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Home My WebLink About275431 SUSTAINABLE LIVING ASSOCIATION - CONTRACT - AGREEMENT MISC - SUSTAINABLE LIVING ASSOCIATIONOfficial Purchasing Document Last updated 10/2017 SS2021 – Sustainable Living Association SERVICES AGREEMENT THIS AGREEMENT made and entered into the day and year set forth below by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and SUSTAINABLE LIVING ASSOCIATION, hereinafter referred to as "Service Provider". WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Scope of Services. The Service Provider agrees to provide services in accordance with the scope of services attached hereto as Exhibit A, consisting of eight (8) pages and incorporated herein by this reference. 2. Contract Period. This Agreement shall commence June 10, 2021 and shall continue in full force and effect until August 31, 2022, unless sooner terminated as herein provided. 3. Delay. If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without its fault or negligence, then the party so prevented shall be excused from whatever performance is prevented by such cause. To the extent that the performance is actually prevented, the Service Provider must provide written notice to the City of such condition within ten (10) days from the onset of such condition. 4. Early Termination by City/Notice. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Service Provider. Such notice shall be delivered at least ten (10) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective when emailed and sent to the following addresses: Service Provider: City: Copy to: Sustainable Living Association Attn: Kellie Falbo P.O. Box 1095 Fort Collins, CO 80522 Kellie@sustainablelivingassociation.org City of Fort Collins Attn: Jensen Morgan 222 Laporte Ave Fort Collins, CO 80522 jmorgan@fcgov.com City of Fort Collins Attn: Purchasing Dept. PO Box 580 Fort Collins, CO 80522 purchasing@fcgov.com In the event of early termination by the City, the Service Provider shall be paid for services rendered to the date of termination, subject only to the satisfactory performance of the Service Provider's obligations under this Agreement. Service Provider shall submit a final invoice within ten (10) days of the effective date of termination. Undisputed invoices shall be paid Net 30 days of the date of the invoice. Such payment shall be the Service Provider's sole right and remedy for such termination. DocuSign Envelope ID: 23CCD3FE-387F-488A-9142-F1B7E09A51EA Official Purchasing Document Last updated 10/2017 SS2021 – Sustainable Living Association 5. Compensation. The City shall pay the Service Provider for the performance of this contract a total of Ten Thousand Dollars ($10,000). The Service Provider shall invoice for payment in five (5) monthly installments as follows: - 1st installment (invoice mid-June) - $3,000 - 2nd installment (invoice mid-July) - $2,000 - 3rd installment (invoice mid-August) - $2,000 - 4th installment (invoice mid-September) - $2,000 - 5th installment (invoice mid-October) - $1,000 Invoices shall be emailed to invoices@fcgov.com with a copy to the Project Manager. Each installment will be paid by the City following the submittal of a correct invoice by the Service Provider. The City pays invoices on Net 30 days from the date of the invoice. 6. Appropriation. To the extent this Agreement or any provision in it constitutes a multiple fiscal year debt or financial obligation of the City, it shall be subject to annual appropriation by City Council as required in Article V, Section 8(b) of the City Charter, City Code Section 8-186, and Article X, Section 20 of the Colorado Constitution. The City shall have no obligation to continue this Agreement in any fiscal year for which no such supporting appropriation has been made. 7. City Representative. The City will designate, prior to commencement of the work, its representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the services provided under this agreement. All requests concerning this agreement shall be directed to the City Representative. 8. Independent Service Provider. The services to be performed by Service Provider are those of an independent service provider and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Service Provider's compensation hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for any other purpose. 