HomeMy WebLinkAbout102552 C S U SPONSORED PROGRAMS - CONTRACT - AGREEMENT MISC - CSU SPONSORED PROGRAMSSERVICE AGREEMENT
This Service Agreement ("Agreement") is entered into by and between The Board of Governors of The
Colorado State University System, acting by and through Colorado State University, an institution of
higher education of the State of Colorado, located at Fort Collins, Colorado, 80523-2002 ("University"),
and the Sponsor, City of Fort Collins, Colorado ("Sponsor"), collectively referred to as "Parties" and is
effective January 1, 2012.
PARTIES:
UNIVERSITY:
The Board of Governors of the Colorado State
University System, acting by and through Colorado
State University, an institution of higher education
of the State of Colorado, located at Fort Collins,
Colorado,80523-2002
Sponsored Programs
601 Howes Street Room 408
Fort Collins, CO 80525-2002
SPONSOR:
Full legal name of Sponsor: City of Fort Collins
State of Business Registration: CO
Business Address: P. O. Box 580
City, State, Zip: Fort Collins, CO
RECITALS:
1. University is a comprehensive, land-grant University with experience and resources in a field
of mutual interest between University and Sponsor.
2. Sponsor desires services to be performed in accordance with the Scope of Work (the
"Project") and terms outlined in this Agreement.
3. Performance of such services is consistent, compatible, and beneficial to the academic
role and mission of the University as an institution of higher education.
AGREEMENT:
1. Independent Contractors. It is understood and agreed by the Parties that the University is an
independent contractor with respect to the Sponsor and that this Agreement is not intended and shall not
be construed to create an employer/employee relationship or a joint venture relationship between the
University and the Sponsor. The University shall be free from the direction and control of the Sponsor in
the performance of the University's obligations under this Agreement, except that the Sponsor may
indicate specifications, standards requirements and deliverables for satisfaction of the University's
obligations under this Agreement.
2. Term. This Agreement shall begin on January I, 2012 and shall terminate on May 31, 2012
unless sooner terminated as provided herein or extended by written agreement of the parties.
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committed to studying and implementing community sustainability initiatives. He is
a dedicated bike commuter and die-hard cyclocross racer.
The remaining funding will be used to support an intern at the Regional Economics
Institute, who will help with the literature review, collect data and organize the
database.
Performance Sites/Data Resources
This research is not site specific; rather it uses secondary data to make comparisons
across cities and towns. This is further described in the next section.
Research Plan
Our goal in this research project is to understand the extent to which growth of a
region's creative class depends on the local bike infrastructure and culture. To do so
we will build a family of economic, statistical (econometric) models.
Metropolitan Statistical Areas (MSAs) are our regions of interest. We will conduct
our analysis on 1) all 367 MSAs, 2) the 51 MSAs with more than 1 million residents,
the 52 MSAs with between 500,000 and 1 million residents, 3) those MSAs under
500,000 residents, and 2) the 153 with fewer than 200,000 people. Conducting
analysis on subsets of MSAs may be necessary, as larger ones may differ in
fundamental, yet immeasurable ways, from small and mid -sized ones.
Measuring the Growth of the Creative Class
Our indicators of interest are the net change in the number and proportion of highly
educated and creative workers for each metropolitan area in the US over the period
2000-2010. We will look at two age demographics: 1) all individuals 25+ years of
age, and 2) those 25-34 years old. With respect to creative capacity, we will look at
1) individuals with least a 4=year college degree, and 2) the subset of creative class
workers (based on occupation), as defined by Richard Florida. Data will be drawn
from the US Census Bureau.
Controlling for Local Economic and Social Conditions
Our explanatory variables include several traditional measures used in previous
studies.' These will act as controls, and will consider assorted measures of labor
market conditions (job and wage growth, unemployment), weather (number of
1 Michael Greenwood (1975) provides a good review of the theoretical migration literature
and early empirical studies focusing on labor market conditions. Greenwood and Hunt
(1989) provide a look at the role of climate amenities. Ronald Whisler and co-authors
investigate amenities as a mitigating push -factor for out -migration, but do not specifically
consider cycling.
sunny days, average winter temperature, etc) and social conditions (such as crime)
shown to be important in other migration studies.z Because many college towns are
noted for bicycling, we will include an indicator variable for the presence of a large
university. A thorough review of the literature will likely identify other potential
control variables.
