central or Utility Partner; however, Utility Partner must use the toolkit components (i.e., verbiage, logos, photographs) for Program advertisements and all efforts must be approved by Resource Central prior to publishing. All marketing toolkit contents are property of Resource Central and are to be used exclusively to advertise and promote its programming. If Resource Central determines sufficient demand exists, despite all rounds of advertising having not been completed, Resource Central may waive the requirement that Utility Partner conduct an additional advertising round. Resource Central shall provide Utility Partner with notice of any such waiver in writing. For the purposes of communication regarding program marketing and outreach, Resource Central requests the contact information of a designated marketing point of contact. The person(s) named below is designated Utility Partner's representative(s) for marketing efforts. For Utility Partner: Julie Pasillas Director of Public Works Town of Firestone 9950 Park Ave, Firestone, CO 80504 303-531-6258 j pasillas@fires toneco.gov II. Price, Payment Amount, and Billing Procedure A. Payment of Program Price. Utility Partner shall pay Resource Central the program price, pursuant to the Slow the Flow Irrigation Audit Program Payment Schedule and Terms, attached hereto as Attachment C. Ill. Term A. Terrn of Agreement. The Term of this Agreement commences on the Effective Date and tenninates on December 31, 2023, or on the date the Agreement: is earlier terminated, as provided herein. DocuSign Envelope ID: 9CA56365-BOED-49DF-9A70-609E4936C914 IV. General Provisions A. Record -Keeping Requirements. Both Resource Central and Utility Partner shall maintain all records, documents, communications, and other material that pertain to this Agreement ("Records") for a period of three (3) years from the date of final payment under this Agreement, unless Resource Central or Utility Partner requests that the records be retained for a longer period. Resource Central and Utility Partner each shall provide access to such Records to the other during normal business hours for review and copying. B. No Delegation. Except as otherwise provided, the Parties' duties and obligations shall not be assigned, delegated, or subcontracted except with the express prior written consent of the other Party. All subcontractors shall be subject to the requirements of this Agreement. C. Indemnification To the extent permitted by law, Utility Partner, on behalf of itself and its successors and assigns, agrees to indemnify, defend, and hold harmless the Resource Central, its officers, directors, and employees, contractors, and volunteers from and against losses, liabilities, expenses, and costs, including, without limitation, reasonable attorney's fees and costs, arising out of (i) the negligent performance under this Agreement by Utility Partner or any person employed by or acting on behalf of Utility_ Partner; or (n) any injury to persons or property to the proportional extent caused by the negligent or intentional acts or omissions of Utility Partner, or any person employed by or acting on behalf of Utility Partner, during the performance of Services under this Agreement. Nothing herein shall be deemed a waiver of the rights, protections, immunities, and limitations granted Utility Partner in accordance with the Colorado Governmental Immunity Act C.R.S. 24-10-101 et seq, as same may be amended from time to time. To the extent allowed by law, Resource Central, on behalf of itself and its successors and assigns, agrees to shall hold harmless and indemnify Utility Partner, its officers, directors, and employees, and contractors from and against losses, liabilities, expenses, and costs, including, without htnitation, reasonable attorney's fees and costs, arising out of (i) the negligent performance of Services under this Agreement by Resource Central or any person employed by or acting on behalf of Resource Central; or (i) any injury to persons or property to the proportional extent caused by the negligent or intentional acts or omissions of Resource Central, or any person employed by or acting on behalf of Resource Central, during the performance of Services under this Agreement. D. No Third -Party Rif hts. Except as otherwise provided, this Agreement shall inure to the benefit of, and be binding only upon, the Parries. No third -party beneficiary rights or benefits of any kind ate expressly or impliedly provided herein. E. Designated Representatives. For the purpose of this Agreement, the persons named below arc designated the representatives of the Parties. Unless otherwise provided in this Agreement, all notice required to be given by the Parties shall be given either by hand delivery or email, with confirmed receipt, or by registered or certified mail to the representative named below. The Parties may designate in writing