HomeMy WebLinkAboutC24-118 Walking Mountains Science CenterAGREEMENT FOR SERVICES BETWEEN EAGLE COUNTY, COLORADO AND WALKING MOUNTAINS SCIENCE CENTER THIS AGREEMENT (“Agreement”) is effective as of ________________ by and between Walking Mountains, a Colorado non-profit corporation, d/b/a Walking Mountains Science Center (hereinafter “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, County entered into an agreement with Contractor on February 2nd, 2016 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 in the future; and WHEREAS, County entered into another agreement with Contractor on March 14th, 2017 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 27th, 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, ReEnergize Eagle County is an income-qualified home energy efficiency and weatherization rebate program developed in 2021 by Clean Energy Economy for the Region (CLEER) that is being duplicated and administered by Contractor in 2024 for the benefit of Eagle County residents, and to perform certain services in connection with these programs as more fully set forth in Paragraph 1 below; and WHEREAS, Contractor and Northwest Colorado Council of Governments have entered into a memorandum of understanding dated February 1, 2024, attached hereto as Exhibit B, that sets forth the delivery and management responsibilities of both parties with respect to implementing the ReEnergize Eagle County program for residences in Eagle County; and WHEREAS, County desires to retain Contractor to continue existing programs in support of the CAP including Energy Smart Colorado, the Climate Action Collaborative, the Sustainable Business program; DocuSign Envelope ID: B3B01507-6D34-45C6-918E-14CD6B310C5E 2/27/2024 2 Eagle County General Services Final 8/15/2022 to implement the new ReEnergize Eagle County program; and to perform certain services in connection with these programs as more fully set forth below in Paragraph 1 below; and WHEREAS, Contractor 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 (“Services” or “Work”) 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. Contractor agrees to furnish the Services in a timely and expeditious manner consistent 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 the 31st day of December, 2024. 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 DocuSign Envelope ID: B3B01507-6D34-45C6-918E-14CD6B310C5E 3 Eagle County General Services Final 8/15/2022 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 $919,500. 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 within thirty (30) days of receipt of a proper and accurate invoice from Contractor. All invoices shall include detail regarding the hours spent, tasks performed, who performed each task and such other detail as County may request. 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. 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. 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 DocuSign Envelope ID: B3B01507-6D34-45C6-918E-14CD6B310C5E 4 Eagle County General Services Final 8/15/2022 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 C. 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. 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 moneys paid pursuant to this Agreement. DocuSign Envelope ID: B3B01507-6D34-45C6-918E-14CD6B310C5E 5 Eagle County General Services Final 8/15/2022 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 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, Climate Action 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 Eagle, Co 81631 Telephone: 970-328-8685 E-Mail: atty@eaglecounty.us CONTRACTOR: Melissa Kirr, Senior Programs Director of Sustainability Walking Mountains Science Center Telephone: 970-827-9725 ext. 133 E-Mail: melissak@walkingmountains.org DocuSign Envelope ID: B3B01507-6D34-45C6-918E-14CD6B310C5E 6 Eagle County General Services Final 8/15/2022 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 he 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 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 DocuSign Envelope ID: B3B01507-6D34-45C6-918E-14CD6B310C5E 7 Eagle County General Services Final 8/15/2022 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. 