Isolating the Role of Cycling
Although the above factors will provide important insights into many of the labor
market and amenity variables influencing the relative growth of a region's creative
class, the focus is better understanding the role cycling policies and conditions play
in attracting such workers. In particular, we will examine how various cycling
attributes of a community might affect the net growth of highly educated and
creative workers.
Although theory suggests recreation opportunities are important in migration
decisions of creative workers, most evidence is anecdotal. A recent paper by Whisler
et al (2008) addresses this shortcoming. The authors forward a statistical model
looking at assorted factors that may help communities retain creative workers,
concluding "an abundance of cultural and recreational amenities lowers out -
migration rates of young college -educated." However, the authors define recreation
rather broadly, looking at "sheer number of recreation activities; recreation land;
golf, movies, good food per capita."
What is missing from nearly all previous studies are comprehensive and precise
measures of cycling and a region's bicycle culture. Accordingly, a good share of the
research time will be devoted to identifying potential measures of the multiple
dimensions of cycling and collecting and organizing the corresponding data.
Potential explanatory variables of interest include the percentage of workers
commuting by bicycle (American Community Survey), miles of bike trails and center
lanes and designated bike lanes, and the community's designation as a bike friendly
community (League of American Bicyclists)?
Econometric methods
The empirical model will relate changes in the size of a region's creative class to
relevant labor market, amenity and cycling variables. We will initially estimate the
2 Labor market condition data is available from the US Bureau of Labor Statistics. Weather
data is available from the National Oceanic and Atmospheric Agency. Crime data is available
from the FBI's Uniform Crime Statistics dataset.
3 We will reach out to the Bike League for guidance in better measuring the determinants of
"bike friendly." Depending on data availability, potential indicators of bike friendliness
might include the presence of a bike share program (eg, Fort Collins Bike Library), on -street
bike parking in high bike parking demand areas, and the use of innovative bicycle specific
facilities, such as shared lane markings, and bike boxes.
model using ordinary least squares. Standard tests for multicollinearity and
heteroscedasticity will be performed to examine the need to re -specify the model or
adopt alternative estimation techniques. Alternative estimation approaches may
also be explored as the research unfolds.
Policy interpretation
Our primary audience is policy makers. Although we do not propose a traditional
economic impact study, our results can shed light on a critical economic
development issue. When framing our research question and discussing our results
we will carefully describe how our endeavor can offer prescriptions to local
governments pursuing strategies revolving around attracting and retaining creative
workers. Given that we will define several variables regarding different aspects of a
regions cycling environment, our results should lend themselves to fairly detailed
recommendations.
This study provides an initial, overall understanding that the investment in cycling
does or does not have an influence on attracting the young educated workforce.
While the results will be significant to the City of Fort Collins, it is hoped that other
cities, both in Colorado and elsewhere, will use them when planning cycling related
infrastructure and programs.
Start and End Dates
The project is expected to last nearly 5 months. We would like to begin as soon as
possible. (A possible timeframe in January -May 2012).
Research Task Project week(s)
Literature review 1-3
Data collection
4-7
Data analysis
8-11
Writing methods and
results
12-16
Deliver final product
17
Project Budget
Total
Graduate Research
Assistant
$2,500 toward tuition expenses
$4,023 toward GRA stipend
$6,523
Research Assistant
$10 per hour for 90 hours plus 0.9% fringe benefits
$908
Total Indirect Costs
$7,431
Indirect Costs
1 31% of total direct cost base of $7,431
$2,304
Project Total
$9,735
Related Readings
Florida, Richard. 2011. America's Top Cities for Bike Commuting: Happier, Too. The
Atlantic. (www.theatlantic.com/life/archive/2011/06/americas-top-cities-for-bike-
commuting-happier-too/240265/)
Florida, Richard. 2002. The Rise Of The Creative Class: And How It's Transforming
Work, Leisure, Community And Everyday Life. Basic Books.
Glaeser, Edward. 2011. Triumph of the City: How Our Greatest Invention Makes Us
Richer, Smarter, Greener, Healthier, and Happier. Penguin Press.
Greenwood, Michael and Gary Hunt. 1989. "Jobs Versus Amenities in the Analysis of
Metropolitan Migration," Journal of Urban Economics 25(1):1-16.
