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HomeMy WebLinkAboutC21-052 Walking Mountains Science Center Climate Action CollaborativeAGREEMENT FOR SERVICES BETWEEN EAGLE COUNTY, COLORADO AND WALKING MOUNTAINS SCIENCE CENTER THIS AGREEMENT (“Agreement”) is effective as of January 1, 2021, 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 (“CAP”) 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 retain Consultant to complete initiatives as identified by the CAC to implement the CAP in Eagle County as more fully set forth below in Exhibit A; and WHEREAS, County desires to support the ongoing growth and development of the Actively Green (“AG”) Sustainable Business Training and Certification Program as more fully set forth below in Exhibit B; 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: DocuSign Envelope ID: EB4E0D1E-981D-4C4A-BBC7-1DB46097EE85 C21-052 1. Services. Consultant agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the services described in Exhibits A and B, (“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. Consultant agrees to furnish the Services in accordance with the schedule established in Exhibits A and B. If no completion date is specified in Exhibits A and B, then Consultant agrees to furnish the Services in a timely and expeditious manner consistent with the applicable standard of care. By signing below Consultant represents that it has the expertise and personnel necessary to properly and timely perform the Services. b. In the event of any conflict or inconsistency between the terms and conditions set forth in Exhibits A and B and the terms and conditions set forth in this Agreement, the terms and conditions set forth in this Agreement shall prevail. c. Consultant agrees that it will not enter into any consulting or other 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. 3. Term of the Agreement. This Agreement shall commence upon the date first written above, and subject to the provisions of paragraph 11 hereof, shall continue in full force and effect through December 31, 2021 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 and B for the amount not to exceed one hundred thirty six thousand five hundred dollars ($136,500) as reimbursement. Invoices shall be paid monthly as submitted to the County and shall include detail as articulated in Exhibits A and B. 6. 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 DocuSign Envelope ID: EB4E0D1E-981D-4C4A-BBC7-1DB46097EE85 personnel assigned to the subject project during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the project. Consultant shall require each sub-consultant, as approved by County and to the extent of the Services to be performed by the sub-consultant, to be bound to Consultant by the terms of this Agreement, and to assume toward Consultant all the obligations and responsibilities which Consultant, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any sub-consultant hired by Consultant and Consultant shall cooperate in such process. The Contractor shall be responsible for the acts and omissions of its agents, employees and sub-consultants or sub-contractors. 7. Insurance. Consultant agrees to provide and maintain at Consultant’s sole cost and expense, the following insurance coverage with limits of liability not less than those stated below: a. Types of Insurance. i. Workers’ Compensation insurance as required by law. ii. Automobile coverage to be carried by Consultant or its sub-consultants, as applicable, if operating a motor vehicle during the performance of the Services. 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. i. The commercial general liability coverage shall be endorsed to include Eagle County, its associated or affiliated entities, its successors and assigns, elected officials, employees, agents and volunteers as additional insureds. A certificate of insurance reflecting the commercial general liability coverage and foregoing requirement is attached hereto as Exhibit C. ii. Consultant’s certificates of insurance shall include sub-consultants as additional insureds under its policies or Consultant shall furnish to County separate certificates and endorsements for each sub-consultant. All coverage(s) for sub-consultants shall be subject to the same minimum requirements identified above. Consultant and sub-consultants, if any, shall maintain the foregoing coverage in effect until the Services are completed. In addition, all such policies shall be kept in force by Consultant and its sub-consultants until the applicable statute of limitations for the Services has expired provided that the coverage is commercially available at a reasonable premium. iii. Insurance shall be placed with insurers duly licensed or authorized to do business in the State of Colorado and with an “A.M. Best” 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. DocuSign Envelope ID: EB4E0D1E-981D-4C4A-BBC7-1DB46097EE85 v. The