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HomeMy WebLinkAboutC16-063 Walking Mountains Science CenterAGREEMENT FOR SERVICES BETWEEN EAGLE COUNTY. COLORADO AND WALKING MOTINTAINS SCIENCE CENTER ctive as or rn 1 auy ot f,/Jfu//,2016 by and between Walking Mountains Science Center, a Colorado non-profit corporation (hereinafter "Consultant" or "Contractor") and Eagle County, Colorado, a body corporate and politic (hereinafter "County"). RECITALS WHEREAS, County collects fees as a result of the Eagle County Efficient Building Code and those funds are deposited into a Renewables and Efficiency Fund ("REF" or "Eco-Build Fund"); and WHEREAS, the Eco-Build Fund may be used for the purposes identified in Section 4-840 of the Eagle County Land Use Regulations; and WHEREAS, County desires to retain Consultant to administer and distribute a portion of the Eco-Build Fund and perform certain services in connection with the Eco-Build Fund as more fully set forth below (the "Project"); and WHEREAS, Consultant is authorized to do business in the State of Colorado and has the time. skill. expertise, and experience necessary to provide the services; and WHEREAS, Consultant desires to administer and distribute a portion of the Eco-Build Fund to complement the services and programs it offers; and WHEREAS, this Agreement shall govern the relationship between Consultant and County in connection with the services. AGREEMENT NOW, THEREFORE, in consideration of the foregoing and the following promises Consultant and County agree as follows: 1. Services. Consultant shall provide dedicated staffing to administer the Energy Smart Colorado program in the County and administer Delivery and Disbursement of Eco-Build Funds as articulated in paragraph 5 herein. Consultant agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the services described in Exhibit A ("Rebates, Incentives, Materials") and Exhibit B ("Personnel") which are attached hereto and incorporated herein by reference (collectively the "Services"). The Services shall be performed in accordance with the provisions and conditions of this Agreement. ffi-Cot,nfE'rmm lssioners' office C16-063 a. Consultant agrees to furnish the Services in accordance with the schedule established in Exhibits A and B. If no completion date is specified in Exhibits A and B, then Consultant agrees to furnish the Services in a timely and expeditious manner consistent with the applicable standard of care. By signing below Consultant represents that it has the expertise and personnel necessary to properly and timely perform the Services. b. In the event of any conflict or inconsistency between the terms and conditions set forth in Exhibits A and B and the terms and conditions set forth in this Agreement, the terms and conditions set forth in this Agreement shall prevail. c. Consultant agrees that it will not enter into any consulting or other ilrangements with third parties that will conflict in any manner with the Services. 2. County's Representative. The Environmental Health and Sustainability Department's designee shall be Consultant's contact with respect to this Agreement and performance of the Services. 3. Term of the Agreement. This Agreement shall commence upon the date first written above, and subject to the provisions of paragraph 11 hereof, shall continue in full force and effect through November 30,2016 or upon completion of the Services, whichever is earlier. 4. Extension or Modification. This Agreement may not be amended or supplemented, nor may any obligations hereunder be waived, except by agreement signed by both parties. No additional services or work performed by Consultant shall be the basis for additional compensation unless and until Consultant has obtained written authorization and acknowledgement by County for such additional services. Accordingly, no course of conduct or dealings between the parties, nor verbal change orders, express or implied acceptance of alterations or additions to the Services, and no claim that County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. In the event that written authorization and acknowledgment by County for such additional services is not timely executed and issued in strict accordance with this Agreement, Consultant's rights with respect to such additional services shall be deemed waived and such failure shall result in non-payment for such additional services or work performed. 