to the other Party, a new or substitute representative: DocuSign Envelope ID: 9CASB365-BOED-49DF-9A70-B09E4936Cgl4 For Resource Central: Neal Lurie President Resource Central 6400 Arapahoe Road, Suite B Boulder, CO 80303 303-999-3820, x202 nluric@ResourceCenLral.org For Utility Partner: Julie Pasillas Director of Public Works Town of Firestone 9950 Park Ave Firestone, CO 80504 303-531-6258 jpasilIaS@firestoneco.gov F. Default and Remedies. If either Party fails to comply with this Agreement, the other Party shall provide written notice specifying the breach, and the breacling Party shall be allowed thirty (30) days to cure, or such longer period as agreed to by the Parties in writing if the cure will require additional time. If the breaching Party fails to cure the breach timely under this agreement, the non -breaching Parry shall have all remedies available in law or in equity. The waiver of any breach of a tern hereof shall not be construed as a waiver of any other term or the same term upon subsequent breach. G. Modifications. This Agreement is intended as the complete integration of understanding between the Parties. This Agreement. may only be modified or amended upon written mutual agreement executed by the Parties. H. Severabil t . The terms of this Agreement are severable, and should any term or provision hereof be declared invalid or become inoperative for any reason, such invalidity or failure shall not affect the validity of any other term or provision hereof. I. Exhibits. All exhibits and attachments to this Agreement shall be deemed incorporated herein by reference. J. Independent Contractor. Resource Central shall perform the Services under this Agreement as an independent contractor. The parties do not intend, nor shall it be construed that Resource Central or any Resource Central subcontractor or employee is an employee of the Utility Partner for any purposes whatsoever. K. Employee Financial Interest. The Parties aver that to their knowledge, no employee of Utility Partner has any personal or beneficial interest whatsoever in the service or property described herein. L. Legal Authority — Signatory. F.ach Party represents and warrants that it possesses the legal authority to enter into this Agreement and that it has taken all actions required by its procedures, by-laws, and applicable laws to exercise that authority, and to lawfully authorize its undersigned signatory to execute this Agreement, or any part thereof, and to bind itself to its terms. if requested by the other Party, each Party shall provide the other with proof of its authority to enter into this Agreement within 15 days of receiving such request. M. Choice of Law. Colorado law shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference that conflicts with Colorado law shall be null and void. Any provision incorporated herein by reference that purports to negate this provision in whole or in part shall not be valid or enforceable ox available in any action at law, whether by way of complaint, defense, or otherwise. Venue for a legal action relating to the interpretation, execution, or enforcement of this Agreement shall be in the District Court, Weld County, Colorado. 4 DocuSign Envelope ID: 9CA5B365-BOED-49DF-9A70-BO9E4936C914 N. Force Majeure. Neither Party shall be held liable or responsible to the other Party nor be deemed to have defaulted under or breached this Agreement for failure or delay in ftdfilling or performing any term of this Agreement due to circumstances beyond its control (generally, a "Force Majeure Event") including, but not limited to, national emergencies, unusually severe weather (including fire and flood), catastrophe, acts of God, insurrection, war, riot, epidemic, pandemic, quarantine restrictions, labor disturbances, or embargoes. The occurrence of any Force Majeure Event shall excuse either Party from performing its obligations under this Agreement. O. Intellectual Property Rights. All work product(s) created under this Agreement, by Resource Central including software, drawings, videos, manuals, survey data and related reports, charts, photographs, designs, papers, documents and copies, abstracts and summaries thereof, whether printed material, original works of authorship, electronic documents and intellectual property produced, invented, reduced to practice, or created as a result of the work performed under this Agreement ("Creations") shall he the sole property of Resource Central and may not be used, sold, licensed or disposed of in any manner without prior written approval of Resource Central. To the maximum extent permitted by applicable law, all Creations shall be deemed works made for hire under the United States copyright laws, and all right, tide, and interest in and to such work product shall vest automatically in Resource Central. P. Non -Disclosure of Confidential Material. Resource Central acknowledges that