9. Subcontractors. Service Provider may not subcontract any of the Work set forth in the Exhibit A, Statement of Work without the prior written consent of the City, which shall not be unreasonably withheld. If any of the Work is subcontracted hereunder (with the consent of the City), then the following provisions shall apply: (a) the subcontractor must be a reputable, qualified firm with an established record of successful performance in its respective trade performing identical or substantially similar work, (b) the subcontractor will be required to comply with all applicable terms of this Agreement, (c) the subcontract will not create any contractual relationship between any such subcontractor and the City, nor will it obligate the City to pay or see to the payment of any subcontractor, and (d) the work of the subcontractor will be subject to inspection by the City to the same extent as the work of the Service Provider. Irrespective of any subcontractors named in Exhibit A, Service Provider shall be solely responsible for performance of all duties hereunder. DocuSign Envelope ID: 23CCD3FE-387F-488A-9142-F1B7E09A51EA Official Purchasing Document Last updated 10/2017 SS2021 – Sustainable Living Association 10. Personal Services. It is understood that the City enters into the Agreement based on the special abilities of the Service Provider and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Service Provider shall neither assign any responsibilities nor delegate any duties arising under the Agreement without the prior written consent of the City. 11. Acceptance Not Waiver. The City's approval or acceptance of, or payment for any of the services shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement or cause of action arising out of performance of this Agreement. 12. Warranty. a. Service Provider warrants that all work performed hereunder shall be performed with the highest degree of competence and care in accordance with accepted standards for work of a similar nature. b. Unless otherwise provided in the Agreement, all materials and equipment incorporated into any work shall be new and, where not specified, of the most suitable grade of their respective kinds for their intended use, and all workmanship shall be acceptable to City. c. Service Provider warrants all equipment, materials, labor and other work, provided under this Agreement, except City-furnished materials, equipment and labor, against defects and nonconformances in design, materials and workmanship/workwomanship for a period, the longer of; i) The original manufacturer’s warranty term; or ii) beginning with the start of the work and ending twelve (12) months from and after final acceptance under the Agreement, regardless whether the same were furnished or performed by Service Provider or by any of its subcontractors of any tier. Upon receipt of written notice from City of any such defect or nonconformances, the affected item or part thereof shall be redesigned, repaired or replaced by Service Provider in a manner and at a time acceptable to City. 13. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this agreement, such party may be declared in default thereof. 14. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail himself of any other remedy at law or equity. If the non-defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non- defaulting party for the non-defaulting party's reasonable attorney fees and costs incurred because of the default. 15. Entire Agreement; Binding Effect; Order of Precedence; Authority to Execute. This Agreement, along with all Exhibits and other documents incorporated herein, shall constitute the entire Agreement of the parties regarding this transaction and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, DocuSign Envelope ID: 23CCD3FE-387F-488A-9142-F1B7E09A51EA Official Purchasing Document Last updated 10/2017 SS2021 – Sustainable Living Association 16. heirs, personal representatives, successors and assigns of said parties. Covenants or representations not contained in this Agreement shall not be binding on the parties. In the event of a conflict between terms of the Agreement and any exhibit or attachment, the terms of the Agreement shall prevail. Each person executing this Agreement affirms that they have the necessary authority to sign on behalf of their respective party and to bind such party to the terms of this Agreement. 17. Indemnity/Insurance. a. The Service Provider agrees to indemnify and save harmless the City, its officers, agents and employees against and from any and all actions, suits, claims, demands or liability of any character whatsoever brought or asserted for injuries to or death of any person or persons, or damages to property arising out of, result from or occurring in connection with the performance of any service hereunder. b. The Service Provider shall take all necessary precautions in performing the work hereunder to prevent injury to persons and property. c. Without limiting any of the Service Provider's obligations hereunder, the Service Provider shall provide and maintain insurance coverage naming the City as an additional insured under this Agreement of the type and with the limits specified within Exhibit B, consisting of one (1) page, attached hereto and incorporated herein by this reference. The Service Provider before commencing services hereunder, shall deliver to the City's Purchasing Director, P. O. Box 580, Fort Collins, Colorado 80522, one copy of a certificate evidencing the insurance coverage required from an insurance company acceptable to the City. 18. Entire Agreement. This Agreement, along with all Exhibits and other documents incorporated herein, shall constitute the entire Agreement of the parties. Covenants or representations not contained in this Agreement shall not be binding on the parties. 