5. Delivery and Disbursement of Energy Smart Colorado rebates. During the term of this Agreement, County shall advance an amount not to exceed one hundred fifteen thousand dollars ($115,000) to Consultant for disbursement to third parties as set forth herein. Such Eco-Build Funds shall be provided by County to Consultant as follows: a. Upon execution of this Agreement County shall advance sixty thousand dollars ($60,000) from the Eco-Build Fund to Consultant (the "First Distribution"). b. At such time as the First Distribution has been or will within thirty (30) days be expended for the purposes authorized herein, then Consultant shall provide a written notice of the same to County. Upon receipt of such notice, County and Consultant shall discuss and mutually agree upon the amount of the next distribution or distributions to Consultant which in no event shall exceed fifty-five thousand dollars ($55,000). The distribution of the remaining funds by County to Consultant may occur in one or more distributions to Consultant and shall be documented in writing by the parties. The County Manager shall acknowledge and approve any distribution after the First Distribution. c. Consultant shall deposit any funds delivered by County to Consultant pursuant to the terms of this Agreement in a separate account with a bank that is federally insured. No other funds shall be deposited into this account and the funds shall not be commingled with other accounts maintained by Consultant. d. Consultant shall identify the bank and bank account information in writing to County before the First Distribution occurs. e. Consultant shall disburse the funds to third-parties for the purposes set forth in Exhibit A and in accordance with Section 4-840 of the Eagle County Land Use Regulations. In addition to bank statements, Consultant shall maintain at all times adequate records detailing the date, purpose, recipient and amount of each disbursement to a third party and such other detail as County may request from time to time. If County is not satisfied with the completeness of the information and documentation created and maintained by Consultant, County may request Consultant to provide additional information or detail. f. Consultant shall also complete reports or spreadsheets requested by County for the purpose of reporting or providing information to the Department of Energy or other third parties. g. Consultant shall provide a quarterly written update and in-person presentation to both the Eco-Build Fund Advisory Committee and Eagle County Commissioners on the status of the Agreement and disbursements. h. If, at any time after or during the term or after termination or expiration of this Agreement, County reasonably determines that any payment theretofore paid by County to Consultant was improper because the Services for which payment was made were not performed as set forth in this Agreement, then upon written notice of such determination and request for reimbursement from County, Consultant shall forthwith return such payment(s) to County. Upon termination or expiration of this Agreement, unexpended funds advanced by County, if any, shall forthwith be retumed to Countv. i. All funds received by Consultant under this Agreement shall be or have been expended solely for the purpose for which granted, and any funds not so expended, including funds lost or diverted for other purposes, shall be returned to County. k. Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Consultant in respect of any period after December 3l of any year, without an appropriation therefor by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25,title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S .29-l-l0l et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). 6. Compensation. County shall compensate Consultant for the performance of the Services in a sum computed and payable as set forth in Exhibit B. The performance of the Services under this Agreement shall not exceed $110,000. Consultant shall not be entitled to bill at overtime and/or double time rates for work done outside of normal business hours unless specifically authorized in writing by County. a. Payment will be made for Services satisfactorily performed within thirty (30) days of receipt of a proper and accurate invoice from Consultant. All invoices shall include detail regarding the hours spent, tasks performed, who performed each task and such other detail as County may request. b. If, at any time during the term or after termination or expiration of this Agreement, County reasonably determines that any payment made by County to Consultant was improper because the Services for which payment was made were not performed as set forth in this Agreement, then upon written notice of such determination and request for reimbursement from County, Consultant shall forthwith return such payment(s) to County. Upon termination or expiration of this Agreement, unexpended funds advanced by County, if any, shall forthwith be returned to County. c. County will not withhold any taxes from monies paid to the Consultant hereunder and Consultant agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. d. Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after December 31 of any year, without an appropriation therefor by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S .29-I-l0l et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). 7. Sub-consultants. Consultant acknowledges that County has entered into this Agteement in reliance upon the particular reputation and expertise of Consultant. With the exception of retention of qualified local home energy auditors to conduct residential home energy assessments, the Consultant shall not enter into any sub-consultant agreements for the performance of any of the Services or additional services without County's prior written consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the subject project during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the project. Consultant shall require each sub-consultant, as approved by County and to the extent of the Services to be performed by the sub-consultant, to be bound to Consultant by the terms of this Agreement, and to assume toward Consultant all the obligations and responsibilities which Consultant, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any sub-consultant hired by Consultant and Consultant shall cooperate in such process. The Contractor shall be responsible for the acts and omissions of its agents, employees and sub-consultants or sub-contractors. 7 . Insurance. Consultant agrees to provide and maintain at Consultant's sole cost and expense, the following insurance coverage with limits of liability not less than those stated below: ^. Types oflnsurance. r. Workers' Compensation insurance as required by law. ii. Automobile coverage to be carried by Consultant or its sub-consultants, as applicable, if operating a motor vehicle during the performance of the Services. ii. Commercial General Liability coverage to include premises and operations, personaVadvertising injury, products/completed operations, broad form property damage with limits of liability not less than $1,000,000 per occurrence and $2,000,000 aggregate limits. b. Other Requirements. i. The commercial general liability coverage shall be endorsed to include Eagle County, its associated or affiliated entities, its successors and assigns, elected officials, employees, agents and volunteers as additional insureds. A certificate of insurance reflecting the commercial general liability coverage and foregoing requirement is attached hereto as Exhibit C. ii. Consultant's certificates of insurance shall include sub-consultants as additional insureds under its policies or Consultant shall furnish to County separate certificates and endorsements for each sub-consultant. All coverage(s) for sub-consultants shall be subject to the same minimum requirements identified above. Consultant and sub-consultants, if any, shall maintain the foregoing coverage in effect until the Services are completed. In addition, all such policies shall be kept in force by Consultant and its sub-consultants until the applicable statute of limitations for the Services has expired provided that the coverage is commercially available at a reasonable premium. iii. Insurance shall be placed with insurers duly licensed or authorized to do business in the State of Colorado and with an "A.M. Best" ratins of not less than A-VII. iv. If Consultant fails to secure and maintain the insurance required by this Agreement and provide satisfactory evidence thereof to County, County shall be entitled to immediately terminate this Agreement. v. The parties hereto understand and agree that the County is relying on, and does not waive or intend to waive by any provision of this Agreement, the monetary limitations or rights, immunities and protections provided by the Colorado Governmental Immunity Act, as from time to time amended, or otherwise available to County, its affiliated entities, successors or assigns, its elected officials, employees, agents and volunteers. vi. Consultant is not entitled to workers' compensation benefits except as provided by the Consultant, nor to unemployment insurance benefits unless unemployment compensation coverage is provided by Consultant or some other entity. The Consultant is obligated to pay all federal and state income tax on any moneys paid pursuant to this Agreement. 