Utility Partner has made, or may make, available to Resource Central Customer records, which contain personally identifiable information (`Confidential Material"). Except as essential to Resource Central's performance under this Agreement, Resource Central shall not unless it first obtains an executed Liability Waiver and Water Records Release (Attachment D) from the water user: (a) make any disclosure of the Confidential Material to any third party; (b) duplicate or copy the Confidential Material; or (c) use the Confidential Material for any purposes outside the scope of Resource Central's performance under this Agreement. In the event Resource Central discloses Confidential Material to a third party, all personally identifiable information shall be redacted. Resource Central shall notify each person to whom any disclosure is confidential, that the Confidential Material shall he kept confidential. Q. Termination. Either Party may terminate this Agreement for any reason by providing thirty (30) days written notice to the other Party the "Termination Notice"). Utility Partner must compensate Resource Central for any work completed prior to and including the date of termination, as specified in the Termination Notice. A-2 DocuSign Envelope ID: 9CA5B365-80ED-49DF-9A70-B09E4936C914 IN WITNESS WHEREOF, each Parry has executed this Agreement or caused it to be executed on its behalf by its duly authorized representatives. Resource Central Docu3igned by: By: kA (Akt, —3CiE3iAdi^'„9Ta Name: Neal Lurie Title: President Date: 4/17/2023 A-3 Utility Partner fN Name: Drew Alan Peterson Title: Mayor Date: 6qa aL�) DocuSign Envelope ID: 9CA5B365-BOED-49DF-9A70-B09E4936C914 ATTACHMENT A SLOW THE FLOW IRRIGATION AUDIT PROGRAM SCOPE AND CONDITIONS OF WORK A-4 DocuSign Envelope ID: 9CA56365-BOED-49DF-9A70-609E4936C914 SLOW THE FLOW IRRIGATION AUDIT PROGRAM SCOPE AND CONDITIONS OF WORK I. Scope of Work A. Performance of Audits Audit Procedures. Resource Central employees ("Technicians") shall conduct site visits and evaluate the efficiency of residential and non-residential irrigation systems, as specified by Utility Partner in the Work Order and Obligations, attached hereto as Attachment C. The evaluations ("Audits") shall begin with a visual inspection of the irrigation system, which shall identify design issues, broken parts, capital improvements, and maintenance problems. The Technicians shall visually check for leaks during this time and measure the irrigable area of the property during the Audits. The Technicians shall then conduct two tests on representative zones for the irrigation systems. The tests performed measure the distribution uniformity, precipitation rate, pressure, and soil type of the zones. These tests provide the Technicians with the information necessary to make recommendations to the Customer for improving the efficiency of the irrigation systems. Due to the different characteristics of rotor heads and spray heads, the Technicians are unable to test any irrigation zones that utilize both sprays and rotors on the same circuit, otherwise known as a mixed zone. If both rotors and spray heads are utilized on the property, but in separate zones, at least one test shall be performed for each type of head. After conducting these tests, the Technicians shall develop a site -specific watering schedule for the tested zones. The watering schedule can serve as a representative schedule for zones with similar characteristics. All results and recommendations are included in a synopsis for the Customer ("Audit Report'. The Technician reviews the Audit Report with the Customer, explains additional landscape best management practices, provides horticultural resources, and makes all attempts to answer any questions the Customer may have. The Technicians shall follow up with Customers if any further clarification is needed. 2. Non -Residential Audit Procedures. In conducting non-residential property Audits, in addition to the standard Audit Procedures, the Technicians shall conduct an appropriate number of tests (25-50% of all turf zones) on each sub -property comprising the non- residential property being audited. A written report detailing problems found zone by zone as well as the results from tests conducted shall be generated and sent to the Customer within two weeks of completing the Audit. 3. Number of Technicians. Audits of residential properties shall be conducted by one Technician; Audits of non-residential properties may require the participation of two Technicians. 4. Provision of Technicians. Resource Central shall provide the Technicians necessary to perform the number of Audits requested by Utility Partner in the Work Order and Obligations. A-5 DocuSign Envelope ID: 9CA5B365-BOED-49DF-9A70-B09E4936C914 B. Customer Service and Scheduling of Audits 1. Customer Service. Resource Central shall handle all customer service issues related to the Program, including answering Customer questions and addressing any concerns. 