19. Law/Severability. The laws of the State of Colorado shall govern the construction interpretation, execution and enforcement of this Agreement. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. 20. Prohibition Against Unlawful Discrimination. The City, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. The City strictly prohibits unlawful discrimination based on an individual’s gender (regardless of gender identity or gender expression), race, color, religion, creed, national origin, ancestry, age 40 years or older, marital status, disability, sexual orientation, genetic information, or other characteristics protected by law. For the purpose of this policy “sexual orientation” means a person’s actual or perceived orientation toward heterosexuality, homosexuality, and bisexuality. The City also strictly prohibits DocuSign Envelope ID: 23CCD3FE-387F-488A-9142-F1B7E09A51EA Official Purchasing Document Last updated 10/2017 SS2021 – Sustainable Living Association unlawful harassment in the workplace, including sexual harassment. Further, the City strictly prohibits unlawful retaliation against a person who engages in protected activity. Protected activity includes an employee complaining that he or she has been discriminated against in violation of the above policy or participating in an employment discrimination proceeding. The City requires its vendors to comply with the City’s policy for equal employment opportunity and to prohibit unlawful discrimination, harassment and retaliation. This requirement applies to all third-party vendors and their subcontractors at every tier. 21. Governmental Immunity Act. No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the notices, requirements, immunities, rights, benefits, protections, limitations of liability, and other provisions of the Colorado Governmental Immunity Act, C.R.S. § 24-10-101 et seq. and under any other applicable law. 22. Public Contracts for Services. Where applicable, the Service Provider verifies, warrants, and agrees that it is aware of, and shall comply with, C.R.S. Sec. 8-17.6-101 and -102 in its employment, contracting and subcontracting practices with respect to performing work under this Agreement. In the event the Service Provider fails to comply with any requirements of C.R.S. Sec. 8-17.6-101 and -102, the City may terminate this Agreement for breach and, if so terminated, the Service Provider shall be liable for actual and consequential damages. 23. Colorado Open Records Act. The City is subject to Sec. 24-72-201 et seq. of the Colorado Revised Statute (CORA). This Agreement is subject to public disclosure in whole pursuant to CORA. 24. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit D - Confidentiality, consisting of one (1) page, attached hereto and incorporated herein by this reference. Signature Page Follows DocuSign Envelope ID: 23CCD3FE-387F-488A-9142-F1B7E09A51EA Official Purchasing Document Last updated 10/2017 SS2021 – Sustainable Living Association THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul, Purchasing Director Date: SUSTAINABLE LIVING ASSOCIATION By: Date: DocuSign Envelope ID: 23CCD3FE-387F-488A-9142-F1B7E09A51EA 6/15/2021 6/16/2021 Official Purchasing Document Last updated 10/2017 SS2021 – Sustainable Living Association EXHIBIT A SCOPE OF SERVICES Reimagine a Sustainable Business Program in 2021 Total Project Cost: $10,000.00 – To be invoiced and paid in five (5) installments Summary The outcome of this project is to propose a pilot model for a new sustainable business program in Fort Collins due to the conclusion of the City of Fort Collins ClimateWise Program. The Our Climate Future 2021-22 Tactical Plan has identified “Reimagine a Sustainable Business Program” as a key ‘Next Move’ and has listed the Sustainable Living Association (The Service Provider) as the lead partner for implementation. The new program will be designed from the beginning to align with the City’s strategic priority Neighborhood Livability & Social Health 1.4: “Advance equity for all, leading with race, so that a person's identity or identities is not a predictor of outcomes.” This project supports the City’s Economic Health strategic objective to, “Systematically engage the business community with an emphasis on starting, sustaining and renewing businesses.” In partnership with local businesses and the City of Fort Collins, the Service Provider will lead exploration and visioning of what local businesses want for a new sustainable business program. The Service Provider will involve