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HomeMy WebLinkAboutC17-052 Walking Mountains Science CenterAGREEMENT FOR SERVICES BETWEEN EAGLE COUNTY, COLORADO AND WALKING MOUNTAINS SCIENCE CENTER THIS AGREEMENT ("Agree rnen C) is ef'f'ectiveas of 02/07/2017 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 tis a result of the Eagle County Ef"f"icient Building Code and those Nnds are deposited intoa Renew ables and ER"iciency Fund ("Eco -Build Fund") -,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 tis more f'ully set forth below (the "Preject")-, and WHEREAS, Consultant is authorized to do business in the State of'Colorado sand has the time,, skill, expertise, and experience necessary to provide the services-, and WHEREAS, Consultant desires toadminister and distribute portion of'the Eco -Build Fund to complement the servicesand programs it of'fers-, and WHEREAS, this Agreement shall govern the relationship between Consultant sand County in connection with the services. AGREEMENT NOW, THEREFORE, in consideration of" the foregoing and the f'ollowing promises Consultant and County agree as follows: I . Services. Consultant agrees to diligently provide all services, labor, personnel and materials necessary to perf'orin and complete the services described in Exhibit A ("Services") which is attached hereto sand incorporated herein by reference. The Services shall be perfornied inaccord ante with the provisions sand conditions of" this Agreement. It. I Consultant agrees to Nmish 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 perforin the Services. C17-052 b. Iii the event of" tiny conflict or iiiewisisteiicy betweeii the terms wid coiiditioiis set forth iii Exhibit A wid the terms wid coiiditioiis set forth iii this Agreetueiit, the terms wid coiiditioils set forth iii this Agreetueiit shill previil. C. Coiisulwiit tigrees thit it will riot enter into tray coiisultiiig or other tirnuigetneiits with third pirties thit will coiif'lict iii tray mwiiier with the Services. 2.Cowity's Represetitoive. The Eiiviromnei%il HeAth wid Sustiiiiibility Depirtmeiit's designee sh,ill be Coiisultwit's coi%ict with respect to this Agreemeiit wid performwice of'the Services. 3. "Terre of'the Agreemeig. This Agreetueiit shill commeiice upoii the dite first writteii tibove, wid subject to the provisions of'pinigmph 1.1 hereof', shill cmitiiiue iii f'ull force wid ef'f'ect through December 31, 2O 17 or upon completion of'the Services whichever is eirlier. 4. Exteiisioii or Modifigitioii. This Agreetueiit retry not fie tauended or supplemented, nor retrymy oblig,itioiis hereunder he wtived, except by tigreetueiit signed by both pirties. Noidditiomil services or work perfortued by Coiisultwit shill he the Nisis foridditioixil compeiisitioii unless rind until Coilsult.,111t h,is obtiiiied written truthoriztition wid ticknovwledgetneiit by County for such tidditiomil services. Accordingly, no course of'coiiduct or deiliiigs between the pirties, nor verbil chwige orders, express or implied ticcepttmce of'Atenitimis or tidditimis to the Services, wid no chtim thit County his heeii unjustly enriched by tmy tidditiomil services, whether or not there is in f',,Ict tiny such mijust eiirichmeiit, shill be the Nisis of',iiiy iiiereise in the conipeiisitioii ptyible hereunder. In the event thit written truthoriztitioll wid ticknovwledgiueiit by Comity for such tidditiomil services is not tituely executed rind issued in strict ,iccord,mce with this Agreetueiit, Comultwit's rights with respect to such tidditiomil services sh,,Ill he deemed wtived wid such f,,Iilure shill result in non-piymeiit for such tidditiomil services or work, performed. 5. Delivery Glnd Disbursement of'Eco-Build Fuiids. Turin g the terra, of" this Agreetueiit, Cowity sh,ill tidvwice tin timouiit not to exceed one hundred thirty -rive thousand dollars ($135,000) to Coiisulwiit for disbursement to third panties ars set forth herein. Such Eco -Build Funds shill be provided by Comity to Coiisultwit ars f'ollows: IIt. Upoii execution of'this Agreemeiit Cotuity,shall advanceseventy thousand dollars ($70,000) from the Eco -Build Fuiid to Coiisulwiit (the "First Distributioii"). b. At such time ars the First Distribution his leen or will within thirty (30) drys be expended for the purposes tiuthorized herein, then Coiisultwit shill provide tr writteii notice of'the s,ime to Comity. Upon receipt of" such notice, County wid Comultwit shill discuss wid mutwilly ,igree upon the timount of'the next distribution or distributions to Comulumt whichshall not exceed sixty-five thousand dollars ($65,000). The distribution of" the remiiiiiiig funds by County to Comultwit retry occur in one or more distributions to Comultwit rind shill be documented in. writing by the panties. The County Wmiger shill ticknowledge rind tipprove tmy distribution ifter the First Distributioii. 