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HomeMy WebLinkAboutC19-125 Adaptation InternationalDocuSign Envelope ID: EFA40561-97A4-4B4C-802D-73894C1B4DB8 AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN EAGLE COUNTY, COLORADO AND ADAPTATION INTERNATIONAL, LLC THIS AGREEMENT ("Agreement") is effective as of the 4/19/2019 by and between ADAPTATION INTERNATIONAL, a Limited Liability Company, registered in the State of Texas (hereinafter "Consultant' or "Contractor") and Eagle County, Colorado, a body corporate and politic (hereinafter "County"). RECITALS WHEREAS, County desires to have Consultant develop a Resilience Plan, including a needs assessment, stakeholder process, plan development, and public review / presentation (the "Project'); and WHEREAS, County posted a Request For Proposals and reviewed numerous qualified respondents and selected the Consultant who was determined the most qualified to complete the Project from the review committee; 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 as defined below in paragraph 1 hereof; 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 Exhibit A ("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. a. The Parties agree that the Services shall also include the following: i. Meeting Attendance. Consultant shall meet regularly with the Eagle County Project Representative (defined below) to discuss progress, present material and information and respond to questions regarding the Project. Meetings will be a combination of in-person, conference call, and video conference media. DocuSign Envelope ID: EFA40561-97A4-4B4C-802D-73894C1B4DB8 ii. Preparation of Deliverables: Consultant shall prepare the documents and reports set forth in Exhibit A and shall recommend alternative solutions as necessary. Further, Consultant shall review documents and reports with the Eagle County Project Representative so as to eliminate areas of conflict and for coordination, accuracy, and completeness. b. Consultant agrees to furnish the Services no later than December 31 st, 2019, and in accordance with the schedule established in Exhibit B. If no completion date is specified in Exhibit 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. C. In the event of any conflict or inconsistency between the terms and conditions set forth in Exhibit A and Exhibit B and the terms and conditions set forth in this Agreement, the terms and conditions set forth in this Agreement shall prevail. d. 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. Project Representatives. Adam Palmer, Sustainability Director, shall be Eagle County's Project Representative and shall be Consultant's contact with respect to this Agreement. Alexander (Sascha) Petersen shall be Consultant's Project Representative and shall be County's contact with respect to this Agreement. Neither County's nor Consultant's representative shall be changed with less than ten (10) days prior written notice to the other party. 3. Term of the Agreement. This Agreement shall commence upon the date first written above, and subject to the provisions of paragraph 12 hereof, shall continue in full force and effect through December 31st, 2019. 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 in accordance with County's internal policies. 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. County shall compensate Consultant for the performance of the Services in a sum computed and payable as set forth in Exhibit A. The performance of the Services under this Agreement 2 Eagle County Prof Services Final 5/14 DocuSign Envelope ID: EFA40561-97A4-4B4C-802D-73894C1B4DB8 shall not exceed $40,000. 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, and such other detail as County may request. b. Any out-of-pocket expenses to be incurred by Consultant and reimbursed by County shall be identified on Exhibit A. Out-of-pocket expenses will be reimbursed without any additional mark-up thereon and are included in the not to exceed contract amount set forth above. Out-of-pocket expenses shall not include any payment of salaries, bonuses or other compensation to personnel of Consultant. Consultant shall not be reimbursed for expenses that are not set forth on Exhibit A unless specifically approved in writing by County. C. 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. d. 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. e. 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 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. 29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). 6. Sub -consultants. Consultant acknowledges that the County has entered into this Agreement in reliance upon the particular reputation and expertise of Consultant. With the exception of the parties named in Exhibit A, 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 the 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 3 Eagle County Prof Services Final 5/14 DocuSign Envelope ID: EFA40561-97A4-4B4C-802D-73894C1B4DB8 process. The Consultant 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. Workers' Compensation insurance as required by law. ii. Auto coverage with limits of liability not less than $1,000,000 each accident combined bodily injury and property damage liability insurance, including coverage for owned, hired, and non -owned vehicles. iii. 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. The automobile and commercial general liability coverage shall be endorsed to include Eagle County, its associated or affiliated entities, its successors and assigns, elected officials, employees, and agents as additional insureds. 