a range of businesses in this process, including business owners who identify as being part of historically underrepresented groups to ensure the new program is co-created with “equity for all, leading with race” at its core. The Service Provider will also analyze any barriers businesses experienced while participating in ClimateWise as well as any administrative challenges the City had. The following will be reviewed: ● Business motivation or lack of motivation to participate in a sustainable business program; ● Program participation and level advancements rates; ● Participation and membership barriers among minority and female owned businesses, non-profits, and small businesses; ● Trade offs (pros and cons) for past ClimateWise program participants; ● Desired programmatic features, structures, and incentives; ● Challenges for non-member businesses; ● Challenges for non-profit and other not-for-profit entities (non-members); ● Alignment with any existing City or regional goals and programs. Project Deliverables Part 1: Background Research Report Part 1a: Best Practice Research The Service Provider will begin with a comprehensive review of best practices as they relate to local voluntary environmental programs such as program structures, incentives, outcomes (note this list is not exhaustive). The Service Provider will also review and summarize the relevant data already collected primarily by the City as it relates to ClimateWise. In addition, the Service Provider will research best practices for engaging and partnering with historically underrepresented business owners. DocuSign Envelope ID: 23CCD3FE-387F-488A-9142-F1B7E09A51EA Official Purchasing Document Last updated 10/2017 SS2021 – Sustainable Living Association Part 1b: Data Identification Needs & Discussion To develop Part 2, the Service Provider will create a list of key stakeholders, including a range of business types and sizes as well as stakeholders from historically underrepresented businesses and organizations in Fort Collins. Then, the Service Provider will invite key stakeholders to create a Research Team to participate in several key tasks and conversations: 1. Identifying data that still needs to be collected as well as identifying next steps in relation to data collection and management; 2. Identifying business membership gaps including minority and female owned businesses, small businesses, and non-profits/not-for-profit organizations; 3. Identifying stakeholders and initial outreach needed to build trust to invite historically underrepresented businesses and organizations to join the Steering Committee; 4. Review Our Climate Future Phase One business data and themes; 5. Identifying “what sorts of questions can be answered and are worth knowing” from a business perspective and should be included in business engagement. This should build off historic data from the City related to ClimateWise, Our Climate Future and other business programming; 6. Identifying member and non-member needs and wants; 7. Identifying barriers to program participation or levels advancement. Part 1 Deliverable: Background Research Report Part 2: Business Engagement and Steering Committee Part 2a: Establish Steering Committee The Service Provider will assemble a steering committee of key stakeholders, inclusive of historically underrepresented businesses and organizations, needed to guide and implement the reimagining process. Key stakeholders could include: ● Previous ClimateWise businesses ● Small businesses ● New businesses ● Minority, LGBTQIA+, Veteran and Women-owned businesses ● BIPOC Alliance ● Businesses who are unaware of ClimateWise ● Businesses who weren’t interested in ClimateWise or dislike climate action ● Businesses impacted by COVID-19 ● Primary employers ● Fort Collins Area Chamber of Commerce ● City of Fort Collins – key supporting departments liaisons (Key Accounts, Environmental Services, Economic Health Office, FC Moves) ● Small Business Development Center ● Innosphere ● Larimer County Economic and Workforce Development ● CDPHE representative to advise on State Wide Program changes/updates ● Bcorp DocuSign Envelope ID: 23CCD3FE-387F-488A-9142-F1B7E09A51EA Official Purchasing Document Last updated 10/2017 SS2021 – Sustainable Living Association Part 2b: Business Engagement Business engagement could include interviews with key stakeholders, focus groups, surveys, or large workshops. Engagement will seek to answer key questions such as, but not limited to, the following: 1. What are businesses’ vision for the future of ClimateWise? 2. What would businesses want out of a sustainable business program post-COVID? 3. How could we center a new sustainable business program on “equity for all, leading with race?” 4. Would businesses want a program that expands the scope to include climate and financial resilience? 5. Are there other ways businesses would want to see scope change? 