HomeMy WebLinkAbout24-18 Resource Central for a Lawn Replacement Program 02-14-2024RESOLUTION NO.24-18
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 LAWN
I "9W-T"M31►YIIIJR_11"7:111I
WHEREAS, Resource Central provides a Lawn Replacement Program ("Program") for
numerous municipalities which incentivizes citizens with an easy and affordable way to create
and install low-water landscapes; and
WHEREAS, the Program is of great benefit to citizens interested in the concept of a low-
water landscape but who lack the expertise, time, materials and resources to design and install a
low-water landscape on their own; and
WHEREAS, such Program is of benefit to the Town of Firestone as it both enhances
water conservation and the quality of landscape throughout the Town.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO:
The Lawn Replacement Program Agreement between Resource Central and the Town of
Firestone 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 14a' day of February 2024.
TOWN F 1: - NE, COLORADO
Drew Alan Peterson, Mayor
FII�
04
Min una Gonzalez, Interim Town Clerk 049
0.
APPROVED A 1ORM: 0G�
~C01_0
Wi 1 ay Town Attorney
DocuSign Envelope ID: 37FOC922-5AAA-48A3-B94C-C1EBE53B9643
LAWN REPLACEMENT PROGRAM AGREEMENT
THIS Lawn Replacement Program Agreement ("Agreement") is made on rbj 1 � L ) q
("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 many people are interested in the concept of a low-water landscape;
2. WHEREAS those interested in the concept of a low-water landscape are often overwhelmed by
the plant selection and design of such a landscape and the process of completing a lawn
replacement project;
3. WHEREAS those interested in the concept of a low-water landscape have limited time and
money to invest in the process of planning and designing such a landscape and removing and
disposing of lawn;
4. WHEREAS to incentivize its residents with an easy and affordable way to create and install low-
water landscapes, Utility Partner wishes to engage Resource Central to organize and conduct the
Lawn Replacement Program ("Program' for the term specified in Section III in partnership
with Utility Partner.
NOW THEREFORE in consideration of Me terms and conditions contained herein and
othergood and valuable consideration. the Parties agree as follows:
I. Program Obligations
A. Resource Central Obligations
1. Resource Central shall provide the services described in the Lawn Replacement
Program Scope and Conditions of Work, attached hereto as Attachment A
("Services'.
B. Utility Partner Obligations
1. Marketing and Publici . 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 Utility Partner's bill insert(s), 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 promotional templates
and individual advertisement components for 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. Either Resource Central or Utility
Partner may create advertising content; however, Utility Partner must use the toolkit
components (i.e., verbiage, logos, photographs) for Program advertisements and all
1 of 18
DocuSign Envelope ID: 37FOC922-5AAA-48A3-B94C-C1EBE53B9643
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 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.
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
representadve(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
jpasillas@firestoneco.gov
2. Com lete and Submit Signed Agreement and Attachments. Utility Partner shall
submit to Resource Central a signed copy of the Agreement no later than Friday,
February 16, 2024.
II. Price, Payment Amount, and Billing Procedure
A. Payment of Program Price. Utility Partner shall pay Resource Central the Total Program
Price, pursuant to the Lawn Replacement Program Payment Schedule and Terms,
attached hereto as Attachment B.
III. Term
A. Term of Agreement. The Term of this Agreement commences on the Effective Date
and terminates on December 31, 2024, or on the date the Agreement is earlier
terminated, as provided herein.
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.
2of18
DocuSign Envelope ID: 37FOC922-5AAA-48A3-B94C-C1EBE53B9643
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 (ii) 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 hold harmless and indemnify Utility Partner, its officers, directors, and
employees, and contractors from and against losses, liabilities, expenses, and costs,
including, without limitation, 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 (ii) 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 Ri hts. Except as otherwise provided, this Agreement shall inure to the
benefit of, and be binding only upon, the Parties. No third -party beneficiary rights or
benefits of any kind are expressly or impliedly provided herein.
