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HomeMy WebLinkAbout130469 THE BRENDLE GROUP INC - CONTRACT - RFP - 7517 CLIMATE CHANGE ADAPTATION PLANNING FACILITATIPROFESSIONAL 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 The Brendle Group, Inc., hereinafter referred to as "Professional". 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 Professional agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of nine (9) pages, and incorporated herein by this reference. Irrespective of references in Exhibit A to certain named third parties, Professional shall be solely responsible for performance of all duties hereunder. 2. The Work Schedule. The services to be performed pursuant to this Agreement shall be performed in accordance with the Work Schedule attached hereto as Exhibit "B", consisting of one (1) page, and incorporated_ herein by this reference. 3. Contract Period. This Agreement shall commence upon the date of execution shown on the signature page of this Agreement and shall continue in full force and effect until March 1, 2014, unless sooner terminated as herein provided. 4. Early Termination by City.. 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 Professional. Such notice shall be delivered at least.fifteen (15) 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 mailed, postage prepaid Professional Services Agreement 7517 Climate Change Adaptation Planning Facilitation Page 1 of 21 M • An Excel -based risk and vulnerability assessment summary matrix for each department that participates in the workshop as well'as guidelines for how to develop a similar matrix for future identified risks and other City departments; • An Excel -based framework/tool for integrating adaptation into short-term and long-term decision making, populated for sample solutions/projects identified by participating departments; , • A summary Word document of the project and process, and a narrative framework for City as a whole to use for future efforts; and • All documents and notes from facilitated workshops (PowerPoint slide decks, notes in Word/PDF). 3. Recommended steps for outlining how departments should integrate information about risks and vulnerabilities into short-term and long-term decision -making processes. • Based on what is learned recommend practical iterative steps for integrating information about climate change into departmental decision -making processes and assisting departments to adapt. Including: — Recommendations for a design for an on -going process for integrating existing and emerging information and data about climate change into departmental decision -making processes and assisting departments to adapt to anticipated impacts. Include in design recommendations for staffing, decision processes and procedures; — Identify major decisions (planning, infrastructure investment, development, etc.) considered by departments where the identified risks should be taken into account. A complementary approach to on -going asset management planning would be helpful; • For those risks classified as high probability and potential impacts, assist staff to brainstorm adaptation solutions, classify solutions based upon set criteria that include how well they preserve flexibility (low or no regrets, project phasing, etc.), cost flexibility and whether they are climate neutral or climate beneficial (rather than climate adverse). ORGANIZATION CHART AND PROPOSED PROJECT TEAM The following organizational chart shows Professional's proposed team organization and individual task leads. Overall, Brendle Group's Becky Fedak will serve as Project Manager, with Executive Manager oversight by Judy Dorsey. Task leadership will be delegated to Brendle Group and Geos Institute as shown. Professional Services Agreement 7517 Climate Change Adaptation Planning Facilitation Page 10 of 21 Task 1: Kickoff Becky Fedak, Task Lead Methods and Approach: City of Fort Collins Brendle Group Judy Dorsey, PE, CEM, LEED-AP Executive Project Manager Becky Fedak, P.E. Task 2: Risk and - Vulnerability Assessment Mami Koopman, Task Lead; Judy Dorsey, Facilitation; Jessica Leonard, Support Task 3: Goals and Strategies Becky Fedak, Task Lead; Judy Dorsey, Facilitation; Patrick Flynn & Mami Koopman, Support Task 4: Decision - making Framework Becky Fedak, Task Lead; Patrick Flynn, Support Professional proposes to implement a process,. based on four primary steps, to assist nine municipal departments in planning for climate change with the intent that the framework developed could also be applied across all city departments and used by regional partners. It will build on — rather than replicate — past efforts by Fort Collins Utilities to compile the science. of climate change and what it means to Fort Collins, focusing on the five. possible scenarios already explored for the City. From here, Professional's team effort will be focused on what such scenarios actually mean for vulnerability and risk for each participating department - and how they can best prepare and respond with a set of goals, strategies, and decision -making steps. For each task below, Professional also defines task deliverables and outline our assumptions and expectations for staff interaction. Task 1: Project Kickoff The first step