15. Data Security. a. Definitions: DocuSign Envelope ID: B3B01507-6D34-45C6-918E-14CD6B310C5E 8 Eagle County General Services Final 8/15/2022 i. “County Data” means all data created by or in any way originating with County and End Users, and all information that is the output of any computer processing, or other electronic manipulation, of any information that was created by or in any way originating with County and End Users, in the course of using and configuring the Services provided under this Agreement, and includes all records relating to County’s use of Contractor Services and Protected Information. ii. “End User” means the individuals (including, but not limited to employees, authorized agents, students and volunteers of County; Third Party consultants, auditors and other independent contractors performing services for County; any governmental, accrediting or regulatory bodies lawfully requesting or requiring access to any Services; customers of County provided services; and any external users collaborating with County) authorized by County to access and use the Services provided by Contractor under this Agreement. iii. “Protected Information” includes, but is not limited to, personally-identifiable information, student records, protected health information, criminal justice information or individual financial information and other data defined under C.R.S. §§ 24-72-101 et seq., and personal information that is subject to local, state or federal statute, regulatory oversight or industry standard restricting the use and disclosure of such information. The loss of such Protected Information would constitute a direct damage to the County. iv. “Security Incident” means the potentially unauthorized access by non-authorized persons to personal data or non-public data the Contractor believes could reasonably result in the use, disclosure or theft of County Data within the possession or control of the vendor. A Security Incident may or may not turn into a data breach. b. During the course of Contractor's performance of the Work, the Contractor may be required to maintain, store, process or control County Data. The Contractor represents and warrants that: i. Contractor will take all reasonable precautions to maintain all County Data in a secure environment to prevent unauthorized access, use, or disclosure, including industry-accepted firewalls, up-to-date anti-virus software, and controlled access to the physical location of the hardware containing County Data; ii. Contractor’s collection, access, use, storage, disposal and disclosure of County Data shall comply with all applicable data protection laws, as well as all other applicable regulations and directives; iii. Contractor will notify County of any Security Incident as soon as practicable, but no later than 24 hours after Contractor becomes aware of it; iv. Contractor will provide information sufficient to satisfy County’s legal and regulatory notice obligations. Upon notice of a Security Incident, County shall have the authority to direct Contractor to provide notice to any potentially impacted individual or entity, at Contractor’s expense, and Contractor shall be liable for any resulting damages to County. v. Where Contractor has been contracted to maintain, store or process personal information on behalf of the County, it shall be deemed a “Third-Party Service Provider as defined in C.R.S. § 24-73-103(1)(i), and Contractor shall maintain security procedures and practices consistent with C.R.S §§ 24-73-101 et seq.; and DocuSign Envelope ID: B3B01507-6D34-45C6-918E-14CD6B310C5E 9 Eagle County General Services Final 8/15/2022 vi. Contractor will promptly return or destroy any County Data upon request from the County Representative. c. Contractor’s indemnification obligations identified elsewhere in this Contract shall apply to any breach of the provisions of this Paragraph. [REST OF PAGE INTENTIONALLY LEFT BLANK] DocuSign Envelope ID: B3B01507-6D34-45C6-918E-14CD6B310C5E 10 Eagle County General Services Final 8/15/2022 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 BOARD OF COUNTY COMMISSIONERS By: ______________________________ Matt Scherr, Chair Attest: By: _____________________________ Regina O’Brien, Clerk to the Board CONSULTANT WALKING MOUNTAINS, d/b/a WALKING MOUNTAINS SCIENCE CENTER By: _____________________________________ Melissa Kirr, Sr Programs Director of Sustainability DocuSign Envelope ID: B3B01507-6D34-45C6-918E-14CD6B310C5E 11 Eagle County General Services Final 8/15/2022 EXHIBIT A SCOPE OF SERVICES, SCHEDULE, FEES DocuSign Envelope ID: B3B01507-6D34-45C6-918E-14CD6B310C5E Walking Mountains Science Center 2024 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 priorities in 2024 include reducing building-related GHG emissions through building code adoptions, home energy improvements, and building electrification. Eagle County provides funding for existing Walking Mountains programs that help to deliver on these