Greenwood, Michael. 1975. "Research on Internal Migration in the United States: A
Survey," Journal of Economic Literature 13(2):397-433.
Ronald Whisler et al. 2008. "Quality of Life and the Migration of the College -
Educated: A Life -Course Approach," Growth and Change 39(1):58-94.
3. Scope of Work. The University agrees to perform the services activities described in the Project
and made a part hereof as Exhibit A, under the direction and supervision of the University Principal
Investigator and in accordance with any milestones or periodic deliverables specified in Exhibit A. The
Principle Investigator is Dr. Martin Shields of the Department of Economics who will be responsible for
the technical direction of the Project.
4. Payment. The Sponsor agrees to pay the University for the Project performed under this
Agreement in a fixed price amount of Nine Thousand Seven Hundred and Thirty -Five Dollars, ($9,735)
payable fifty percent (50%) or Four Thousand Eight Hundred and Sixty Seven Dollars ($4,867) upon
execution; and fifty percent (50%) or Four Thousand Eight hundred and Sixty -Eight dollars ($4,868)
upon University's submission of all deliverables.
If the Sponsor uses a purchase order or some other source document as a Sponsor method for paying
invoices from the University and the purchase order or source document contains terms and conditions,
those terms and conditions will be null and void and not applicable to this Agreement. The purchase order
or source document is solely an internal Sponsor payment document.
5. Reporting Requirements. The University will provide reports on the progress of the services as
required in the Scope of Work, Exhibit A.
6. Confidentiality.
(a) Parties may have certain documents, data, information, and methodologies that are
confidential and proprietary to that party ("Confidential Information"). During the term of this
Agreement, either party may, as the "Disclosing Party," disclose its Confidential Information to the
other party (the "Recipient"), in writing, visually, or orally. If submitted other than in writing, the
Confidential Information shall be reduced to writing within 30 working days. Recipient shall receive
and use the Confidential Information for the sole purpose of the performance of this Agreement, and
for no other purpose (except as may be specifically authorized by the Disclosing Party, in writing).
Recipient agrees not to make use of the Confidential Information except for services conducted under
this Agreement and agrees not to disclose the Confidential Information to any third party or parties
for a period of three (3) years after the end of this Agreement without the prior written consent of the
Disclosing Party
(b) Recipient shall use reasonable efforts to preserve the confidentiality of the Confidential
Information (using the same or similar protections as it would as if the Confidential Information were
Recipient's own, and in any event, not less than reasonable care). Recipient shall obligate its
affiliates with access to any portion of the Confidential Information to protect the proprietary nature
of the Confidential Information at least to the extent set forth in this Section 6.
(c) "Confidential Information" shall not include, and Recipient shall have no obligation to
refrain from disclosing or using, information which: is generally available to the public at the time of
this Agreement; becomes part of the public domain or publicly known or available by publication or
otherwise, not through any unauthorized act or omission of Recipient; is lawfully disclosed to the
Recipient by third parties without breaching any obligation of non-use or confidentiality; or has been
independently developed by persons in Recipient's employ, as proven with written records, or
otherwise who have no contact with Confidential Information.
(d) In the event that Recipient is required by law to disclose Confidential Information, it will
promptly notify the Disclosing Party, and the Disclosing Party may, at its sole discretion and expense,
initiate legal action to prevent, limit or condition such disclosure.
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(e) Notwithstanding any other provision of this Agreement, a party may retain one copy of
the other parry's Confidential Information in its confidential files, for the sole purpose of establishing
compliance with the terms hereof.
7. Publication. The University, as a state institution of higher education, engages only in activities
that are compatible, consistent, and beneficial to its academic role and mission. Therefore, results of such
activities must be reasonably available for publication and the parties acknowledge that the University
shall have the right to publish results. The University agrees, however, that during the term of this
Agreement and for six (6) months thereafter, the Sponsor shall have forty-five (45) days to review and
comment on any proposed publication. Should Sponsor believe that any part of such publication would
constitute the disclosure of Confidential Information as defined in Paragraph six above or if Sponsor does
not wish to have its name associated with the publication, Sponsor will notify University in writing within
such forty-five (45) day period. University shall remove any Sponsor Confidential Information or remove
the name and/or reference to Sponsor from the publication. The offer to omit Sponsor's name will not
apply if in the reasonable opinion of the University, the publication is necessary to alert the community of
a significant public safety concern or for the protection of one or more members ofthe public.