2. Scheduline. Resource Central employees ("Schedulers") shall schedule Audits of residential and non-residential properties. 3. Provision of Schedulers. Resource Central shall provide the Schedulers necessary to schedule the number of Audits requested by Utility Partner in the Work Order and Obligations. 4. Scheduling Priority. Schedulers shall schedule Audits of residential and non-residential properties on a first -come, first -served basis, unless directed otherwise by Utility Partner in the Work Order and Obligations. 5. Reminders. if the appointment is scheduled more than two days in advance, Resource Central shall exercise due diligence in placing reminder phone calls or emails. 6. Coordinating Appointments for Non -Residential Audits. Once a non-residenral Customer has requested an audit, Schedulers will work with the Customer to coordinate an appointment time for the non-residential audit. To avoid gaps in the schedule or having to unnecessarily waidist interested properties, deadlines to coordinate appointment times for non-residential properties may be imposed by the Scheduler on any non-residential properties. If the deadline is not met, the Scheduler shall move the property to the bottom of the request list and shall begin working with another property. This provides an incentive for efficient and timely communication between all parties involved. C. Number and Type of Audits to be Completed 1. Allocation of Audits. Pursuant to Section I.B.2 of the Slow the Flow Irrigation Audit Program Agreement, Utility Partner may allocate a set number of Audits toward residential and non-residential properties in the Work Order and Obligations. 2. Re -Allocation of Audits by Resource Central. If the demand to complete the number of Audits for a specific property type is not sufficient, but there is sufficient demand to complete the number of Audits for another property type that has been deemed eligible by Utility Partner, Resource Central has the right to transfer the allocated number of Audits to the other property, type after August 1, 2023. Resource Central shall notify Utility Partner when it appears as though this situation may occur. 3. Reasonable Efforts. Resource Central shall make all reasonable efforts to complete the maximum number of Audits agreed to. if (1) demand is higher than the contracted amount, (2) Resource Central staff is available, and (3) utility Partner approves additional funds, more Audits may be conducted. A-6 DocuSign Envelope ID: 9CA5B365-BOED-49DF-9A70-B09E4936C914 D. Program Updates 1. Demand Updates. During the course of the Program Term, Resource Central shall provide to Utility Partner updates about the Program at least every other week. 2. Updates Upon Request. Updates shall also be provided to Utility Partner within five (5) business days of any request. 3. Contents of Updates. Both regularly scheduled and requested updates shall include a summary- of Resource Central's progress in meeting its obligations under the Agreement. This includes the number of Audits completed, the number of Audits scheduled but not yet completed, and the number of Audits requested but not vet scheduled. 4. Delivery of Updates. Resource Central shall email such updates to the following address(es): jpasillas@firestoncco.gov, rroberto@firestoneco.gov E. Post -Audit Activities 1. Customer Satisfaction Surveys. After the Program Term has ended, Resource Central shall conduct a customer satisfaction survey of all property owners requesting and receiving irrigation Audits. Resource Central shall also compile and analyze the data collected from the irrigation Audits. The survey results and the data analysis shall be included in a final report detailing the Program results. Resource Central shall provide Utility Partner with this report by December 31, 2023. 2. Impact Analysis Report. Resource Central shall prepare an Impact Analysis Report. In order to prepare that report, one year after the Audit period has ended, Resource Central shall compare the pre- and post -Audit water usage of all residential Customers requesting and receiving Program Audits. Resource Central will assess their water usage over time and in comparison to climate conditions. Resource Central shall use this information to produce the Impact Analysis Report, using multiple methods of analysis along with charts and graphs to determine and analyze the water savings benefits of the Program. This analysis shall be based on methodology developed by Resource Central, which has been approved by peers in the water community, and presented at a variety of conferences. The report includes summary data, numerous types of analyses, charts, graphs, and explanatory narrative sections. To provide transparency, Resource Central shall also include anonymous residential Customer data. II. Conditions of Work 1. Responsible Adult Must be Present. Resource Central shall not perform a residential Audit unless at least one person affiliated with the property (i.e., an owner or resident), who is at least 18 years of age, is present on the premises for the duration of the Audit. Resource Central shall not perform a non-residential Audit unless the Technician(s) are able to meet with the property owner or the property owner's designee responsible for A-7 DocuSign Envelope ID: 9CA5B365-BOED-49DF-9A70-BO9E4936C914 the management of the non-residential property during the visual inspection of the property. 