E. Designated Representatives. For the purpose of this Agreement, the persons named
below are 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 a new or substitute
representative:
Resource Central:
Neal Lurie
President
Resource Central
6400 Arapahoe Road, Suite B
Boulder, CO 80303
303-999-3820 x202
nlurie@resourcecentr-al.org
For Utility Partner:
Julie Pasillas
Director of Public Works
Town of Firestone
9950 Park Ave
Firestone, CO 80504
303-531-6258
Pasmas@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 breaching 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
3of18
DocuSign Envelope ID: 37FOC922-5AAA-48A3-B94C-C1EBE53B9643
breach, timely under this Agreement, to the reasonable satisfaction of the non -breaching
party, the non -breaching Party shall have all remedies available in law or in equity. The
waiver of any breach of a term 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 by the Parties provided that no modification may be made to the
number of participants requested by Utility Partner, as specified in the Payment Schedule
and Terms, and guaranteed to be provided by Resource Central.
H. Severabili . 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 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 — Sigiiatc, Each 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 or 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.
N. Force Majeure. Neither Party shall be held liable or responsible to the other Party not be
deemed to have defaulted under or breached this Agreement for failure or delay in
fulfilling 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 or timely performing its obligations under this Agreement.
4o€18
DocuSign Envelope ID: 37FOC922-5AAA-48A3-B94C-C1EBE53B9643
By:
However, the occurrence of a Force Majeure Event shall not excuse the Utility Partner's
obligation under this Agreement to pay the Non -Refundable Program Fee.
O. 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: (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 made that such disclosure is made in confidence and that the
Confidential Material shall be kept confidential.
P. 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 be 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, title, and interest in and to such work product
shall vest automatically in Resource Central.
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.
IN WITNESS WHEREOF, each Party has executed this Agreement or caused it to be executed
on its behalf by its duly authorized representatives.
n `Do-c'u Signed by:
I "C�IAA� bixiL
Neal Lurie
Name:
Resource Central
Title: President
Date:
2/20/2024
Utility Partner
By:
5of18
DocuSign Envelope ID: 37FOC922-5AAA-48A3-B94C-C1EBE53B9643
ATTACHMENT A
LAWN REPLACEMENT PROGRAM
SCOPE AND CONDITIONS OF WORK
6of18
DocuSign Envelope ID: 37FOC922-5AAA-48A3-B94C-C1EBE53B9643
LAWN REPLACEMENT PROGRAM
SCOPE AND CONDITIONS OF WORK
I. Program Objective. Resource Central's Lawn Replacement Program incentivizes Utility Partner's customers
to remove high water -use landscapes and replace them with low-water alternatives including, but not limited
to, waterwise perennial gardens. The objective of the Program is to make it easier and more affordable for
Utility Partner's customers to reduce their water consumption through permanent low-water landscape
change. Once established, a waterwise perennial garden will likely use 50%-60% less water than a traditional
lawns and is likely to improve habitat and neighborhood aesthetics.
II. Customer Service and Marketing. Resource Central shall manage all customer service issues related to the
Program, including answering participant questions and addressing any concerns. Resource Central shall track
each participant's progress through the Program from application to completion.
Resource Central may design and pay for the placement of advertisements in a local newspaper, write and
disseminate press releases and public service announcements publicizing the Program, advertise the Program
in its monthly electronic newsletter, and advertise the Program in conjunction with other Resource Central
programs.
A marketing toolkit will be developed by Resource Central and will contain promotional templates and
various advertisement components for the Utility Partner's 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. Marketing toolkit contents are
proprietary and are to be used exclusively to promote Resource Central programs.
III. Educational Resources. Resource Central, at its discretion, may produce and provide various educational
materials to Utility Partner and/or its customers to help them complete successful low-water landscape
change projects. Utility Partner may also produce and disseminate educational materials. Any materials
created by Utility Partner containing Program information shall be made available to and approved
by Resource Central before publication.
IV. Pro am Design and Implementation. Resource Central shall design and implement the Program. This
includes creating and disseminating Program information and rules, providing customer service, verifying
eligibility, distributing resources, and performing physical lawn removal as requested by participants.
A. Eligible Propegy Types. The Program and associated incentives shall only be used at residential
properties by legal owners or property managers. Commercial and public properties are not eligible,
except by explicit written permission from the Utility Partner's Designated Representative.
B. Pro am A lication and QuaRfication Terms. To participate in the Program, each Utility Partner
customer must volunteer to permanently remove at least 200 square feet of existing, watered, and
maintained lawn and replace it with approved low-water landscaping. The lawn may be removed by any
method except chemical removal. Each interested participant shall submit a complete and accurate
Program application to Resource Central to verify that they meet the eligibility criteria and that their
landscape change project will result in significant water savings. In the application, each participant shall
self -certify that they are the legal owner or manager of the property at which the low-water landscape
change project will occur and that they are a current customer of the Utility Partner in good standing.