parties hereto understand and agree that the County is relying on, and does not waive or intend to waive by any provision of this Agreement, the monetary limitations or rights, immunities and protections provided by the Colorado Governmental Immunity Act, as from time to time amended, or otherwise available to County, its affiliated entities, successors or assigns, its elected officials, employees, agents and volunteers. vi. Consultant is not entitled to workers’ compensation benefits except as provided by the Consultant, nor to unemployment insurance benefits unless unemployment compensation coverage is provided by Consultant or some other entity. The Consultant is obligated to pay all federal and state income tax on any moneys paid pursuant to this Agreement. 8. Indemnification. The Consultant shall indemnify and hold harmless County, and any of its officers, agents and employees against any losses, claims, damages or liabilities for which County may become subject to insofar as such losses, claims, damages or liabilities arise out of, directly or indirectly, this Agreement, or are based upon any performance or nonperformance by Consultant or any of its sub- consultants hereunder including claims for bodily injury or personal injury including death, or loss or damage to tangible or intangible property; and Consultant shall reimburse County for reasonable attorney fees and costs, legal and other expenses incurred by County in connection with investigating or defending any such loss, claim, damage, liability or action. This indemnification shall not apply to claims by third parties against the County to the extent that County is liable to such third party for such claims without regard to the involvement of the Consultant. This paragraph shall survive expiration or termination hereof. 9. Ownership of Documents. All documents prepared by Consultant in connection with the Services shall become property of County. Consultant shall execute written assignments to County of all rights (including common law, statutory, and other rights, including copyrights) to the same as County shall from time to time request. For purposes of this paragraph, the term “documents” shall mean and include all reports, plans, studies, tape or other electronic recordings, drawings, sketches, estimates, data sheets, maps and work sheets produced, or prepared by or for Consultant (including any employee or subcontractor in connection with the performance of the Services and additional services under this Agreement). 10. Notice. Any notice required by this Agreement shall be deemed properly delivered when (i) personally delivered, or (ii) when mailed in the United States mail, first class postage prepaid, or (iii) when delivered by FedEx or other comparable courier service, charges prepaid, to the parties at their respective addresses listed below, or (iv) when sent via facsimile so long as the sending party can provide facsimile machine or other confirmation showing the date, time and receiving facsimile number for the transmission. Either party may change its address for purposes of this paragraph by giving five (5) days prior written notice of such change to the other party. COUNTY: Eagle County, Colorado Attention: Adam Palmer 500 Broadway Post Office Box 660 DocuSign Envelope ID: EB4E0D1E-981D-4C4A-BBC7-1DB46097EE85 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: Melissa Kirr Post Office Box 9469 318 Walking Mountains Lane Avon, CO 81620 Email: melissak@walkingmountains.org Telephone: 970-827-9725 ext. 133 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 therefore 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 Signatures. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. The parties approve the use of electronic signatures for execution of this Agreement. Only the following two forms of electronic signatures shall be permitted to bind the parties to this Agreement: (i) Electronic or facsimile delivery of a fully executed copy of the signature page; (ii) the image of the signature of an authorized signer inserted onto PDF format documents. All documents must be properly notarized, if applicable. All use of electronic signatures shall be governed by the Uniform Electronic Transactions Act, C.R.S. 24-71.3-101 to 121. DocuSign Envelope ID: EB4E0D1E-981D-4C4A-BBC7-1DB46097EE85 14. Other Contract Requirements. a. In rendering the Services hereunder, Consultant shall comply with the highest standards of customer service to the public. Contractor shall provide appropriate supervision of its employees to ensure the maintenance of these high standards of customer service and professionalism are maintained. The performance of such obligation shall be determined at the sole discretion of County. In the event County finds these standards of customer service are not being met by Consultant, County may terminate this Agreement, in whole or in part, upon seven (7) days’ notice