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 Tyre deposited into this account and the funds shall not lyre commingled with other accounts maintained by Consultant. d. Consultant shall identify the bank and bank account information in writing to County bef'ore the First Distribution occur,,. C. Consultant shall disburse the f-unds 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 titnes 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. Il" County is not satisf'ied with the completeness of'the inf'ormation and documentation created and maintained by Consultant, County may request Consultant to provide additional information or detail. 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. 9. Consultant shall provide a quarterly written update and in-person presentation to both the Eco -Build Fund Advisory Committee and Board of'County Commissioners on the status of" the Agreenient and disbursements. h. If" at my tante after or during the term orafter termination or expiration of'this Agreenient, County reasonably deterinines that trny payment theretofore paid by County to Consultant was improper because the Services for which payinent was made were not perfornled as set forth in this Agreement, then upon written notice of" such determination and request for reimbursement from County, Consultant shall forthwith return such paynient(s) to County. Upon terinination or expiration of" this Agreement, unexpended funds advanced by County, if" any, shall f'orthwith be returned to County. All funds received Thy Consultant under this Agreement shall Tyre or have been expended solely for the purpose for which granted, and my funds not so expended, including f'unds lost or diverted for other purposes, shall Tyre 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 lyre made to Consultant in respect of'any period after December 31 of" any year, without an appropriation theref'or Thy County in accordance with a budget adopted Thy the Board of" County Commissionens, in compliance with Article 25, title 30 of'the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29-140 1 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, See. 2fii). 6. Con1pens ,,I ti oil. Collsultwit will provide dedicited stif'finig toidmiiiister Eigle Co uilty's Eilergy Sm,irt Colorido prognim wid Araiiiister Delivery wid Disbursemeiit of'Eco-Build Fuiids oosirticukited in. p,ir,,igr,iph 5. oaf ove for the imouiit not to exceed one hundred ten thousand dollars ($110,000) gas reimbursetneiit. hivoices shill be paid monthly tis submitted to the Co wity wid shill include dewil gas ,irticul,ited in Exhibit B. 7. Sub-comultwits. Coiisultwit ickiiowledges that Cowity his eiitered into this Agreemeiit in. reliwice upon the particular reputation wid expertise of'Coiisultwit. With the exception of'reteiitioii of' clu,ilifited local home eiiergy iuditors to conduct residemiil ho ine energy issessi'llems, the Co mululilt shall not eater iiitowiy sub-comultmt tigreetueiits for the perforinwice oaf" tiny oaf" the Services oar ,,Idditioil,,Il services without Comity's prior writteii comem, which mty be withheld in Comity's sole discretion. Cowity shill have the right in its reisomible discretion toipprove gall personnel assigned to the subject project during the performmce oaf" this Agreement wid nos personnel to whom Cowity his pan objectioil, in. its reisoixible discretion, shill he tissigiied to the project. Coiisulwiit shill require each sub-coilsult,,lilt, ,Is approved by Comity wid to the extern oaf" the Services to be perfortued by the sub-coiisultwit, to he IY ouiid to Comultwit by the tennis oaf" this Agreetuem, wid toissuine towird Coiisultwit gall the obligitiolis sand respoiisibilities which Coiisulwiit, by this Agreetuem, tissumes toird Cowity. Cowity shill have the right (but moat the obligitioii) to eiiforce the provisimis oaf" this Agreemem igiiiist zany sub-comulwilt hired by Coiisultwit wid Coiisultwit shill cooperite iii such process. The Cmitnictor shill he respoiisible for the eicts,md omissioiis oaf" its wgeiits, employees wid sub-coiisultwits or sub-cmitnictors. hisurwice. Coiisultwit agrees