in the project will be to convene a project kickoff meeting to introduce team members and roles, discuss goals and expectations, and outline a timeline and deliverables for the project. During the project kickoff Professional will also refine our plan for proposed facilitatedworkshops to ensure the appropriate departments and regional external stakeholders are included to provide a good cross-section of participants. For example, one department Professional would recommend adding to the list provided would be Communications; knowing Professional Services Agreement 7517 Climate Change Adaptation Planning Facilitation Page 11 of 21 the important role they played during last summer's fire season. Finally, as part of this task Professional will also compile and review data and information on climate adaptation work done by the City to date to leverage that work and ensure we are not duplicating effort. Task Deliverables: Meeting agenda and notes, list of data and information, draft and final workshop plan. City Staff Interaction/Responsibilities: Provide existing data and documentation, participate in kickoff meeting, provide input on plan for workshops. Task 2:'Risk and Vulnerability Assessment by Department After strong cross -sector participants have been identified as part of Task 1, Task 2 will focus on department -specific risk and vulnerability assessments. Professional's proposed approach for vulnerability assessments starts by assessing three main potentlallmpact components of vulnerability - exposure, sensitivity, and adaptive capacityl. Through a facilitated, day -long workshop format (Workshop 1) Professional will work with { participants to identify priority resources, localities, populations, and systems to their individual departments and then populate a matrix of the exposure, sensitivity, and VULNERABILITY adaptive capacity for each (Table 1). Professional will look to previous adaptation work conducted by the City as well as information and resources from local experts to inform the process. Vulnerability rankings will be developed to aid in prioritization of adaptation actions. The Geos Institute, as part of Professional's project team, has conducted vulnerability assessments for numerous communities following a process that incorporates best available climate science; supporting research; expert input; and local knowledge, values, and goals. Trained in vulnerability assessment through the National Conservation Training Center, the Geos Institute has also trained others (U.S. Forest Service resource planners, for example) and led numerous assessments. Of particular value is their cross -sector approach that determines not only what the direct vulnerabilities are, but also what the indirect vulnerabilities might be based impacts and actions in some sectors that affect resources and populations in other sectors. Professional's team approach to the vulnerability analysis is described in more detail below. Exposure — In order to assess exposure, Professional will compile a science assessment that builds on what Fort Collins Utilities has already compiled as part of their adaptation planning effort, but that also further outlines any other climate change projections and relevant secondary impacts that have emerged since that project. Professional will provide supplemental 1 Glick, P., B. Stein, and N. A. Edelson, Editors. 2011. Scanning the Conservation Horizon: A Guide to Climate Change Vulnerability Assessment. National Wildlife Federation, Washington D.C. . Professional Services Agreement 7517 Climate Change Adaptation Planning Facilitation Page 12 of 21 maps and graphs for such variables as temperature, precipitation, snowpack, hydrology, vegetation, wildfire, and others, as needed. Based on the model projections for mid- and late - century, Professional will update as needed future scenarios that represent potential future conditions, building off of the scenario planning and analysis completed by and for Fort Collins Utilities. During the workshop, Professional will have leading climate scientists on hand to provide additional information and answer questions about exposure. This is especially helpful in moving non-scientists past issues of uncertainty so they can begin to make informed decisions. Sensitivity — Professional's assessment of sensitivity will consider how different resources, populations, or systems will respond to expected impacts. In addition, we will consider the contribution from other stressors or trends to this response. For instance, Fort Collins Parks may need to consider how its parks and natural areas will respond to increases in wildfire potential. In addition,'they will need to assess the contribution of other stressors in contributing to the overall level of sensitivity: Finally, how those stressors might change, or what new stressors might emerge based on climate change should be included in considerations. Adaptive Capacity — Some resources, populations, or systems have more capacity to adapt to change than others, and this contributes to their overall level of vulnerability. For instance, water users in Los Angeles have shown great adaptive capacity over time to increasingly scarce water supplies, as users change their landscaping and