priorities, including the Climate Action Collaborative, the Sustainable Business Program, and Energy Smart Colorado. ReEnergize Eagle County is a new program for Eagle County residents in 2024 that provides targeted outreach, enrollment support, and coordination services to make home energy upgrades available and accessible to income-qualified households. In support of this strategy and these four (4) programs, WMSC will provide the following services for the benefit of Eagle County residents in 2024: 1) ReEnergize Eagle County: ReEnergize Eagle County is an outreach and engagement program that connects income-qualified households with fully funded home energy improvements, including weatherization of building shells and electrification of heating and appliances. Qualification, based on combined household income, is available to all Eagle County residents, regardless of property ownership status and housing type. In 2024, WMSC will implement the program in the Eagle River portion of Eagle County, for the benefit of Eagle County residents. WMSC staff will provide: a) Targeted Outreach through bilingual staff engagement and enrollment events in coordination with partner organizations including Eagle County Public Health, Eagle County Human Services, MIRA Bus, and Eagle Valley Community Foundation. In Q1 and Q2 of 2024, the highest priority is enrolling 25 low-income (up to 60% State Median Income), propane-heated households. Dotsero Mobile Home Park is a priority neighborhood. b) Call Center support for enrollments and coaching, income qualification, and secure data collection and storage. Qualifying households have a combined household income of up to 150% of the Area Median Income (AMI) in Eagle County. Lower-income households (up to 80% AMI) qualify for substantial home energy improvements through state and federal funded programs. For moderate-income households, earning a combined income of 80%-150% AMI, a maximum of $7,500 rebate from Eagle County is available per household. This funding is intended to cover remaining costs, after utility and other available rebates are applied. c) Coordination with Northwest Colorado Council of Governments (NWCCOG) for client records and service delivery. The Energy Program at NWCCOG will receive all completed DocuSign Envelope ID: B3B01507-6D34-45C6-918E-14CD6B310C5E CARE applications and income verification documents from WMSC staff. NWCCOG will determine program eligibility and funding for each participant, and install the energy improvement measures for all ReEnergize clients. ReEnergize client data including home energy improvements, costs, and savings will be tracked through the Energy Smart Colorado database and maintained by staff at WMSC. NWCCOG will provide home energy assessments and improvements for all ReEnergize participants, as guided by an agreement between WMSC and NWCCOG, and attached here as Exhibit B. (At their discretion, NWCCOG may contract directly with households that wish to complete additional recommended improvements above and beyond program funds available.) ReEnergize Eagle County, 2024 goals: ● 100 completed CARE applications (used to determine eligibility for multiple programs) ● 25 enrolled low-income households (up to 80% AMI) ● 25 enrolled middle-income households (80-150% AMI) ● 400 MtCO2e reduced annually from work completed in 2024 Program budget for 2024: Staffing $100,000 Marketing $ 4,000 Funding for Installed Measures $178,000 2024 Funding from Eagle County for ReEnergize Eagle County $282,000 During the term of this Agreement, Eagle County shall advance an amount not to exceed one hundred eighty-two thousand dollars ($182,000) to WMSC for disbursement to third parties as described above. These funds are restricted for program & incentive funds. ReEnergize Eagle County activities and funding will be managed and reported separately and independently from other programs. Program results are measured against the goals above, and reported quarterly to Eagle County Resiliency Department staff no later than 15 days following the end of each quarter. 