8. Indemnification. The Consultant shall indemnify and hold harmless County, and any of its officers, agents and employees against any losses, claims, damages or liabilities for which County may become subject to insofar as an such losses, claims, damages or liabilities arise out of, directly or indirectly, this Agreement, or are based upon any performance or nonperformance by Consultant or any of its sub-consultants hereunder including claims for bodily injury or personal injury including death, or loss or damage to tangible or intangible property; and Consultant shall reimburse County for reasonable attorney fees and costs, legal and other expenses incurred by County in connection with investigating or defending any such loss, claim, damage, liability or action. This indemnification shall not apply to claims by third parties against the County to the extent that County is liable to such third party for such claims without regard to the involvement of the Consultant. This paragraph shall survive expiration or termination hereof. 9. Ownership of Documents. All documents prepared by Consultant in connection with the Services shall become property of County. Consultant shall execute written assignments to County of all rights (including common law, statutory, and other rights, including copyrights) to the same as County shall from time to time request. For purposes of this paragraph, the term "documents" shall mean and include all reports, plans, studies, tape or other electronic recordings, drawings, sketches, estimates, data sheets, maps and work sheets produced, or prepared by or for Consultant (including any employee or subcontractor in connection with the performance of the Services and additional services under this Agreement). 10. Notice. Any notice required by this Agreement shall be deemed properly delivered when (i) personally delivered, or (ii) when mailed in the United States mail, first class postage prepaid, or (iii) when delivered by FedEx or other comparable courier service, charges prepaid, to the parties at their respective addresses listed below, or (iv) when sent via facsimile so long as the sending party can provide facsimile machine or other confirmation showing the date, time and receiving facsimile number for the transmission. Either party may change its address for purposes of this paragraph by giving five (5) days prior written notice of such change to the other party. COUNTY: Eagle County, Colorado Attention: Adam Palmer 500 Broadway Post Office Box 660 Eagle, CO 81631 Telephone: 97 0-328-87 34 Facsimile: 97 0-328 -87 88 With a copy to: Eagle County Attorney 500 Broadway Post Office Box 850 Eagle, Co 81631 Telephone: 97 0-328-8685 Facsimile: 97 0-328-8699 CONSULTANT: Walking Mountains Science Center Attention: Kim Langmaid Post Office Box9469 318 Walking Mountains Lane Avon. CO 81620 Telephone: 970-827-9725 ext. 131 Facsimile: 888-334-6125 1 1. Termination. County may terminate this Agreement, in whole or in part, at any time and for any reason, with or without cause, and without penalty therefor with seven (7) calendar days' prior written notice to the Consultant. Upon expiration or termination of this Agreement, Consultant shall immediately provide County with all documents as defined in paragraph t hereof, in such format as County shall direct and shall return all County owned materials and documents. Further, Consultant shall immediately return to County all unexpended funds advanced by County to Consultant. I2. Venue. Jurisdiction and Applicable Law. Any and all claims, disputes or controversies related to this Agreement, or breach thereof, shall be litigated in the District Court for Eagle County, Colorado, which shall be the sole and exclusive forum for such litigation. This Agreement shall be construed and interpreted under and shall be governed by the laws of the State of Colorado. 13. Execution by Counterparts: Electronic Signatures. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. The parties approve the use of electronic signatures for execution of this Agreement. Only the following two forms of electronic signatures shall be permitted to bind the parties to this Agreement: (i) Electronic or facsimile delivery of a fully executed copy of the signature page; (ii) the image of the signature of an authorized signer inserted onto PDF format documents. All documents must be properly notarized, if applicable. All use of electronic signatures shall be governed by the Uniform Electronic Transactions Act. C.R.S .24-71,3-I0I to I2I. 14.Other Contract Requirements. a. In rendering the Services hereunder, Consultant shall comply with the highest standards of customer service to the public. Contractor shall provide appropriate supervision of its employees to ensure the maintenance of these high standards of customer service and professionalism are maintained' The performance of such obligation shall be determined at the sole discretion of County. In the event County finds these standards of customer service are not being met by