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HomeMy WebLinkAboutC22-072 Walking Mountains Science CenterAGREEMENT FOR SERVICES BETWEEN EAGLE COUNTY, COLORADO AND WALKING MOUNTAINS SCIENCE CENTER THIS AGREEMENT (“Agreement”) is effective as of January 1, 2022 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, Eagle County’s Strategic Plan includes a vision to provide regional leadership on climate protection and reduction of community greenhouse gas (GHG) emissions; and WHEREAS, in 2016 Eagle County contracted with Consultant to engage over 30 stakeholders representing local governments, businesses, schools, and nonprofits from throughout Eagle County in the creation of a community- wide Climate Action Plan (CAP) to help guide GHG reductions into the future; and WHEREAS, in 2017 Eagle County contracted with Walking Mountains Science Center to develop the Climate Action Collaborative (CAC) to implement the CAP, and achieve the goals for the benefit of the Eagle County community by engaging local governments, businesses, and nonprofits in working groups focused on GHG reduction from energy supply, buildings, transportation, and waste; and WHEREAS, on April 27, 2021, the Board of County Commissioners for Eagle County approved and signed Resolution No. 2021-023, which adopts the Climate Action Plan, Update 2020, which sets shared community goals to reduce GHG emissions 25% by 2025, 50% by 2030, 70% by 2045, and 80% reduction by 2050 (baseline 2014), provides revised priorities for climate actions, and endeavors to meet the goals through ongoing Eagle County initiatives, integration with Eagle County and community plans, and through promotion of and participation in community actions that reduce GHG emissions ; and: WHEREAS, County desires to retain Consultant to complete initiatives as identified by the CAC to implement the CAP, to administer the Energy Smart Colorado program and the Actively Green program, and to perform certain services in connection with these programs as more fully set forth below in Services or Work; 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 Contractor and County in connection with the Services. AGREEMENT NOW, THEREFORE, in consideration of the foregoing and the following promises Contractor and County agree as follows: 1. Services or Work. Contractor agrees to diligently provide all services, labor, personnel, and materials necessary to perform and complete the services or work described in Exhibit A (“2022 Scope of Work for Eagle County”) which is attached hereto and incorporated herein by reference. The Services shall be performed in accordance with the provisions and conditions of this Agreement. DocuSign Envelope ID: B974389F-ABDF-4B99-93BF-C5C3E80179B8 2 Eagle County General Services Final a. Contractor agrees to furnish the Services in accordance with the schedule established in Exhibit A. If no completion date is specified in Exhibit A, then Contractor agrees to furnish the Services in a timely and expeditious manner consistent with the applicable standard of care. By signing below Contractor 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 Exhibit A and the terms and conditions set forth in this Agreement, the terms and conditions set forth in this Agreement shall prevail. 2. County’s Representative. The Resiliency Department’s designee shall be Contractor’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, 2022. 4. Extension or Modification. This Agreement may be extended for up to three additional one year terms upon written agreement of the parties. Any amendments or modifications shall be in writing signed by both parties. No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor 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, Contractor’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 Contractor 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 shall not exceed $671,000. Contractor 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 as set forth in Exhibit A. Summary reports will be sent along with each invoice to describe and summarize the program work and activities completed during the period, and progress achieved toward program goals. b. If, at any time during the term or after termination or expiration of this Agreement, County reasonably determines that any payment made by County to Contractor 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, Contractor shall forthwith return such payment(s) to County. Upon termination or expiration of this Agreement, unexpended funds advanced by County, if any, shall forthwith be returned to County. c. County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor 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. DocuSign Envelope ID: B974389F-ABDF-4B99-93BF-C5C3E80179B8 3 Eagle County General Services Final d. Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after December 31 of any year, without an appropriation therefor by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). 6. Subcontractors. Contractor acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contractor. With the exception of retaining qualified local home energy auditors for Energy Smart Colorado, and sub-consultants to perform project management and facilitation work for the Climate Action Collaborative, the Contractor shall not enter into any subcontractor 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. Contractor shall require each subcontractor, as approved by County and to the extent of the Services to be performed by the subcontractor, to be bound to Contractor by the terms of this Agreement, and to assume toward Contractor all the obligations and responsibilities which Contractor, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by Contractor and Contractor shall cooperate in such process. The Contractor shall be responsible for the acts and omissions of its agents, employees and subcontractors. 