to provide wid raiiiiwiiioat Comultwit's sole cost wid expense, the f'ollowiiig iiisurwice covenige with limits of'liibility moat less thiii those suited below: It. Types of'hisurwice. Worker,,' Compeiisitioii hiss nmee gas required by Iiw. ii. Automobile coverage to be cirried by Coiisultwit or its sub-comultwits, gas ,ipplic,ible, if" openitiiigi motor vehicle duriiig the perf'ormwice of'the Services. ii. Comnierciil Geiienil Likility covenige to include premises wid operitioiis, persomil/Avertisiiig injury, product s/conipleted operitioiis, broad form property dimige with limits of' likility nowt less then $1;000,;000 per occurreiice wid $2,000,000,iggregate limits. b. Other Requireinems. i. The co minereiil geiiend likility covenige shill he eiidorsed to include Ligle Cowity, its issociited orif'fitliited entities, its successors wid tissigiis, elected of'fitciils, eniployees, wgeiits wid volmiteers gas idditiomil iiisureds. A certificite of'iiisurwice ref'leetiiig the commerciil gement likility covenige sand foregoiiig recluiremeiit is Littiched hereto tis Exhibit C. ii. Coiisulwiit's certif'icrtes oCiiisurwice shill include sub-comultwits pis idditiomil iiisureds wider its policies or Coiisultwit shill furnish to Comity sepinite certif'icrtes wid eiidorsetueiits for M each sub -consultant. All coverage(s) for sub -consultants shall be subject to the same minimum requirements identifited above. Consultant and sub -consultants, if" zany, shall maintain the foregoing coverage in ef'f'ect until the Services are completed. In addition, all such policies shall he 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 cominercially available at a reasonable premium. iii. Insurance shall he placed with insurers duly licensed orauthorized to do business in the State oaf" Coloradosand with an "A.M. Best" rating oaf" nowt less than A-VIL iv. If' Co f.ails to secure and maintain the insurance required by this Agreenient and provide satisf,actory evidence thereof'to County, County shall the entitled to imnlediately terinin ate this Agreement. V. The parties hereto understand and agree that the County is relying on, and does not waive or intend to waive by tarry provision oaf" this Agreenient, 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 aH'iliated entities, successors or assigns, its elected of'f'icials, employees, agents and volunteers. vi. Consultant is not entitled to workers' co n1pensation benefits except as provided by the Consultant, nor to unemployinent insurance henefits unless unemployinent con1pensation coverage is provided by Consultant or sorne other entity. The Consultant is obligated to pay all federal and state income tax on tarry moneys paid pursuant to this Agreement. 8. Indemnification.. The Consultant shall indemnify and hold harmless County, and my oaf" its of'f'icers, agents and eniployeesagainst tarry losses, claims, damages or liabilities for which County may hero ine subject to insof,arlas pan such losses, claims, damages or liabilities arise out cal", directly or indirectly, this Agreement, oar tare based upon tarry perfonnance oo r nnperformance by Consultant orally oaf" 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 def'endingany such loss, claim, damage, liability oraction. This indemniflication 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 involvenient of'the Consultant. This paragraph shall survive expiration or terinination hereof'. 9. Ownersh of'Docunients. All documents prepared by Consultant in connection with the Services shall become property oaf' Co Consultant shall execute written assigninents to County oaf" tall rights (including common law, statutory, and other rights, including copyrights) to the sarne as County shall f'rom time to time request. For purposes oaf" this paragraph, the term "documents" shall rnean 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 tarry eniployee or subcontractor in connection with the performance oaf" the Services and additional services under this Agreenient). 1'f). Notice. Any notice required by this Agreement shall he deetned 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 f,acsimile so long as the sending party can provide f',acsimile 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 PaIrner 500 Broadway Post Of'f'ice Box 660 Eagle, CO 81631 Telephone: 970-328-8734 Facsimile: 970-328-8788 With a copy to: Eagle County Attorney 500 Broadway Post OR"ice Box 850 Eagle, Co 81631 Telephone: 970-328-8685 Facsimile: 970-328-8699 CONSULTANT: Walking Mountains Science Center Attention: John -Ryan Lockman Post OR"ice Box 9469 318 Walking Mountains Lane Avon, CO 81620 Telephone: 970-827-9725 ext. 1.31. Facsimile: 888-334-6125 IL Termination. County may terminate this Agreement, in whole or in part, at any time and forany 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 Agreenient, Consultant shall immediately provide County with all documents as defined in paragraph 9 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. 