Each participant shall also provide the following. (1) their physical street address and water utility account
number; (2) the estimated amount of lawn to be removed in square feet; and (3) a "before" photo which
clearly shows the section of existing, watered, and maintained lawn to be removed. In addition, the
participant shall provide their plan to adjust their irrigation system and/or watering schedule to reduce
water consumption; and the types of materials and/or plants they will use to complete the project.
7of18
DocuSign Envelope ID: 37FOC922-5AAA-48A3-B94C-C1EBE53B9643
C. Participant Benefits. The Utility Partner shall elect to offer any combination of Program Benefits in
Attachment B section I.B to each approved participant. In their Program applications, participants shall
select which available benefits to receive that best suit their project needs. Each participant shall receive
no more than the Maximum Participant Benefit Amount as described in Attachment B section I.C.
1. Benefit I: Complimentary Waterwise Garden In A Box Kits.
a) Included Materials. If the Utility Partner elects, each approved participant may receive
no more than three (3) complimentary Garden In A Box Fits directly from Resource
Central. The cumulative total square footage of each participant's complimentary
Garden In A Box lilts shall not exceed 300 square feet or three kits. The quantity
(square footage) of the complimentary Garden In A Box kit(s) shall not exceed the
amount of lawn removed (e.g., if only 200 square feet of lawn is removed, only 200
square feet of complimentary Garden. In A Box kits are available). Each garden kit shall
include a variety of low-water starter plants in 4-inch pots; a plant--by-number design;
and a planting and care manual. Participants with functional in -ground irrigation systems
may also elect to receive a complimentary Rain Bird 1800-RETRO spray -to -drip
irrigation retrofit kit.
b) Garden Design and Procurement. As inventory permits, at least one (1) 100-square foot
waterwise garden option for frill sun and one (1) 100-square foot waterwise garden
option for partial shade shall be made available to approved participants. If necessary,
Resource Central shall select appropriate substitute plants. Resource Central shall secure
and arrange procurement of all plants from local wholesale nurseries.
c) Lawn Removal Verification. If the participant elects to remove the section of lawn on
their own (i.e., they do not hire Resource Central's Lawn Removal Service), they must
provide photographic evidence in their post -project form submission, which clearly
shows that at least 75% of the lawn in the "before" photo project area has been
successfully removed at least five (5) business days prior to picking up any
complimentary Garden In A Box kits.
d) Garden Distribution. All materials shall he picked up by approved participants at an
existing nearby Garden In A Box distribution event, as determined by Resource Central.
The garden distribution event for Utility Partner Program participants shall be
conducted during the period from May 1, 2024, to June 30, 2024, with any carry-over
gardens available for distribution in the months of August and September 2024.
Resource Central shall provide at least one staff person and one or more volunteers to
conduct the distribution event. Resource Central reserves the right to change
distribution events in good faith and in coordination with Utility Partner in the event of
a Force Majeure event. Resource Central staff and volunteers will comply with local,
state, and federal health and safety guidelines to the greatest extent possible.
2. Benefit II: Optional Lawn Removal Service Discount.
a) Discount. Each approved participant shall have the option to hire Resource Central to
perform the Lawn Removal Service as described below. If the Utility Partner selects
Benefit II, each approved participant may receive a discount of $1.50 per square foot off
the regular price of their Lawn Removal Service. The discount shall not exceed the
Maximum Participant Benefit Amount minus any complimentary Garden In A Box kits.
b) Appointment Scheduling and Staffing. All Lawn Removal Service appointments shall be
scheduled based on location, staff availability, and applicant responsiveness and
performed by Resource Central staff or reputable third -party contractors. Resource
8of18
DocuSign Envelope ID: 37FOC922-5AAA-48A3-B94C-C1EBE53B9643
Central shall provide enough staff or contractors and equipment necessary to perform
the amount of lawn removal requested by Utility Partner, to the extent feasible.
c) Lawn Removal Procedures. Resource Central shall have no obligation to conduct a lawn
removal until the property owner or property manager has signed the Lawn
Replacement Program Participant Contract (Attachment Q. Resource Central shall not
perform a residential lawn removal unless at least one person affiliated with the property
(i.e., an owner, resident, or property manager), who is at least 18 years of age, is present
on the premises at the start of the project. Lawn shall be cut to a depth of approximately
2.5 inches, or as deep as feasible depending on soil conditions, and hauled to an
appropriate disposal facility. No additional services shall be offered. Property owners or
managers shall be responsible for completing the low-water landscape project as
described in their Program application within 30 days of the Lawn Removal Service.
d) Project Size Requirements and Participant Invoicing. Resource Central reserves the right
to limit the maximum project size based on schedule availability. The minimum project
size is 200 square feet. Utility Partner will be charged a minimum of $300.00 per lawn
removal (200 square feet times $1.50 per square foot), regardless of final project size.