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 Project and the Services has expired. 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. Consultant's insurance coverage shall be primary and non-contributory with respect to all other available sources. Consultant's policy shall contain a waiver of subrogation against Eagle County. V. All policies must contain an endorsement affording an unqualified thirty (30) days' notice of cancellation to County in the event of cancellation of coverage. Vi. All insurers must be licensed or approved to do business within the State of Colorado and all policies must be written on a per occurrence basis unless otherwise provided herein. 4 Eagle County Prof Services Final 5/14 DocuSign Envelope ID: EFA40561-97A4-4B4C-802D-73894C1B4DB8 vii. Consultant's certificate of insurance evidencing all required coverage(s) is attached hereto as Exhibit C. Upon request, Consultant shall provide a copy of the actual insurance policy and/or required endorsements required under this Agreement within five (5) business days of a written request from County, and hereby authorizes Consultant's broker, without further notice or authorization by Consultant, to immediately comply with any written request of County for a complete copy of the policy. viii. Consultant shall advise County in the event the general aggregate or other aggregate limits are reduced below the required per occurrence limit. Consultant, at its own expense, will reinstate the aggregate limits to comply with the minimum limits and shall furnish County a new certificate of insurance showing such coverage. ix. 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. X. The insurance provisions of this Agreement shall survive expiration or termination hereof. xi. 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. xii. 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 any 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; 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 5 Eagle County Prof Services Final 5/14 DocuSign Envelope ID: EFA40561-97A4-4B4C-802D-73894C1B4DB8 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 worksheets produced, or prepared by or for Consultant (including any employee or subconsultant in connection with the performance of the Services and additional services under this Agreement). Notwithstanding the above, the Consultant does not convey any right to any document or material utilized by the Consultant that was created or produced separate from the Agreement or was preexisting material (not already owned by the County). This work shall continue to be owned by the Consultant (or sub - consultant as appropriate). For example, the Consultant expects to incorporate its pre-existing process and materials designed specifically for conducting collaborative meetings to evaluate and prioritize adaptation strategies. To the extent that this, or other preexisting materials, are incorporated into the Work, the Consultant, grants an irrevocable, non-exclusive, royalty -free right and/or license to the County to use, execute, reproduce, display, and transfer the preexisting material but only as an inseparable part of the project. The Consultant and the County may make and retain copies of such documents for its information and reference in connection with their use on the project. The Consultant does not represent or warrant that such documents are suitable for reuse on extensions of the project, or on any other project. 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 transmitted via e-mail with confirmation of receipt. 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, Sustainability Director 500 Broadway Post Office Box 850 Eagle, CO 81631 Telephone: 970-328-8734 Facsimile: 970-328-7185 E -Mail: adam.palmer@eaglecounty.us With a copy to: Eagle County Attorney 500 Broadway Post Office Box 850 Eagle, Co 81631 Telephone: 970-328-8685 Facsimile: 970-328-8699 E -Mail: atty@eaglecounty.us 6 Eagle County Prof Services Final 5/14 DocuSign Envelope ID: EFA40561-97A4-4B4C-802D-73894C1B4DB8 CONSULTANT: Adaptation International Attention: Alexander (Sascha) Petersen 1102 Fieldcrest Drive Austin, TX 78704 Telephone: 512-585-8592 E -Mail: sascha@adaptationinternational.com 11. Coordination. Consultant acknowledges that the development and processing of the Services for the Project may require close coordination between various consultants and contractors. Additional coordination requirements beyond those listed in Exhibit A shall be discussed and approved by both parties in writing. If additional coordination requirements mandate revision to this Agreement, such revision shall be in writing signed by both parties in compliance with paragraph 4. Consultant shall coordinate the Services required hereunder with the other consultants and contractors that are identified by County to Consultant from time to time, and Consultant shall immediately notify such other consultants or contractors, in writing, of any changes or revisions to Consultant's work product that might affect the work of others providing services for the Project and concurrently provide County with a copy of such notification. Consultant shall not knowingly cause other consultants or contractors extra work without obtaining prior written approval from County. If such prior approval is not obtained, Consultant shall be subject to any offset for the costs of such extra work. 12. 