12. Venue, Jurisdiction and Applicable Law. Any and all claims, disputes or controversies related to this Agreenient, or breach thereof', shall be litigated in the District Court for Eagle County, Colo -ado, 0 which shall he the sole and exclusive Comm for such litigation. This Agreement shall be construed and interpreted under and shall he governed by the laws of" the State of" Colorado. 13. Execution by Counterparts; Electronic Signatures. This Agreement may he executed in two or more counterparts, each of" which shall he 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 ofelectronic signatures shall Ibe permitted to bind the parties to this Agreenient: (i) Electronic or facsimile delivery ofa fully executed copy cal" the signature page-, (ii) the image ofthe signature of an authorized signer inserted onto PDF format documents. All docunlents must he properly notarized, if" applicable. All use of electronic signatures shall be governed by the Uniform Electronic Transactions Act, C.R.S. 24-71.3-101 to 121. 14. Other Contract Requirements. It. 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 ofeustomer service and professionalism are maintained. The perfonnance 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 Agreenient, in whole or in part, upon seven (7) days' notice to Consultant. b. Consultant shall be responsible Cor the completeness and accuracy of" the Services, including all supporting data or other documents prepared or compiled in performance ofthe Services, and shall correct, at its sole expense, all significant errors and omissions therein. The i"act 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 pert'onn the Services and covenants that its professional personnel are duly licensed, to the extent required under applicable law, to perform the Services within Colorado. Consultant agrees to work in an expeditious manner, within the sound exercise of its judgment and professional standards, in the performance ofthis Agreement. Time is ofthe essence with respect to this Agreement. C. This Agreenient constitutes an agreenient for performance of the Services by Consultant as an independent contractor and not as an eniployee of County. Nothing contained in this Agreement shall be deemed to create a relationship ofemployer-employee, master -servant, partnership,joint venture or any other relationship between County and Consultant except that of independent contractor. Consultant shall have no authority to bind County. Consultant represents and warrants that at all tomes in the performance of" the Services, Consultant shall comply with any and all applicable federal and state laws, codes, rules and regulations. 19 9. Contractor shall comply with the Civil Rights Act of'] 964 and Section 504, Rehabilitation Act of'] 9 3, concerning discrimination on the basis of race, color, sex, age, religion, political belief',,, national origin or handicap. h. This Agreenient 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. Consultant shall not assign any portion of" this Agreenient without the prior written consent of" the County. Any attempt to assign this Agreement without such consent shall he void. This Agreenient shall the 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 cal" any breach shall Ilse deemed a waiver cal" any preceding or succeeding Breach. 1. The invalidity, illegality or unenforceability of" any provision of'this Agreement shall not af'f'ect the validity or en forceability of" any other provision hereof'. M. Consultant shall maintain fora minimum of- three years, adequate financial and other records for reporting to County. Consultant shall he 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 f'ully cooperate during such audit or inspections. 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 descrih. ed in this Agreement. The Consultant has no beneficial interest, direct or indirect, that would conf1ict in Amy manner or degree with the performance of" the Services and Consultant shall not employ any person having such known interests. 