to Consultant. b. Consultant shall be responsible for the completeness and accuracy of the Services, including all supporting data or other documents prepared or compiled in performance of the Services, and shall correct, at its sole expense, all significant errors and omissions therein. The fact that the County has accepted or approved the Services shall not relieve Consultant of any of its responsibilities. Consultant shall perform the Services in a skillful, professional and competent manner and in accordance with the standard of care, skill and diligence applicable to Consultants performing similar services. c. Consultant represents and warrants that it has the expertise and personnel necessary to properly perform the Services and covenants that its professional personnel are duly licensed, to the extent required under applicable law, to perform the Services within Colorado. d. Consultant agrees to work in an expeditious manner, within the sound exercise of its judgment and professional standards, in the performance of this Agreement. Time is of the essence with respect to this Agreement. e. This Agreement constitutes an agreement for performance of the Services by Consultant as an independent contractor and not as an employee of County. Nothing contained in this Agreement shall be deemed to create a relationship of employer-employee, master-servant, partnership, joint venture or any other relationship between County and Consultant except that of independent contractor. Consultant shall have no 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. DocuSign Envelope ID: EB4E0D1E-981D-4C4A-BBC7-1DB46097EE85 i. Consultant shall not assign any portion of this Agreement without the prior written consent of the County. Any attempt to assign this Agreement without such consent shall be void. j. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective permitted assigns and successors in interest. Enforcement of this Agreement and all rights and obligations hereunder are reserved solely for the parties, and not to any third party. k. No failure or delay by either party in the exercise of any right hereunder shall constitute a waiver thereof. No waiver of any breach shall be deemed a waiver of any preceding or succeeding breach. l. The invalidity, illegality or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision hereof. m. Consultant shall maintain for a minimum of three years, adequate financial and other records for reporting to County. Consultant shall be subject to financial audit by county auditors or their designees. Consultant authorizes such audits and inspections of records during normal business hours, upon 48 hours’ notice to Consultant. Consultant shall fully cooperate during such audit or inspections. n. The signatories to this Agreement aver to their knowledge, no employee of the County has any personal or beneficial interest whatsoever in the Services or Property described in this Agreement. The Consultant has no beneficial interest, direct or indirect, that would conflict in any manner or degree with the performance of the Services and Consultant shall not employ any person having such known interests. o. The Consultant, if a natural person eighteen (18) years of age or older, hereby swears and affirms under penalty of perjury that he or she (i) is a citizen or otherwise lawfully present in the United States pursuant to federal law, (ii) to the extent applicable shall comply with C.R.S. 24-76.5-103 prior to the effective date of this 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 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. DocuSign Envelope ID: EB4E0D1E-981D-4C4A-BBC7-1DB46097EE85 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: https://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. 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: 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 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. ///REMAINDER OF PAGE INTENTIONALLY BLANK/// DocuSign Envelope ID: EB4E0D1E-981D-4C4A-BBC7-1DB46097EE85 IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first set forth above. EAGLE COUNTY, COLORADO By and Through its Board of County Commissioners By:____________________________ Matt Sherr, Chair Attest: ____________________________ Regina O’Brien, Clerk to the Board CONSULTANT: Walking Mountains Science Center By:__________________________ Melissa Kirr Senior Programs Director of Sustainability, Walking Mountains Science Center DocuSign Envelope ID: EB4E0D1E-981D-4C4A-BBC7-1DB46097EE85 EXHIBIT A Climate Action Collaborative – Project Management Goals and Outcomes by Quarter in 2021 GOALS FOR PROJECT MANAGEMENT OF CLIMATE ACTION COLLABORATIVE IN 2021 1) Build on 2020 outcomes to continue the momentum of the Climate Action Collaborative (CAC): a. Work with Eagle County to ensure total funds needed for 2021 Project Management are secured ($164,625). b. Send