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26.02.27 ICA Eagle County Conservation District2026: ICA – Eagle County Conservation District Feb 27, 2026 Approved by Town Attorney as to form (2026) Page 1 of 5 2026 Independent Contractor Service Agreement For Beyond Lawn This Independent Contractor Service Agreement (“Agreement”) dated as of February 27, 2026, is between the Town of Avon, a Colorado home rule community (“Town”), and Eagle County Conservation District, a Title 35 special district of the State of Colorado whose business address is 1286 Chambers Ave, Unit #201, Eagle, CO 81631 (“Contractor” and, together with the Town, “Parties”). 1. Services: Contractor agrees to provide services (“Services”) as described in the proposal (“Proposal”) attached hereto and incorporated herein as Exhibit A. To the extent the provisions of this Agreement conflict with the Proposal, the terms of this Agreement shall control. Contractor shall provide and complete the Services in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances in Colorado. Contractor hereby warrants that it has the workforce, training, experience, and ability necessary to properly complete the Services in a safe and timely fashion. Contractor will comply and cause all of its employees, agents, and subcontractors to comply, with applicable safety rules and security requirements while performing the Services. 2.Independent Contractor: The Contractor shall perform the Services as an independent contractor and shall not be deemed by virtue of this Agreement, or any other document attached or referenced herein, to have entered into any partnership, joint venture, employer/employee, or other relationship with the Town other than as a contracting party and independent contractor. The Town shall not be obligated to secure, and shall not provide, any insurance coverage or employment benefits of any kind or type to or for the Contractor or the Contractor’s employees, sub-consultants, contractors, agents, or representatives, including coverage or benefits related but not limited to: local, state, or federal income or other tax contributions; insurance contributions (e.g., FICA); workers’ compensation; disability, injury, or health; professional liability insurance, errors, and omissions insurance; or retirement account contributions. 3.Insurance: 3.1. Minimum Amounts. The Contractor shall obtain and shall continuously maintain during the Term (as defined herein) of this Agreement insurance of the kind and in the minimum amounts specified in this Section 3.1. The Required Insurance (defined below) shall be procured and maintained with insurers with an A- or better rating as determined by Best’s Key Rating Guide. All Required Insurance shall be continuously maintained to cover all liability, claims, demands, and other obligations assumed by the Contractor. The Contractor shall secure and maintain the following (“Required Insurance”): 2026: ICA – Eagle County Conservation District Feb 27, 2026 Approved by Town Attorney as to form (2026) Page 2 of 5 A. Worker’s Compensation Insurance in the minimum amount required by applicable law for all employees and other persons as may be required by law. Such policy of insurance, if any, shall be endorsed to include the Town as a Certificate Holder. B. Comprehensive General Liability insurance with minimum combined single limits of One Million Dollars ($1,000,000.00) for each occurrence and of One Million Dollars ($1,000,000.00) aggregate. The policy shall be applicable to all premises and all operations of the Contractor. The policy shall include coverage for bodily injury, broad form property damage (including completed operations), personal injury (including coverage for contractual and employee acts), blanket contractual, independent contractors, products, and completed operations. The policy shall contain a severability of interests provision. Coverage shall be provided on an “occurrence” basis as opposed to a “claims made” basis. Such insurance shall be endorsed to name the Town as Certificate Holder and name the Town, and its elected officials, officers, employees, and agents as additional insured parties. 3.2. Additional Requirements for All Policies. In addition to specific requirements imposed on insurance by this Section 3. INSURANCE and its subsections, insurance shall conform to all of the following: A. For Required Insurance and other insurance carried by Contractor (“Contractor Insurance”), all policies of insurance shall be primary insurance, and any insurance carried by the Town, its officers, or its employees shall be excess and not contributory insurance to that provided by the Contractor; provided, however, that the Town shall not be obligated to obtain or maintain any insurance whatsoever for any claim, damage, or purpose arising from or related to this Agreement and the Services. The Contractor shall not be an insured party for any Town-obtained insurance policy or coverage. B. For Contractor Insurance and Required Insurance, the Contractor shall be solely responsible for any deductible losses. C. For Required Insurance, no policy of insurance shall contain any exclusion for bodily injury or property damage arising from completed operations. D. For Required Insurance, every policy of insurance shall provide that the Town will receive notice no less than thirty (30) days prior to any cancellation, termination, or a material change in such policy. 3.3. Failure to Obtain or Maintain Insurance. The Contractor’s failure to obtain and continuously maintain policies of insurance in accordance with this Section 3. INSURANCE and its subsections shall not limit, prevent, preclude, excuse, or modify any liability, claims, demands, or other obligations of the Contractor arising from performance or non-performance of this Agreement. Failure on the part of the Contractor to obtain and to continuously maintain policies providing the required coverage, conditions, restrictions, notices, and minimum limits shall constitute a material breach of this Agreement upon which the Town may immediately terminate this Agreement, or, at its discretion, the Town may procure or renew any such policy or any extended reporting period thereto and may pay any and all premiums in connection therewith, and all monies so paid by the Town shall be repaid by Contractor to the Town immediately upon demand by the Town, or at the Town’s sole discretion, the Town may offset the cost of the premiums against any monies due to the Contractor from the Town pursuant to this Agreement. 2026: ICA – Eagle County Conservation District Feb 27, 2026 Approved by Town Attorney as to form (2026) Page 3 of 5 3.4. Insurance Certificates. Prior to commencement of the Services, the Contractor shall submit to the Town applicable certificates of insurance for all Required Insurance. Insurance limits, terms of insurance, insured parties, and other information sufficient to demonstrate conformance with this Section 3. INSURANCE and its subsections shall be indicated on each certificate of insurance. Certificates of insurance shall reference the Project Name as identified on the first page of this Agreement. The Town may request and the Contractor shall provide within three (3) business days of such request a current certified copy of any policy of Required Insurance and any endorsement of such policy. The Town may, at its election, withhold payment for Services until the requested insurance policies are received and found to be in accordance with the Agreement. 4. Payment: Payment for Services shall be due only after the Services are completed to the Town’s satisfaction, which satisfaction shall be determined by the Town in its sole and reasonable discretion, and after Contractor has submitted an invoice for the amount due complete with the Contractor’s taxpayer identification number or social security number. Town shall pay Contractor within thirty (30) days after an invoice in proper form is submitted to Town. 5. Town Unilateral Termination: Town may terminate this Agreement without cause upon delivery of written notice to the Contractor at least ten (10) days prior to the effective date of termination or may terminate this Agreement immediately upon delivery of written notice if Contractor fails to provide the Services in accordance with the terms of this Agreement. 6. No Waiver of Governmental Immunity: Nothing in this Agreement shall be construed to waive, limit, or otherwise modify any governmental immunity that may be available by law to the Town, its officials, employees, contractors, or agents, or any other person acting on behalf of the Town and, in particular, governmental immunity afforded or available pursuant to the Colorado Governmental Immunity Act, Title 24, Article 10, Part 1 of the Colorado Revised Statutes. 