water use behaviors to accommodate changes in water pricing. People living in fire prone areas - an issue that is applicable to Fort Collins - can adapt by managing vegetation and roofing materials. Other populations, such as low-income populations may have lower adaptive capacity in the face of climate change due to limited resources. They often lack vehicles for evacuation or lack funds for housing updates. Language barriers can create a lag in response. Overall Vulnerability and Ranking — During Workshop 1 Professional will guide participating. City departments to assign a weight for each of the three components of vulnerability, ranking each resource, population, or system of interest on a scale from 1-5 (1 is least vulnerable, least . sensitive, or greatest adaptive capacity). Scores are additive, but can be adjusted based on expert input about local values, importance of success, or other factors. Together, the workshop participants will develop a list of prioritized resources, populations, or systems based on their overall vulnerability. Some groups choose to focus on those with highest vulnerabilities for implementing adaptation strategies, but others have prioritized those with medium vulnerability, instead choosing to maximize the potential for success. Table 1 provides an example of what such a vulnerability matrix may look like- for this project, such matrices will be customized to each department. Dynamic Workshop Facilitation Process: Professional has extensive experience facilitating planning workshops for a variety of audiences and will be able to clearly and effectively translate climate data and trends to the layperson and gather the necessary information to inform the adaptation planning process. Tools may include brainstorming techniques, keypad polling, or other tactics. In this first workshop Professional proposes a general structure that would include a facilitated whole group exercise on what we mean by risks and vulnerabilities. From there, break out groups - in a department and cross -department format - will be used to help each group self - identify their relevant risks and vulnerabilities. Professional Services Agreement 7517 Climate Change Adaptation Planning Facilitation Page 13 of 21 Table 1. Example Matrix Structure Used for Vulnerability Assessment Across Sectors2 RESOURCE OR TRENDS EXPOSURE SENSITIVITY ADAPTIVE POPULATION CAPACITY Local. Loss of water Medium in areas Some crops Farmers. with agriculture that availability due with irrigation more sensitive access to new supplies to changes in than others (fruit technology, and farmers precipitation and trees) resources have markets higher greater adaptive Task Deliverables: • Facilitated Workshop 1: PowerPoint slide deck, notes, and facilitation materials. • An Excel -based risk and vulnerability assessment summary matrix for each department that participates in the workshop as well as guidelines for how to develop a similar matrix for future identified risks and other City departments City StaffInteraction/Responsibilities: Participate in workshops, City project manager to help arrange meeting locations and facilities and review and approve workshop materials in advance. Task 3: Preparedness Goals and Adaptation Solutions As part of this task Professional's team will - through a facilitated process in a proposed Workshop 2 - establish preparedness goals and screening criteria to help City departments in selection of adaptation strategies and identification of specific strategies for the key vulnerabilities identified as part of Task 2. Using the Professional team's extensive experience working with diverse entities on goal setting, Professional will work with City departments and external stakeholders to identify goals 2 Resources and populations are hypothetical examples only — workshop participants will fill in the matrix during breakout sessions. Additional information on wherethowlwhen specific local resources are impacted is collected so that targeted adaptation strategies can be developed and mapped, preparing the community for implementation. Professional Services Agreement 7517 Climate Change Adaptation Planning Facilitation Page 14 of 21 that reflect local circumstances and local priorities. Then, focusing on the key vulnerabilities identified in Task 2 and informed by the goals identified, in Workshop 2 we will guide City staff through a brainstorming exercise to develop a list of adaptation strategies/solutions. Professional will leverage our experience with other municipalities to develop a preliminary list of solutions and also gather input from the workshop participants to develop a comprehensive list of adaptation solutions for each of the key vulnerabilities identified for City departments. Important components of this process will be (1) working with City staff to review existing plans to determine how they may already be addressing climate change adaptation, (2) evaluating existing activities that may be reducing the City's resilience, and (3) identifying opportunities where climate adaptation could be easily integrated into existing efforts. As part of this effort to align with existing plans, Professional will also leverage our team's experience and familiarity with the City