invoices to CAC members for 2021 financial commitments. c. Manage invoicing and bookkeeping for all CAC related income and expenses. d. Manage marketing and outreach budget on behalf of CAC. e. Organize, facilitate, and co-chair as needed with Sector Chairs (to be established in 2021), quarterly CAC meetings for the full stakeholder group, and once a quarter meeting for each sector group: Education & Outreach, Transportation, Materials Management, Buildings, Energy Supply, and Water. f. Work with CAC stakeholders to formalize a sector group for Carbon Sequestration and identify sector initiatives and sector group chair and co-chair before the end of 2021. g. Organize and co-facilitate the bi-monthly CAC Local Government Committee meetings. 2) Provide connections and support for CAC members as needed, and through the sector working groups to help individual stakeholders accomplish their sustainability goals through a collaborative approach using the CAC network. a. When appropriate, present to stakeholder leadership boards/councils to provide updates on CAC work and support staff in pushing forward climate initiatives. b. Facilitate introduction and involvement in the CAC for new businesses and stakeholders who can contribute to CAC work and mission. c. Organize and host quarterly CAC meetings to ensure progress of the collective group, develop plans and strategies for Greenhouse Gas reductions and communications, proposed 2021 meetings to be held in February, May, August, and November. d. With support from Sector Group Chairs, coordinate CAC sector working groups to ensure progress is made toward the objectives identified in the Climate Action Plan (CAP) 2020 Update are met, coordinate 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. Organize and support subcommittees within sector working groups to make progress towards specific goals in the CAP. Current subcommittees at end of 2020include, LED Swaps, Bike Share, Building Code Task Force, EV Subcommittee, and C&D Subcommittee. 3) Develop and share a brief Annual Report to communicate accomplishments of the CAC: a. Pull all data from prior year’s accomplishments into a report ready for CAC stakeholders at Q1 meeting of 2021. DocuSign Envelope ID: EB4E0D1E-981D-4C4A-BBC7-1DB46097EE85 b. Collect qualitative success stories and images from each CAC member to capture and report on successes. c. Work with Walking Mountain Science Center (“WMSC”) marketing staff and graphic designer to establish Annual Report and presentation template. d. Provide a written report and verbal presentation report if requested to all CAC stakeholders. 4) Coordinate with WMSC Marketing Team, and in-kind contributing partners to maintain CAC website, newsletter, monthly columns, and other marketing and outreach needs. 5) Manage coordination of Climate Related Events in the community. TIMELINE for 2021 First Quarter ● Provide 2020 Climate Action Plan Update and Annual Report to CAC Partners ● Organize and facilitate meetings with all 6 Sector Working Groups and full CAC Stakeholder meeting ● Launch Behavior Change Campaign - Trends with Benefits. ● Continue education and outreach efforts through newsletter, website, Vail Daily ads, and editorial columns in Vail Daily and Vail Valley HOME ● Invoice all CAC partners for 2021 contributions ● Work with CAC Intern to develop a tracking mechanism for priority actions in the CAP 2020 Update ● Launch the 2021 Bi-Annual Recycling Guide Update ● Grant access to benchmarking platform with participating CAC stakeholders for public sector benchmarking in 2021. ● Host Eagle Valley Green Building Group, Green Building Challenge Event. Second Quarter ● Continued outreach with CAC partners to provide access to GHG reduction resources and track successes ● Begin support and outreach meetings with CAC members for 2021 budget planning (May- September) ● Continue to push Trends with Benefits campaign and determine metrics for tracking success ● Work with CAC Local Government Stakeholders to adopt the IECC 2021 code along with the recommendations from the Sustainable Building Code Task Force. ● Organize sector working group meetings to check in on progress for CAP goals ● 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 DocuSign Envelope ID: EB4E0D1E-981D-4C4A-BBC7-1DB46097EE85 ● Continued outreach with CAC members to provide access to GHG reduction resources and track successes ● Support and outreach meetings with CAC members for 2022 budget planning (May-September) ● Organize sector working group meetings to check in on progress for CAP 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 2022 ● Send out all funding requests to partners for 2022 funding Fourth Quarter ● Continued outreach with CAC members to provide access to GHG reduction resources and track successes ● Begin collection of data from CAC members to contribute to an Annual Report with both quantitative and qualitative outcomes. ● Evaluate 