2) Energy Smart Colorado: Walking Mountains staff uses the Energy Smart Colorado service platform (website, marketing materials, training, and database management) to support energy improvements for existing buildings. Through the program, building owners sign up for an energy assessment, receive coaching on energy improvements, get referrals to local contractors, and receive rebates for completed energy improvements. Staff also helps Energy Smart Colorado launch new initiatives, including Energy Smart’s ECO Credits program that assists owners of deed-restricted homes and neighborhoods to replace gas heating and appliances with modern, all-electric options. DocuSign Envelope ID: B3B01507-6D34-45C6-918E-14CD6B310C5E Energy Smart Colorado, 2024 goals: ● 172 Home Energy Assessments ● 107 Residential Rebates (no income restrictions; max $1,000 annually) ● 25 Commercial Building and /Multi-Family (MF) Rebates (max $7,500 annually) ● 10 homes complete electrification projects through ECO Credits, a program of Energy Smart Colorado. (Accomplishing this goal relies on the successful implementation of the Energy Smart Colorado program.) ● 800 MtCO2e reduced annually from work completed in 2024 Energy Smart Colorado program activities and funding will be managed and reported separately and independently from other programs. Program budget for 2024: Staffing $300,000 Marketing $ 10,500 Contractor Training $ 2,100 Contractor Equipment $ 5,000 Direct Install Materials $ 9,000 Home Energy Assessments (contractors) $ 29,500 Residential Rebates $ 74,900 MF Building and Commercial Rebates $ 62,500 2024 Funding from Eagle County for Energy Smart Colorado $493,500 Any remaining rebate funds from 2023 will be rolled into 2024. WMSC will notify Eagle County staff by email what that amount will be, if any, by January 31, 2024. During the term of this Agreement, Eagle County shall advance an amount not to exceed one hundred ninety-three thousand and five hundred dollars ($193,500) to WMSC for disbursement to third parties as described above. These funds are restricted for program & incentive funds. Energy Smart Colorado activities and funding will be managed and reported separately and independently from other programs. Program results are measured against the goals above, and reported quarterly to Eagle County Resiliency Department staff no later than 15 days following the end of each quarter. 3) 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) emissions-reduction targets set forth in the 2020 update of the “Climate Action Plan for the Eagle County Community.” The CAC provides education, technical support, programs, and secures funding for strategies that significantly reduce greenhouse gas emissions in our community. As a member organization, Eagle County provides a proportionate amount of the annual CAC budget, as determined by the CAC board. Walking Mountains Science Center serves as the project manager, convener, and facilitator of the CAC. In this role, Walking Mountains staff facilitates monthly governance meetings and semi-annual 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 the webpage to openly communicate and maintain historical memory of the CAC. DocuSign Envelope ID: B3B01507-6D34-45C6-918E-14CD6B310C5E Electricity is our cleanest fuel option, and electrification of buildings and vehicles is Eagle County’s primary strategy for GHG reduction. Priority CAC projects in 2024, 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. As a continuation of the Eagle County Code Cohort, CAC staff have secured funds from the Colorado Energy Office to convene key stakeholders and expert advisors to create a Buildings Net-Zero Action Plan (BNZAP) for Eagle, Pitkin, and Garfield County communities. The objective of the BNZAP is to create a consensus-based roadmap to achieve net-zero energy new construction by 2030. There will also be workforce, enforcement, and compliance engagements associated with this project to attend to any anticipated challenges. Additionally, CAC staff will create and launch a Green Lease program for Eagle County. The goal of this program is to work with five landlords of individual rental units in making their rental units more sustainable. Beyond these initiatives, CAC staff will continue to host energy efficiency and electrification events with key partners, such as Holy Cross Energy. 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 CO2e or 17% reduction in transportation emissions by 2030. The CAC will continue to work towards implementation of the Eagle County EV Infrastructure Plan by assisting with at least five electric vehicle supply equipment (EVSE, also known as EV charging stations) installations for multifamily HOAs or commercial areas. To meet this goal, CAC staff will convene an EVSE cohort with key stakeholders and experts that will assist interested communities in planning, funding, and installing EVSE. Eagle County Government will be a partner of this initiative. Additionally, in the service of reducing single- occupant commuter trips two days per week, a priority action in our Climate Action