7. Insurance. Contractor agrees to provide and maintain at Contractor’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. 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 $1,000,000 aggregate limits. b. Other Requirements. i. 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, agents, and volunteers as additional insureds. A certificate of insurance consistent with the foregoing requirements is attached hereto as Exhibit B. ii. Contractor’s certificates of insurance shall include subcontractors, if any as additional insureds under its policies or Contractor shall furnish to County separate certificates and endorsements for each subcontractor. DocuSign Envelope ID: B974389F-ABDF-4B99-93BF-C5C3E80179B8 4 Eagle County General Services Final iii. The insurance provisions of this Agreement shall survive expiration or termination hereof. iv. 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. v. Contractor is not entitled to workers’ compensation benefits except as provided by the Contractor, nor to unemployment insurance benefits unless unemployment compensation coverage is provided by Contractor or some other entity. The Contractor is obligated to pay all federal and state income tax on any monies paid pursuant to this Agreement. 8. Indemnification. The Contractor 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 Contractor or any of its subcontractors hereunder; and Contractor 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 Contractor. This paragraph shall survive expiration or termination hereof. 9. Ownership of Documents. All documents (including electronic files) and materials obtained during, purchased, or prepared in the performance of the Services shall remain the property of the County and are to be delivered to County before final payment is made to Contractor or upon earlier termination of 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, or (v) 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: John Gitchell, Environmental Manager 500 Broadway Post Office Box 850 Eagle, CO 81631 Telephone: 970-328-8766 E-Mail: John.Gitchell@EagleCounty.US With a copy to: Eagle County Attorney 500 Broadway Post Office Box 850 DocuSign Envelope ID: B974389F-ABDF-4B99-93BF-C5C3E80179B8 5 Eagle County General Services Final Eagle, Co 81631 Telephone: 970-328-8685 Facsimile: 970-328-8699 E-Mail: atty@eaglecounty.us CONTRACTOR: Melissa Kirr, Senior Programs Director Walking Mountains Science Center 970-827-9725 ext. 133 melissak@walkingmountains.org 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 Contractor. Upon termination of this Agreement, Contractor 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 Contractor for Services satisfactorily performed to the date of termination. 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. 14. Other Contract Requirements and Contractor Representations. a. Contractor has familiarized itself with the nature and extent of the Services to be provided hereunder and the Property, and with all local conditions, federal, state and local laws, ordinances, rules, and regulations that in any manner affect cost, progress, or performance of the Services. b. Contractor will make, or cause to be made, examinations, investigations, and tests as it deems necessary for the performance of the Services. c. To the extent possible, Contractor has correlated the results of such observations, examinations, investigations, tests, reports, and data with the terms and conditions of this Agreement. d. To the extent possible, Contractor has given County written notice of all conflicts, errors, or discrepancies. e. Contractor shall be responsible for the completeness and accuracy of the Services and shall correct, at its sole expense, all significant errors and omissions in performance of the Services. The fact that the County has accepted or approved the Services shall not relieve Contractor of any of its responsibilities. Contractor shall perform the Services in a skillful, professional, and competent manner and in accordance with the standard of DocuSign Envelope ID: B974389F-ABDF-4B99-93BF-C5C3E80179B8 6 Eagle County General Services Final care, skill, and diligence applicable to contractors performing similar services. Contractor represents and warrants that it has the expertise and personnel necessary to properly perform the Services and shall comply with the highest standards of customer service to the public. Contractor shall provide appropriate supervision to its employees to ensure the Services are performed in accordance with this Agreement. This paragraph shall survive termination of this Agreement. f. Contractor 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. g. This Agreement constitutes an agreement for performance of the Services by Contractor 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 Contractor except that of independent contractor. Contractor shall have no authority to bind County. h. Contractor represents and warrants that at all times in the performance of the Services, Contractor shall comply with any and all applicable laws, codes, rules, and regulations. i. 