of Fort Collins' Climate Action Plan update and social sustainability gap analysis efforts. For example, as shown by the example Venn Diagram from our work with another community, several climate planning strategies serve both adaptation and mitigation purposes and we will utilize our extensive knowledge of the City's Climate Action Plan to identify these commonalities. Additionally, many climate planning strategies (support of vulnerable populations, health and local food initiatives, and outreach and education activities, as a few examples) have a social sustainability component and will link well with the City's recent initiatives in this space. / MITIGATION ADAPTATION • Energy efficiency and •,Vulnerabllityiasses3me • Eomposting' conservation 's Urban Trees Support commu, Accessible energy data - - lm'S , ad Inv . Hfa,t • Office and neighborhood building challenges • Install small and large renewable energy projects • Procure renewable electricity generation • Fuel switching for district heating and cooling systems • Efficient vehicles, reduced \,idling, and alternative fueluse \\ •.Make biking and walking • infrastructure, n .•_ .. • comgletezand Green Streets; ' Local food and urban'agriculture • Green zoning and land use codes • Green building codes_and:incentives; Innovative'financing to,fun&CAP actions • Outreach,and'education Climate Action Community Toolkit • Water efficlencyand conservation Waste reduction and diversion and carpooling ast in public transit R, Stormwatcrmanagement plan and npanan"setbacbioning •Sustainatileand right -sized, iinFrastructure tmpro'vements • Utility burial for street%traffic • Emergencytresponse planning and coordination that considers: projected climate impacts• Healthy Cleveland initiative" cnools resilience. - w,00fs •Permeable- '. Pavement%Concrete' _ Professional Services Agreement 7517 Climate Change Adaptation Planning FacilitationPage 15 of 21 While the ultimate adaptation actions will be determined through a facilitated process, potential adaptation solutions that could be considered for departments that are likely to participate include: • Planning — Incorporate climate change considerations into all City planning projects, updates to City Plan, neighborhood and corridor plans • Parks — Mitigate and anticipate climate impacts to parks, natural areas, and recreational facilities; develop wildfire rapid response plans • . Forestry — Increase urban tree canopy to reduce urban heat island effect • Streets — Minimize impacts to roads from increased heat and flooding, considering road surface materials and bridges and overpasses of streams • Economic Health — Diversify the local economy to protect against climate impacts that affect some industries more than other • Poudre Fire Authority — Develop plans to reduce wildfire risk in wildland-urban interface areas, including fire -wise landscaping and changing building codes in the WUI; develop responses to heat -related health impacts to vulnerable populations (e.g., growing elderly population) • Police Services — Prepare for potential of increased public disturbances during extreme (heat, flooding) events by increasing number of volunteers and expanding communications networks After a list of adaptation solutions has been developed by workshop participants, Professional's team will develop a qualitative evaluation framework with a.number of decision criteria to help classify and prioritize solutions. The selection criteria will be determined with input from City staff; however, the list below outlines potential evaluation criteria that may be applicable: • Alignment with existing priorities; • Approximate timeframe required to implement action; • Level of effort required by staff to implement action; • Political feasibility as measured by the degree of political support for an action; • Technical feasibility; • Range of implementation costs; • Existing funding sources; • Climate mitigation co -benefits; and • Other co -benefits, such as job creation and other social equity benefits. Finally, Professional will also gather input from each department on how to integrate these adaptation solutions into their current processes. Through an organizational assessment we are able to identify capacity for plan implementation as well as governance/organizational opportunities and barriers. Understanding where and how decisions are made and how adaptation relates to the City's Budgeting for Outcomes process, staffing, operations and maintenance, capital planning, and other functions will allow Professional to better develop a framework that can be used by the City moving forward for adaptation planning. Professional Services Agreement 7517 Climate Change Adaptation Planning Facilitation Page 16 of 21 Professional has evaluated over 100 different climate mitigation strategies as part of its support for the Fort Collins Climate Task Force and development of the City's Climate Action Plan. Additionally, Geos Institute, as part of Professional's team, has extensive experience identifying adaptation solutions for various entities and can provide perspective on national best practices in this space. This combination of experience in strategy identification and evaluation along with our familiarity of the