Consultant, County may terminate this Agreement, in whole or in part, upon seven (7) days' notice to Consultant. b. Consultant shall be responsible for the completeness and accuracy of the Services, including all supporting data or other documents prepared or compiled in performance of the Services, and shall correct, at its sole expense, all significant errors and omissions therein. The fact that the County has accepted or approved the Services shall not relieve Consultant of any of its responsibilities. Consultant shall perform the Services in a skillful, professional and competent manner and in accordance with the standard of care, skill and diligence applicable to Consultants performing similar services. c. Consultant represents and warrants that it has the expertise and personnel necessary to properly perform the Services and covenants that its professional personnel are duly licensed, to the extent required under applicable law, to perform the Services within Colorado. d. Consultant agrees to work in an expeditious manner, within the sound exercise of its judgment and professional standards, in the performance of this Agreement. Time is of the essence with respect to this Agreement. e. This Agreement constitutes an agreement for performance of the Services by Consultant as an independent contractor and not as an employee of County. Nothing contained in this Agreement shall be deemed to create a relationship of employer-employee, master-servant, partnership, joint venture or any other relationship between County and Consultant except that of independent contractor. Consultant shall have no authoritv to bind Countv. f. Consultant represents and warrants that at all times in the performance of the Services, Consultant shall comply with any and all applicable federal and state laws, codes, rules and regulations. g. Contractor shall comply with the Civil Rights Act of 1964 and Section 504, Rehabilitation Act of 1973, concerning discrimination on the basis of race, color, sex, age, religion, political beliefs, national origin or handicap. h. This Agreement contains the entire agreement between the parties with respect to the subject matter hereof and supersedes all other agreements or understanding between the parties with respect thereto. i. Consultant shall not assign any portion of this Agreement without the prior written consent of the County. Any attempt to assign this Agreement without such consent shall be void. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective permitted assigns and successors in interest. Enforcement of this Agreement and all rights and obligations hereunder are reserved solely for the parties, and not to any third party. k. No failure or delay by either party in the exercise of any right hereunder shall constitute a waiver thereof. No waiver of any breach shall be deemed a waiver of any preceding or succeeding breach. l. The invalidity, illegality or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision hereof. m. Consultant shall maintain for a minimum of three years, adequate financial and other records for reporting to County. Consultant shall be subject to financial audit by county auditors or their designees. Consultant authorizes such audits and inspections of records during normal business hours, upon 48 hours' notice to Consultant. Consultant shall fully cooperate during such audit or inspections. n. The signatories to this Agreement aver to their knowledge, no employee of the County has any personal or beneficial interest whatsoever in the Services or Property described in this Agreement. The Consultant has no beneficial interest, direct or indirect, that would conflict in any manner or degree with the performance of the Services and Consultant shall not employ any person having such known interests. o. The Consultant, if a natural person eighteen (18) years of age or older, hereby swears and affirms under penalty of perjury that he or she (i) is a citizen or otherwise lawfully present in the United States pursuant to federal law, (ii) to the extent applicable shall comply with C.R.S. 24-76.5-103 prior to the effective date of this Asreement. 