2021 progress and adjust plan and scope of work as needed for 2022 ● Organize sector working group meetings to check in on progress for CAP 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 2022 ● Coordinate and convene Q4 CAC meeting—track progress, ensure expectations are being met, develop scope of work and projected budget for 2022 BUDGET Total Project Management budget of the Climate Action Collaborative for 2022 is $164,625 of which Eagle County will contribute $86,500 ($70,000 for project management, $11,500 for behavior change, $5,000 for benchmarking) to be paid to WM during 2021 in quarterly installments of $20,375 pending invoices with actual expenses, with $5,000 for benchmarking to be paid during the first quarter of 2021. The calculations for WMSC staff time below are 39% of the total amount needed. The additional amounts for WMSC staff time, the $29,500 for marketing will be covered with CAC member contributions. Total Needed Eagle County Contribution WMSC Staff Time CAC Oversight and Strategy & $100,475.45 $70,000 Coordination and Member Services Bookkeeping and Financial Reporting $3,626.67 WMSC Marketing $26,908 Marketing Budget 2020 $41,000 $11,500 Benchmarking $5,000 $5,000 DocuSign Envelope ID: EB4E0D1E-981D-4C4A-BBC7-1DB46097EE85 Totals $164,625 $86,500 Eagle County will contribute $86,500 ($70,000 for project management, $11,500 for behavior change, $5,000 for benchmarking) to be paid to WMSC during 2021 in quarterly installments of $20,375 pending invoices with actual expenses, with an additional $5,000 for benchmarking to be paid during the first quarter of 2021. The remaining $78,125 is funded by other CAC members. DocuSign Envelope ID: EB4E0D1E-981D-4C4A-BBC7-1DB46097EE85 EXHIBIT B ACTIVELY GREEN PROGRAM Goals and Outcomes in 2021 GOALS FOR THE ACTIVELY GREEN PROGRAM IN 2021 1. Encourage Eagle County businesses to receive education and support for improvement of sustainable business practices, without achievement of Actively Green Certification, via a new pathway called the Green Business Trail Map. a. The Green Business Trail Map will engage and educate Eagle County businesses through specialized guidance for the implementation of sustainable behaviors and practices into business operations. b. Provide support for business engagement with climate action initiatives through sustainable business checklists, which encourage businesses to complete actionable items determined by the Climate Action Collaborative. c. Lead a Green Business Working Group of the Climate Action Collaborative to provide assistance to businesses through community collaboration for sustainability goals. d. Engage a total of 80 new businesses in the program via the Green Business Trail Map. 2. Continue the work of the Actively Green Program leading businesses toward achievement of certification. a. Offer sustainable business checklists to certified businesses and businesses in-progress for achievement of certification to support engagement with climate action initiatives and provide direction for continuous improvement of businesses sustainability performance through annual action plans. b. Certify eight new businesses in the program. c. Recertify 20 businesses overdue for recertification. d. Provide specialized guidance for continued improvement of compliance with the Actively Green Standard criteria. e. Encourage two businesses owned by individuals from under-represented communities toward achievement of Actively Green certification within the calendar year by offering two business scholarships for annual enrollment and certification in the program. f. Offer 13 educational workshops and trainings for businesses to develop greater knowledge of options, and begin to strategize, for contributing to achievement of community climate action goals. This total will include the following number of specified types of trainings and workshops. i. Three Intro Trainings; ii. Two Recertification Trainings; iii. Two Advanced Certification Trainings; iv. Four Green Business Best Practice Workshops (topics vary); and v. Two Energy Efficiency Workshops g. Offer three opportunities for networking and collaboration between businesses engaged with the program, to provide assistance to businesses through community collaboration for sustainability goals. DocuSign Envelope ID: EB4E0D1E-981D-4C4A-BBC7-1DB46097EE85 2021 SCOPE OF WORK BY QUARTER First Quarter ● WMSC will provide an Actively Green introductory group training during this quarter. ● WMSC will provide a sustainability-centered event/workshop for all local businesses, focused on best management practices of responsible travel - encouragement for customer understanding of how to travel responsibly and increase awareness of behavior appropriate to the surrounding area and related attraction sites. ● WMSC will provide one-on-one outreach and sustainable business coaching to each business seeking Actively Green certification and/or engagement with Green Business Trail Map. ● WMSC will continue advanced-level trainings (silver and gold) of Actively Green certification with one training during this quarter. 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 Actively Green trainings and best practice events/workshops. ● WMSC will continue work with previously certified businesses to become recertified. ● WMSC will provide an Actively Green re-certification group training during this quarter. ● WMSC will work with CAC Project Manager, WMSC Energy Programs staff, and the CAC buildings group to support Climate Action Plan goals through the Actively Green business network. ● WMSC will work with CAC Project Manager and CAC stakeholders to manage a business-specific working group in support of the Climate Action Plan goals. ● WMSC will provide sustainable business checklists -Green Business Trail Map- to engage more businesses within Eagle Valley; this opportunity does not involve certification. ● WMSC will accept applications for up to two small businesses to receive coverage of the Actively Green certification fee from the Actively Green Under-Represented Sustainable Business Scholarship. These two businesses will be coached through achievement of certification within the 2021 calendar year. Second Quarter ● WMSC will provide an Actively Green introductory group training during this quarter. ● WMSC will provide two sustainability-centered events/workshops for all local businesses. Workshop one will focus on the best management practices of landscaping businesses within the valley for materials management of yard waste. Workshop two will focus on sustainable purchasing of goods and services. ● WMSC will recruit businesses, through a variety of outreach efforts, to attend the Actively Green trainings and best practice events/workshops. ● WMSC will provide one-on-one outreach and sustainable business coaching to each business seeking Actively Green certification and/or engagement with Green Business Trail Map. ● WMSC will continue work with previously certified businesses to become recertified. ● WMSC will provide an Actively Green re-certification group training during this quarter. DocuSign Envelope ID: EB4E0D1E-981D-4C4A-BBC7-1DB46097EE85 ● WMSC will work with CAC Project Manager, WMSC Energy Programs staff, and the buildings group to support Climate Action Plan goals through the Actively Green business network. ● WMSC will work with CAC Project Manager and CAC stakeholders to manage a business-specific working group in support of the Climate Action Plan goals. ● WMSC will provide an Actively Green networking event for all engaged businesses and guide the sharing of best practices, challenges and future collaboration between businesses. ● WMSC will provide sustainable business checklists -Green Business Trail Map- to engage more businesses within Eagle Valley; this opportunity does not involve certification. ● WMSC will accept applications for up to two small businesses to receive coverage of the Actively Green certification fee from the Actively Green Under-Represented Sustainable Business Scholarship. These two businesses will be coached through achievement of certification within the 2021 calendar year. Third Quarter ● WMSC will provide a sustainability-centered event/workshop for all local businesses, focused on best management practices of purchasing for electrification of more commercial buildings. ● WMSC will provide an Actively Green introductory group training during this quarter. ● WMSC will continue advanced-level trainings (silver and gold) of Actively Green certification with one training during this quarter. 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 Actively Green trainings and best practice events/workshops. ● WMSC will provide one-on-one outreach and sustainable business coaching to each business seeking Actively Green certification and/or engagement with Green Business Trail Map. ● WMSC will work with CAC Project Manager, WMSC Energy Programs staff, and the commercial buildings group to support Climate Action Plan goals through the Actively Green business network. ● WMSC will work with CAC Project Manager and CAC stakeholders to manage a business-specific working group in support of the Climate Action Plan goals. ● WMSC will provide a co-working space for several weeks during September for Actively Green businesses to more easily collaborate on best practices, challenges, and to learn from one another. ● WMSC will provide the first in a series of energy workshops for all local businesses in collaboration with WMSC Energy Programs staff and local utility representatives focused on the basics of maintaining a sustainable energy system within commercial buildings. ● WMSC will provide sustainable business checklists -Green Business Trail Map- to engage more businesses within Eagle Valley; this opportunity does not involve certification. ● WMSC