7. Affirmative Action: Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. Contractor will take affirmative action to ensure applicants are employed, and employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. 8. No Third-Party Beneficiaries: Nothing contained in this Agreement is intended to or shall create a contractual relationship with, cause of action in favor of, or claim for relief for, any third-party, including any agent, sub-consultant, or sub-contractor of Contractor. Absolutely no third-party beneficiaries are intended by this Agreement. Any third-party receiving a benefit from this Agreement is an incidental and unintended beneficiary only. 9. Limitation of Damages: The Parties agree that Contractor’s remedies for any claims asserted against the Town shall be limited to proven direct damages in an amount not to exceed payment amounts for Services due under the Agreement and that the Town shall not be liable for indirect, incidental, special, consequential or punitive damages, including but not limited to lost profits. 10. Indemnity: To the fullest extent permitted by law, both parties shall indemnify, defend and hold harmless Town, its members, affiliates, officers, directors, partners, employees, and agents from and against 2026: ICA – Eagle County Conservation District Feb 27, 2026 Approved by Town Attorney as to form (2026) Page 4 of 5 all claims, damages, losses, and expenses, including but not limited to reasonable attorney’s fees, arising out of the performance of the Services, provided that any such claim, damage, loss or expense is caused by any negligent act or omission of Contractor, anyone directly or indirectly employed by Contractor or anyone for whose acts Contractor may be liable, except to the extent any portion is caused in part by a party indemnified hereunder. 11. Governing Law, Venue, and Enforcement: This Agreement shall be governed by and interpreted according to the law of the State of Colorado. Venue for any action arising under this Agreement shall be in the appropriate court for Eagle County, Colorado. To reduce the cost of dispute resolution and to expedite the resolution of disputes under this Agreement, the Parties hereby waive any and all right either may have to request a jury trial in any civil action relating primarily to the enforcement of this Agreement. The Parties agree the rule providing ambiguities in a contract are to be construed against the drafting party shall not apply to the interpretation of this Agreement. If there is any conflict between the language of this Agreement and any exhibit or attachment, the language of this Agreement shall govern. 12. Term. The provision of Services under this Agreement shall commence on February 27, 2026 (the “Effective Date”) and will terminate Devember 31, 2026 (cumulatively, the “Term”). The Contractor understands and agrees that the Town has no obligation to extend this Agreement’s Term or contract for the provision of any future services, and makes no warranties or representations otherwise. Notwithstanding the foregoing, the Parties may mutually agree in writing to the monthly extension of this Agreement for up to twelve (12) consecutive calendar months if such extension is approved by the Town Council and the Contractor and such extension does not alter or amend any of the terms or provisions of this Agreement. 13. Article X, Section 20/TABOR. The Parties understand and acknowledge that the Town is subject to Article X, § 20 of the Colorado Constitution (“TABOR”). The Parties do not intend to violate the terms and requirements of TABOR by the execution of this Agreement. It is understood and agreed that this Agreement does not create a multi-fiscal year direct or indirect debt or obligation within the meaning of TABOR and, therefore, notwithstanding anything in this Agreement to the contrary, all payment obligations of the Town are expressly dependent and conditioned upon the continuing availability of funds beyond the term of the Town’s current fiscal period ending upon the next succeeding December 31. Financial obligations of the Town payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available in accordance with the rules, regulations, and resolutions of Town of Avon, and other applicable laws. Upon the failure to appropriate such funds, this Agreement shall be terminated. 