15.Prohibitions on Government Contracts. If Consultant has any employees or subcontractors, Consultant shall comply with C.R.S. 8-17.5-101, et. seq., regarding lllegal Aliens- Public Contracts for Services, and this Agreement. By execution of this Agreement, Consultant certifies that it does not knowingly employ or contract with an illegal alien who will perform under this Agreement and that Consultant will participate in the E-verify Program or other Department of Labor and Employment program ("Department Program") in order to confirm the eligibility of all employees who are newly hired for employment to perform Services under this Agreement. a. Consultant shall not: t. Knowingly employ or contract with an illegal alien to perform Services under this Agreement; or ii. Enter into a subcontract that fails to certify to Consultant that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under the public contract for services. b. Consultant has confirmed the employment eligibility of all employees who are newly hired for employment to perform Services under this Agreement through participation in the E-Verify Progtam or Department Program, as administered by the United States Department of Homeland Security. Information on applying for the E-verify program can be found at: http://www.dhs. gov/xprevprot/pro erams/gc I I 8522 1 67 8 I 50. shtm c. Consultant shall not use either the E-verify program or other Department Program procedures to undertake pre-employment screening of job applicants while the public contract for services is being performed. d. If Consultant obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien, Consultant shall be required to: Notify the subcontractor and County within three (3) days that Consultant has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and ii. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to subparagraph (1) of the paragraph (d) the subcontractor does not stop employing or contracting with the illegal alien; except that Consultant shall not terminate the contract with the subcontractor if during such three (3) days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. e. Consultant shall comply with any reasonable request by the Department of Labor and Employment made in the course of an investigation that the department is undertaking pursuant to its authority established in C.R.S. 8- 1 7.5- 1 02(5). f. If Consultant violates these prohibitions, County may terminate the Agreement for breach of contract. If the Agreement is so terminated specifically for breach of this provision of this Agreement, Consultant shall be liable for actual and consequential damages to County as required by law. g. County will notify the Colorado Secretary of State if Consultant violates this provision of this Agreement and County terminates the Agreement for such breach' IREST OF PAGE INTENTIONALLY LEFT BI-A,NK] 10 IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first set forth above. EAGLE COTINTY, COLORADO By and Through its Board of County Commissioners SCIENCE CENTER S r^'tn^.bJ!f ) S+e,**a,hg /n-yr--s State of{p[q1.ruf,p- county "&$e- ) ) ) ingfore was acknowledged before me this (name title) of day of zotb av ), its (name of LARAINE THERESA SIEFERS NOTARY PUBLIC STATE OF COLORADO NOTARY lD 20134019677 MY COMMISSION EXPIRES MARCH 28,2011 4oJl corporatlon). NoTARYPUBLTc Aorrt ^lilrw&^5i aferr l [nar& &8,wt+ - nne McQueeney, q . Clerk to the Board Print Name: Ln-fAi ne My commission expires: 7L EXHIBIT A REBATES, INCENTTVES. MATERIALS The Eco-Build Funds provided by County under this Agreement shall be distributed by Consultant in accordance with Eagle County Land Use Regulations, this Agreement and any program standards developed by County and provided to Consultant from time to time during the term of this Agreement. The Eco-Build Funds provided to Consultant during the term of the Agreement are anticipated to fund the following Energy Smart Colorado rebates and expenses: (l) (2) (3) (4) (s) Rebates for approximately 50 Eagle County homes Rebates for approximately 20 Eagle County businesses Energy audits and assessments Quick fix materials to be used during energy audits and assessments Education and outreach events, supplies, collateral expense Total $30,000 $40,000 $30,000 $ 5,000 $10.000 $115,000 The dollar amounts identified in items one through five above reflect the preferred allocation for distribution of Eco-Build Funds under this Agreement. The parties agree that some deviation from the preferred allocation may occur. To that end, in the event Consultant desires to deviate by more than l0o/o in any one category it shall first notifu County and obtain its written authorization. L2 EXHIBIT B PERSONNEL The goal of Eagle County's Energy Smart program and Energy Resource Center at Walking Mountains Science Center is to provide a "one-stop-shop" for County residents and small businesses as a strategy to reduce overall community energy consumption20Voby 2020. Objectives of the Eagle County Energy Resource Center include: o Provide education and support to County residents about energy efficiency and renewable energy; o Administer a portion of Eco-Build funds by providing home energy assessments and energy efficiency and renewable energy rebates to County residents and small businesses;o Maintain a professional