Participants who wish to complete Lawn Removal Service projects in excess of their
Maximum Participant Benefit Amount shall pay the outstanding balance at the standard
rate of $2.50 per square foot. Resource Central shall invoice participants for outstanding
balances and may charge the participant a non-refundable deposit. The Utility Partner
shall not be responsible for outstanding participant balances.
e) Utility Marking and Watering Restrictions. Utility line.locating and marking shall be
requested by Resource Central for each project as required by law. If Utility Partner
watering restrictions are instituted, the Lawn Removal Service and any required
operation of the irrigation system may take place outside of the property owner's
permitted watering schedule. Utility Partner agrees not to enforce any watering
restrictions against the Participant or Resource Central if this occurs. Project will be
cancelled if utility line markers are removed or tampered with by participant.
Reasonable Effort. Resource Central shall make all reasonable efforts to complete the
maximum amount of lawn removals requested. If (1) demand is higher than the
contracted amount, (2) Resource Central staff is available, and (3) Utility Partner
approves additional funds, additional lawn removal may be conducted.
D. Application Review and Approved Low -Water Landscape Types. Resource Central shallreview all
applications on a first -come, first --served basis until the Number of Participants or Total Program Price,
as described in Attachment B, has been reached. In order to be approved, each application must be
complete and clearly demonstrate significant water savings through permanent low-water landscape
change, as determined by Resource Central. Acceptable low-water landscape types include waterwise
perennial gardens (preferred); vegetable gardens; small -to -medium size patios, decks and pathways made
of impermeable material; Buffalograss (Buchloe dactyloides); other low-water grasses; clover; wildflower
meadows; rock, stone, or gravel areas (not to exceed 50% of total project area); or any other combination
thereof At least 50% plant material at full maturity is required. Artificial turf is excluded from use as a
replacement. Applications shall be rejected if they do not meet the Qualification Terms or if they do not
clearly demonstrate significant water savings. Participants may be given the opportunity to amend their
application at Resource Central's discretion.
E. Consultation. Upon application approval, each participant shall be invited by email to a 15-30 minute
phone consultation with a qualified Resource Central staff person. The purpose of this consultation shall
be to provide additional personalized water -saving information including drip irrigation retrofitting
9of18
DocuSign Envelope ID: 37FOC922-5AAA-48A3-B94C-C1EBE53B9643
advice, proper soil amending and mulching, and other low-water landscaping techniques. The
consultation shall also be used to answer participant questions, confirm participant benefits, and schedule
Garden In A Box kit pickups and/or Lawn Removal Service appointments. Additional personalized
project support may be provided to participants as deemed appropriate by Resource Central.
F. Participant Contract. Each approved participant shall sign a copy of the official Lawn Replacement
Program Participant Contract (Attachment C) after completing the consultation. In the contract, the
participant shall re -certify that they meet the following criteria: (1) the Participant is a current Utility
Partner customer in good standing; (2) Participant volunteers to physically remove and replace at least
200 square feet of existing, watered, and maintained lawn by a method of their choice except by chemical
removal; (3) Participant agrees to provide photographic evidence that clearly shows at least 75% of the
lawn in the "before" photo project area has been successfully removed at least five business days prior to
picking up any complimentary Garden In A Box nits (unless the participant contracts with Resource
Central to perform the Lawn Removal Service); (4) Participant will plant and maintain any Garden In A
Box kits that they receive as part of the Program for their full lifespan; (5) Participant will adjust their
irrigation system and/or watering habits to properly account for the new low-water landscape; and (6)
Participant will complete their landscaping project within. 30 days of removing the lawn. The participant
is considered officially accepted into the Program and may begin removing Iawn only after signing the
contract.
G. Participant Follow Up. Resource Central shall exercise due diligence in placing reminder phone calls or
emails to participants who applied to the Program but have not completed their project. Resource
Central shall also remind participants of upcoming deadlines and appointments in a timely manner.