City's operations will ensure successful completion of this task. Task Deliverables: • Facilitated Workshop 2: PowerPoint slide deck, notes, and facilitation materials. • Documented goals by department. • Documented decision criteria to apply to current and future strategies/solutions. • A list of prioritized strategies/solutions by department. City Staff Interaction/Responsibilities: Participate in workshops, City project manager to help arrange meeting locations and facilities and review and approve workshop materials in advance. Task 4: Framework to Incorporate into Decision Making Processes As part of this task Professional's team will document the entire project process and develop a framework for the City to use in future planning efforts to ensure climate adaptation is integrated at the.appropriate places in the planning process. The framework will include suggested triggers at major decision points in the City's operations to prompt action as well as an outline of what steps to take to incorporate adaptation into the decision making process, staff members that need to be involved, and any associated costs to consider. More specifically the planning framework will include: 1. Guidance on how to fold in new information on risks and vulnerabilities 2. Decision/screening criteria that departments can apply for adaptation strategies 3. Recommendations for how to address adaptation in new plans, existing plans, maintenance and operation practices, staff training, budgeting Professional will also identify how this framework can best be integrated with other sustainability and planning frameworks and tools the City currently uses or is planning to develop, such as the Triple Bottom Line Framework currently being developed by the City. Task Deliverables: • An Excel -based framework/tool for integrating adaptation into short-term and long-term decision making, populated for sample solutions/projects identified by participating departments • A summary Word document of the project and process, and a narrative framework for City as a whole to use for future efforts • AePowerPoint with summarizing slides that could.be used for outreach to key stakeholders including City Council, Boards, etc. City Staff Interaction/Responsibilities: • Review draft and final material Professional Services Agreement 7517 Climate Change Adaptation Planning Facilitation Page 17 of 21 EXHIBIT B WORK SCHEDULE ESTIMATED HOURS BY TASK TASK ESTIMATED HOURS Task1'Pr6jectKickoff w 34 Task 2: Risk and Vulnerability Assessment by Department 238 Task�w'P�e aredness Goals and `Ada tation'Soldtions '. -' 154 Task 5: Framework to Incorporate into Decision Making Processes 64 TOTAL HOURS 490 PROPOSED SCHEDULE (FROM RFP)* Task 1 Project Kickoff 'Kickoff Meeting Task 2. Risk and Vulnerability *Workshop ; Assessment by Department `x 3. Preparedness Goalsworkshop M f 1Task ,.an'd.Adaptation Solutions Task 4. Framework to Incorporate into Decision x „`,,r x` Making Processes *Note: At time contract was drafted; date project to be completed by has been moved to December 31, 2013 (see Exhibit A Scope of Work). Project Kickoff will occur mid -August 2013. Professional Services Agreement 7517 Climate Change Adaptation Planning Facilitation Page 18 of 21 EXHIBIT C SCHEDULES OF RATES AND COST BY TASK TASK COST .Task 1. Project Kickoff Task 2. Risk and Vulnerability Assessment by Department $17,159 Task 3. Preparedness -Goals and.Adaptatio'nSolutions ` . $14,'895ix Task 4. Framework to Incorporate into Decision Making Processes $6,636J TOTAL TITLE RATE 'PrincipalEn ineer:Brendle..G`rou $1T62`�Y':�" Senior Engineer-, Brendle Group $135 Senior Pro ram Manager, Brendle Grou $100' Engineer II, Brendle Group $90 Engineer 1, Brendle Group $78 Engineer Intern, Brendle Group $50 Technical Editing ,Brendle Grou' :; $78".. Administrative, Brendle Group $50 Climate Change Scientist, Geos Institute '' $62 '" i Spatial Analyst, Geos Institute $45 Professional Services Agreement 7517 Climate Change Adaptation Planning Facilitation Page 19 of 21 and sent to the following addresses: Professional: The Brendle Group, Inc. Attn: Judy Dorsey, P.E., LEED- AP, CEM, President 212 West Mulberry Street Fort Collins, CO 80521 JDorsey(cDBrendleGroup.com City: City of Fort Collins Attn: Katherine (Katy) Bigner, Environmental Planner PO Box 580 Fort Collins, CO 80522 Copy to: City of Fort Collins Attn: Purchasing Dept. PO Box 580 Fort Collins, CO 80522 In the event of any such early termination by the City, the Professional shall be paid for services rendered prior to the date of termination, subject only to the satisfactory performance of the Professional's obligations under this Agreement. Such payment shall be the Professional's sole right and remedy for such termination. 5. Design, Project Indemnity and Insurance Responsibility. The Professional shall be responsible for the professional quality, technical accuracy, timely completion and the coordination of all services rendered by the Professional, including but not limited to designs, plans, reports, specifications, and drawings and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. The Professional shall indemnify, save and hold harmless the City, its officers and employees in accordance with Colorado law, from all damages whatsoever claimed by third parties against the City; and for the City's costs and reasonable attorneys fees, arising directly or indirectly out of the Professional's negligent performance of any of the services furnished under this Agreement. The Professional shall maintain commercial general liability insurance in the amount of $500,000 combined single limits and errors and omissions insurance in the amount of $1,000,000, in accordance with Exhibit D, consisting of one (1) page, attached hereto and incorporated herein. 6. Compensation. In consideration of the services to be performed pursuant to this Agreement, the City agrees to pay Professional a fixed fee where all such fees and costs shall not exceed Forty -Two Thousand Two Hundred Seventy Dollars ($42,270.00), as Professional Services Agreement 7517 Climate Change Adaptation Planning Facilitation Page 2 of 21 EXHIBIT D INSURANCE REQUIREMENTS The Professional 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 Professional shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement: "The insurance evidenced by this Certificate will not be cancelled or materially altered, except after ten (10) days written notice has been received by the City of Fort Collins." 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 Professional, 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 Professional under this Agreement. The City, its officers, agents and employees shall be named as additional insureds on the Professional 's general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement. 2. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The Professional shall maintain during the life of this Agreement for all of the Professional's employees engaged in work performed under this agreement: Workers' Compensation insurance with statutory limits as required by Colorado law. 2. Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee. B. Commercial General & Vehicle Liability. The Professional shall maintain during the life of this Agreement such commercial general liability and 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 each coverage, Commercial General and Vehicle, shall not be less than $500,000 combined single limits for bodily injury and property damage. In the event any work is performed by a subcontractor, the Professional 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. Professional Services Agreement 7517 Climate Change Adaptation Planning Facilitation Page 20 of 21 EXHIBIT E CONFIDENTIALITY IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the "City") pursuant to this Agreement (the "Agreement"), the Professional 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 Professional has agreed to perform, the Professional 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 Professional 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 Professional shall not disclose any such information to any person not having a legitimate need -to -know for purposes authorized by the City. Further, the Professional 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 Professional 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 Professional 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 Professional ceases to perform services for the City, or the City so requests for any reason, the Professional 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 Professional understands and agrees that the City's remedies at law for a breach of the Professional'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. Professional Services Agreement 7517 Climate Change Adaptation Planning Facilitation Page 21 of 21 CFTY OF FORT COLLINS PURiCKASING ' ,w w co rrf .ro pEasouota ca ucueeracans UPMO&W A7TN: ED neTE Ttc�ac:, ntc .craw: tvsu4rn r,>u ,c� ac Men � loan v�rscw 215 K MASON Eixfl4c w µxcu a wren"w TJ f %.M Our rmtune TO Co 30 PULL FORT COLUNS,_:CO 80524 MiM* E Rio Cmnj hnM Wa LtASt lTr cs ,kvr 17+D tpdm Tpici wim " "MUT3 CA j RPTSY APODACA, LSAS ACORD 25IM Csp i AcoR�® CERTIFICATE OF LIABILITY INSURANCE M/DDYYVY) 8/19/209/2013 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 INSURERS), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must 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 endorsements . PRODUCER NAME: Van Stone Van Gilder Insurance Corp. 1515 Wynkoop, Suite 200 Denver CO 80202 P"c°N E.30 - 7- n/c Ne: 3-8 1-5295 E-MAIL ADDREss: n v iC. om INSURERS AFFORDING COVERAGE NAIC # INSURER A:Travelers Casualty& Surety INSURED BREGROI INSURER B: INSURER C: The Brendle Group, Inc 212 West Mulberry Street Fort Collins CO 80521-2814 INSURERD: INSURER E: INSURER F : COVERAGES CERTIFICATE NUMBER: 259467904 REVISION NUMBER: 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. INSR LTR TYPE OF INSURANCE ADDL INSR UBR WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DDfYYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY DAMAGE PREMISES Ea occurrence $ CLAIMS -MADE F-IOCCUR MED EXP (Any one person) $ PERSONAL& ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMP/OP AGG $ POLICY PRO E LOC $ AUTOMOBILE LIABILITY Ea accident BODILY INJURY (Per person) $ ANYAUTO ALL OWNED SCHETOSDULED AUTOS AU BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS PROPERTYDAMAGE Per accident $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAR CLAIMS -MADE DED RETENTION $ $ WORKERS COMPENSATION - WC STATU- I OTH- AND EMPLOYERS' LIABILITY Y / NDRY LIM EB- E.L. EACH ACCIDENT $ ANY PROPRIETOR/PARTNERIEXECUTIVE OFFICER/MEMBER EXCLUDED? N /A E.L. DISEASE - EA EMPLOYE $ (Mandatory in NH) If yes, describe under E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS below A Professional Liability Claims Made 105867662 12/1/2012 2/1/2013 Per Claim $1,000,000 Annual Aggregate $2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is required) City of Fort Collins Purchasing Attn: Ed 215 N. Mason Fort Collins CO 80524 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE V 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD September 1", 2010 Re: Enclosed Certificates Starting on 01 September 2010, the "Certificate of Liability Insurance" national template issued by ACORD changed. The certificate contains new cancellation notice language. Van Gilder, nor any other insurance agency, is no longer allowed to amend the certificate template. However, we understand how important notice of certain items is to you. Therefore, we are committed to providing the following: Should any of the policies identified on the enclosed certificates be cancelled or non -renewed, Van Gilder will endeavor to provide 30 days notice to you or that amount of notice coinciding with the notice Van Gilder receives from the insurance company. In the event of non-payment of premium, Van Gilder will endeavor to provide 10 days notice. Please note that failure to provide notice does not impose an obligation or liability on the insurance company, or its agents, or representatives. Please do not hesitate to contact us with any questions or concems Van Gilder Insurance Corp. Van Gilder Insurance Corporation I PO Box 465101 Denver, CO 80201 1 Tel 800.873.8500 1 Fax 303.831.52951 www.vgic.com MA i GbG Palle/ ACORD. CERTIFICATE OF LIABILITY INSURANCE DATE (MM OB/19/2013YY) /2013 PRODUCER Pinnacol Assurance THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY 7501 E Lowry Blvd Denver, CO 80230-7006 AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC# INSURED The Brendle Group Inc 212 W Mulberry St Fort Collins, CO 80521 INSURER A: Plnnacol Assurance 41190 INSURER B: INSURER C: INSURER D: INSURER E: COVERAGES 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 DOCUMMENT 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. - INSR ADD'L I POLICY EFFECTIVE POLICY EXPIRATION LTR INSRD TYPE OF INSURANCE POLICY NUMBER DATE MWDDIYYYY DATE(MM/DD/YYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE DAMAGE TO RENTED COMMERCIAL GENERAL LIABILITY CLAIMS MADE OCCUR PREMISES MED EXP(Any oneperson) PERSONAL& ADV INJURY GE WL AGGREGATE LIMIT APPLIERS PER: GENERAL AGGREGATE PRODUCTS-COMP/OP AGO POLICY PROJECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO (Ea Accident) BODILY INJURY ALL OWNED AUTOS SCHEDULED AUTOS (Per person BODILY INJURY HIREDAUTOS NON -OWNED AUTOS (Per amd ent) PROPERTY DAMAGE (Per amdent) GARAGE LABILITY AUTO ONLY - EA ACCIDENT OTHER THAN EA ACC ANY AUTO AUTO ONLY: AG EXCESSIUMBRELLA LIABILITY OCCUR CLAIMS MADE EACH OCCURRENCE AGGREGATE DEDUCTIBLE RETENTION $ WORKERS COMPENSATION AND WC STATU- OTHER A EMPLOYER'S LIABILITY ANYPROPRIETORIP/EXECUTIVE OFFICER/MEMBER EXCLUDED? 4011903 07/01/2013 07/01/2014 TORV LIMITS EL EACH ACCIDENT $1.000,000 E.L DISEASE - EA EMPLOYEE $1,000,000 It yes, please tlesmbe under SPECIAL PROVISIONS below E.L DISEASE -POLICY LIMIT $1.000mo OTHER DESCRIPTION OF OPERATIONS/LOCATIONSIVEHICLES/EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS CERTIFICATE HOLDER CANCELLATION 1474978 The City of Fort Collins Purchasing SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO Attn: Ed MAIL 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE 215 North Mason LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR Fort Collins, CO 80524 LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Lena Elwood ACORD 25(2001/08) Underwriter ACORD CORPORATION 1988 CERTIFICATE HOLDER COPY The City of Fort Collins Purchasing Attn: Ed 215 North Mason Fort Collins, CO 80524 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. shown in Exhibit C, consisting of one (1) page, attached hereto and incorporated herein. Monthly partial payments based upon the Professional's billings and itemized statements are permissible. The amounts of. all such partial payments shall be based upon the Professional's City -verified progress in completing the services to be performed pursuant hereto and upon the City's approval of the Professional's actual reimbursable expenses. Final payment shall be made following acceptance of the work by the City. Upon final payment, all designs, plans, reports, specifications, drawings, and other services . rendered by the Professional shall become the sole property of the City. 7. City Representative. The City will designate, prior to commencement of work, its project representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to the City Representative. 