8. Equipment. Unless otherwise provided in the Scope of Work or in a writing signed by the
parties, all equipment purchased with funds provided under this Agreement for use in connection with this
Agreement shall be the property of the University, and shall be dedicated to providing services under this
Agreement while this Agreement is in effect.
9. Liability; Insurance. Each party hereto agrees to be responsible for its own wrongful or
negligent acts or omissions, or those of its officers, agents, or employees to the fill extent allowed by law.
Liability of the University is at all times herein strictly limited and controlled by the provisions of the
Colorado government Immunity Act, C.R.S. §§ 24-10-101, et seq. as now or hereafter amended. Nothing
in this Agreement shall be construed as a waiver of the protections of said Act. Each Party represents and
warrants that it maintains comprehensive general liability insurance and all coverages required by law
sufficient for the purpose of carrying out the duties and obligations arising under this Agreement. A party
will furnish the other party a certificate evidencing such insurance upon written request.
10. Exclusive Warranty; Disclaimer. University warrants that all deliverables provided under this
Agreement will be provided substantially in accordance with the Scope of Work and/or written protocol
provided by Sponsor. Service results, deliverables, reports, IP disclosures and IP provided by University
are provided strictly "as -is" without any other warranty or guaranty of any kind. All other warranties,
express and implied, are hereby expressly disclaimed INCLUDING WARRANTIES OF
MERCHANTABHdTY AND FITNESS FOR A PARTICULAR PURPOSE. University shall not be
liable for any indirect, special, incidental, consequential or punitive loss or damage of any kind, including
but not limited to lost profits (regardless of whether or not University knows or should know of the
possibility of such loss or damages). The liability of either party under this Agreement shall not exceed
the amount paid or payable to the University under this Agreement.
11. Use of Tradenames and Service Marks. Neither party obtains by this Agreement any right,
title, or interest in, or any right to reproduce or to use for any purpose, the name, tradenames, trade- or
service marks, or logos (the "Marks"), or the copyrights of the other party. Neither party will include the
name of the other party or of any employee of that party in any advertising, sales promotion, or other
publicity matter without the prior written approval of that other party. In the case of the University, prior
written approval is required from the University Vice President for Research. In the case of the Sponsor,
prior written approval is required from an authorized representative of the Sponsor.
12. Termination. Either party may terminate this Agreement, without cause, upon not less than sixty
(60) days' written notice, given in accordance with the Notice provisions of this Agreement. Termination
of this Agreement shall not relieve a party from its obligations incurred prior to the termination date.
Upon termination of this fixed price Agreement, the Sponsor will pay a pro rata share of the
Agreement. This will be calculated by adding the start up costs plus the remaining amount of the
budget divided by the number of days the Agreement was in force including the 60 days after the
termination notice.
14. Default. A party will be considered in default of its obligations under this Agreement if such
party should fail to observe, to comply with, or to perform any term, condition, or covenant contained in
this Agreement and such failure continues for thirty (30) days after the non -defaulting party gives the
defaulting party written notice thereof. In the event of default, the non -defaulting party, upon written
notice to the defaulting party, may terminate this Agreement as of the date specified in the notice, and
may seek such other and further relief as may be provided by law. Notwithstanding the foregoing, in the
event of a breach or threatened breach of paragraph 6 of this Agreement, the non -defaulting party may
terminate the Agreement immediately without affording the defaulting party the opportunity to cure, and
may seek an injunction or restraining order as required to prevent unauthorized disclosures of
Confidential Information or unauthorized use of its Marks or copyrights.
