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HomeMy WebLinkAbout25-23 Lawn Replacement Garden in a Box Agreement 02-26-2025AGREEMENT FOR SERVICES This Agreement is made on ("Effective Date") by and between Resource Central and the Town of Firestone ("Program Partner"), each individually referred to herein as "Party" or collectively as the "Parties." This Agreement shall govern Program Partner's participation in the following Resource Central Programs: Garden In A Box; and Lawn Replacement. Recitals 1. WHEREAS, in most communities across the western United States, over half of all residential water is consumed outdoors, primarily for watering turf landscapes. Outdoor water use typically occurs during a short 4-5 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; 2. WHEREAS, people are generally interested in the concept of a low-water landscape, but are often overwhelmed by, and have limited time and money to invest in, the plant selection and design of such a landscape; 3. WHEREAS, many are unaware that irrigation systems can benefit from simple changes such as fixing or adjusting sprinkler heads, ensuring appropriate operating pressure, and implementing an appropriate watering schedule; 4. WHEREAS, increasing irrigation system efficiency and teaching property owners and responsible parties ("Customers") about best management practices has many positive public benefits for the community and the environment; 5. WHEREAS, such benefits include reducing the demand for water during peak hours, avoiding unnecessary costs to the Customer, and reducing runoff associated with inefficient irrigation systems and improper watering practices; 6. WHEREAS, runoff contains fertilizers, oils, pesticides, dirt, bacteria and other pollutants that make their way, untreated, to storm drains and ultimately streams, rivers, lakes and the ocean. Avoiding or minimizing runoff therefore can result in improved water conservation and quality; 7. WHEREAS, Program Partner wishes to engage Resource Central to provide Customers with an easy and affordable way to learn about and install low-water landscapes; 8. WHEREAS, said engagement serves a public purpose of improving water resource efficiency by modifying personal level practices that ultimately result in reduced costs for the treatment and delivery of water. NOW THEREFORE, in consideration of the terms and conditions contained herein and other good and valuable consideration, the receipt of which is acknowledged, the Parties agree as follows: I. Program Obligations A. Resource Central Obligations Resource Central shall provide the services described in each Program's Scope and Conditions of Work, attached hereto as Attachments) A ("Scope of Work"). B. Program Partner Obligations Page 1 of 5 II. 1. Marketing and P_ ublici1y. The success of the Programs) is predicated on marketing and publicity from the Program Partner. Program Partner shall be solely responsible for marketing and publicizing the availability of the Program(s) to its Customers in multiple rounds of marketing. Program 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 sent according to the guidelines provided in the marketing toolkit calendar for each program. Refer to the Program(s) Scope and Conditions of Work, attached hereto as Attachment(s) A, Section B ("Scope of Work") for details. a. Marketing Toolkit. A marketing toollut, developed by Resource Central, will contain promotional templates and individual advertisement components for the Program 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 Program Partner to disseminate marketing materials using the marketing toolkit. Advertising content may be created by either Resource Central or Program Partner; however, Program Partner must use the aforementioned marketing 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. 2. Primary Points of Contact. For all communications regarding the Programs) and contractual matters, the Parties designate the persons named below as the primary points of contact: For Resource Central: Elisabeth D. Bowman Conservation Engagement Manager Resource Central 6400 Arapahoe Road, Ste B Boulder, CO 80303 303-999-3820 ext. 210 eboNvman@resourcecentral.org For Town of Firestone: Julie Pasillas Director of Water and Community Resources Town of Firestone 9950 Park Avenue Firestone, CO 80504 303-531-6258 j pasillas@ fire stoneco. gov 3. Complete and Submit Signed Agreement. Program Partner shall submit to Resource Central a signed copy of the complete Agreement with Attachments no later than Friday, February 14, 2025. Price, Maximum Invoice Amount, and Billing Procedure A. Payment of Programs) Price. Program Partner shall pay Resource Central the programs) price, pursuant to the Program Payment Schedule and Terms, attached hereto as Attachments) B. B. Maximum Invoice Amount. Program Partner shall be invoiced for each program individually as specified in Attachments) B. The total Price for all programs shall not exceed $14,090.00. Term A. Term of Agreement. The Term of tlis Agreement commences on the Effective Date and terminates on December 31 of the contract year, or on the date the Agreement is earlier terminated, as provided herein. Page 2 of 5 IV. General Provisions A. Record -Keeping Requirements. Both Resource Central and Program 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 Program Partner requests that the records be retained for a longer period. Resource Central and Program Partner each shall provide access to such Records to the other during normal business hours for review and copying during the Program and for the period records must be retained. B. No Assignment. 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 allowed by law, Program Partner, on behalf of itself and its successors and assigns, agrees to indemnify, defend, and hold harmless Resource Central, its officers, directors, and employees, contractors, and volunteers from and against all 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 Program Partner or any person employed by or acting on behalf of Program Partner; or (ii) any injury to persons or property to the proportional extent caused by the negligent or intentional acts or omissions of Program Partner, or any person employed by or acting on behalf of Program Partner, during the performance of Services under this Agreement. To the extent allowed by law, Resource Central, on behalf of itself and its successors and assigns, agrees to hold harmless and indemnify Program Partner, its officers, directors, 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 Rights. Except as otherwise provided, this Agreement shall inure to the benefit of, and be binding only upon, the Parties. No Hurd -parts= beneficiary rights or benefits of any End are expressly or impliedly provided herein. E. Default and Remedies. If either Party fails to comply with this Agreement, the other Parts= shall provide written notice specifhing the breach, and the breadung Parts shall be allowed thirty (30) calendar 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 Party shall have all remedies available in law or in equity. F. No Waiver. If either party hereto at any time fails to require performance by the other of any provision of this Agreement, such failure shall not affect the right to require performance at any time thereafter, nor shall the waiver of any breach of a term hereof be construed as a waiver of any prior, concurrent or subsequent breach of the same or any other term in this Agreement. G. Modifications. This Agreement is intended as the complete integration of the understanding between the Parties. This Agreement may only be modified upon written mutual agreement by the Parties. H. Severability. The terms of this Agreement are severable, and should any term or provision hereof Page 3 of 5 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. L Exhibits. All exhibits and attachments to this Agreement shall be deemed incorporated herein by reference. Should the terms of an exhibit and this Agreement conflict, the Agreement shall control. 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 Program Partner for any purposes whatsoever. K. Employee Financial Interest. The Parties aver that to their knowledge, no employee of Program Partner has any personal or beneficial interest whatsoever in the service or property described herein. L. Legal Authorit�r —Signatory. 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 fifteen (15) calendar 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, Boulder County, Colorado. N. Force Majeure. Resource Central shall not be held liable or responsible to the Program Partner nor 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 fie and flood), catastrophe, acts of God, insurrection, war, riot, epidemic, quarantine restrictions, labor disturbances, or embargoes. The occurrence of any Force Majeure Event shall excuse Resource Central from performing its obligations under this Agreement. However, the occurrence of a Force Majeure Event shall not excuse Program Partner's obligation under this Agreement to pay the Non -Refundable Deposit (For Garden In A Box Program and Water -wise Yard Seminars, a Force Majeure Event shall not excuse the Program Partner's obligation under this Agreement to pay the Program Price.) O. Intellectual Property Rights. All work product(s) created or provided under this Agreement, including but not limited to, software, drawings, videos, manuals, 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. With the exception of survey data and related reports, copies, abstracts, and summaries resulting from the Program execution which shall be jointly owned by Program Partner and Resource Central. To the maximum extent permitted by applicable law, all Creations shall be deemed works made for Page 4of5 lure under the United States copyright laws, and all right, title, and interest in and to such work product shall vest automatically in Resource Central. P. Non -Disclosure of Confidential Material. Resource Central acknowledges that Program 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 confidential, that the Confidential Material shall be kept confidential. Q. Termination. Either Party may terminate this Agreement with or without cause by providing thirty (30) calendar days written notice to the other Party ("Termination Notice"), Program Partner shall 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 ezecuted thus Agreement as of the date fast written above ("Effective Date"). Resource Central By: Name: Neal Lurie Title: President Date Signed: Town of Firestone C L� E Page: 5 of 5 RESOURCE CENTRAL GARDEN IN A BOX PROGRAM Attachment A: Scope of Work Attachment B: Payment Schedule and Terms ATTACHMENT A GARDEN IN � BOZ PROGRAM SCOPE OF WORK I. Scope of Work A. Garden Design and Discounts 1. Term of Program. Subject to Resource Central's approval and consent, Resource Central shall conduct the Program from early March through September. 2. Garden Design. Resource Central shall work with landscape designers to create at least seven (7) waterwise/low-water garden designs, which shall be made available to Program Partner Customers. Once those designs have been completed, Resource Central shall work with local nurseries to secure plants. If necessary, Resource Central shall select appropriate substitute plants. The gardens shall be assembled into kits, which shall include a design layout (including Resource Central's plant -by -number design), a variety of low-water plants, and helpful tips about water -wise gardening, including planting and maintenance instructions for all of the plants ("Garden In A Box"). 3. Discounts. Program Partner shall order, and Resource Central shall provide, a minimum of forty-eight (48) Garden In A Box $2a,vu discounts for the garden sale season. Any unused discounts during the spring sale (March June) will be carried forward into the late summer season. Resource Central shall have the equivalent number of Garden In A Box kits to fulfill the aforementioned discounts ordered by Program Partner. The kits are available for Program Partner Customers to order at die rate specified in section I.A.1 of the Payment Schedule and Terms. a. Colorado Water Conservation Board Water Plan Grant Iylatcling Funds. Based on Program Partner's contracted amount of Discounts, Resource Central will match up to that amount for the late summer sale (June - September) at no charge. These discounts are only available upon completion of contracted discounts and contingent upon demand and garden availability. In addition, any CWCB Turf Replacement Program funding allocated to Resource Central program(s) must be exhausted before Resource Central Water Plan Grant matching funds can be accessed. B. Marketing, Advertising, Customer Service, and Sales 1. Marketing and Publicity. Program Partner shall be responsible for marketing and publicizing the availability= of the Program to its Customers in multiple rounds of marketing. Program 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. 2 2. Marketing TOolkit. A marketing toolkit, developed by Resource Central, Nvm contain promotional templates and individual advertisement components for the Program 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 Program Partner to disseminate marketing materials using the marketing toolkit. 3. Toolkit Usage. Advertising content may be created by either Resource Central or Program Partner; however, Program Partner must use the aforementioned marketing 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. 4. Garden Availabilit<�. Since Garden In A Box bits are also available to the public and demand can exceed inventory, Resource Central will hold back some inventory to allow for Program Partner to market the program to its residents during the first three (3) weeks of the sale. Once all Garden In A Box inventory is released on the website, they are sold first come, first served. 5. Advertising of Program. Resource Central may design and pay for the placement of advertisements in a local newspaper or online (social media), and write and disseminate press releases and public service announcements publicizing the Program. 6. Customer Service. Resource Central shall handle all incoming phone calls and emails regarding the Program and respond to all questions. 7. Sales. Resource Central shall create and manage an online retail platform. Resource Central shall also process orders and take payment via credit card. 8. Standard Operating Procedure for Discount Usage. Resource Central standard operating procedure is to allow Participants to use one (1) discount for each eligible garden purchased, with no limitations on quantity of gardens and discounts per order. C. Distribution of Garden In A Box Kits 1. Garden In A Box Assembly. Resource Central shall organize and handle delivery of all plants, which shall be pre -packaged according to the designs developed by Resource Central. 2. Training of Program Partner Staff. Resource Central shall train Program Partner staff, if Program Partner elects to provide staff to aid in the distribution. 3. Distribution. Resource Central shall conduct at least one (1) distribution within twenty (20) miles of the Program Partner service area at a mutually agreed upon location(s). Before the distribution(s), Resource Central staff and volunteers shall prepare and organize all plants required for the distribution(s). Resource Central shall organize volunteers to help distribute Gardens In A Box at each requested distribution location. Resource Central shall provide at least one of its staff members and one volunteer to conduct the distribution(s). Resource Central staff and/or volunteer(s) shall confirm that participants have pre -ordered and pre -paid for their Garden In A Box. Resource Central staff and/or volunteer(s) shall then assist participants in retrieving their requested 3 Garden In A Box kit(s). At that tune, Resource Central staff and/or volunteers) shall give the participant the plant and care guides for their requested Garden In A Box kit(s). 4. Undistributed Garden Kits. If, after a distribution is completed, there remain unclaimed Garden In A Box kits, Resource Central shall make the unclaimed Garden In A Box kits available for pickup by the Participant at 6400 Arapahoe, Boulder, CO, 80303. Orders that are unclaimed after seven (7) business days of the missed pickup date will be donated without a refund to the Participant(s) unless other arrangements have been made with staff. Resource Central shall make all reasonable efforts to sell any remaining plants individually. Regardless of Resource Central's ability to sell undistributed Garden In A Box kits or individual plants, Program Partner is still obligated to pay the Total Program Price and any additional charges associated with Program Partner's requested number of Garden In A Box kits, as specified in the Payment Schedule and Terms, attached hereto as Attachment B. 5. Time of Distributions. All distributions shall be conducted during the period from May 15 2025, to September 30, 2025, with the primat'y months being May, June, August, and September. D. Program Updates 1. Program Updates. During peak garden sales season, Resource Central shall provide to Program Partner updates at least every other week about the Program and progress toward meeting the obligations under the Agreement. 2. Updates Upon Request. Updates shall also be provided to Program Partner within five (5) business days of any written request. IJ. Post -Distribution Activities 1. Satisfaction Surveys. After the Program Term has ended, Resource Central shall conduct a satisfaction survey of all participants purchasing Garden In A Box kits. 2. Annual Report. Resource Central shall also compile information about the Program. The sun=ey results and the Program information shall be included in a final report detailing the Program results. Resource Central shall provide Program Partner with this report by December 31 of the contract year. 4 ATTACHMENT B GARDEN IN A BOX PROGRr11Vi PAYMENT SCHEDULE AND TERMS I. Payment Schedule and Terms A. Total Program Price 1. Price Charged to Program Partner's Residents. At least seven (7) garden design options shall be made available for Program Partner's residents to choose from. The options shall cost circa $102 - $170 for Program Partner Customers as long as discounts remain available. Resource Central shall make all good faith efforts to keep the price charged to Program Partner's Customers below retail cost. 2. Price Charged to Program Partner. To make the Garden In A Box Program available to Program Partner in 2025, Program Partner shall pay the Total Program Price of $3,840.00 ("Total Program Price"), which includes forty-eight (48) Discounts. 3. Seri=ices Included in Total Program Price. The Total Program Price covers a portion of Resource Central's costs associated with managing and organizing the program as outlined in the Garden In A Box Scope of Work. In addition, the Total Program Price includes the Discounts in Attachment A, LA.3. of $25 for each Garden In A Box kit that participants purchase during the sales season. Participants must be receiving their water service through Program Partner to be eligible for discounts or be a resident of the Program Partner. The Total Program Price also includes one (1) distribution within twenty (20) miles of the Program Partner service area at a mutually agreed -upon location. B. Liability for Cost of Unsold Gardens and Unclaimed Discounts 1. Costs Associated with Garden Order. Program Partner shall not be liable for the costs associated with unsold Garden In A Box kits that are part of the order of Discounts in Attachment A, Lr1.3. 2. No Refund. Resource Central shall not provide a refund to Program Partner for any unsold gardens or unclaimed discounts. II. Payment Schedule and Invoicing 1�. Invocing. Resource Central shall bill Program Partner the Total Program Price within thirty (30) days of the Effective Date of this Agreement, but not before the calendar year the Program is offered. Payment shall be due within thirty (30) days of the date the invoice is issued by Resource Central. Such payment must be made by check or electronic payment (EFT) payable to Resource Central. B. 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. RESOURCE CENTRAL LAWN REPLACEMENT PROGRAM Attachment A: Scope and Conditions of ���ork Attachment B: Payment Terms and Schedule Attachment C: Lawn Replacement Program Participant Contract ATTACHMENT A LAWN REPLACEMENT PROGRANf SCOPE AND CONDITIONS OF WORK I. Scope of Work A. Lawn Replacement Program Details 1. Term of Program. Subject to Resource Central's approval and consent, Resource Central shall conduct the Program during the spring -summer season (approximately May through September), weather, staff, and demand permitting. Resource Central may in its sole discretion choose to extend the term of the Program. 2. Program Objective. Resource Central's Lawn Replacement Program incentivizes Program Partner's Customers to remove high water -use landscapes and replace them with low-water alternatives including, but not limited to, water -\vise perennial gardens. The objective of the Program is to make it easier and more affordable for Program Partner's Customers to reduce their water consumption through permanent low-water landscape change. Once established, a wateiwise perennial garden will likely use 50%-60% less water than a traditional lawn and is likely to improve habitat and neighborhood aesthetics. 3. Eligible Property 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 Program Partner's Designated Representative. 4. Pro am Apalication and Qualification Terms. To participate in the Program, each Program 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, but cannot be removed or killed prior to acceptance into the Program. 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 Program 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. B. Marketing and Publicity 1. Marketing and Publicity. Program Partner shall be responsible for marketing and publicizing the availability of the Program to its Customers in multiple rounds of marketing. Program 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. 2. I\Iarlseting Toolkit. A marketing toolkit, developed by Resource Central, will contain promotional templates and individual marketing components for the Program 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 Program Partner to disseminate marketing materials using the marketing toolkit. 3. Toolkit Usage. Promotional content may be created by either Resource Cents al or Program Partner; however, Program Partner must use the aforementioned marketing 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 the property of Resource Central and are to be used exclusively to advertise and promote its programming. C. Customer Ser-�=ice and Educational Resources 1. Customer Ser-�=ice. Resource Central shall manage all customer sen=ice 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. 2. Educational Resources. Resource Central, at its discretion, may produce and provide various educational materials to Program Partner and/or its Customers to help them complete successful low-water landscape change projects. Program Partner may also produce and disseminate educational materials. Any materials created by Program Partner containing Program information shall be made available to and approved by Resource Central before publication. 3. Participant Follow Un. Resource Central shall exercise due diligence in placing reminder phone calls and 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. D. Program Updates 1. Program Updates. During the course of dze Program season, Resource Central shall provide to Program Partner updates at least ever-l� other week about the Program and its progress toward meeting the obligations under the Agreement. 2. U12ciates Upon Request. Updates shall also be provided to Program Partner within five (5) business days of any written request. E. Post -Participation Activities 1. Satisfaction Surveys. Resource Central shall conduct a satisfaction survey of property owners who participated in the Program. 2. Annual Report. The survey results and the data analysis shall be included in an annual report detailing the Program results. Resource Central shall provide Program Partner with this report by December 31 of the contract year. IL Conditions of `�/ork r�. Participant Benefits. The Program Partner shall offer the Program Benefits as outlined in Attachment B. section LA to each approved participant. In their Program applications, participants shall select only one of the two available benefits that best suits their project needs. Each participant shall receive no more than the Maximum Participant Benefit Amount of $750.00 as described in Attachment B, I.B. 1. Subsidized Waterwise Garden In A Box Kits Benefit a) Included Materials. Each approved participant may receive no more than four (4) subsidized Garden In A Box kits directly from Resource Central. The cumulative total square footage of each participant's subsidized Garden In A Box kits shall not exceed 400 square feet or four kits. The quantity (square footage) of the subsidized 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 subsidized 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 subsidized 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 watenvise garden option for full 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. Each approved participant who selects the Garden In A Box kits benefit 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 ten (10) business days prior to picking up any subsidized Garden In A Box bits. Lawn cannot be removed prior to receiving written acceptance into the Program from Resource Central. d) Garden Distribution. All materials shall be picked up by approved participants at an existing nearby Garden In A Box distribution event, 7 as determined by Resource Central. The garden distribution event for Program Partner Program participants shall be conducted during the period from May 1 to .June 30, with any carry-over gardens available for distribution in the months of August and September. 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 Program 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. Lawn Removal Service Discount Benefit a) Discount. Each approved participant shall have the option to lure Resource Central to perform the Lawn Removal Service as described below. Each approved participant may receive a discount of $1.65 per square foot off the regular price of their Lawn Removal Service ($2.65 per square foot). The discount shall not exceed the Maximum Participant Benefit Amount of $750.00 (or 454.55 square feet) at the discounted amount. b) rinnointment Scheduling andand Staffing. All Lawn Removal Sernice appointments shall be scheduled based on location, staff availability, and applicant responsiveness and performed by Resource Central staff or reputable third -party contractors. Resource Central shall provide enough staff or contractors and equipment necessary to perform the amount of lawn removal requested by Program 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 C). 