2. Liability Waiver Must be Signed. Resource Central shall have no obligation to conduct an Audit until the property owner to be audited has signed a Program Liability Waiver, attached hereto as Attachment D. 3. Non -enforcement of Watering Restrictions. if watering restrictions are instituted, the Audit may take place outside of the property owner's permitted watering schedule. Utility Partner agrees not to enforce any watering restrictions against the Customer or Resource Central if this occurs. A-8 DocuSign Envelope ID: 9CA5B365-BOED-49DF-9A70-B09E4936C914 ATTACHMENT B SLOW THE FLOW IRRIGATION AUDIT PROGRAM WORK ORDER AND OBLIGATIONS Im DocuSign Envelope ID: 9CA58365-BOED-49DF-9A70-B09E4936C914 SLOW THE FLOW IRRIGATION AUDIT PROGRAM WORK ORDER AND OBLIGATIONS Number of Audits Subject to Resource Central's approval and consent, Utility Partner requests that Resource Central conduct Audits for a Total Program Price of $4,900.00. Term of Program Subject to Resource Central's approval and consent, Resource Central shall conduct the Program from June 7, 2023, through October 6, 2023. Resource Central may in its sole discretion choose to extend the term of the Program. Resource Central shall provide notice of any such extension to Utility Partner in writing. Marketing and Publicity Utility Partner shall be responsible for marketing and publicizing the availability of the Program to its Customers in at least one round of marketing. Utility Partner may use any combination of the following media: bill inserts, website, social media, newsletter, and direct mailing. If only one round will take place, the marketing must be in the form of a water bill insert. A marketing toolkiy developed by Resource Central, will contain promotional templates and individual advertisement components for the Utility Partner to use. Resource Central will supply a recommended marketing calendar and template, which will list the recommended dates and media typc(s) for the Utility Partner to disseminate marketing materials using the marketing toolldt. Advertising content may be created by either Resource Central or Utility Partner; however, Utility Partner must use the aforementioned marketing toolkit. components (i.e., verbiage, logos, photographs) for Program advertisements and all efforts must be approved by Resource Centralprior to publishing. All marketing toolltit contents are property of Resource Central and are to be used exclusively to advertise and promote its programming. If Resource Central determines a sufficient number of requests exist despite all rounds of advertising having not been completed, Resource Central may waive the requirement that Utility Partner conduct an additional advertising round. Resource Central shall provide Utility Partner with notice of any such waiver in writing. Eligibility Requirements and Standard Operating Procedure Resource Central Slow die Flow Program's standard operating procedure is to allow repeats on residential appointments, i.e., previous residential participants can have another audit from a previous year. We also conduct outdoor irrigation audits on non-residential properties, such as HOAs, commercial/business, and municipal or civic properties. It is the Utility Partner's responsibility to inform Resource Central if properties or repeats are ineligible or restricted in quantity. If the Utility Partner bas any special requests outside the aforementioned standard operating procedure, please contact Elisabeth Bowman, Conservation Engagement Manager, at ebowman(d,resourceccntral.ore or 303-999-3820 ext. 210. Additional Obligations 1. Attach a sample water bill to the Work Order and Obligations. Resource Central attempts to obtain water account numbers from properties we audit. Please circle on Utility Partner's water hill which number Resource Central should retrieve. B-2 DocuSign Envelope ID: 9CA5B365-BOED-49DF-9A70-BO9E4936C914 2. If applicable, provide Resource Central with a description of watering restrictions and rebates and provide rebate forms if available. 3. Please notify Resource Central if any of the Slow the Flow Colorado paperwork is needed for a resident to receive a rebate. 4. Please notify Resource Central of any changes to watering restrictions or rebate forms as soon as they occur. 