will accept applications for up to two small businesses to receive coverage of the Actively Green certification fee from the Actively Green Under-Represented Sustainable Business Scholarship. These two businesses will be coached through achievement of certification within the 2021 calendar year. Fourth Quarter ● WMSC will finalize certification of new businesses and provide public recognition during the Actively Green Sustainable Business annual awards in November. DocuSign Envelope ID: EB4E0D1E-981D-4C4A-BBC7-1DB46097EE85 ● WMSC will continue to acknowledge a local business with the climate impact award, recognizing their accomplishments in reducing GHG emissions during the annual awards event. ● WMSC will continue to acknowledge several more local businesses with the following awards which will recognize their accomplishments in sustainability efforts during the annual awards event: best green team, leaps and bounds, top 10 most sustainable businesses, sustainable employees, sustainable destination dedication. ● WMSC will work with CAC Project Manager, WMSC Energy Programs staff, and the commercial buildings group to support Climate Action Plan goals through the Actively Green business network. ● WMSC will work with CAC Project Manager and CAC stakeholders to manage a business-specific working group in support of the Climate Action Plan goals. ● WMSC will create a summary report of all accomplishments among all Actively Green certified businesses to share with Eagle County and CAC Project Manager, report will include aggregated metrics for GHGs reductions through energy, waste, and water tracking. ● WMSC will create a summary report of all collective accomplishments among all Actively Green Business Collective Pathway businesses to share with Eagle County and other partners. Report will include aggregated metrics and verification of participants utilizing the Green Business Trail Map for recognition. ● WMSC will provide a second energy efficiency workshop for all local businesses in collaboration with WMSC Energy Programs staff and local utility representatives focused on advanced steps for upgrading and maintaining a sustainable energy system within commercial buildings. ● WMSC will update sustainable business checklists -Green Business Trail Map- with updated and relevant information and resources available to businesses in 2022, to engage Eagle Valley businesses in climate action and sustainability. DocuSign Envelope ID: EB4E0D1E-981D-4C4A-BBC7-1DB46097EE85 2021 BUDGET Actively Green Trainings $14,000 *Three introductory group trainings (January, April, August); *Two Re-certification group trainings (February, April); *Two group trainings for Advanced level certification (February, July); *Recruitment for certification and green business trail map, Facilitation/Teaching, Follow Up Sustainability Best Management Practices $9,000 *Six Events/Workshops on Separate Sustainability Best Management Practices ~ Two of which are Energy-related for 2021 Actively Green Customized Sustainable Business Coaching & Support $27,000 *Green Business Trail Map engagement and Certification Desk assessments; *Data tracking and Benchmarking; *Actively Green Under-Represented Sustainable Business Scholarship; *Alignment of AG and CAC to support and integrate CAP goals in businesses; *Provide an annual summary report of accomplishments to Eagle County; *Program Supplies; Staff Time; Mileage Total $50,000 $50,000 to be paid to WMSC in quarterly installments of $12,500. DocuSign Envelope ID: EB4E0D1E-981D-4C4A-BBC7-1DB46097EE85 EXHIBIT C CERTIFICATE OF INSURANCE DocuSign Envelope ID: EB4E0D1E-981D-4C4A-BBC7-1DB46097EE85 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES 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 rights to the certificate holder in lieu of such endorsement(s). 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EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 6/9/2020 Arthur J.Gallagher Risk Management Services,Inc. PO Box 4190 Estes Park CO 80517 970-586-4407 970-586-3370 Philadelphia Indemnity Insurance Company 18058 WALKMOU-01 Pinnacol Assurance Company 41190WalkingMountains Science Center P O Box 9469 Avon CO 81620 534993603 A X 1,000,000 X 300,000 15,000 1,000,000 2,000,000 X Y PHPK2141286 6/9/2020 6/9/2021 2,000,000 A 1,000,000 X X X Y PHPK2141286 6/9/2020 6/9/2021 A X X 5,000,000PHUB7252016/9/2020Y 6/9/2021 X 10,000 B 4012812 5/1/2020 5/1/2021 500,000 500,000 500,000 A Educators Prof Y PHPK2141288 6/9/2020 6/9/2021 Each Occurence 1,000,000 Eagle County,its associated or affiliated entities,its successors and assigns,elected officials,employees,agents and volunteers are included as additional insured as respects General Liability policy,pursuant to and subject to the policy's terms,definitions,conditions and exclusions. Eagle County Government PO Box 850 Eagle CO 81631 DocuSign Envelope ID: EB4E0D1E-981D-4C4A-BBC7-1DB46097EE85