Plan, CAC staff will secure the funds to host a Work from Home/Bus to Work Week campaign to promote CAC’s Trends with Benefits resources and working from home or taking public transit as a climate action strategy. Beyond these initiatives, CAC staff will: ● Host our annual EV Ride N Drive and E-Bike Demo event in the spring ● Promote existing EV, EVSE, and multimodal transportation rebates and information Energy Supply: In 2023, CAC was accepted into the National Renewable Energy Laboratory's (NREL) Waste-to-Energy Technical Assistance Program. NREL is assisting Eagle River Water and Sanitation District and Town of Eagle in understanding the feasibility of increasing biosolid classification and finding productive end streams for the biosolids to be distributed locally. The deliverables will be completed by year-end 2023. In 2024, CAC staff will support key stakeholders in implementing the results of NREL’s consulting services. Beyond this initiative, CAC staff will: ● Continue to partner with Holy Cross Energy to promote programs such as Peak Time Payback, Power+, and PuRE 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 Solid Waste and Recycling, CAC will continue to increase the overall diversion rate to meet the Climate Action Plan goal of 40% DocuSign Envelope ID: B3B01507-6D34-45C6-918E-14CD6B310C5E diversion by 2030. Initiatives in 2024 will target organics, such as yard waste and compost, as well as C&D diversion efforts to reach these goals. CAC staff will support key stakeholders in the creation of a C&D Management Plan for Eagle County communities. Water Conservation: Remaining resilient in the face of climate change-induced water scarcity is a top priority for Eagle County. CAC staff will continue to work with key stakeholders and partners to reduce indoor and outdoor water consumption, with a more heightened focus on outdoor water reductions. Additionally, CAC staff will create water-energy nexus reports for each water- providing entity in Eagle County. Using the created Water-Energy Nexus Calculator, the greenhouse gas emissions associated with water treatment can be calculated and recommendations can be provided to increase operational efficiencies as well as consumer water conservation. Beyond these initiatives, CAC staff will: ● Support the promotion of rebates and incentives through Eagle River Water and Sanitation District and Beyond Lawn programs and continue to support both entities in their education and outreach efforts ● Advocate for landscape water conservation policies to municipalities and HOAs in their planning and zoning updates Natural Climate Solutions: In an overall effort to support local natural climate solutions practitioners, CAC staff will work closely with partner organizations to educate and advocate for regenerative agriculture practices, soil health, watershed restoration, and healthy forest management. CAC staff will maintain a presence at partner organization events to communicate the climate impact of natural climate solutions. 2024 Funding from Eagle County for Climate Action Collaborative: $ 94,000 Climate Action Collaborative activities and funding will be managed and reported separately and independently from other programs. Program results are measured and reported quarterly to Eagle County Resiliency Department staff no later than 15 days following the end of each quarter, including summary descriptions of the governance meetings and progress toward sector working group goals. 4) Sustainable Business The Sustainable Business Program is a training, certification and engagement program that engages local businesses in climate actions and behaviors that reduce GHG emissions in all sectors identified within the Climate Action Plan. Local businesses are encouraged to participate in the program through a variety of offerings including a certification cohort, roundtable discussions, and the Sustainable Business trail map.The sustainable business program at Walking Mountains plans to engage more businesses in direct climate action goals by requiring energy walkthroughs and rebate education for Actively Green certification. In 2024, the introduction of the Sustainable Business Leadership Program will redefine the methods and motivations behind businesses attaining Actively Green certification. This cohort-based initiative will guide a select group of businesses through certification requirements over a nine month period, spanning from February to October. Cohort-style learning will create a sense of peer-generated accountability and teamwork among the participating businesses, allowing