6. What policies or programs do businesses think are necessary to achieve community environmental goals? 7. What would be needed for a new program to align with regional initiatives and partners? 8. Do we need a business subcommittee focused on creating sustainability focused regulations that are fair to businesses and lead the way to a sustainable future? 9. What tools or information do businesses need to be more sustainable and resilient? 10. Building off of historic ClimateWise data we heard XXX was why participants wanted to join or leave ClimateWise. Does this resonate with you? Why or why not? 11. If you’ve heard of ClimateWise before and chose not to participate, please share why? What would have made joining more appealing or add value to your business? 12. Why did members advance in the program or stay stagnant? 13. What were the tradeoffs, pros and cons, of ClimateWise? 14. Is there interest in training tools and program participation? 15. Do you have interest in subsequent Zoom meetings/discussions about reimagining a sustainable business program beyond today’s meeting? Part 2 Deliverable: Business Engagement Report Part 3: Visioning Workshop The Service Provider will lead a visioning workshop with the Steering Committee members to review business engagement feedback, Background Research Report, and begin to design a prototype for the new program. The structured workshop will have four primary goals: 1. Present and discuss results of business engagement and best practice research to the Steering Committee 2. Develop a set of recommendations, best practices and strategies to inform a future sustainable business program and implementation pilot that centers “equity for all, leading with race” 3. Based on business engagement and best practice research, identify a “guiding light” and vision for the program 4. Brainstorm an implementation plan for a pilot program and identify which businesses and organizations could be selected for a pilot or approaches for equitable recruitment Part 3 Deliverable: Workshop Report and Implementation Plan for Pilot DocuSign Envelope ID: 23CCD3FE-387F-488A-9142-F1B7E09A51EA Official Purchasing Document Last updated 10/2017 SS2021 – Sustainable Living Association Part 4: Implementation Pilot and Evaluation Part 4a: Implement Pilot The final part of this will be deploying a small implementation pilot project with 5-10 businesses that integrates ‘lessons learned’ from business engagement to experiment with a new sustainable business program model that centers “equity for all, leading with race”. This pilot project will deploy the Implementation Plan for the Pilot in partnership with the Steering Committee and stakeholders, inclusive of historically underrepresented businesses and organizations. Part 4b: Evaluate Pilot The Service Provider will lead an evaluation workshop with the Steering Committee to answer the following questions: ● Has the pilot been successful? ● What are measures of success for the pilot? ● What kind of impacts did existing city, state, and federal programs have on participants' success? ● What parts of the pilot weren’t successful? ● What kind of businesses did and did not participate in the pilot? ● What stakeholders were missing and why? ● What needs to change for the pilot to scale to a full program? And what is the right scale? ● Does the program align regionally and what could be changed for better alignment? ● What needs to change for the pilot to prioritize “equity for all, leading with race”? ● What is needed for the full program to be financially self-sustaining? ● What was missing from the pilot? Project Funds The City will support the Service Provider with $10,000 in funds in 2021 to lead the reimagining process and build internal capacity within the Service Provider for the project. The funds may be used by the Service Provider to achieve deliverables in the project scope for: outreach and marketing to businesses, increasing personnel capacity at the Service Provider for the project, standing up the pilot, or other needs aligned with the project scope. The City is excited to support the Service Provider as the lead partner to “Reimagine a Sustainable Business Program” and acknowledges that the Service Provider will likely need to apply for additional funding outside the City to fully stand up a new sustainable business program in Fort Collins. Although all work stated hereunder will be completed by the Service Provider for $10,000, the City will also reevaluate the possibility of adding additional funding support for 2022 and beyond after the 2022 City Budget is adopted. What Happens After the Pilot? After this project is complete the City and the Service Provider will discuss 2022 and beyond for the “Reimagine a Sustainable Business Program” Next Move. Long-term Outcomes ● 2021 Outcomes – Complete Part 1 and Part 2 deliverables (Background research and business engagement) ● 2022 