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 maxunum project size based on schedule availability. The minimum project size is 200 square feet. Program Partner will be charged a minimum of $330.00 per lawn removal (200 square feet times $1.65 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 $2.65 per square foot. Resource Central shall invoice participants for outstanding balances and 10 may charge the participant a non-refundable deposit. The Program Partner shall not be responsible for outstanding participant balances. e) Program Marking and \water Restrictions. Program line locating and marking shall be requested by Resource Central for each project as required by law. If Program Partner water restrictions are instituted, the Lawn Removal Service and any required operation of the irrigation system may take place outside of the propertyowner's permitted watering schedule. Program Partner agrees not to enforce any watering restrictions against the Participant or Resource Central if this occurs. Project will be canceled if Program line markers are removed or tampered with by participants. 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) Program Partner approves additional funds, additional lawn removal maybe conducted. B. rlpnlicztion Review and Approved I ow -Water I andsca�e Types Resource Central shall review 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. Project area is required to have at least 50% plant material (at full maturity) coverage. 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. C. Consultation. Upon application approval, each participant shall be invited by email to a 15-30-minute optional 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 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 or Lawn Removal Service appointments. Additional personalized project support may be provided to participants as deemed appropriate by Resource Central. D. Participant Contract. Each approved participant shall sign a copy of the official Lawn Replacement Program Participant Contract (Attachment C). In the contract, the participant shall re -certify that they meet the following criteria: 1. The Participant is a current Program 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 ten (10) business days prior to picking up any subsidized Garden In A Box kits (unless the participant contracts Tvith Resource Central to perform the Lawn Removal Seivice); 4. Participant will plant and maintain any Garden In A Box bits 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 thirty (30) days of removing the lawn. The participant is considered officially accepted into the Program and may begin removing lawn only after signing the contract. 12 ATTACHMENT B LA��jN REPLACEMENT PROGRAM PAYMENT TERMS AND SCHEDULE I. Pas=ment Terms A. Available Participant Benefits. The Program Partner will offer both of the following Participant Benefits as described in Attachment A, ILA. � Subsidized low-water Garden In A Box kits at approximately $185.00 each, not to exceed 400 square feet or four bits per participant or the amount of lawn removed. ® Lawn Removal Service Discount, minimum of 200 square feet invoiced at $1.65 per square foot ($330.00 minimum). Participants paythe remaining $1.00 per square foot. B. Non -Refundable Program Fee. The Non -Refundable Program Fee offsets Resource Central's fixed costs of managing and executing the Program. Tlus includes paying staff to develop the Program and accompanying materials; soliciting, reviewing, and responding to applications; conducting phone consultations; following up with participants; maintaining equipment; and hiring and training multiple crews to conduct the removals. The Program Partner shall pay Resource Central a one-time, Non - Refundable Program Fee of $5,000.00. C. Maximum Participant Benefit Amount. To incentivize lawn replacement and water conservation at private homes, the Program Partner shall pay= Resource Central up to $750.00 per approved Program participant. D. Number of Participants. Program Partner shall offer the Maximum Participant Benefit Amount to a minimum of seven (7) Program Partner Customers. 1. Colorado Water Conservation Board Water Plan Grant Matching Funds. Based on Program Partner's contracted Number of Participants, Resource Central will match up to that quantity at no charge. These additional Benefits are only available upon completion of contracted Number of Participants and contingent upon demand and operational capacity. In addition, any CWCB Turf Replacement Program funding allocated to Resource Central program(s) must be exhausted before Resource Central Water Plan Grant matching funds can be accessed. E. Total Program Price. Program Partner shall pay the Total Program Price, which is equal to the Non -Refundable Program Fee (B) 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. II. Pay=ment Schedule and Invoicing A. Pay=ment Schedule, Program Partner shall pay the Non -Refundable Program Fee within thirty (30) days of the Effective Date of this Agreement, but not before the calendar year 13 the Program is offered. Such payment must be made by check or electronic payment (EFT) payable to Resource Central, Program Partner shall pay for approved Program participants' Garden In A Box bits and Lawn Removal Service discounts on a monthly basis, pursuant to the Invoicing terms specified below. B. Invoicing. Resource Central shall invoice Program Partner monthly for all approved participants' subsidized Garden In A Box Fits and any completed Lawn Removal Service. 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 removed, and date of any Lawn Removal Service shall be provided with the monthly invoice. C. Invoice Adjustments. Program Partner has thirty (30) days after the date of each invoice to notify Resource Central of any adjustments or corrections to that specific invoice. D. Pad=ment 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. i �t ATTACHMENT C RESOURCE CENTRr�L L WN REPLACEMENT PROGRAM PARTICIPANT CONTRACT Electionii forrrr� ifzztlaled before �cl.