15. Notices. All notices and other correspondence related to this Agreement shall be in writing and
shall be effective when delivered by: (i) certified mail with return receipt, (ii) hand delivery with
signature or delivery receipt provided by a third party courier service (such as FedEx, UPS, etc.), (iii) fax
transmission if verification of receipt is obtained, or (iv) email with return receipt, to the designated
representative of the party as indicated below. A party may change its designated representative for notice
purposes at any time by written notice to the other party. The initial representatives of the parties are as
follows:
University:
Vincent a. Bogdanski
Sponsored Programs
408 University Services Center
601 So. Howes Street
Colorado State University
Fort Collins, CO 80523-2002
Telephone: (970) 491-5574
E-mail: bo.bogdanski@colostate.edu
Sponsor:
Purchasing Division
City of Fort Collins
P. O. Box 580
Fort Collins, CO 80522
Telephone: (970) 221-6775
Fax: (970) 221-6707
16. Legal Authority. Each party to this Agreement warrants that it possesses the legal authority to
enter into this Agreement and that it has taken all actions required by its procedures, bylaws, and/or
applicable law to exercise that authority, and to lawfully authorize its undersigned signatory to execute
this Agreement and to bind it to its terms. The person(s) executing this agreement on behalf of a party
warrant(s) that such person(s) have full authorization to execute this Agreement. This Agreement shall
not be binding upon Colorado State University, its governing board or the State of Colorado unless signed
by the University Vice -President for Research or his/her authorized delegate.
17. Entire Agreement; Changes and Amendments. This Agreement constitutes the entire
agreement between the parties, and supersedes any previous contracts, understandings, or agreements of
the parties, whether verbal or written, concerning the subject matter of this Agreement. No amendment to
this Agreement shall be valid unless it is made in a writing signed by the authorized representatives of the
parties.
18. Governing Law, Jurisdiction and Venue. Each party agrees to comply with all applicable
federal, state and local laws, codes, regulations, rules, and orders in the performance of this Agreement.
This Agreement shall be governed by and construed under the laws of the State of Colorado. Any claim
arising under this Agreement shall be filed and tried in a court of competent jurisdiction in the City and
County of Denver, State of Colorado.
19. Assignment. This Agreement shall not be assigned without the prior written consent of the other
party, which consent shall not be unreasonably withheld or delayed, provided however, such consent shall
not be required in the case of a sale or transfer to a third party of all or substantially all of a Party's
business. Subject to the foregoing, this Agreement shall inure to the benefit of and be binding on the
successors and permitted assigns of the parties.
20. Export of Technology. It is understood that University and Sponsor are subject to United States
laws and regulations controlling the export of technical data, computer software, laboratory prototypes
and other commodities, and that obligations hereunder are contingent on compliance with applicable U.S.
export laws and regulations (including the Arms Export Control Act, as amended, and the Export
Administration Act of 1979). The transfer of certain technical data and commodities may require a
license from the cognizant agency of the United States Government and/or written assurances that such
data or commodities will not be exported to certain foreign countries without prior approval of the
cognizant government agency. Sponsor and University agree to cooperate in securing any license which
the cognizant agency deems necessary in connection with this Agreement. Sponsor shall notify University
if any data or materials to be supplied to University by Sponsor are subject to export control license
requirements or are listed under export control regulations.
21. Waiver and Severability. No waiver of any breach of any provision of this Agreement shall
operate as a waiver of any other or subsequent breach thereof or of the provision itself, or of any other
provision. No provision of this Agreement shall be deemed to have been waived unless such waiver is in
writing and signed by the party waiving the same, with the signature on behalf of University being that of
a vice president of University. If any provision of this Agreement is determined to be invalid or
unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision
or part thereof and the remaining part of such provision and all other provisions hereof shall continue in
full force and effect.
22. Conflict of Interest. Except as set forth herein, Sponsor certifies that no officer, employee,
student or agent of University has been employed, retained, or paid a fee, or has otherwise received or
will receive during the term of this Agreement any personal compensation or consideration by or from
Sponsor or any of Sponsor's directors, officers, employees, or agents in connection with the obtaining,
arranging, negotiation or conducting of this Agreement without advance, written notification to the
University.
23. Headings. Paragraph headings are for reference and convenience only and shall not be
determinative of the meaning or the interpretation of the language of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement the day and year written below.
The Board of Governors of the Colorado
State University System, acting by and
through Colorado State University:
YBy
'� j
Printed Name: David Doty
Title: Associate Director, Sponsored Programs
Date: Dec 22, 2011
City of Fort Collins
By: -
Pri Name: James B. O'Neill II, FNIGP,
CPPO
Title: Director of Purchasing and Risk
Management
Date:
ON
EXHD3IT A TO SERVICE AGREEMENT
DETAILED DESCRIPTION:
Scope of Work
page I
Do Bike Friendly Communities Attract and Retain Creative Workers?