14. Background Check. A background check of Contractor and any Contractor’s employees or subcontractors may be required by the Town. Contractor can provide proof of a CBI check within the past six (6) months and shall provide a copy prior to the commencement of any Services (this can be acquired online by going to www.colorado.gov) or the Town will conduct the background check and provide a submission form to be completed by the Contractor. 15. Assignability. The Contractor shall not assign this Agreement without the Town’s prior written consent. 16. Survival Clause. The “Indemnification” provision set forth in this Agreement shall survive the completion of the Services and the satisfaction, expiration, or termination of this Agreement. 2026: ICA – Eagle County Conservation District Feb 27, 2026 Approved by Town Attorney as to form (2026) Page 5 of 5 17. Severability. In the event a court of competent jurisdiction holds any provision of this Agreement invalid or unenforceable, such holding shall not invalidate or render unenforceable any other provision of this Agreement. 18. Town Reference in Marketing. The Town grants Contractor a limited, non-exclusive right to use Town of Avon's name and associated trademarks, business names, and logos solely in connection with the performance of the Services and related education, outreach, reporting, and demonstration of lessons learned. ECCD shall not use Town of Avon’s name or materials in any manner that misrepresents or discredits Town of Avon. AGREEMENT READ, UNDERSTOOD, AND APPROVED: Allegra Waterman-Snow (Feb 27, 2026 12:38:19 MST) Allegra Waterman-Snow Allegra Waterman-Snow District Manager Eric Heil (Mar 1, 2026 13:10:47 MST) Eric Heil Eric Heil Town Manager EXHIBIT A Beyond Lawn 2026 Scope of Work (SOW) Project: Beyond Lawn Program Partnership Parties: Town of Avon (TOA) and Eagle County Conservation District (ECCD) Agreement Amount: Not to exceed $25,000 1. Program Overview The Beyond Lawn Program is designed to reduce outdoor water use, improve irrigation eﬃciency, and enhance biodiversity in landscapes through Landscape and Irrigation Evaluations, rebates, and participant education. Beyond Lawn provides incentives and technical support to residential, commercial, community associations, and municipal participants within the Town of Avon to: ● Replace high-water-use turf with water-wise, sustainable landscaping; ● Upgrade ineﬃcient irrigation systems to improve water use eﬃciency; ● Recommend waterwise plant lists; ● Promote demonstration gardens; and ● Increase awareness and adoption of best practices for outdoor water conservation to community associations. 2. Budget and Goals Evaluations 5-7 12-15 Turf Replacement Rebates (Max $2,500) 4 rebates awarded (maximum award) $10,000 2 full rebates $5,000; 3-5 lesser rebates $5,000 (Total ~7 rebates) Irrigation Eﬃciency Rebates (Max $5,000) 3 rebates awarded (maximum award) $15,000 Two full rebates $10,000, 3 lesser rebates $5,000 (Total ~7 rebates awarded) 7 rebates 14 rebates 3. Scope of Services ECCD shall administer the Beyond Lawn Program within the Town of Avon and manage all aspects of program delivery, including outreach, evaluations, eligibility, rebate processing, and reporting. Program funds provided by the Town of Avon, not to exceed $25,000, may be used for the following components: A. Turf Replacement Rebate Program ● Provide rebates to eligible participants for the removal of existing turf and replacement with water-wise landscaping. ● Rebate rate: $1.00 per square foot of turf removed, up to a maximum award amount: $2,500 ● Beyond Lawn participants cannot receive Beyond Lawn rebates exceeding the maximum turf replacement award ($2,500) for 5 years after the rebate(s) are awarded. ● ECCD will verify project eligibility, square footage, and completion prior to rebate approval. ● Projects must meet Beyond Lawn Program Terms and Conditions. B. Eﬃcient Irrigation System Rebate ● Provide rebates to eligible participants to oﬀset the cost of upgrading ineﬃcient irrigation systems. ● Rebate covers 75% of eligible project expenses, up to a maximum of $5,000 per participant. ● Beyond Lawn Irrigation participants cannot receive Beyond Lawn rebates past the maximum award ($5,000) for 5 years after the rebate(s) are awarded. ● ECCD will review applications, conﬁrm installation, and process reimbursements in accordance with program Terms and Conditions. C. Landscape and Irrigation Evaluations / Participant Fees ● Landscape and irrigation evaluations are required prior to rebate