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. j. Contractor 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. k. 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. l. 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. m. The invalidity, illegality, or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision hereof. 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 Contractor has no beneficial interest, direct or indirect, that would conflict in any manner or degree with the performance of the Services and Contractor shall not employ any person having such known interests. o. The Contractor, 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. As used in this Section 15, 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 Contractor has any employees or subcontractors, Contractor shall comply with C.R.S. 8-17.5-101, et. seq., and this Agreement. By execution of this Agreement, Contractor certifies that it does not knowingly employ or DocuSign Envelope ID: B974389F-ABDF-4B99-93BF-C5C3E80179B8 7 Eagle County General Services Final contract with an undocumented individual who will perform under this Agreement and that Contractor 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. Contractor 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 Contractor that the subcontractor shall not knowingly employ or contract with an undocumented individual to perform work under the public contract for services. b. Contractor 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. Contractor 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 Contractor obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an undocumented individual, Contractor shall be required to: i. Notify the subcontractor and County within three (3) days that Contractor 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 Contractor 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. Contractor 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 Contractor 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, Contractor shall be liable for actual and consequential damages to County as required by law. g. County will notify the Colorado Secretary of State if Contractor violates this provision of this Agreement and County terminates the Agreement for such breach. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first set forth above. DocuSign Envelope ID: B974389F-ABDF-4B99-93BF-C5C3E80179B8 8 Eagle County General Services Final COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS By: ______________________________ Jeanne McQueeney, Chair Attest: By: _________________________________ Regina O’Brien, Clerk to the Board CONTRACTOR: By:________________________________ Print Name: _________________________ Title: ______________________________ DocuSign Envelope ID: B974389F-ABDF-4B99-93BF-C5C3E80179B8 Senior Programs Director of Sustainability Melissa A Kirr 9 Eagle County General Services Final EXHIBIT A SCOPE OF SERVICES, SCHEDULE, FEES DocuSign Envelope ID: B974389F-ABDF-4B99-93BF-C5C3E80179B8 1 Walking Mountains Science Center 2022 Scope of Work for Eagle County Walking Mountain Science Center (WMSC) Sustainability Department’s objective is to act as an agent of change to achieve local climate action goals and improve the social, economic, and environmental resilience of the Eagle County community. We serve as a resource and education hub to inspire action from local to global. Eagle County’s strategic goal for climate protection is to reduce community GHG emissions each year by 5% (or 75,000 tons) to meet the Climate Action Plan goal of 50% reduction by 2030. In 2022 and 2023, the county’s primary strategy for achieving the goal is through electrification of buildings and vehicles for the benefit of low and middle income residents. In support of this goal and strategy in 2022, Walking Mountains will provide the following services to Eagle County residents through 1) Energy Smart Colorado, 2) the Climate Action Collaborative, and 3) the Actively Green program for businesses. 1) Energy Smart Colorado As a member of Energy Smart Colorado, Inc.,a Colorado non-profit corporation, Walking Mountains Science Center is one of 10 Colorado community partners serving 25 counties, whose collective goal is to make energy efficiency improvements simple and affordable while advancing community-based goals for climate action. As a Energy Smart community partner serving Eagle County residents, Walking Mountains Sustainability staff shares access to Energy Smart program resources including field assessment tools, data management and results tracking, participant enrollment support, and equipment and training for building analysts and consultants. Through the program, homeowners and businesses receive energy assessments, direct installs, energy advising, access to rebates, loan information, and referrals to local contractors to complete energy improvements. Historically the majority of Energy Smart participants are individual homeowners. In 2022 Eagle County is increasing Walking Mountains funding by $100,000 for incentives to begin converting existing multifamily buildings to high efficiency, all-electric homes for the benefit of middle- and lower-income residents. This proactive work requires identifying and targeting specific buildings for improvements, developing incentives for building owners and tenants, and assisting with project completions through advisory and referral services. 2022 Staff Expenses: Walking Mountains Energy Staff (3 FTE) $190,000 Walking Mountains Support Staff $ 35,000 Total $ 225,000 Incentives, Education and Outreach: Marketing $ 20,000 Training $ 12,000 Contractor Recruitment $ 12,000 Home Energy Assessments (goal 175) by BP certified building analysts $ 35,000 DocuSign Envelope ID: B974389F-ABDF-4B99-93BF-C5C3E80179B8 2 Direct Installs, Supplies $ 10,000 Rebates, EE+ Electrification (No income restrictions, all bldg types) $ 88,000 Rebates, EE+ Electrification (Income qualified LMI, Residential) $ 48,000 Incentives, EE+ Electrification (Workforce Multifamily Buildings) $100,000 $325,000 2022 Combined Total Expenses for Staff, and Incentives, Education and Outreach $550,000 Funding from Eagle County: 2022 Eagle County Funds $515,000 2021 Remaining Funds from Rebates, held by Walking Mountains $ 35,000 $550,000 Energy Smart’s goal is to reduce community GHG emissions by 900 MtCO2e in 2022. Program results are measured and reported quarterly, including the number of Eagle County households that receive home energy assessments, health and safety issues identified, number of electrification projects that convert gas and propane heating appliances to electric, resulting annual energy savings and GHG reduction, and community sharing of information and lessons learned through documented case studies. During the term of this Agreement, County shall advance an amount not to exceed three hundred twenty- five thousand dollars ($325,000) to Consultant for disbursement to third parties as described above. Such funds are restricted for incentives, education, and outreach for the Energy Smart Colorado program locally ("Energy Smart Funds"). These Energy Smart Funds shall be provided by County to Consultant as follows: a. Upon execution of this Agreement County shall advance two hundred thousand dollars ($200,000) to Consultant (the “First Distribution”). b. At such time as the First Distribution has been or will within thirty (30) days be expended for the purposes authorized herein, then Consultant shall provide a written notice of the same to the County. Upon receipt of such notice, County and Consultant shall discuss and mutually agree upon the amount of the next distribution or distributions to Consultant which shall not exceed one hundred twenty five thousand dollars ($125,000). The distribution of the remaining funds by County to Consultant may occur in one or more distributions to Consultant and shall be documented in writing by the parties. c. Consultant shall deposit all Energy Smart funds delivered by County to Consultant in a separate account with a bank that is federally insured. All funds in this separate account should be intended for Energy Smart Colorado incentives, education, and outreach. 2) Climate Action Collaborative The Climate Action Collaborative (CAC) for the Eagle County Community joins local governments, businesses, schools, and nonprofit organizations to meet the greenhouse gas (GHG) emission reduction targets set forth in the 2016 “Climate Action Plan for the Eagle County Community.” The CAC provides education, technical support, and secures funding for strategies that significantly reduce greenhouse gas emissions in our community. Eagle County contracts with Walking Mountains Science Center to serve as the project manager, convener and facilitator of the CAC. In this role, Walking Mountains staff facilitates monthly governance meetings and quarterly stakeholder education meetings, and manages the projects of the sector working groups. Staff communicates on events and ongoing progress to the broader community, and maintains DocuSign Envelope ID: B974389F-ABDF-4B99-93BF-C5C3E80179B8 3 the webpage to openly communicate and maintain historical memory of the CAC. Electricity is our cleanest fuel option, and electrification of buildings and vehicles is Eagle County’s #1 strategy for GHG reduction. Priority CAC projects in 2022, by Sector: Buildings: Adopting the most efficient building codes is a key strategy for eliminating wasted energy, lowering energy bills, and reducing carbon emissions. Requiring adequate power supply in new buildings allows for all-electric heating and EV charging, and is foundational to enabling electrification of the residential and commercial building stock. CAC staff will convene key stakeholders and expert advisers, and facilitate the adoption of the 2021 International Code Council (ICC) codes with amendments for electrification across all local governments by the end of 2022. Transportation: Access to charging stations is foundational to EV adoption.The Climate Action Plan goal for Eagle County EV adoption is 2% per year until 2030, including fleets. Achieving this goal will result in a reduction of 98,602 metric tons of CO2 or 17% reduction in transportation emissions by 2030. The CAC will engage with municipal governments for utility and capital planning support, and with other key stakeholders to develop a community-wide EV adoption and charging infrastructure plan, to be completed in 2022. Energy Supply: In support of Holy Cross Energy’s goal to provide 100% renewable sourced electricity by 2030, the CAC will implement a Solarize incentive program in the first half of 2022. Similar to programs in Summit and Garfield counties, the Solarize program will run a RFP process to identify and provide residents with the lowest possible installation cost. Installations will include a mandatory home energy assessment through Energy Smart, education on electrification, and