0. The Consultant, if'a natural person eighteen (1 8) years of" age or older, hereby swears and af'f'irms under penalty of" perjury that he or she (i) is a citizen or otherwise lawf'ully 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 ef'f'ective date of" this Agreement. 15. Prohibitions on.GovernmentContracts. lf'Consultant has any employees or subcontractors, Consultant shall comply with C.R.S. 8-17.5401, et. seq., regarding Illegal Aliens- Public Contracts for Services, and this Agreement. By execution of" this Agreement, Consultant certif'ies that it does not knowingly employ or contract with an illegal alien who 0 will perforin under this Agreement and that Consultant will participate in the E -verify Program or other Department of'Laborand Eniployment program ("Departinent Program") in order to confirm the eligibility of" all employees who are newly hired for employinent to perform Services under this Agreenient. It. Consultant shall not: Knowingly employ or contract with an illegal alien to perforin Services under this Agreenient-, or ii. Enter into subcontract that f,ails to certify to Consultant that the subcontractor shall not knowingly employ or contract with an illegal alien to perforin work, under the public contract for services. b. Consultant has confirmed the employinent eligibility of'all employees who are newly hired for employment to perform Services under this Agreenient through participation in the E- v'erif'y Program or Departinent Program, acs administered by the United States Department of" Hoineland Security. hiformation on applying for the E -verify program can be found at: lit[p://www.dlis.�()V/Xpi-e,vpl-()tlpl-()�ri-aiTis/�,e 1185221678150.shtm C. Consultant shall not use either the E -verify program or other Department Program procedures to undertake pre-eniployinent screening ofjob applicants while the public contract for services is being perfortned. d. If' Consultant obtains actual knowledge that a subcontractor perfonning work under the public contract for services knowingly employs or contracts with an illegal alien, Consultant shall he required to: i. 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 my reasonable request by the Department of' Labor and Eniployment made in the course of' an investigation that the departinent is undertaking pursuant to its authority established in C.R.S. 8-17.5-102(5). f'. If' Consultant violates these prohibitions, County may terminate the Agreenient for breach oaf' contract. if the Agreement is so terminated speeffically for breach of'this provision oaf this Agreenlent, Consultant shall be liable for actual and consequential damages to County as required by law. 0 9. County will notify the Colorado Secretary of' State if' Consultant violates this provision of'this Agreenient and County terminates the Agreement for such breach. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first set forth above. Attest: Regina O'Brien, Clerk to the Board EAGLE COUNTY, COLORADO By and Through its Board cal, County Commissioners By:- Jillian Ryan, Chair CONSULTANT: W,jl1';11g M(-�p , n1ce C71ter mlf,5! k 14hll 50,1111. 116,16 By:- .. ............................ . John -Ryan Lockman Energy Programs Director, Walking Mountains Science Center OR EXHIBIT A REBATES, INCENTIVES, MATERIALS The Eco -Build Funds provided by County under this Agreenient shall he distributed by Consultant in accordance with Eagle County Land Use Regulations, this Agregiment and tiny program standards developed by County and provided to Consultant from time to time during the term of" this Agreenient. The Eco -Build Funds provided to Consultant during the term of" the Agreement are anticipated to fund the fol lowin g Energy Smart Colorado rebates and expenses: (1) Rebates for approximately 60 Eagle County homes $30,000 (2) Rebates for approximately 35 Eagle County businesses $35,000 (3) Enemy tuditsincl ,assessments for 100 homes $40,000 (4) Quick fix materials to Be used during energy audits and assessments $ 5,000 (5) Education and outreach events, supplies, collateral expense $ 10,000 (6) Support for local CARE (Income-Qualifited) proramwith the $15,000 installation and payment ofenergy-efficiency in1provements for local income qualified families (80% AMI) Total $135,000 The dollar amounts identified in items one through six above reflect the preferred allocation for distribution of" Eco -Build Funds under this Agreenient. 