applications to assess water use, system eﬃciency, and opportunities for improvement. ● Participant fees may range from $100 to $250 per evaluation, depending on property size. ● Town funds may be used to subsidize or fully cover evaluation costs to reduce ﬁnancial barriers for participants. If need is expressed, income veriﬁcation is needed and participants must show income at or below 100% of area median income (AMI). ● Evaluation fees are encouraged; there is high demand for the program and the fee ensures homeowner buy-in and commitment to the evaluation. Evaluations and reports are already done at a fraction of the actual cost. 4. ECCD Deliverables ECCD shall: ● Manage program guidelines, applications, eligibility, and Terms and Conditions; ● Work with ToA to ensure funds are targeted for maximum impact; ● Conduct outreach and education within the Town of Avon; ● Perform or coordinate Landscape and Irrigation Evaluations; ● Review, approve, and process rebates and reimbursements; ● Track expenditures and program outcomes; ● Ensure total expenditures do not exceed the $25,000 agreement amount. ● Provide quarterly reports for ToA detailing program progress and rebate awards ● Provide a ﬁnal report on awarded projects which will include but not be limited to: number of participants, Square footage of turf removed, cost of project, and scope of projects. 5. Disbursement of Funds Funds will be disbursed upon receiving quarterly reports with breakdowns of evaluations completed, turf replacement rebates awarded, eﬃcient irritation rebates awarded, and speciﬁc Beyond Lawn activities within the Town of Avon. 6. Rebate Parameters Eﬃcient Irrigation System Rebate Parameters Rebate Details ● An Eﬃcient Irrigation System Rebate application can only be submitted AFTER all upgrades have been completed and all receipts/invoices have been paid ● The Beyond Lawn Program oﬀers an Eﬃcient Irrigation System rebate covering 75% of a participant's expenses up to $5,000 to oﬀset the cost of upgrading an irrigation system. ● Eﬃcient Irrigation System Rebate funds will be distributed on a ﬁrst come, ﬁrst serve basis until all program funds are expended. Your project must meet the following requirements to be eligible for a Beyond Lawn rebate. If your project does NOT meet these requirements, your rebate application may be fully or partially denied. Please reach out to BeyondLawn@ECCDistrict.org if you have any questions about the eligibility of your eﬃcient irrigation system project. Beyond Lawn staﬀ will work with applicants to verify that eﬃcient irrigation system upgrades meet our program goals. ● The applicant must be a landowner or have authorization from the landowner to apply for the Eﬃcient Irrigation System rebate. ● The rebate can only be used for equipment, irrigation system upgrades or installation services and cannot be used for costs associated with landscape design or consultation. ● Please refer to your Irrigation Evaluation Report for examples of eﬃciency improvements. ● Irrigation system in the project area must meet vegetation water requirements. Description of Eﬃcient Irrigation System Upgrades ○ Describe in detail what upgrades, installations, or adjustments were made in each irrigation zone on your property, and include plant types present in each upgraded zone. ■For example: ■Zone 1: N/A ■Zone 2: Upgraded to high eﬃciency heads (please provide make and model details); Turf ■Zone 3: Switched to drip irrigation; Perennial beds, shrubs ■Zone 4: Installed check valve to reduce low head drainage; Turf ○ Please refer to your Landscape and Irrigation Evaluation for recommended upgrades and appropriate verbiage. ● All paid and itemized receipts pertinent to project costs, and/or a signed contract ● Photos of each documented improvement to the irrigation system Turfgrass Conversion Rebate Parameters Rebate Details ● A turf replacement rebate application can only be submitted either a) after a contract has been signed with a landscaping company for landscape installation OR b) AFTER all new water-wise vegetation/hardscapes have been installed. ● Beyond Lawn will award $1 per square foot of turf converted ● Beyond Lawn will only rebate up to 2,500 square feet of turf converted. ● Turf replacement rebates will be distributed on a ﬁrst come, ﬁrst serve basis until all program funds are expended. Rebate Parameters *Your project must meet the following requirements to be