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 therefore with seven (7) calendar days' prior written notice to the Consultant. Upon 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. County shall pay Consultant for Services satisfactorily performed to the date of termination. 13. 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. 14. 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 into PDF format documents. All use of electronic signatures shall be governed by the Uniform Electronic Transactions Act, C.R.S. 24-71.3-101 to 121. 15. Other Contract Requirements. Eagle County Prof Services Final 5/14 DocuSign Envelope ID: EFA40561-97A4-4B4C-802D-73894C1B4DB8 a. 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 at the time of completion, 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. 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 perform the Services within Colorado. This paragraph shall survive termination of this Agreement. b. 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. C. 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. d. Consultant represents and warrants that at all times in the performance of the Services, Consultant shall comply with any and all applicable laws, codes, rules and regulations. e. 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. f. Except as already specified in Exhibit A, the 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. g. 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. h. 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. i. The invalidity, illegality or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision hereof. j. 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 federal, state or county s Eagle County Prof Services Final 5/14 DocuSign Envelope ID: EFA40561-97A4-4B4C-802D-73894C1B4DB8 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. k. 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. 1. 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 Agreement. 16. Prohibitions on Government Contracts. As used in this Section 16, the term undocumented individual will refer to those individuals from foreign countries not legally within the United States as set forth in C.R.S. 8-17.5-101, et. seq. If Consultant has any employees or subcontractors, Consultant shall comply with C.R.S. 8-17.5-101, et. seq., and this Agreement. By execution of this Agreement, Consultant certifies that it does not knowingly employ or contract with an undocumented individual 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 undocumented individual 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 undocumented individual 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: htti)s://www.uscis.gov/e-verify 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. 9 Eagle County Prof Services Final 5/14 DocuSign Envelope ID: EFA40561-97A4-4B4C-802D-73894C1B4DB8 d. If Consultant obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an undocumented individual, Consultant shall be 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 undocumented individual; and ii. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to subparagraph (i) of the paragraph (d) the subcontractor does not stop employing or contracting with the undocumented individual; 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 undocumented individual. 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). £ 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. [REST OF PAGE INTENTIONALL Y LEFT BLANK] 10 Eagle County Prof Services Final 5/14 DocuSign Envelope ID: EFA40561-97A4-4B4C-802D-73894C1B4DB8 IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first set forth above. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its COUNTY MANAGER By. [—DocuSigned by: �SU'a e E ffl',2 Uunty Manager CONSULTANT: ADAPTATION INTERNATIONAL, LLC 1—j cuSigned'b/y: By. �a�c E22DMC25D42431_. Elizabeth Rohlich Title: Chief Executive Officer 11 Eagle County Prof Services Final 5/14 DocuSign Envelope ID: EFA40561-97A4-4B4C-802D-73894C1B4DB8 EXHIBIT A SCOPE OF SERVICES and FEES Assumptions Eagle County will collaborate on identification and invitation of stakeholders to be included in Resilience Working Group (RWG). The County will host, manage logistics, and assume costs for all stakeholder workshops and meetings. Eagle County will provide mapping and GIS layers; assistance identifying local relevant plans, policies, and other documents; and direct support by department staff as necessary. Tasks The Project Team consists of Adaptation International LLC, Lotus Engineering and Sustainability LLC, and the Aspen Global Change Institute. It may also include strategic involvement and advice from the Wester Water Assessment. The project consists of the following phases and associated tasks: 1. Needs Assessment: The successful consultant shall conduct a needs assessment to include the following items. The goal of the collaborative assessment is to identify key issues of concern and identify priority areas that can be used to focus the resilience action development process. a. A literature review that describes potential climate vulnerabilities/impacts and also model plans, policies/strategies and best practices, especially from other winter resort communities. b. A review of relevant local plans, policies and programs that already exist and can support the resilience framework (e.g., hazard mitigation plans, land -use regulations, watershed plans, economic development