�edarliiag rervice. The following are requirements for participating in Resource Central's 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 or subsidized 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 this contract, you agree that: I. Participant acknowledgements A. You are a current water customer in good standing and have provided an accurate utility account number with your application. [CONDITIONAL BASED ON BENEFIT SELECTED] B. You are a current resident and have provided proof of residency with your application. B. You voluntarily agree to permanently remove the amount of existing grass lawn specified in your application. You attest that the area of lawn is watered and maintained on a regular basis throughout the growing season. You agree to remove the lawn without the use of chemicals. C. If you do not lure Resource Central's Lawn Removal Service, you must agree to email Resource Central a "during" photo which clearly shows at least 75% 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 subsidized 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 subsidized Garden In A Box bits �vluch you receive. You agree to maintain any subsidized Garden In A Box bits 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: water -wise 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 ne�v turf. 15 G. You agree to properly adjust and maintain your irrigation system and/ watering schedule to account for the new low-water landscape features. H. If you hire Resource Central to perform the Lawn Removal Ser-wice, 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 fox any reason. 3. Resource Central may briefly test the landscape irrigation system at the address below with your permission. The test may involve operating the landscape irrigation system through valves and/or the irrigation control clock. Neither Resource Central nor the partnering water utility, municiRality or other entity is responsible for any system malfunction during or after the landscape irrigation inspection. 4. It is nearly impossible to remove some t5vpes of grass and weeds due to extremely deep and extensive root systems. Neither Resource Central nor the partnering water utility, municipality or other entity will be held responsible for any plant re -growth in the project area following the Lawn Removal. 5. You are requited to mow your lawn within three (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 you 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: IL yVater Records Release The impacts of Resource Central's Lawn Replacement Program are being recorded and analyzed for effectiveness. Tlus 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) (I�) 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 Resource Central, my water provider as listed above, and their officers, employees, agents, and volunteers from any claim, demand, action or right of action arising out of or related to 16 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 Pa�Tment 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 credit or 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 within 14 days of project approval. If you pay the deposit before this date, you are eligible for a full refund, but this refund option is only available until 14 days from project approval. After that date, the deposit becomes non-refundable. C. The standard cost for the Lawn Removal Service is �2.65 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 Resource Central website. The minimum project size is 200 square feet, regardless of discount. 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 in your contract. Any additional square footage beyond the estimated amount will not be removed, nor will any lawn be removed without your permission. I AGREE to lure Resource Central's Lawn Removal Service I DECLINE to hue Resource Central's Lawn Removal Service IV. y�/giver and Release of Liabilirn 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 or the partnering water utility, municipality or other entity. 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 programs) on your control clock, if applicable. It is your responsibilit3� 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 17 due to improper watering. Neither Resource Central not the partnering water utility, municipality or other entity will be held responsible for any turf regrowth resulting from improper irrigation or failure to follow the post -removal steps outlined by Resource Central. D. �'ou 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. 1~. You understand that Colorado Senate Bill 18-167 requires locating and marking all utility lines for any and all digging projects. If you lure 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 marling 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 lure Resource Central's Lawn Removal Service, it is }=our responsibility to submit a utility location request to Colorado 811. U. If your property is covenant controlled and/or part of a homeowners' association (HOAR, you are responsible for seeking and obtaining proper approval for your landscape change project prior to starting any work. Resource Central is not responsible for fines, fees, or penalties unposed by HOAs or similar entities. H. You are voluntarily participating in the Program and hereby release any and all claims against, and hold harmless, Resource Central, the water provider/municipaliL) funding the program and their 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, 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.