Assessing Cycling's Economic Impact Through Household Location Choices of
Highly Educated Workers
Creative class people value active outdoor recreation very highly. They
are drawn to places and communities where many outdoor activities
are prevalent ---both because they enjoy these activities and because
their presence is seen as a signal that the place is amenable to the
broader creative lifestyle.
Richard Florida 2002 in Washington Monthly
Project Description
In his book The Rise of the Creative Class, Richard Florida writes that a community's
economic vitality in the new economy depends largely on its ability to attract young,
creative workers. Florida argues that such individuals are critical to innovation and
idea generation and help foster a dynamic and entrepreneurial economic climate.
Accordingly, Florida argues that growing the "creative class" is a critical component
of any comprehensive economic development strategy.
Central to Florida's work is his observation that such workers are highly mobile.
With a strong national demand for their skill sets, they confront a wide choice of
possible destinations, each providing ample economic opportunity. In such
instances, Florida argues, creative individuals will choose the most desirable place
to live.
Economists and demographers are among the many that have long understood that
the prevalence of good paying jobs is an important reason why people move into a
region. Conversely, researchers have also quantified the extent to which dis-
amenities--such as high crime and bad weather --can drive people out of regions.
Florida's work is innovative in that he identifies the key demographic segment for
economic prosperity (i.e., the creative class), and then describes the factors that
most greatly influence their migration decisions. His main point is that lifestyle
choices are as important as economic opportunities. He concludes that cities and
towns can best attract creative workers by fostering tolerance and providing a
variety of "Bohemian amenities," which can include a vibrant nightlife, cultural
centers and events, and recreational opportunities.
Anecdotal evidence suggests that a strong bike culture is one such amenity that can
help communities attract and retain creative workers. For example, the computer
chip design industry is an important driver of the Fort Collins economy, and
interviews with company leaders indicate that many of their workers are also active
cyclists who moved to the city in part because of its "bike friendly culture."
In this research project we propose to formally test the hypothesis that bike -
friendly communities attract and retain creative workers. With an eye toward public
policy, our goal is to better understand the potential for improvements in bicycle
infrastructure to help with local and regional economic development efforts.
Although this project does not propose to directly measure the economic impact of
cycling, this initiative will provide insight into factors (i.e., human capital
accumulation) that profoundly impact regional economic competitiveness, both in
the short- and long -run. In essence, our work may help communities build more
dynamic economies, with long-lasting and self -reinforcing impacts.
We will share our results through several channels. First, we will provide the City of
Fort Collins with a research report that defines the research problem, outlines study
methods, describes key results, and offers policy recommendations. The report will
be written so that it is accessible to policy audiences. A supplemental executive
summary and powerpoint will also be provided.
Second, our project team works closely with the Bike Coordinator for the City of
Fort Collins, and we will share results with the City through this partnership. The
project is especially timely for Fort Collins given the City council is currently
undertaking a long-term budgeting and planning effort, with transportation and
economic development critical components of the initiative.
Third, we will submit our findings to an academic journal that focuses on economic
development and transportation issues in the United States.
Personnel
The research project will be led by Dr. Martin Shields, professor of economics at
Colorado State University, and director of CSU's Regional Economics Institute.
Professor Shields earned his PhD at the University of Wisconsin -Madison in 1998,
and has extensively researched and published on issues related to migration and
economic growth, especially in small and mid -sized US cities. His role will include
directing the project team in developing both the theoretical and empirical
frameworks and interpreting the results. Funding is not requested for Dr. Shields'
effort.
Most of the funding provided by the City of Fort Collins will be used to support a
one -semester graduate research assistance stipend for Jake Salcone, a master's
candidate in resource economics at CSU. He will be responsible for reviewing the
literature, providing leadership on collecting and organizing data, estimating
statistical models and interpreting and writing the final report. Jake has a B.A. in
International Sustainable Development from the University of California, Santa Cruz.
He has conducted community development research in California and Bolivia. He
came to Fort Collins by way of Portland, Oregon where he worked in the energy
efficiency sector before joining the Rural Community Assistance Corporation, which
helps rural communities with infrastructure planning and development. Jake is