5. Please provide Resource Central with a description of any local government code provisions that may be relevant to conducting irrigation audits (such as check valve requirements, irrigation efficiency- standards, etc.). 6. Resource Central requires participants to complete a Liability Waiver and Water Records Release, attached hereto as Attachment D, before receiving an audit. This waiver declares that Resource Central may access the participant's Town of Firestone water records. Waiver is attached for Utility Partner reference. Please review the attached waiver to make sure it meets your local government's requirements for customer access of water records. If the waiver does not meet your requirements, please contact Elisabeth Bowman, Conservation Engagement Manager, at ebowmati dresourcecentral.or<* or 303-999-3820 est. 210. 7. Utility Partner shall provide Customer water records to Resource Central in the format requested by Resource Central within four (4) weeks of receiving such a request from Resource Central. DocuSign Envelope ID: 9CA5B365-BOED-49DF-9A70-B09E4936C914 ATTACHMENT C SLOW THE FLOW IRRIGATION AUDIT PROGRAM PAYMENT SCHEDULE AND TERMS C-1 DocuSign Envelope ID: 9CA5B365-BOED-49DF-9A70-609E4936C914 STOW THE PLOW IRRIGATION AUDIT PROGRAM PAYMENT SCHEDULE AND TERMS L Payment Terms A. Program Price 1. Residential Audits. Residential Audits shall be billed at a standard cost of $105.00. 2. Non -Residential Audits for Northern Water Allottees. large properties (including but not limited to HOA common areas, commercial properties, etc.) are billed at $28.88 per hour, which is 50% of die standard per hour per technician rate of 557,75. This rate includes but is not limited to travel time, conducting the visual inspection, performing tests, answering questions, and preparing the Audit Report. 3. Total Audit Price. The Total Audit Price shall be equal to the total dollar amount of Audits requested by Utility Partner in the Work Order and Obligations. Based on Utility Partner's contract of $4,900.00, the total audit price is $3,675.00, 4. Non -Refundable Deposit, The Non -Refundable Deposit offsets Resource Central's fixed costs of managing the Program and paying staff, who are hired based on the funds specified in this Agreement Based on Utility Partner's contract of $4,900.00, the Non -Refundable Deposit is $1,225,00. 5. Cost -Share with Northern Water for Non -Residential Audits. Northern Water Allottecs that elect to participate in Non -Residential Audits will pay half (500/n) of the per hour and per Technician rate of 557.75, which is $28.88. Northern Water will fully reimburse any Technician travel costs (e.g., mileage, parking) incurred in conducting the audits. 6. Total Program Price. Ufihty Partner shall pay the Total program Price, which is equal to the sum of the Non -Refundable Deposit and the fees for all completed Audits (54,900.00). B. Cancellations 1. If an Audit: is cancelled prior to the Technician arriving on site due to adverse weather conditions (i.e., lightning, heavy rain, or significant wind conditions), Utility Partner shall not be charged for the Audit and all attempts shall be made to reschedule. If weather interrupts a residential Audit that is alreadq underway and it cannot be completed at that time, Utility Partner shall be charged the agreed -upon amount as well as $63.00 per Audit Hour for the time needed to complete the Audit at a later date. Residential. Audit cancellations made with at least one (1) full business day's notice shall not be charged to Utility Partner. No-shows or cancellations of residential Audits made with less than one (1) full business days notice of the scheduled appointment shall be charged to Utility Partner at the standard rate and shall not be rescheduled unless the reason for cancellation falls within the category of an emergency situation as described below. The following events shall be considered emergencies: life- or limb -threatening medical situations, death of a friend or family member, or a major sprinkler system malfunction that would prohibit the Audit from taking place (i.e., broken mainline/backflow preventer, etc.). The sprinkler system malfunction must have occurred within 24 hours of the scheduled C-2 DocuSign Envelope ID: 9CA5B365-BOED-49DF-9A70-B09E4936C914 appointment b. Non -Residential Properties. Audit cancellations made with at least one (1) full business day's notice shall not be charged to Utility Partner. No-shows or cancellations of non-residential Audits made with less than one (1) full business day's notice of the scheduled appointment shall be charged to Utility Partner at 25% of the anticipated full billable amount based on property size and shall not be rescheduled unless the reason for cancellation falls within the category of an emergency situation as described below. The following events shall be considered emergencies: life- or limb -threatening medical