Resource Central shall conduct a participant satisfaction survey of property owners who participated in
the Program and shall share results in aggregate with Utility Partner in a final report by December 31,
2024.
V. Demand Updates. During the course of the Program Term, Resource Central shall provide to Utility Partner
demand updates about the Program at least every other week. Updates shall also be provided to Utility
Partner within five (5) business days of any written request. Both regularly scheduled and requested updates
shall include a summary of Resource Central's progress in meeting its obligations under the Agreement
including the number of total applicants, the number of projects scheduled, and the number of projects
completed, as well as the total partner dollars spent to date.
10 of 18
DocuSign Envelope ID: 37FOC922-5AAA-48A3-B94C-C1EBE53B9643
ATTACHMENT B
LAWN REPLACEMENT PROGRAM
PAYMENT TERMS AND SCHEDULE
11 of 18
DocuSign Envelope ID: 37FOC922-5AAA-48A3-B94C-C1EBE53B9643
LAWN REPLACEMENT PROGRAM
PAYMENT TERMS AND SCHEDULE
I. Payment Terms
A. Non -Refundable Pro am Fee. The Non -Refundable Program Fee offsets Resource Central's Fixed costs
of managing the Program. This includes paying staff to develop the Program and accompanying
materials; soliciting, reviewing, and responding to applications; conducting phone consultations; and
following up with participants. The Utility Partner shall pay Resource Central a one-time, non-refundable
Program Fee of $5,000.00.
B. Available Participant Benefits. The Utility Partner elects to offer the following Participant Benefits as
described in Attachment A section N.C. Check box(es) below to indicate benefit selection.
Fx Benefit I: Complimentary low-water Garden In A Box kits, not to exceed 300 square feet or three
kits per participant or the amount of lawn removed.
Ef Benefit 11: Optional Lawn Removal Service Discount, minimum of 200 square feet paid at $1.50
per square foot ($300 minimum). Participant pays the remaining $1.00 per square foot.
C. Maximum Participant Benefit Amount. To incentivize lawn replacement and water conservation at
private homes, the Utility Partner shall pay Resource Central up to $750.00 per approved Program
participant.
D. Number of Participants. Utility Partner shall offer the Maximum Participant Benefit Amount to a
minimum of seven (7) Utility Partner Participants.
E. Total Pro am Price. Utility Partner shall pay the Total Program Price, which is equal to the Non -
Refundable Program Fee (A) plus the sum of the Maximum Participant Benefit Amount (C) multiplied
by the Number of Participants (D). The Total Program Price shall not exceed $10,250.00.
F. Water Plan Grant Matching_ Funds. Once the Total Program Price has been invoiced and assuming
demand for the program exists in the Utility/Municipal Partner service area, Resource Central will award
matching funds up to $10,250.00. The Maximum Participant Benefit Amount must remain the same
within a calendar year. Such matching funds must be used by December 31, 2026.
II. Payment Schedule, Invoicing and Deadlines
A. Monthly Invoicing. Resource Central shall invoice Utility Partner monthly for all approved participants'
complimentary Garden In A Box kits and any completed Lawn Removal Service.
1. Benefit I: Each Garden In A Box kit selected by participants will be invoiced at the retail cost
(circa $124.00-$340.00). Additional gardens may be made available at Resource Central's
discretion. Utility Partner's garden prices shall not exceed the public retail price.
2. Benefit II: Lawn Removal Service discounts wiTbe invoiced at $1.50 per square foot of lawn
removed, as measured by Resource Central staff, after the project has been completed.
Minimum charge of $300.00 per project, regardless of project size.
3. Record Keeping: The name of the homeowner, address of the property, account number,
benefit type(s), and amount of Participant Benefit received, total square footage of lawn
12 of 18
DocuSign Envelope ID: 37FOC922-5AAA-48A3-B94C-C1EBE53B9643
removed, and date of any Lawn Removal Service shall be provided with the monthly invoice
upon request.
B. Payment Schedule. Utility Partner shall pay the Non -Refundable Program Fee within thirty (30) days of
signing the Agreement. Payment for approved Program participants' Garden In A Box kits and Lawn
Removal Service discounts shall be due within thirty (30) days of the date the invoice is issued by
Resource Central. For purposes of payment deadlines, a payment shall be deemed to have been made
upon the date of its actual receipt by Resource Central. Such payment must be made by check or
electronic payment (EFI) payable to Resource Central.