Outcomes - Complete Part 3 and Part 4 deliverables (Host visioning workshop to develop a pilot program; launch and evaluate the pilot) DocuSign Envelope ID: 23CCD3FE-387F-488A-9142-F1B7E09A51EA Official Purchasing Document Last updated 10/2017 SS2021 – Sustainable Living Association ● 2023 Outcomes – Identify long-term leader of new program and stand up official program ● 2024+ Outcomes – Scale the full program to reach at least 1,000 businesses Background Information History of ClimateWise *From the City’s “ClimateWise Evaluation Plan” The ClimateWise program began in the City of Fort Collins starting in 2000, following adoption of the City’s first Climate Action Plan in 1999. The program developed over the years and was housed in different City departments at various times, but it always focused on providing local businesses with the information and opportunities to help them and the community achieve their sustainability and greenhouse gas reduction goals. In 2014, the ClimateWise program underwent a ‘refresh’ due to feedback from participating businesses and City staff. The ClimateWise refresh was to ensure the City was offering a cost-effective, outcomes-based program that helped local businesses save resources and reduce waste, greenhouse gas emissions and business costs. Following the ‘refresh’ work, the ClimateWise 2.0 program was rolled out in October 2015 to: ● simplify program requirements, ● streamline partner reporting, ● engage more businesses, ● reduce program costs, ● ensure long-term program viability for both City staff and ClimateWise partners, ● create and strengthen alignment with other city departments and programs. ClimateWise 2.0 included five badges local businesses may earn in energy, water, transportation, waste, and social responsibility. The program also hosted a specialty badge that rotated every two years based on new City priorities, e.g., in 2015-2016 the WorkWise badge supported the Lose-A-Watt (Georgetown) campaign, and for 2017-2018 the Education and Employee Engagement Challenge supports behavior change and the culture of conservation. Businesses earn points for strategies/projects completed for each badge pursued, and the points earned within each badge determine the level of achievement: silver, gold or platinum. In 2020 ClimateWise ended as a City-led project and staff began to explore what a successor to the program could like that aligned with the Our Climate Future planning process and the business landscape in the midst of COVID-19. Why did ClimateWise End? The ClimateWise program served Fort Collins businesses for 20 years and went through multiple design iterations during that time to adapt to evolving business and City needs, helping to meet commercial greenhouse gas reduction goals. In 2018 the program was evaluated internally to explore its successes, challenges, and future path. In 2020, the program ended after an in-depth staff evaluation noting it was not able to stay current with the business community’s needs due to a lack of resources and funding cuts. The City sees tremendous value in this program and the Our Climate Future Plan has highlighted a continued need and desire from businesses for there to be programming in this space. To continue the purpose of the ClimateWise program while adapting to current needs, the City is DocuSign Envelope ID: 23CCD3FE-387F-488A-9142-F1B7E09A51EA Official Purchasing Document Last updated 10/2017 SS2021 – Sustainable Living Association partnering with the Sustainable Living Association, along with local businesses and regional leaders, to reimagine a sustainable business program that will continue to serve the business community. Potential Challenges and Opportunities ● Previous program challenges ○ Cost associated with creating a sustainable business or organization. ○ Lack of employee, company, stakeholder or community buy-in to sustainability. ○ Lack of knowledge of or access to the resources needed for sustainable business operations. ● Potential future barriers and opportunities ○ Securing enough funding to provide businesses with the support they need in terms of incentives, rebates, site visits (?), audits, small efficiency improvement grants, etc. ○ Businesses are still dealing with the effects of COVID on their bottom line and may not see sustainability as a priority this year. We should consider an easier, less time consuming reporting process so smaller businesses with less staff will not feel overwhelmed by the process (time commitment). ○ We will need to deploy a comprehensive marketing and outreach plan that speaks to the power of community - and makes sure businesses know what their role is/can be. ○ “Equity for all, leading with race” needs to be a priority in the steering committee formation and pilot program. ○ How to keep businesses/people motivated and engaged, maintain momentum from the last 20 years of ClimateWise. Roles and Strategic