and skilled energy efficiency workforce in the County;o Implement energy efficiency projects in100 households and 20 small businesses annually;o Administer and distribute radon test kits for the County, provide coaching and incentives for radon mitigation; r Provide an income-qualified energy efficiency program to low income households;o Track energy efficiency results and report to the County on a quarterly basis;o Collaborate with other nonprofits throughout the region that are also implementing the Energy Smart program to maintain quality assurance and leverage resources. The following metrics are reported on quarterly to Eagle County: . Energy savings-Kilowatt Hours and Therms based on completed projects; o Economic stimulation-money spent on energy improvements due to Energy Smart program; o Number of households receiving energy assessments and dollar amount;o Number of households receiving energy efficiency rebates and dollar amount spent;r Number of households receiving renewable energy rebates and dollar amount spent;o Number of small businesses receiving energy efficiency rebates and dollar amount spent;o Number and type of quick fix energy efficiency supplies installed households and dollar amount spent; o Number of radon test kits distributed and radon mitigation improvements and the dollar amount spent; . Type of information outreach campaigns, advertisements, and associated results. The Eagle County Energy Smart Program/Energy Resource Center is managed and implemented by Consultant, who also partners with energy utilities on a contract fee-for-service basis to support the utility's energy efficiency goals. The revenues generated through contracts with utilities support Energy Resource Center expenses that are not covered by funding from the County including: personnel benefits, liability insurance, training expenses to maintain a qualified contractor workforce, program equipment, equipment repairs and maintenance, program specific license fees, vehicle expenses, mileage and travel, computers and computer support, phones, internet service, professional development, and other office equipment and supplies. During 2016 the amount not to exceed $110,000 will support the following personnel wages (total2.35 FTE) to manage and implement Eagle County's Energy Smart Program and Energy Resource Center: . Energy Programs Manager (1 FIE) at$23.561hr . Energy Programs Coordinator (1 FfE) at $17.07lhr L3 o Director of Sustainability & Stewardship Programs (.20 FTE) at $42.791hr r Marketing Manager (.10 FIE) $25.00/hr . Office & Finance Manager/Admin. Associate (.05 FfE) - $24.041hr In addition, Walking Mountains shall provide Energy Resource Center reception/welcome desk personnel (6-7 dayslweek,9 AM - 5 PM) at no expense to Eagle County. Consultant shall provide monthly invoices to the County which includes billable time and rates compiled from personnel identified above. The invoices shall include information on activities completed and/or events during the time period being billed. 74 EXHIBIT C CERTIFICATE OF INSURANCE 15 CERTIFICATE OF LIABILITY INSURANCE THIS CERTTFTCATE ts tssuEo AS A ttArren oe tuFo ::lm"Tj"o:5:.[?]^l5Fj1*f:Y:ll.g3tlt5_c3:1I11L1919.,_qxie1q 9R ar-ren rxE Covlnaee AFFoRDED By r]rE polrcrEsrL a vLtvlFBELOW' THIS CERTIFISATE oF INSURANCE DOES NOT CONSTTTUTE A COilTRACT EETWEEN THE rssutNc filsuRER(s), AUTHOR|ZET'REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER' 1MPoRTANT:}fthec€rtlftca|Eholder|ssnADD|TloHalttvsuneoJt,epo6ii"ilm," the terms and condluons of tha potlcy, certaln pollcles may requlre .n endorslmenl A Btatemsnt on lhls certlRcate does not confer rlghts to thecertlflcale holdsr In lleu of such endoresmanilcl $ndlj o?iFrher Risk Manasemenr Services, lnc. 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POI tCY I lMrr f100,000 iqnn ffrt 0EEcRIPT|o'loFoPcR^T|ot|s,Loc^tlo||s,vEll|ctE!(AcoRD|0|,^d'|luonr|fuor*r!ctrld"r.,,''.luo.rr."r,.o||nonlprcr|rrrqur,.ffi [he commercial oen€ral liatllity,coverago includos.Eagle,counly, lls associaied or atfiliatod entities, ils successors and assigns, olectedlfficials, employois, agonls and volunteors iJaOaiiional lnsurods. lsrlilicale Holder ls an Addilional Insurod as fespecls policy(ies), pursuanl to and subjoct to the policy's torms, dstinitions, conditions andrxclusions, HOLDER Eaglo County Alln: AtJnm palmor Envlronmenlal Policy Plannsr P O Box 850 Eaglo CO 81631 USA 8}IOULD AI{Y OF TIIE ABOUE OESCRISGD POttCIEt BE CANCEII.EO SEfORETHE EXPIRATIOII DATE THEREON ilOTICE W]LL gG DETIVEREO IIIACCoRDAT{CE wnH THE poucv pnovtltoNs. AUlfi OfiUGO REFflgtE {f^l,v8 //"iltdK o tgt8.20t4 AcoRD coRPORAT|ON, Tho AGORD nrmr rnd logo ere reglrbrcd mrrkr ol ACORO/ICORD 26l2014t0tl All rlghtl nrorvld.