for stronger relationships between all involved. These benefits will ensure that participants take action on sustainability plans, data tracking and utilization, and overall reduction of greenhouse gas emissions. DocuSign Envelope ID: B3B01507-6D34-45C6-918E-14CD6B310C5E ● Businesses will be recruited into the first year of this group, based on several criteria including: potential for energy-efficiency projects and eventual GHG reductions, willingness to participate in regularly scheduled class-type learning sessions, and those with otherwise restricted access to sustainable business guidance in our community. ○ New Requirement: All businesses within the cohort to obtain a free energy walkthrough and plan at least one energy efficiency related project by October 2024. ○ Each learning session will focus on a new group of criteria including, but not limited to: business planning, green team operations, environmental management of water, waste, energy, transportation, social responsibility, and destination management. ● Pre-existing businesses will continue to participate and receive guidance on sustainable best practices through the following: ○ Semi-annual roundtable discussions for the existing sustainable businesses and businesses interested in learning more about sustainability. Participants will have the chance to share successes and challenges from the recent past and hear from guest speakers on relevant sustainability topics. ○ Regular networking events including pre-Sustainable Film Series Happy Hours to incentivize a stakes-free environment for businesses to meet, mingle, learn and ask questions. ○ Opportunities to work with businesses currently enrolled in the Sustainable Business Leadership Academy as a mentor or expert in a specific sustainability area 2024 Funding from Eagle County for Sustainable Business program: $ 50,000 Sustainable Business program activities and funding will be managed and reported separately and independently from other programs. Program results will be measured and reported quarterly to Eagle County Resiliency Department staff no later than 15 days following the end of each quarter, including the number of Eagle County businesses connected to Energy Smart Colorado and the ECO Credit program. An annual report will include GHG reduction and behavior changes aligning with climate action initiatives. Budget Summary Program Total ReEnergize Eagle County $282,000 Energy Smart Colorado $493,500 Climate Action Collaborative $94,000 Sustainable Business $50,000 Total $919,500 DocuSign Envelope ID: B3B01507-6D34-45C6-918E-14CD6B310C5E Invoicing and Program Results Reporting WMSC will send quarterly invoices and results reports for ReEnergize Eagle County, Energy Smart Colorado, the Climate Action Collaborative, and Sustainable Business programs to Eagle County’s Resiliency Department within fifteen (15) days after the end of each quarter. DocuSign Envelope ID: B3B01507-6D34-45C6-918E-14CD6B310C5E 12 Eagle County General Services Final 8/15/2022 EXHIBIT B MEMORANDUM OF UNDERSTANDING - REENERGIZE WALKING MOUNTAINS AND NORTHWEST COLORADO COUNCIL OF GOVERNMENTS DocuSign Envelope ID: B3B01507-6D34-45C6-918E-14CD6B310C5E DocuSign Envelope ID: B3B01507-6D34-45C6-918E-14CD6B310C5E DocuSign Envelope ID: B3B01507-6D34-45C6-918E-14CD6B310C5E DocuSign Envelope ID: B3B01507-6D34-45C6-918E-14CD6B310C5E DocuSign Envelope ID: B3B01507-6D34-45C6-918E-14CD6B310C5E 13 Eagle County General Services Final 8/15/2022 EXHIBIT C INSURANCE CERTIFICATE DocuSign Envelope ID: B3B01507-6D34-45C6-918E-14CD6B310C5E SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 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CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 1/29/2024 Arthur J.Gallagher Risk Management Services,LLC 10901 West 120th Ave,Suite 100 Broomfield CO 80021 Jamie McMahon 303-247-8403 303-444-8481 Jamie_McMahon@AJG.com Philadelphia Indemnity Insurance Company 18058 WALKMOU-01 Pinnacol Assurance Company 41190WalkingMountainsScienceCenter PO Box 9469 Avon CO 81620 Pinnacol Assurance Company 41190 205403323 A X 1,000,000 X 300,000 15,000 1,000,000 2,000,000 X PHPK2564169 6/9/2023 6/9/2024 2,000,000 A 1,000,000 X X X PHPK2564169 6/9/2023 6/9/2024 A X X 5,000,000PHUB8675536/9/2023 6/9/2024 5,000,000 X 10,000 C X40128125/1/2023 5/1/2024 500,000 500,000 500,000 A B EDUCATOR'S PROFESSIONAL CYBER LIABILITY PHPK2564170 PHSD1803157 6/9/2023 6/9/2023 6/9/2024 6/9/2024 LIMIT/AGGREGATE OCCURRENCE $5,000,000 $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. 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