Partners ● City – Alignment with the Our Climate Future Plan and other city goals and strategic plans ● Statewide Goals - Colorado Greenhouse Gas Pollution Reduction Roadmap ● Larimer County - ClimateSmart Framework ● Fort Collins Moves - Transportation ● Chamber of Commerce, Kevin Jones – Outreach and Key Accounts ● Fort Collins Utilities - Key Accounts and other supporting departments ● Jon Fisk and Ginny Clary of Auburn University -Grant writing assistance ● EPA – Environmental Justice Grant ● Colorado Green Business Programs Group – statewide, CDPHE ● Best for Colorado and B-corp ● Lotus Engineering ● Visit Fort Collins, Colorado Tourism Office – eco tourism @ carbon footprint ● Marketing/Branding/Outreach ● Data Collection ● MBA Student from CSU ● CSU Student, School of Business – Sustainability Program, Interns ● Diverse Colorado, Black, Indigenous and other People of Color (BIPoC) – volunteer project advocating for antiracism and racial equity ● Community Foundation of Northern Colorado ● Small Business Development Center ● Colorado Office of Economic Development DocuSign Envelope ID: 23CCD3FE-387F-488A-9142-F1B7E09A51EA Official Purchasing Document Last updated 10/2017 SS2021 – Sustainable Living Association ● City for annual Recognition Event Reporting and Tracking Deliverables Timeline *subject to changes mutually agreed upon between the Service Provider and the City ● May 1st – Project Scope approved ○ Request to Purchasing Department to make funds available ○ Solicit and hire project support person ○ The Service Provider will begin a preliminary review of all research and data ○ Begin communications with potential stakeholders for the Leadership Team who will be responsible for Part 1 Deliverables ● May 6 - Announcement of “Reimagine” Planning at Key Accounts Meeting ○ The Service Provider to work with City staff to coordinate a press release to key stakeholders and business community ● June 1, 2021 – Start forming Steering Committee ○ Start working with an MBA Fellow ● June 30, 2021 – Part 1 Deliverables Due ○ Potential funding from Community Foundation of NoCo Foundation ● July 1 - December 31, 2021: Part 2 Deliverables ● January 1 - March 31, 2022 - Part 3 Deliverables ● April 1 - June 30, 2022 – Pilot Program ● July 1 - August 31, 2022 - Evaluation of Pilot and Recommendations for a Fully Scaled Program Measures of Success - What to expect in Q2 2022 By the end of Q2 2022, the Sustainable Living Association will have completed a pilot of a new sustainable business program and evaluated it to identify what was successful and what would need to be improved for full implementation of a program. Possible signs of success: ● Historically underrepresented businesses and organizations make up at least half of the organizations participating in the pilot. ● Businesses participating in the pilot and steering committee are interested in continuing with the project and supporting implementation of the full program to realize “equity for all, leading with race”. ● The project has identified program scope and framing that could be turned into a fully marketable program to Fort Collins businesses. ● The Service Provider, City and business partners develop a clear vision, scope, and estimated financial need for a fully realized sustainable business program. ● The proposed full-scale program aligns with current city and community programs and goals. DocuSign Envelope ID: 23CCD3FE-387F-488A-9142-F1B7E09A51EA Official Purchasing Document Last updated 10/2017 SS2021 – Sustainable Living Association EXHIBIT B INSURANCE REQUIREMENTS The Service Provider will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Service Provider shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies. In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Service Provider, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Service Provider under this Agreement. Insurance certificates should show the certificate holder as follows: City of Fort Collins Purchasing Division PO Box 580 Fort Collins, CO 80522 The City, its officers, agents and employees shall be named as additional insureds on the Service Provider 's general liability and automobile liability insurance policies by marking the appropriate box or adding a statement to this effect on the certificate, for any claims arising out of work performed under this Agreement. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The Service Provider shall maintain during the life of this Agreement for all of the Service Provider's employees engaged in work performed under this agreement. Workers' Compensation & Employer’s Liability insurance shall conform with statutory limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee, or as required by Colorado law. B. General Liability. The Service Provider shall maintain during the life of this Agreement such General Liability as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for General Liability, shall not be less than $1,000,000 combined single limits for bodily injury and property damage. C. Automobile Liability. The Service Provider shall maintain during the life of this Agreement such Automobile Liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for Automobile Liability, shall not be less than $1,000,000 combined single limits for bodily injury and property damage. DocuSign Envelope ID: 23CCD3FE-387F-488A-9142-F1B7E09A51EA Official Purchasing Document Last updated 10/2017 SS2021 – Sustainable Living Association In the event any work is performed by a subcontractor, the Service Provider shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance. DocuSign Envelope ID: 23CCD3FE-387F-488A-9142-F1B7E09A51EA Official Purchasing Document Last updated 10/2017 SS2021 – Sustainable Living Association EXHIBIT C CONFIDENTIALITY IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the “City”) pursuant to this Agreement (the “Agreement”), the Service Provider hereby acknowledges that it has been informed that the City has established policies and procedures with regard to the handling of confidential information and other sensitive materials. In consideration of access to certain information, data and material (hereinafter individually and collectively, regardless of nature, referred to as “information”) that are the property of and/or relate to the City or its employees, customers or suppliers, which access is related to the performance of services that the Service Provider has agreed to perform, the Service Provider hereby acknowledges and agrees as follows: That information that has or will come into its possession or knowledge in connection with the performance of services for the City may be confidential and/or proprietary. The Service Provider agrees to treat as confidential (a) all information that is owned by the City, or that relates to the business of the City, or that is used by the City in carrying on business, and (b) all information that is proprietary to a third party (including but not limited to customers and suppliers of the City). The Service Provider shall not disclose any such information to any person not having a legitimate need-to-know for purposes authorized by the City. Further, the Service Provider shall not use such information to obtain any economic or other benefit for itself, or any third party, except as specifically authorized by the City. The foregoing to the contrary notwithstanding, the Service Provider understands that it shall have no obligation under this Agreement with respect to information and material that (a) becomes generally known to the public by publication or some means other than a breach of duty of this Agreement, or (b) is required by law, regulation or court order to be disclosed, provided that the request for such disclosure is proper and the disclosure does not exceed that which is required. In the event of any disclosure under (b) above, the Service Provider shall furnish a copy of this Agreement to anyone to whom it is required to make such disclosure and shall promptly advise the City in writing of each such disclosure. In the event that the Service Provider ceases to perform services for the City, or the City so requests for any reason, the Service Provider shall promptly return to the City any and all information described hereinabove, including all copies, notes and/or summaries (handwritten or mechanically produced) thereof, in its possession or control or as to which it otherwise has access. The Service Provider understands and agrees that the City’s remedies at law for a breach of the Service Provider’s obligations under this Confidentiality Agreement may be inadequate and that the City shall, in the event of any such breach, be entitled to seek equitable relief (including without limitation preliminary and permanent injunctive relief and specific performance) in addition to all other remedies provided hereunder or available at law. DocuSign Envelope ID: 23CCD3FE-387F-488A-9142-F1B7E09A51EA ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADDL SUBRLTR INSD WVD PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATIONAND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH-STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 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. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 6/14/2021 License # 0757776 (303) 893-0300 (866) 243-0727 10023 Rocky Mountain Sustainable Living Association 201 Linden Street #204 Fort Collins, CO 80524 A 1,000,000 X 2020-17995 8/12/2020 8/12/2021 500,000 20,000 1,000,000 2,000,000 2,000,000 LIQUOR LIABILIT 1,000,000 This space is intentionally left blank CITY OF FORT COLLINS Purchasing Division P.O. Box 580 Fort Collins, CO 80522 ROCKMOU150 KAMUSSEN HUB International Insurance Services (COL)2000 S. 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