eligible for a Beyond Lawn rebate. If your project does NOT meet these requirements, your rebate application may be fully or partially denied. Please reach out to BeyondLawn@ECCDistrict.org if you have any questions about the eligibility of your turf conversion project. Beyond Lawn staﬀ will work with applicants to verify that turf replacement activities meet our program goals. ● The applicant must be a landowner or have authorization from the landowner to apply for the turf replacement rebate. ● The area converted must be a previously irrigated (within 5 years), established, non-native lawn. ● Turf that is dead and/or dying from lack of irrigation may qualify for a rebate. Dead and/or dying turf must still be completely removed to qualify for a rebate. ● The applicant must remove a minimum of 100 square feet of irrigated turf to receive a rebate. ● Turf must be replaced with water-wise or climate-adapted vegetation, and/or hardscape, as approved by Beyond Lawn staﬀ. ● The landscape converted must maintain at least 50% vegetated cover at full maturity (this includes tree canopy cover). ● Hardscapes may qualify for a rebate if they are less than or equal to 50% of the converted area. ● Hardscape installations must be permeable to qualify for a rebate. Permeable hardscapes are designed with materials and construction techniques that enable water inﬁltration, i.e un- grouted pavers and stepping stones, gravel, etc. ● Concrete, asphalt, and grouted ﬂagstone/pavers are non-permeable and do not qualify for a rebate. ● Rebates will not be provided for artiﬁcial turf or hardscape installation associated with pools, fountains, hot tubs, or other water features. ● Most native grasses qualify for a rebate. If it is not native, please contact BeyondLawn@ECCDistrict.org to verify rebate eligibility. ● Common turf alternatives that we do not support are: Clover, Fine/Tall Fescue, and Buﬀalo Grass. ● Turf replacement activities must follow the Town of Avon Wildﬁre preparedness code. ● Rubber mulch and shredded tires are discouraged and do not qualify for a rebate due to wildﬁre risk. ● If an applicant uses herbicide for the removal of turf, the applicant must read all label directions before use. It is a violation of Federal law to use herbicides in a manner inconsistent with their label. ● Application of herbicide to remove turf must be at least 75 feet from a river and 25 feet from a tributary. ● Overhead spray irrigation system in project area must be updated to meet drought tolerant vegetation water requirements and must be removed or capped in areas converted to hardscape. Please visit our website to learn more about our Eﬃcient Irrigation System rebates. Required Rebate Application Documents ● Total square footage of turfgrass removed & amount of square footage eligible for rebate ● Approximate percentage of turfgrass converted to water-wise vegetation ● Approximate percentage of turfgrass converted to permeable hardscape ● Detailed Map of the Property. Map must include: ○ Approximate area converted in square feet ○ Detailed list of new vegetation and hardscapes installed ○ Seeded areas if applicable (must include species) ○ You can use the property map provided to you in your evaluation, or other mapping programs. A screenshot from your phone or laptop of your edited map is acceptable. ● If working with a Landscaping Company: ○ Signed contract and start date ○ Pre project photos ● If DIY: ○ Pre and post project photos ○ All relevant receipts ICA ECCD 2026.02.27 Final Audit Report 2026-03-01 Created:2026-02-27 By:Ineke de Jong (idejong@avon.org) Status:Signed Transaction ID:CBJCHBCAABAA37xXKcqcmSOTAb8Ohs3GwW8Y73xSavV7 "ICA ECCD 2026.02.27" History Document created by Ineke de Jong (idejong@avon.org) 2026-02-27 - 7:28:40 PM GMT Document emailed to Allegra Waterman-Snow (allegra@eccdistrict.org) for signature 2026-02-27 - 7:31:03 PM GMT Email viewed by Allegra Waterman-Snow (allegra@eccdistrict.org) 2026-02-27 - 7:37:52 PM GMT Document e-signed by Allegra Waterman-Snow (allegra@eccdistrict.org) Signature Date: 2026-02-27 - 7:38:19 PM GMT - Time Source: server Document emailed to Eric Heil (eheil@avon.org) for signature 2026-02-27 - 7:38:26 PM GMT Email viewed by Eric Heil (eheil@avon.org) 2026-03-01 - 8:07:47 PM GMT Document e-signed by Eric Heil (eheil@avon.org) Signature Date: 2026-03-01 - 8:10:47 PM GMT - Time Source: server Agreement completed. 2026-03-01 - 8:10:47 PM GMT