plans, governmental services to vulnerable populations, etc.). c. Data gathering and analysis through a resilience, equity, and environmental justice lens: maps (source water area and watershed protection plans, vulnerable infrastructure, wildfire hazard map, FEMA flood plain/flood hazard maps); GIS population/geographic mapping; census data (e.g. race/ethnicity, income, other vulnerable populations), climate and weather forecasts and trends. d. Presentation of assessment conclusions, along with recommendations for key components of the framework, and a draft outline of the Plan. 2. Stakeholder Process. Based on the needs assessment, identify and establish the Resilience Working Group (RWG) of County and community stakeholders in partnership with core Eagle County Resilience Team members, and facilitate stakeholder meetings to identify goals, policy/strategies and key partner commitments for each component of the framework. 12 Eagle County Prof Services Final 5/14 DocuSign Envelope ID: EFA40561-97A4-4B4C-802D-73894C1B4DB8 a. Support and advise the RWG with resilience planning best practices, key strategies, policy issues, and opportunities. Provide technical assistance to the RWG and sector subcommittees (if deemed necessary) as requested. Including no more than two in-person workshops with the RWG. b. Perform key informant interviews with up to eight individuals to better enhance an understanding of the threats and opportunities that Eagle County is likely to encounter, in addition to resilience capabilities and resources that already exist through local policy, plans and programs, and integrate the inventory of county resilience capabilities and resources into the Plan document. c. Identify any gaps in the process and assessment and support the RWG in completing those necessary tasks to prioritize and fill those gaps. 3. Plan Development. From needs assessment and stakeholder input, construct draft plan outline and compile input into a document outlining best practice recommendations which are usable and understandable to stakeholder representatives and the public. a. Present the RWG with a draft outline and key elements of the Plan for feedback and additional input. b. Facilitate the development and articulation of strategies identified by the RWG for inclusion into the Plan in a logical sequence and using direct actionable language. c. Present draft version(s) of the Plan to the RWG as necessary to refine the improve the document, rechecking with the original goals and needs assessment work to ensure the document is on track. d. Complete final draft Plan, including aesthetic layout, formatting, and graphics. 4. BOCC/Public Review and Presentation of Plan. Work with the County staff to co -present the Plan final draft to the Eagle County Resilience Team/Resilience Work Group and the Eagle County Board of Commissioners for review and input. Upon completion, provide final document(s) to County along with up to two final / additional presentations to the Board of County Commissioners and/or public/stakeholder group (to be determined). An effort will be made to consolidate the presentations in order to reduce travel costs and associated greenhouse gas emissions. Deliverables 1. Needs assessment 13 Eagle County Prof Services Final 5/14 DocuSign Envelope ID: EFA40561-97A4-4B4C-802D-73894C1B4DB8 2. Stakeholder identification and prioritization of risk factors and actions that can enhance the resilience of Eagle County. 3. Development and completion of Resilience Plan 4. Shared presentation of Plan with staff and resilience team to BOCC Budget Detail Total $36,375 Eagle County Resilience Travel Expenses WorkshopTravel Expenses per (three people) Sub -Total Description Unit cost Units Quantity Mileage $0.55 trip 870 $474.15 Travel Hours $50 hour 18 $900.00 Total: $1,374.15 Local Travel Sub -Total Description Unit Cost Units Quantity Mileage (carhondale) $0.55 trip 100 $54.50 Mileage (Denver) $0.55 trip 250 $136.25 Total, $190.75 EXHIBIT B PROJECT SCHEDULE Travel Expenses per person trip for Sub-Tatal Description Quantity Trips for Workshop 2 $2,748.30 Local Trips for Meetings 4 $763.00 Total $3,511.30 14 Eagle County Prof Services Final 5/14 Labor Costs Cost Phase I: Needs Assessment and Asset Mapping $11,500 Phase II: Stakeholder Process $17,750 Phase III: Plan Development $6,500 Phase IV: Presentation of the Plan $625 Total $36,375 Eagle County Resilience Travel Expenses WorkshopTravel Expenses per (three people) Sub -Total Description Unit cost Units Quantity Mileage $0.55 trip 870 $474.15 Travel Hours $50 hour 18 $900.00 Total: $1,374.15 Local Travel Sub -Total Description Unit Cost Units Quantity Mileage (carhondale) $0.55 trip 100 $54.50 Mileage (Denver) $0.55 trip 250 $136.25 Total, $190.75 EXHIBIT B PROJECT SCHEDULE Travel Expenses per person trip for Sub-Tatal Description Quantity Trips for Workshop 2 $2,748.30 Local Trips for Meetings 4 $763.00 Total $3,511.30 14 Eagle County Prof Services Final 5/14 DocuSign Envelope ID: EFA40561-97A4-4B4C-802D-73894C1B4DB8 Project Timeline: Phase I: Needs Assessment - through June 2019 Phase II: Stakeholder Process - May 2019 through October 2019 Phase III: Plan Development - August 2019 through December 2019 Phase IV: Presentations to BOCC - November 2019 through December 2019 15 Eagle County Prof Services Final 5/14 DocuSign Envelope ID: EFA40561-97A4-4B4C-802D-73894C1B4DB8 EXHIBIT C Insurance Certificate 16 Eagle County Prof Services Final 5/14 / T n ,DocuSign ID: EFA40561-97A4-4B4C-802D-733894C1B4DB8 `ABILITY INSURANCE DATE (MM/DD/YYYY) 03/202019 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(les) 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 rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: RC Britton or Jack Iffinger Britton & Britton Insurance Services Inc. a/C. Ext): 512-469-0693 AIC No : 888-867-7210 E-MAIL ADDRESS: 210-493-4057 1 coi@brittonandbritton.com 700 Lavaca St, Suite 1400, Austin, Tx 78701 INSURER(S) AFFORDING COVERAGE NAIC# 9901 IH -10 West, Suite 800, San Antonio, Tx 78230 INSURERA: Liberty Mutual (Ohio Security Insurance Co) EACH OCCURRENCE INSURED INSURER B : CLAIMS -MADE 1:1 OCCUR Adaptation International LLC INSURERC: 1102 Lorrain St INSURER D INSURER E $ 100,000 Austin TX 78703 INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 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 LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF MM/DDIYYYY POLICY EXP MM/DDIYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY BKS59267805 11/03/201811/03/2019 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE 1:1 OCCUR DAMAGE TO a o_cur RENTED PREM SES('a.,nce $ 100,000 MED EXP (Any one person) $ 15,000 PERSONAL & ADV INJURY $ 1,000,000 AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 3,000,000 GEN'L POLICY❑ JECT PRO- ❑ LOC PRODUCTS - COMP/OPAGG $ 3,000,000 $ OTHER: A AUTOMOBILE LIABILITY BKS59267805 11/03/201811/03/2019 COMBINED SINGLE LIMIT Ea accident $ BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ x HIREDX NON -OWNED AUTOS ONLY AUTOS ONLY $ Included UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N PER OTH- STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? ❑ N/A (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Risk management sales and service consultant organization. With respects to General Liability there is a Blanket Additional Insured endorsement, which provides Additional Insured status to the certificate holder, when there is a written contract or agreement between the named insured and certificate holder requiring such status. Important: 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 policy. This certificate of insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder. CERTIFICATE HOLDER CANCELLATION Eagle County, Colordo ATTN: Adam Palmer SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Sustainable Communities Director ACCORDANCE WITH THE POLICY PROVISIONS. PO Box 179 AUTHORIZED REPRESENTATIVE Eagle, CO 81631 RC BRITTON ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID: EFA40561-97A4-4B4C-802D-73894C1B4DB8 THE HARTFORD BUSINESS SERVICE CENTER THE 3600 WISEMAN BLVD HARTFORD SAN ANTONIO TX 78251 EAGLE COUNTY COLORADO ATTN: ADAM PALMER SUSTAINABLE COMMUNITIES DIRECTOR PO BOX 179 EAGLE CO 81631-0179 Account Information: Policy Holder Details : Adaptation International March 21, 2019 %Q Contact Us Business Service Center Business Hours: Monday - Friday (7AM - 7PM Central Standard Time) Phone: (866) 467-8730 Fax: (888) 443-6112 Email: agency.services(@thehartford.com Website: https://business.thehartford.com Enclosed please find a Certificate Of Insurance for the above referenced Policyholder. Please contact us if you have any questions or concerns. Sincerely, Your Hartford Service Team WLTRO05 DocL Jlgn tnveiope IU: tr/-\4U5U-I-y/H4-4C41.-t5ULu-/st5y4l.-IC4utjo INDICATED.NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS /%J DATE (MM/DD/YYYY) �-, CERTIFICATE OF LIABILITY INSURANCE 03/21/2019 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(les) must be endorsed. If SUBROGATIONIS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: PARSONS INSURANCE SERVICES LLC 46510606 PHONE (866)467-8730 (A/C, No, Ext): Fax (888)443-6112 (A/C, No): 550 S WATTERS #220 ALLEN TX75013 E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC# INSURERA: The Hartford Casualty Insurance Company 29424 INSURED INSURER B: ADAPTATION INTERNATIONAL INSURER C: 1102 FIELDCREST DR INSURER D: AUSTIN TX 78704-5342 INSURER E: DAMAGE TO RENTED INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 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 TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSR WVD MM/DD/YYYY MM/DD/YYYY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE CLAIMS -MADE ❑ OCCUR DAMAGE TO RENTED PREMISES Ea occurrence MED EXP (Any one person) PERSONAL & ADV INJURY GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE POLICY El PRO —1 LOC JECT PRODUCTS -COMP/OP AGG OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident BODILY INJURY (Per person) ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) HIRED NON -OWNED PROPERTY DAMAGE AUTOS AUTOS (Per accident) UMBRELLA LIABOCCUR EACH OCCURRENCE EXCESS LIAB CLAIMS- MADE AGGREGATE DED RETENTION $ WORKERS COMPENSATION PER X OTH- AND EMPLOYERS' LIABILITY ATER E.L. EACH ACCIDENT $1,000,000 ANY Y/N A PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? N/A 46 WEC AC6XLH 01/30/2019 01/30/2020 E.L. DISEASE -EA EMPLOYEE $1,000,000 (Mandatory in NH) If yes, describe under E.L. DISEASE - POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Those usual to the Insured's Operations. CERTIFICATE HOLDER CANCELLATION EAGLE COUNTY COLORADO SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED ATTN: ADAM PALMER BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED SUSTAINABLE COMMUNITIES DIRECTOR IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE PO BOX 179 EAGLE CO 81631-0179-C � 1'�,�� ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD