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HomeMy WebLinkAboutC18-034 Walking Mountains Science CenterAGREEMENT FOR SERVICES BETWEEN EAGLE COUNTY, COLORADO AND WALKING MOUNTAINS SCIENCE CENTER THIS AGREEMENT ("Agreement") is effective as of the 02/13/2018, 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, on December 5, 2017, the Board of County Commissioners for Eagle County signed a Letter of Intent to memorialize Eagle County's commitment to join other Stakeholders of the Climate Action Plan ("Stakeholders") to develop the Climate Action Collaborative ("CAC") through which Stakeholders can work together to implement and achieve Climate Action Plan ("CAIS') initiatives; and WHEREAS, The Stakeholders have articulated a shared vision for the Eagle County community to reduce greenhouse gas emissions in alignment with the recommended targets set forth in the CAP for the Eagle County Community, dated December 2016, (i.e., 25% by 2025 and 80% by 2050 from the 2014 Eagle County baseline inventory), and to collaborate on creating a vibrant, low -carbon regional economy by transforming energy systems, buildings, transportation, waste management, and through coordinated education and outreach strategies; and WHEREAS, County desires to support the ongoing growth and development of the Actively Green Sustainable Business Training and Certification Program as more fully set forth below in Exhibit B; and WHEREAS, County desires to retain Consultant to complete initiatives as identified by the CAC to implement the CAP in Eagle County as more fully set forth below in Exhibits A and C; 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, 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 agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the services described in Exhibits A, B, and C ("Services") which is attached hereto and incorporated herein by reference. The Services shall be performed in accordance with the provisions and conditions of this Agreement. C18-034 a. Consultant agrees to furnish the Services in accordance with the schedule established in Exhibits A, B, and C. If no completion date is specified in Exhibits A, B, and C, 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, B and C 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 arrangements with third parties that will conflict in any manner with the Services. 2. County's Representative. The Sustainable Communities Department's designee shall be Consultant's contact with respect to this Agreement and performance of the Services. I 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 December 31, 201$ 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. Compensation. Consultant will provide dedicated staffing to administer services to implement the Climate Action Plan initiatives as identified in Exhibits A, B, and C for the amount not to exceed one hundred thousand dollars ($100,000) as reimbursement. Invoices shall be paid monthly as submitted to the County and shall include detail as articulated in Exhibits A, B, and C. b. Sub -consultants. Consultant acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Consultant. The Consultant may enter into sub - consultant agreements for the performance of work related to the Climate Action Collaborative such as Project Management and Facilitation. 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. 2 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: a. Types of Insurance. i. Workers' Compensation insurance as required by law. H. 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, personal/advertising 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 D. 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" rating 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. 3 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. S. 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 4 Post office Box 660 Eagle, CO 81631 Telephone: 970-328-8734 Facsimile: 970-328-8788 With a copy to: Eagle County Attorney 500 Broadway Post Office Box 850 Eagle, Co 81631 Telephone: 970-328-8685 Facsimile: 970-328-8699 CONSULTANT: Walking Mountains Science Center Attention: Kimberly Langmaid Post Office Box 9469 318 Walking Mountains Lane Avon, CO 81620 Telephone: 970-827-9725 ext. 132 Facsimile: 888-334-6125 11. 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 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 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 Si airy. 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. 24-71.3-101 to 121. 5 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. & 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 authority to bind County. 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. L 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. 6 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. 1. The invalidity, illegality or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision hereof. in 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 (1$) 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 Agreement. 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 Illegal 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: i. Knowingly employ or contract with an illegal alien to perform Services under this Agreement; or 7 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 Program 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:llwww.dhs. ovlxprevprot/programs/gc 1185221678150.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. 8-17.5-102(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. 8 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 of Countv Commissioners Kathy Chandler -Henry, Chair CONSULTANT: Wal ng M sv.v* s ri s. S once nter By: ., .. ..... Kimberly Langmaid Vice President, Walking Mountains Science Center D EXHIBIT A Climate Action Collaborative — Project Management Goals and Outcomes by Quarter in 2018 GOALS FOR PROJECT MANAGEMENT OF CLIMATE ACTION COLLABORATIVE IN 2018 1) Build on 2017 outcomes to continue formalization and momentum of the Climate Action Collaborative: a. Work with Eagle County to ensure total funds needed for 2018 Project Management are secured ($88,100) b. Draft a letter of agreement ("LOA") between Climate Action Collaborative ("CAC") and Walking Mountains Science Center ("WMSC") for fiscal sponsorship of the CAC within WMSC c. Distribute LOA to CAC members, make revisions to LOA if needed d. Set up financial accounts for CAC within WMSC system and at Alpine Bank e. Send invoices to CAC members for 2018 financial commitments f. Draft job description for new CAC Project Coordinator g. Recruit, train, and supervise new CAC Project Coordinator (include purchase of new computer, set up of IT, phone, email, and employee benefits) 2) Provide support to CAC members as needed to ensure progress and reporting on their individual greenhouse gas ("GHG") emission reduction goals and plans are fulfilled: a. Create GHG reduction action plans with each CAC member to define their GHG reduction goals, and include the specific steps that will be taken to ensure accountability and completion of projects that showcase CAC deliverables and effectiveness b. Quarterly check in calls and/or meetings with representatives of CAC member organizations to ensure each has a GHG reduction goal, current strategies, outcomes for reporting, and to connect with resources for technical and financial support as needed c. Organize and host quarterly CAC meetings to ensure progress of the collective group, develop plans and strategies for GHG reductions and communications, proposed 2018 meetings to be held in March, June, September, and December d. Coordinate CAC sector working groups to ensure their SMART goals and objectives are met, coordinate with working group chairpersons, four meetings per year for each sector group or as needed, provide agendas, facilitation, and consistent notes, determine responsible persons, and provide follow up support, track progress e. Coordinate with Eagle County Sustainable Communities Department to determine availability of staff for technical expertise on commercial buildings energy efficiency for CAC members as needed 3) Develop and share an Annual Report to communicate accomplishments of the CAC: a. Create a draft outline of report content and gain input from CAC during Q1 meeting b. Provide basic report that highlights CAC deliverables and accountability to CAC members at June Q2 meeting to support members' 2019 budget planning and requests for CAC membership contributions c. Develop a system to collect both quantitative GHG data and qualitative success stories and images from each CAC member to capture and report on successes d. Partner with Holy Cross Energy, Energy Smart CO staff, and others as needed to secure data and stories to communicate success with CAC members e. Work with WMSC marketing staff and graphic designer to establish Annual Report and presentation template f. Provide written report and verbal presentation report to all CAC stakeholders during their organizational meetings, determine best meeting dates with each member 10 4) Coordinate with the CAC Education and Outreach Working Group, WMSC Marketing Director and In -Kind contributing partners and sponsors to determine financial scope (dependent on CAC member contributions) and support in the development of an education and outreach plan to engage the Eagle County community in GHG emission reduction programs and projects and celebrate the successes of CAC members reduce: a. Integrate CAC Project Management work with CAC education and outreach plan to support community engagement goals, strategies, and actions 5) Maintain and update existing WMSC CAP webpage with meeting materials, local news related to the CAC, and other relevant information. TIMELINE for 2018 First Quarter • Draft and complete letter of agreement between CAC and WMSC • Set up financials accounting systems and send invoices to CAC members • Develop job description for CAC Project Coordinator, recruit and train Coordinator prior to Q 1 CAC meeting in March • Coordinator outreach to individual CAC members to determine the GHG reduction goals, projects, needs, and success stories • Coordinator outreach to sector working group, to determine 2018 SMART goals, strategies, and needs • Coordinate and convene Q1 CAC meeting—establish governance roles and 2018 goals Second Quarter • Continued outreach with CAC members to provide access to GHG reduction resources and track successes • Begin support and outreach meetings with CAC members for 2019 budget planning (May - September) • Coordination with Education and Outreach Group and WMSC Marketing Director to develop brand and communications plan • Outreach to sector working groups to ensure progress on SMART goals • Complete and distribute CAC report to members • Track and report financial income and expenses for CAC • Coordinate and convene Q2 CAC meeting—track progress and ensure expectations are being met Third Quarter • Continued outreach with CAC members to provide access to GHG reduction resources and track successes • Support and outreach meetings with CAC members for 2019 budget planning (May -September) • Coordination with Education and Outreach Group and WMSC Marketing Director to activate communications plan • Outreach and support to CAC sector working groups to ensure progress on SMART goals • Track and report financial income and expense for CAC • Coordinate and convene Q3 CAC meeting—track progress, ensure expectations are being met, develop scope of work and projected budget for 2019 Fourth Quarter • Continued outreach with CAC members to provide access to GHG reduction resources and track successes 11 • Create and deliver to CAC members an Annual Report with both quantitative and qualitative outcomes • Evaluate 2018 progress and adjust plan and scope of work as needed for 2019 • Coordination with Education and Outreach Group and WMSC Marketing Director to ensure successful communications strategies • Outreach and support to CAC sector working groups to ensure progress on SMART goals • Track and report financial income and expense for CAC, work with Eagle County to ensure funding from CAC members and sponsors and funders for 2019 • Coordinate and convene Q4 CAC meeting—track progress, ensure expectations are being met, develop scope of work and projected budget for 2019, provide annual report BUDGET Total Project Management budget for 2018 is $88,110 of which Eagle County will contribute $56,000 to be paid to WM during 2018 in quarterly installments of $14,000 pending invoices with actual expenses. The calculations for WMSC staff time below are 75% of the total amount needed. The additional amounts of $10,000 for facilitation contractor and guest speakers and the $2,000 for meeting expenses will be covered with CAC member contributions. WMSC Staff Time CAC Oversight and Strategy Coordination and Member Services Bookkeeping and Financial Reporting Contracted Services: facilitator, guest speakers Meeting Expenses: materials, food, mileage Total Needed Eagle County Contribution 13,500 10,000 60,000 45,000 2,600 1,000 10,000 0 2,000 0 Totals $88,100 To be paid to WMSC in quarterly installments of $14,000. 12 $56,000 EXHIBIT B ACTIVELY GREEN PROGRAM Goals and Outcomes by Quarter in 20 18 First Quarter • WMSC will provide a workshop in February for local businesses, focused on the Climate Action Plan and creation of GHG emission reduction action plans for each business. • WMSC will provide one-on-one outreach and sustainable business coaching to each business seeking Actively Green certification. • WMSC will launch the new advanced (silver and gold) levels of Actively Green certification with a March advanced -level training. This will include outreach to currently certified businesses and guidance through the advanced -level certification process. • WMSC will recruit businesses, through a variety of outreach efforts, to attend the February event/workshop and the April Actively Green introductory group training. • WMSC will provide 1-2 trainings on the new and improved sustainability management system online platform for all businesses participating in the Actively Green program Second Quarter • WMSC will provide an Actively Green introductory group training in April and an additional introductory group training in June. • WMSC will provide a sustainability -centered event/workshop in May for local businesses, focused on a particular best management practice in sustainability. • WMSC will recruit businesses, through a variety of outreach efforts, to attend the May event/workshop and June Actively Green introductory group training. • WMSC will provide one-on-one outreach and sustainable business coaching to each business seeking certification. • WMSC will check in with each business about their GHG reduction action plans and provide support as needed. Third Quarter • WMSC will provide a sustainability -centered event/workshop in July for local businesses, focused on a particular best management practice in sustainability. • WMSC will provide an Actively Green introductory group training in August. • WMSC will also provide a sustainability -centered event/workshop in September for local businesses, focused on a particular best management practice in sustainability. • WMSC will recruit businesses, through a variety of outreach efforts, to attend the July and September event/workshops and the August Actively Green introductory group training. • WMSC will provide one-on-one outreach and sustainable business coaching to each business seeking certification. • WMSC will check in with each business about their GHG reduction action plans and provide support as needed. Fourth Quarter ■ WMSC will provide an advanced -level certification (silver and gold) training in October. This will include outreach to currently certified businesses and guidance through the advanced -level certification process. ■ WMSC will finalize certification of at least 10 new businesses at the "bronze" level and provide public recognition during the Actively Green Sustainable Business annual awards in November. 13 WMSC will establish a new climate action annual award to recognize accomplishments in reducing GHG emissions during the annual awards event. WMSC will create a summary report focused on GHG emission reduction accomplishments among all AG certified businesses to share with Eagle County and CAC members, report will also include aggregated metrics for GHGs, waste diversion and recycling, and water use. BUDGET Actively Green Trainings $7,000 Three introductory group trainings (April, June, August) Recruitment, Facilitation/Teaching, Follow Up Upgraded Sustainability Management System Trainings Sustainability Best Management Practices $7,500 Four Events/Workshops on Four Separate Sustainability Best Management Practices Actively Green Customized Sustainable Business Coaching and $5,500 Certification Desk Assessments Program Supplies, Staff Time, Mileage Launch of New Advanced Certification Levels $2,000 Two Group Trainings Outreach, Group Training, Coaching Work with Actively Green Businesses to integrate Climate Action Plan GHG reduction goals and provide annual Summary report of accomplishments to Eagle County and CAC Project Coordinator $2,000 Total $24,000 To he paid to WMSC in quarterly installments of $6,000. 14 EXHIBIT C: 2018 CLIMATE ACTION PLAN COMMUNITY SURVEY Objective: To support the goals of the Climate Action Plan (CAP) of the Eagle County Community, create and market a community survey that will provide the Climate Action Plan Collaborative a solid understanding of Eagle County residents opinions on the plan, how climate change impacts personal values and attitudes toward mitigation strategies and actions to tailor future messages to engage and create action depending on survey responses. In addition, the survey will create a list of local contacts to communicate with for additional 2018 CAP education and outreach campaigns and strategies. 2018 GOALS and OUTCOMES: • WMSC shall contract with a professional survey company to create the statistically valid survey and provide analysis of the data. • Survey will be developed and publicly launched in January 2018 • The survey will provide at least 382 responses which is required based on 60,000 Eagle County residents to be statistically significant. The goal for the survey campaign is 400-700 responses. • Survey will be available in both English and Spanish. WMSC will directly engage Hispanic community to participate in the survey. • The survey will utilize a multi -medium marketing campaign to engage public participation which will include: o Social media advertising o Vaildaily.com advertising o Print ad campaign o E-mail campaign o Encourage collaborative partners to send emails, social posts etc. • WMSC will provide staff time to manage the process, host the survey, execute the paid marketing campaign for the survey, analyze the results and share the data and suggested next steps with the collaborative. 1 1.1II00 yI Il $5,000 — Third party professional survey development and execution $8,000 — WMSC staff time to coordinate all elements of the survey implementation $7,000 — Paid marketing campaign focused on survey responses (digital, social, print buys, etc.) TOTAL: $20,000 WMSC shall invoice the County on a quarterly basis for reimbursement of costs directly incurred from the budget above and scope of work described herein. 15 EXHIBIT D CERTIFICATE OF INSURANCE 16 ,a CCW"® CERTIFICATE OF LIABILITY INSURANCE HATE (MM DDrvvvv) 1 8/3/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rig hts to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Arthur J. Gallagher Risk Management Services. Inc. PHONE 970 -586-4407 Fax 970-586-3370 PO Box 4190 E-MAIL Estes Park CO 80517 ADDRESS: INSURERA-Philadelphia Indemnity Insurance Company 118058 INSURED WALKMOU-01 INSURER a:Pinnacol Assurance Company 41190 Walking Mountains INSURER C: Science Center INSURER D: P O Box 94W9 — Avon CO 81620 INSURER E: — PnVCRAf•±CC PCRTICIPATC Kill IRAM W12• 17n7747751 0CVICInK1 KII IRBRCR- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR DDL-SUBR POLICY EFF L Y EXP LTR TYPE OFINSURANCE INSD WVD POLICY NUMBER DDI MIDDIYY LRATS A X COMMERCIAL OENERALLIABILnY Y PHPKI665721 6/9/2017 6/9/2018 EACH OCC URRENCE $1,000,00D CLAIMS -MADE FX OCCUR PREMISS[ RENTED $ 000 MED EXP (Anyone ) $15,000 PERSONAL&ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GE NTAGGREGATE LIMIT APPLIES PER: X PRG - POLICY JECTPRO- LOC PRODUCTS - COMPIOP AGG $2,000,000 $ OTHER.. A AUTOMOBILE LIABILITYPHPKI665721 6/9/2017 6!91201$ Ea accident IN LE LIMIT $1 000000 ANY AUTO X1Per SoDILY INJURY [Per person] $ OWNED SCHEDULED AUTOS ONLY AUTOS 60DILY INJURY [Per accident] $ AUTOS ONLY AHIRED NON -OWNED OLY PROPERTY DAMAGE $ accident A X UMBRELLAUAB X OCCUR PHUB587186 6/9/2017 6/9/2018 EACH OCCURRENCE $5,000,000 AGGREGATE $5,000,000 EXCES$ LIA6 CLAIMS -MADE DED X I RETENTION $10,000 $ B WORKERS COMPENSATION AND EMPLOYERS LIAB ILMY ANY PROPRIETORIPARTNERIEXECUTIVE Y� 4012812 5/1/2017 51112D18 X I PTA TE OERTH- E.L. EACH ACCIDENT $100,000 OFFICERIMEMBER EXCLUDED? NIA E.L. DISEASE - EA EMPLOYEE $100,000 (Mandatary In NH) If yes, describe under DESCRIPTION OF OPERATIONS below E. L. DISEASE -POLICY LIMIT $50D,DOO A Crime Coverage PHPKI665721 6/9/2017 6/9/2018 Crime Coverage $1 00,00D Deductible $500 DESCRIPTION OF OPERATIONS I LOCATIONS VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached IL more space Is required) The commercial general liability coverage includes Eagle County, its associated or affiliated entities, its successors and assigns, elected officials, employees, agents and volunteers as additional insureds. Certificate Holder is an Additional Insured as respects policy(ies), pursuant to and subject to the policy's terms, definitions, conditions and exclusions. CERTIFICATE HOLDER CANCELLATION Eagle County Ann: Adam Palmer Environmental Policy Planner P O Box 850 Eagle CO 81631 USA AUTHORQED REPRESENT ©19$$-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ACORD 25 (2016,+03)