13 of 18
DocuSign Envelope ID: 37FOC922-5AAA-48A3-B94C-C1EBE53B9643
ATTACHMENT C
LAWN REPLACEMENT PROGRAM
PARTICIPANT CONTRACT
14 of 18
DocuSign Envelope ID: 37FOC922-5AAA-48A3-B94C-C1EBE53B9643
RESOURCE CENTRAL
LAWN REPLACEMENT PROGRAM
PARTICIPANT CONTRACT
The following are requirements for participating in Resource CentraPs Lawn Replacement Program. Failure
to meet and maintain all of the requirements may result in your disqualification from the program. If you
receive a Lawn Removal Service discount and/or complimentary Garden In A Box or irrigation retrofit kits
as part of this program, you may be invoiced for the full retail price if you fail to maintain these requirements.
By initialing and signing this contract, you agree that:
I.Parti6pant Acknowledgements
A. You are a current water customer in good
standing and have provided an accurate utility account number with your application.
B. You voluntarily agree to permanently remove the amount of existing grass Iawn specified in your
application. You attest that the area of lawn is watered and maintained on a regular basis throughou he
growing season. You agree to remove the lawn without the use of chemicals.
C. If you do not hire Resource CentraPs Lawn Removal Service, you must agree to email Resource Central a
"during" photo which clearly shows at least 751X6 of the lawn in the project area has been successfully
removed. The photo is due at least ten (10) business days before you pick up any complimentary Garden
In A Box kits.
D. You agree to finish replacing the space with any low-water features as described in your application,
including any complimentary Garden In A Box kits which you receive. You agree to maintain any
complimentary Garden In A Box kits for their full lifespan, about seven years, or the duration of home
ownership, whichever comes first.
E. You agree that you must replace at least 50% of the removed turf area with any of the following:
waterwise perennial gardens (preferred); small -to -medium size patios and decks using permeable
materials; Buffalograss (BuchloE dactyloides); other low-water grasses; clover; wildflower meadows;
permeable rock, stone, or gravel areas or pathways; or any other combination thereof.
F. You agree that you will not install artificial/synthetic turf, impermeable concrete (patios) or similar
material, water features, invasive species, or new turf.
G. You agree to properly adjust and maintain your irrigation system and/or watering schedule to account for
the new low-water landscape features.
H. If you hire Resource Central to perform the Lawn Removal Service, you understand that:
1. The lawn will be cut to a depth of approximately 2.5 inches. In rare cases when soils are overly
compacted and dry, it may not be feasible to remove the full 2.5 inches of material. No more than 3.5
inches of grass and soil will be removed.
2. Resource Central can only guarantee removal of the amount of lawn specified in your Lawn
Replacement Program Application. Requests to remove additional lawn may be denied for any reason.
15 of 18
DocuSign Envelope ID: 37FOC922-5AAA-48A3-B94C-C1EBE53B9643
3. Resource Central may briefly test the landscape irrigation system at the address below with your
permission. The test may involve operating the Iandscape irrigation system through valves and/or the
irrigation control clock.
4. It is nearly impossible to remove some types of grass and weeds due to extremely deep and extensive
root systems. Resource Central cannot be held responsible for an lant re- owth in the 12roject area.
5. You are required to mow your lawn within 3 days of your project as well as remove pet excrement and
debris (tree branches, leaves, etc.) from the project area prior to Resource Central's arrival on site.
Resource Central reserves the right to cancel your project or charge an additional $500.00 if the
project area is not cleared in advance. Your deposit will not be refunded if your project is canceled for
failure to prepare the project area.
Participant Initials:
II. Water Records Release ,
The impacts of Resource Central's Lawn Replacement Program are being recorded and analyzed for
effectiveness. This requires a longitudinal study of participant water usage histories gathered from the
participant's water utility. The information is used in aggregate to show trends and impacts that result from
the program and do not single out any individual participant's water usage history to third parties. Any
information obtained relating to the individual participant will be kept anonymous and confidential by
Resource Central.
By initialing below, I certify that I am or was the utility user at the address listed below. I understand that
Section 24-72-204(3) (a) gX� 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,
to release my water usage and billing
information to Resource Central. I further release and hold harmless my water provider as listed above from
any claim, demand, action or right of action arising out of or related to the release of my name, address, and
my water usage to Resource Central or which results from actions by my water provider or Resource Central
relating to this program.