promotion of battery storage. Incentives and financing resources will be offered to low- and middle-income participants. The program goal is to install at least 400 kW of new solar PV in Eagle County, with estimated GHG savings of 330 metric tons of CO2 / year. Waste: The Climate Action Collaborative will continue to work with key stakeholders to divert 80% of all organic materials and 100% of recoverable construction and demolition (C&D) materials by 2030. Through ongoing work with Eagle County Landfill and Recycling, Walking Mountains will continue to increase the overall diversion rate beyond the initial 30% by 2030 goal. 2022 initiatives will target yard waste and C&D diversion efforts to reach these goals. Water Conservation & Carbon Sequestration: The Climate Action Collaborative will convene key stakeholders in the region to focus community efforts on outdoor water use conservation. Efforts to improve soil for carbon sequestration will help to build a foundation for future resilience work to address the coming changes in precipitation and temperature that we expect, as outlined in the Eagle County Climate Impact Study. Funding from Eagle County: Walking Mountains Staff (2 FTE) $110,000 Marketing $ 10,000 Benchmarking community platform $ 5,000 2022 Total $125,000 Program results are measured and reported quarterly, including summary descriptions of the governance meetings and progress toward sector working group goals. DocuSign Envelope ID: B974389F-ABDF-4B99-93BF-C5C3E80179B8 4 3) Actively Green The Actively Green Sustainable Business Program is a training, certification and engagement program that engages local businesses in climate actions and behaviors that reduce the industry’s GHG emissions in all sectors identified within the Climate Action Plan. In 2020, the Actively Green Business network reduced its total GHG emissions by 55% from the previous year (2019: 10,353mt; 2020: 4,573mt); diverted 66% (156.2 tons) of waste through recycling and composting, and 30% of the businesses are purchasing renewable energy. The program has trained more than 400 businesses and certified 80, and completed 353 significant action items from the Green Business Trail Map. The Actively Green program staff supports Energy Smart and the Climate Action Collaborative staff in reaching goals for 2022-23 through the following educational opportunities and objectives: Increase the business community’s knowledge and understanding of energy efficiency, building electrification, renewable energy, and benchmarking. ○ Provide best practice workshops specific to energy and buildings, as well as related climate action initiatives. ○ Connect businesses with Energy Smart Colorado for services and rebates. ○ Complete direct installs for businesses utilizing EPA Pollution Prevention Grant funding. ○ Train and assist businesses in utilizing renewable energy. ○ Train and assist businesses in benchmarking energy use through THG Energy Solutions’ Intelligence Suite. Increase the business community’s knowledge, understanding and adoption of transportation electrification – fleet, rental and commuter vehicles, public transportation and bicycles- and alternative work arrangement policies. ○ Provide best practice workshops specific to sustainable transportation and related climate action initiatives. ○ Connect and assist businesses with available grants, rebates and incentive opportunities for acquisition of electric vehicles and bikes, as well as charging infrastructure. ○ Provide guidance and assistance to employers in transitioning employees toward electric and car-free alternatives. Actively Green also provides opportunities for businesses to engage in initiatives within the waste, water, and carbon sequestration sector groups. Funding from Eagle County: Walking Mountains Staff (.5 FTE) $31,000 2022 Total $31,000 Program results are measured and reported quarterly, including the number of Eagle County businesses certified, and engaged in the Green Business Trailmap. Summary reports will be sent along with each invoice to describe and summarize the program work and activities completed during the period, and progress achieved toward program goals. An annual report will include GHG reduction and behavior changes aligning with climate action initiatives. Invoicing and Program Results Reporting Invoices for the Energy Smart program, the Climate Action Collaborative, and Actively Green will be sent to Eagle County’s Resiliency Department within two weeks after the end of each quarter. DocuSign Envelope ID: B974389F-ABDF-4B99-93BF-C5C3E80179B8 10 Eagle County General Services Final EXHIBIT B INSURANCE CERTIFICATE DocuSign Envelope ID: B974389F-ABDF-4B99-93BF-C5C3E80179B8 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). 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD 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. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. 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 6/18/2021 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 968178168 A X 1,000,000 X 300,000 15,000 1,000,000 2,000,000 X Y PHPK2283981 6/9/2021 6/9/2022 2,000,000 A 1,000,000 X X X Y PHPK2283981 6/9/2021 6/9/2022 A X X 5,000,000PHUB7710916/9/2021Y 6/9/2022 X 10,000 B 4012812 5/1/2021 5/1/2022 500,000 500,000 500,000 A Educators Professional Y PHPK2283989 6/9/2021 6/9/2022 Each Occurence Aggregrate 1,000,000 2,000,000 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: B974389F-ABDF-4B99-93BF-C5C3E80179B8