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 10% in my one category it shall first notify County and obtain its written authorization. 11 EXHIBIT B PERSONNEL The goal of" pro gle County's Energy Smart Colorado pro gram rand Energy Resource Center tut 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 consuniption 20% by ?020 and to help Eagle County to achieve all goals within the "Climate Action Plan for the Eagle County Community". The objectives of the Eagle County Energy Resource Center tore to: • Provide education and support to County residents about energy efficiency and renewable energy, • Administer portion of" Eco -Build Funds by providing home energy ,assessments Lund energy efficiency and renewable energy rebates to County residents rand small businesses, • Maintain a professional and skilled energy efficiency work, force in the County, • Implement energy efficiency and/or renewable energy projects in I fi00 households and 35 small businessesanimally • Administer rand distribute radon test kits for the County and provide coachingand incentives for radon mitigation, • Provide an incoine-qualified energy efficiency program to low income households, • Track energy efficiency results and report to the County on a quarterly basis-, and • Collaborate with other nonprofits throughout the region that are also iniplementing the Energy Smart Colorado program to maintain quality assurance and leverage resources. The hallowing metrics are reported on a quarterly basis to Eagle County: • Energy savings—Kilowatt Hours and Therms based on completed projects, • Economic stimulation ........money spent on energy improvements due to Energy Smart Colorado program, • Number of'households receiving energy assessments and dollar amou spent', • Number of'households receiving energy efficiency rebates and dollar amou spent, • Number of'households receiving renewable energy rebates and dollar amount spent, • Number of'small businesses receiving energy efficiency rebates and dollar amount spent, • Number and type of'quick fix energy efficiency supplies installed households and dollar amount spent, • Number of" radon test kits distributed, number of" radon mitigation improvements and the dollar amount spent-, and • Type of'infonnation outreach campaigns, advertisements, and associated results. Consultant manages Eagle County's Energy Smart Colorado program/Energy Resource Center and also partners with energy utilities on to contract fee-for-service basis to support that utility's energy ef'f'iciency goals. The re venues generated through contracts with utilities support Energy Resource Center expenses that are not covered by funding from the County including: personnel henefits-, liability insurance, training expenses to maintain to qualified contractor workforce-, program equipinent-, equipinent repairs and maintenance-, program specific license fees -, vehicle expenses-, mileage and travel-, con1putersi and computer support-, phones-, internet service-, professional developinent-, and other off*ice equipment and supplies. OVA During 2 O17, the amount not to exceed $110,000 will support the following personnel wages (total 2.35 FrE) to manage and iniplenient Eagle County's Energy Smart Colorado pro gram and Energy Resource Center: • Energy Programs Director 0 FTE) at $23.56/hr • Energy Programs Coordinator (I FrE) at $17.07/hr • Director of" Sustainability & Stewardship Programs (.20 FrE) at $42.79/hr • Marketing Director (. 10 FTE) $25.00/hr • Office & Finance Manager/Admin. Associate (.05 FrE) — $24.04/hr In addition, Walking Mountains Science Center shall provide Energy Resource Center reception/welconle desk personnel (6-7 days/week, 9 AM — 5 PM) at no expense to Eagle County. Consultant shall provide monthly invoices to the County which includes billable time and rates co n1piled f'rompersoiiiielidentified ,ibove. The invoices shall include information on acti vitie s completed and/or events during the titne period heing billed. 13 EXHIBIT C CERTIFICATE OF INSURANCE 14 ACC>R" CER'TIFICA'TE OF LIABILITY INSURANCE (DATE gMr&[a[arvvvv 1 1018/2017 THIS CERTIFICATE IS I'S'SUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOE'S NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOE'S NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: It the certificate Colder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. It SUBROGATION IS WAIVED, subject to the 'terms and conditions, of the policy, certain policies may require an endorsement. A statement on this, cer'ti'ficate does not confer rights to the certificate holder in lieu of such endorsement s . PRODUCER '.CONTACT NAME. Arthur J.Gallagher Risk Management Services, Inc. PHIONIE 970 58FD-4407 F,ax .... 970 5,06-X70....... PO IEcx 4190 .Arc. U WIC+ 1100.. . . Estes Park CO 80517 ADDRESSE-MAIL.... INSURER A Phliladel hlia Irld'emrlit Insurance Co 118058 INSURED WAL KM.OU -01 IMSueee a ,'Pirlrl aclol As's uararlce !Cl,m parry ..................... 41190 Walking Mountains INSURER C Science Center P 0 IEcx 94019 INSURER P, Avon CO 81620 INSURER e ................................................. UVVItIF{AU1" U11=1 I IIl II. AI It IYIJMII3ICIF{: I,'-OOU'4V ICD K1 VIZ5IU N IYUMII3ICIF{: THUS IIS TO CERTIFY THAT THE POLICIES OF (INSURANCE LISTED BELOW HAVE BEEN (ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING 4N`A'' REQUIREMENT, TERM OR CONDITION OF 4N`A'' CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY RE (ISSUED OR MAY PERTAIN, THE (INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IIS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. iNSR................................................. AIDCIL"SURR............,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,.,, POLICY EFF , „POLICY EXP ..,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, LTR TYPE OF INSURANCE INSID WV D POLICY NUMBER N1hT0IDIYYY ly!MR IDWYYY LIMITS A X CCDMMERCIALGEMERALLIABILITY Y PHPNC'150'1096 6J912016 6J912017 EACHOCCURRENCE $1,000,000 CLAIMS -MALE X OCCUR DAMAGE TO RENTEC ERWlS1S.(EA ppurr r,peL.. 3D0,©00 (DESCRIPTION OF OPERATIONS f LOCATIONS( VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) The commercial general liability col,^ ter, qe incltacies Eagle I: oijnty, its ?l.asoci lteci or :lffili-lteci entities, its .ataccessors anci assigns, electeci officials, employees, agents anci voliinteers as aciciitional inmir'ecis. Certificate Holcier' is an Aciciit..ional Inmir'eci as respects policy(ies), pijr.aijant to anci sijbject to the policy's terms, ciefinit..ions, conciitions anti excliisions. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Engle County Attn: Adam (Palmer THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IM Environmental (Policy (Planner ACCORDANCE WITH THE POLICY PROVISIONS. P 0 Box 850 Engle CO 81631 IDSA AUTHOREZEID REPRESENTATIVE 01^988-2014 ACORD CORPORATION. All rights reserved. ACCORD 2 (2014/01) The ACORD name and logo are registered marks of ACORD PEED ExP (Anyrone person) $16,00[3 PERSONAL 8. ADV INJURY $1,00[3,[3( GEN'LAGGREGATE LIMIT APPLIES PER, i CENERAL AGGREGATE $2,000,0( X POLICY PRO LOC ,... ..... ,. PROD 4JCTS COMPrOP AGG $2,000,6( GIIHER: $, . AUTO111OBILELIABILITY PHPIC'160'1096 . 6J'912016 6J'912017 COMBINED SINGLE LIMIT$ .�.Ee,epderrl....., 1 ,000,0( X ANY AUTO L.J BODIIYIINURY(P�erp�er on) $,.,,,,,,. ALLOWNED ,. SCHEDULED AUTOS AUTOS ,..BODIILYIIN.JURY(Peraccident) ,$,,,,,,,,. NON -OWNED � PR,bPERT,Y''D, AM AGE... ....... $ HARED AUTOS AUTOS , (Per apcidenl) ............... A X UMBRELLA LIAR X OCCUR ..... PHUR64 186 6J912016 6J912017 EACH OCCURRENCE ...(AGGREGATE ................. $6,000,0( EXCESS LIAR CLAIIMS-MADE „REIfENIfIIC7,, ,,,,,,,,,,,,,,, ,,,,,,,,,,,,,,,,,,,,,,,,,,,, $6,000,0( ,,,,,,,,,,. DED X N 10, 000 $ LU WORKERSCONIPEMSATIOH 4012812 6,i'1t2016 6,1'1/2'017 X PEA,GRH ANDEMPLOYER LIABILITY YfM _$TAlJlE,.,,,, ......... ANYPROPRIETOR+PARTNER+EXECUTIVE E L EACH 100,000 OFFICERMEMBER EXCLUDED? F-1. MfA ,,,,,,,, (Mandatory In NH) E L DIISI'llEASE EA EMPLOYEE $100,000 III yes, describe under DESCRIPTION OF OPERATIONS Wow E L DISEASE POLICY LIMIT $600,000 A Crime Coverage PHPIC'150'1096 6J912016 6J912017 Crime Coverage 100,000 Deductible 600 (DESCRIPTION OF OPERATIONS f LOCATIONS( VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) The commercial general liability col,^ ter, qe incltacies Eagle I: oijnty, its ?l.asoci lteci or :lffili-lteci entities, its .ataccessors anci assigns, electeci officials, employees, agents anci voliinteers as aciciitional inmir'ecis. Certificate Holcier' is an Aciciit..ional Inmir'eci as respects policy(ies), pijr.aijant to anci sijbject to the policy's terms, ciefinit..ions, conciitions anti excliisions. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Engle County Attn: Adam (Palmer THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IM Environmental (Policy (Planner ACCORDANCE WITH THE POLICY PROVISIONS. P 0 Box 850 Engle CO 81631 IDSA AUTHOREZEID REPRESENTATIVE 01^988-2014 ACORD CORPORATION. All rights reserved. ACCORD 2 (2014/01) The ACORD name and logo are registered marks of ACORD