situations, death of a friend or family member, or a major sprinkler system malfunction that would prohibit the Audit from taking place (i.e., broken mainline/backflow preventer, etc.). The sprinkler system malfunction must have occurred within 24 hours of the scheduled appointment II. Payment Schedule and Invoicing A. Payment Schedule. Utility Partner shall pay the Non -Refundable Program Fee within thirty (30) days of signing the Agreement. Such payment must be made by check or electronic payment (EFT) payable to Resource Central. Utility Partner shall pay for completed Audits on a monthly basis, pursuant to the Invoicing terms specified below. B. Invoicing. Resource Central shall bill Utility Partner monthly for all work completed pursuant to the Agreement. The Customers' Utility Partner -issued account numbers, when available, as well as the name of the homeowner, address of audited property, and date of Audit for that property shall be provided with the monthly invoice. Payment shall he due within thirty (30) days of the date the invoice is issued by Resource Central. Resource Central shall include on its final invoice for non-residential Audits the name and address of each Customer coordinating the Audit with Resource Central. Resource Central shall make all reasonable attempts to obtain non-residential Audit account numbers and shall include the name and type of property audited. For non-residential properties, Resource Central shall provide an accounting of the number of hours spent on site, and the number of hours spent creating the Audit report. C. Payment Deadlines. For purposes of these payment deadlines, a payment shall be deemed to have been made upon the date of its actual receipt by Resource Central. D. Payment Obligation: Utility Partner obligation to pay its invoices under this Agreement shall not be affected in any way by Northern Water's independent obligation to pay its portion of the Program costs as set forth in Resource Central's separate agreement with Northern Water. Non-payment of Program costs by Northern Water will not relieve Utility Partner of its obligation to timely pay, its invoices under this Agreement C-3 DocuSign Envelope ID: 9CA5B365-BOED-49DF-9A70-B09E4936C914 ATTACHMENT D SLOW THE FLOW IRRIGATION AUDIT PROGRAM LIABILITY XVAIVER AND WATER RECORDS RELEASE. D-I Doci-Sign Envelope ID: 9CA5B365-BOED-49DF-9A70-B09E4936C914 LIABILITY WAIVER By signing this waiver, you acknowledge that Resource Central will test the efficiency of your landscape irrigation system at your request. The testing will involve operating the landscape irrigation system through the manual valves and/or through the irrigation control clock. Resource Central may need to turn the system off during the inspection. inspection. It is the responsibility of the property owner/manager to check the irrigation control dock after the inspection to make sure it is both turned on and programmed properly. Resource Central will leave the property owner/manager with a recommended watering schedule that will likely necessitate the property owner/manager change the scheduled irrigation program on the irrigation control clock. In the case that the property owner/manager requests to have the irrigation technician change the program schedule on the irrigation control dock, it will be the property owner's/manager's responsibility to confirm that the program is scheduled for the preferred times. The property owner/manager will be responsible for monitoring the health of the landscape. Resource Central will not be held responsible for any damage to the landscape as a result of the change in the watering schedule. Printed Name: WATER RECORDS RELEASE The impacts of the Slow the Flow program are being monitored for the next 2-5 years. This requires a comparison of customer water usage histories gathered from his/her water provider. The information is used to show trends and impacts that result from the program and do not single out any individual customer's water usage history to third parties. Any information obtained relating to the individual customer will be kept anonymous and confidential by Resource Central. I am or was the utility user at: . I understand that Section 24--72--204(3) (a) (IX) of the Colorado Revised Statutes prohibits the release of my name, address, telephone number and personal financial information as a past or present user of a public utility. I hereby consent and give permission to my water provider, (please list in space provided) to release my water usage and billing information to Resource Central. I further release and hold harmless my water provider as listed above front any claim, demand, action or right of action arising out of or related to the release of my name address, and me water usage to Resource Central or which results from actions by my water provider or Resource Central relating to this program. Printed Name D-2