Participant Initials:
III. Lawn Removal Service P&=ent
If you hire Resource Central to perform the Lawn Removal Service, you must agree to the following payment
terms:
A. All Lawn Removal Service payments must be made by creditor debit card. The final project price will be
agreed upon before any work begins.
B. To secure your appointment, a 50% deposit is required, and this payment must be made by April 1, 2024.
If you pay the deposit before this date, you are eligible for a refund, but this refund option is only
available until April 1, 2024. After that date, the deposit becomes non-refundable.
C. The standard cost for the Lawn Removal Service is $2.50 per square foot. You may be eligible for a
discount from your water utility or municipality, as determined by the discount finder/eligibility tool on
the website. The minimum project size is 200 square feet, regardless of discount.
16 of 18
DocuSign Envelope ID: 37FOC922-5AAA-48A3-B94C-C1EBE53B9643
D. Resource Central staff will remove the square footage finalized during the application process. Please
note that you will be charged for the square footage you provide during your consultation. Any additional
square footage beyond the estimated amount will not be removed, nor will any lawn be removed without
your permission.
I AGREE to lire Resource Central's Lawn Removal Service
I DECLINE to hire Resource Central's Lawn Removal Service
IV, Liability Waiver
A. You represent and warrant that you are the legal owner and/or manager of the property located at the
address below. You acknowledge that it is your responsibility to comply with any and all municipal and/or
homeowners' association landscaping codes, standards, and ordinances.
B. You agree to accept full and exclusive responsibility for any additional costs related to participation in the
program without recourse to Resource Central. You assume all risk and liability for your lawn replacement
project.
C. You acknowledge that removing a portion of lawn necessitates changing the scheduled irrigation
program(s) on your control clock, if applicable. It is your responsibility to check the irrigation control
clock and valves after the Lawn Removal Service to'make sure they are turned on and programmed
properly for the new landscape features. You are responsible for watering your landscape and monitoring
the irrigation system and overall health of the landscape. Resource Central is not responsible for plants,
trees, and shrubs that are damaged due to improper watering.
D. You understand that the Affidavit of Lawful Presence as set forth in Title 24, Article 76.5 CRS is not
required for this program as its purpose is not to provide assistance for personal or family needs, i.e., a
"public benefit," but to incentivize residents to conserve water.
E. You agree that all photos and video provided as part of your participation in the program or taken during
the Lawn Removal Service will be owned by Resource Central and may be used in promotional material.
F. You understand that Colorado Senate Bill 18-167 requires locating and marking all utility lines for any and
all digging projects. If you hire Resource Central's Lawn Removal Service, a utility marking request will be
submitted to Colorado 811 on your behalf. You agree to grant access to your property and project area for
the purpose of utility locating and marking. You agree to leave marking flags and paint in place until your
Lawn Removal Service is complete. If marking flags have been removed, your appointment may be
canceled and your deposit will not be refunded. You must also inform Resource Central staff of any
known privately owned buried utility, irrigation, or similar components. Resource Central cannot be held
liable for damage to outbuildings, private utilities, irrigation, or similar underground infrastructure. If you
do NOT hire Resource Central's Lawn Removal Service, it is your responsibility to submit a utility
location request to Colorado 811.
G. If your property is covenant controlled and/or 12art of a homeowners' association HOAyou are
responsible for seeking and obtaining ro er W12roval for 3Eour landsca e change roject 12rior to starting
any work. Resource Central is not responsible for fines, fees, or penalties imposed by HOAs or similar
entities.
H. You hereby release any claims against, and hold harmless, Resource Central and its officers, agents,
employees, partners, and contractors against all liabilities, judgments, costs, and expenses arising out of, or
related to (i) the testing of the landscape irrigation system and any system malfunction during or after the
Lawn Removal Service; and (ii) physical damage to any landscape features, existing trees and plants,
17 of 18
DocuSign Envelope ID: 37FOC922-5AAA-48A3-B94C-C1EBE53B9643
and/or built structures except to the extent arising out the gross negligence or willful misconduct of
Resource Central; and (iii) physical damage to any utility lines, including phone, television, and internet
lines except to the extent arising out of gross negligence or willful misconduct of Resource Central.
Printed Name:
Physical Address:
Signature: Date:
18 of 18