Smart Irrigation Controller Rebate Program
PARTICIPATION AGREEMENT

This Participation Agreement is made as of , between the Utah Division of Water Resources, an agency of the State of Utah (“Division”), and , the owner(s) (“Participant”) of the residential property (“Property”) located at .

Participant and the Division agree as follows:

1. Purpose and Nature of the Program

1. The purpose of the Smart Irrigation Controller Rebate Program (“Program”) is to provide Participant with a rebate for purchasing and installing a US Environmental Protection Agency WaterSense labeled irrigation controller (“Controller”).
2. The Division will provide a rebate to Participant following successful purchase and installation of Participant’s Controller, as described in this Agreement.
3. Participant shall utilize the Controller in accordance with the manufacturer’s recommendations to optimize water-use efficiency.

2. Program Eligibility and Requirements

1. Participant’s Property – Participant owns a Property located within the State of Utah that includes a landscape requiring irrigation. The Controller shall be installed at the Property identified in this Agreement and shall not be resold or transferred.
2. Irrigation System – The Property shall have a fully functioning irrigation system that can be automatically operated by the Controller.
3. Period of Use – Participant agrees to use the Controller for purposes of the Program for a period of three (3) years from the Controller’s date of purchase. If the Controller breaks or becomes inoperable during the three-year term, Participant will assume sole responsibility to repair or replace the Controller with a new Controller that qualifies under this Agreement.
4. On-site Verification – During the Period of Use, Participant agrees to allow the Division or a Partnering District access to the Property for verification and inspection of the Controller installation and use.
5. If the Property lies within the service area of one of the following water districts (hereinafter individually referred to as a “Partnering District”), the Division may request that a Partnering District assist the Division with On-Site Verification during the Period of Use.
   • Central Utah Water Conservancy District
   • Jordan Valley Water Conservancy District
   • Washington County Water Conservancy District
   • Weber Basin Water Conservancy District
6. Limitation of Program and Funds – The Participant is eligible for a maximum of one (1) Controller per property under the Program. The Program is subject to available funds. The Division reserves the right to modify or discontinue the Program at any time.

3. Terms of the Program

1. Controller Installation – Participant is solely responsible for installation and maintenance of the Controller and, if necessary, retaining the services of a licensed contractor to perform installation and maintenance work.
2. Important Timelines and Deadlines – Participant shall apply for the rebate on SlowTheFlow.org/Rebates and submit proof of purchase and verification photographs within 60 days of purchasing the Controller. Proof of purchase must clearly identify the Controller and show the purchase price of the device and the date of purchase. Contractor receipts or invoices that do not separately identify the Controller and its purchase price are NOT acceptable as proof of purchase. Verification photographs shall include a photograph of the installed Controller and a photograph of the Controller serial number or MAC address. The Division will then review the application and submittals (“Application Review”) for compliance with the Program. If the Application Review fails to meet Program requirements, the Participant will be notified and granted 15 days to attain compliance through a subsequent final Application Review (the “Final Application Review”). Failure to respond within 15 days or comply with Program requirements after Final Application Review may result in forfeiture of the rebate.
3. Rebate Amounts and Limits – The Division will pay the Participant a rebate of up to $100 for the purchase of a US Environmental Protection Agency WaterSense labeled irrigation controller. The rebate amount shall not exceed the purchase price of the Controller and shall exclude shipping fees, taxes, and labor costs. The rebate shall apply only to the actual cash amount paid by the Participant. Controllers that are rebated through any other rebate program are not eligible for the Program. Rebates will be paid in the form of a check made payable to the Participant within 8 weeks of a successful Application Review. Failure by the Participant to deposit a rebate check within 90 days of issuance shall void the rebate and shall relieve the Division of any obligation to pay the rebate. Rebate checks will not be reissued. Rebates may be considered taxable income to Participant.
4. Other Responsibilities of the Participant – The Participant shall comply with all applicable laws, policies, codes, ordinances, and covenants regarding the installation of the new Controller(s).
5. Use of Information – Participant authorizes the Division to use Participant’s contact information to communicate Participant’s participation in the Program, and to use Participant’s water use information for improving the Program and research purposes.
6. Sharing of Program Participation Information – Participant authorizes the Division to share Participant’s property address and information indicating participation in the Program with Participant’s water provider or other applicable entities for the purpose of studying water use and evaluating the effectiveness of the Program.
7. Return of Rebate – Participant agrees to return the full value of the Controller rebate to the Division for failure to meet the terms of this Agreement.

4. Limits of the Division’s Responsibility

1. Except for the rebate, the Division shall not be responsible for any cost, expense, or work related to the Program, including but not limited to removal, demolition, disposal, materials, installation, and proper functioning and maintenance of any Controller.

5. Term of Agreement

1. This Agreement shall terminate three (3) years following the Effective Date, without further notice or condition, or upon failure of the Final Application Review, whichever shall first occur.

6. Release

1. Participant hereby agrees to indemnify, defend, and hold harmless the Division and its Partnering Districts, their agents, employees, officers, Trustees, and successors from and against all claims, demands, causes of action, liability or judgment of any kind, including attorney’s fees and costs, which directly or indirectly arise from or are related to Participant’s participation in the Program and/or to this Agreement.
2. Participant hereby agrees to release the Division, Partnering Districts and their agents, employees, officers, Trustees, and successors, from liability for loss or damage of every description or kind whatsoever which may result from or be related to the Program and/or to this Agreement, provided the loss or damage was not due solely to the gross negligence or intentional misconduct of the Division or a Partnering District.

7. Representations

1. Participant represents that Participant has authority to execute this Agreement and to participate in the Program. Participant also represents that there are no other agreements between the Division and Participant, oral or written, concerning the Program or any subject matter set forth in this Agreement.