8. Monthly Report. Commencing thirty (30) days after the date of execution of . this Agreement and every thirty (30) days thereafter, Professional is required to provide the City Representative with a written report of the status of the work with respect to the Scope of Services, Work Schedule, and other material information. Failure to provide any required monthly report may, at the option of the City, suspend the processing of any partial payment request. 9. Independent Contractor. The services to be performed by Professional are those of an independent contractor and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Professional's compensation hereunder for the payment of FICA, Workers' Compensation, other taxes or benefits or for any other purpose. 10. Subcontractors. Professional may not subcontract any of the Work set forth in the Exhibit Professional Services Agreement 7517 Climate Change Adaptation Planning Facilitation Page 3 of 21 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 Professional. 11. Personal Services. It is understood that the City enters into the Agreement based on the special abilities of the Professional and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Professional shall neither assign any responsibilities nor delegate any duties arising under the' Agreement without the prior written consent of the City. 12. Acceptance Not Waiver. The City's approval of drawings, designs, plans, specifications, reports, and incidental work or materials furnished hereunder shall not in any way relieve the Professional of responsibility for the quality or technical accuracy of the work. 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. 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. 14. Remedies. In the event a party has been declared in default, such defaulting party shall Professional Services Agreement 7517 Climate Change Adaptation Planning Facilitation Page 4 of 21 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. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire agreement between the parties and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. 16. 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. 17. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Professional represents and agrees that: a. As of the date of this Agreement: 1. Professional does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2. Professional will participate in either the e-Verify program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, administered by the United States Department of Professional Services Agreement 7517 Climate Change Adaptation Planning Facilitation Page 5 of 21 Homeland Security (the "e-Verify Program") or the Department Program (the "Department Program"), an employment verification program established pursuant to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of all newly hired employees to perform work under this Agreement. b. Professional shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien to perform work under this Agreement. c. Professional is prohibited from using the e-Verify Program or Department Program procedures to undertake pre -employment screening of job applicants while this Agreement is being performed. d. If Professional obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employsor contracts with an illegal alien, Professional shall: 1. Notify such subcontractor and the City within three days that Professional has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 2. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that Professional shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. e. Professional shall comply with any reasonable request by the Colorado Department of Labor and Employment (the "Department") made in the course of an investigation that Professional Services Agreement 7517 Climate Change Adaptation Planning Facilitation Page 6 of 21 the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. f. If Professional violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this Agreement is so terminated, Professional shall be liable for actual and consequential damages to the City arising out of Professional's violation of Subsection 8-17.5-102, C.R.S. g. The City will notify the Office of the Secretary of State if Professional violates this provision of this Agreement and the City terminates the Agreement for such breach. 18. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit "E" - Confidentiality, consisting of one (1) page, attached hereto and incorporated herein by this reference. n Professional Services Agreement 7517 Climate Change Adaptation Planning Facilitation Page 7 of 21 A' Secretary THE CITY FORT COL INS, COLORADO B: Y Gerry Paul Director of Purchasing & Risk Management DATE: Z2�f The Brendle Group, Inc. Title: VPrllsl duutu CORPORATE PRESIDENT OR VICE PRESIDENT 'Cl Date: o I f (3 (Corporate Seal) Professional Services Agreement 7517 Climate Change Adaptation Planning Facilitation Page 8 of 21 EXHIBIT A SCOPE OF WORK The City of Fort Collins seeks to hire a Professional to assist with the next steps in the City organization's climate adaptation planning process to address the participating City departments and their various operational considerations. A successful project will provide each department with a risk and vulnerability assessment, and assist in identifying potential strategies needed to increase the resiliency of the organization. Ideally, the outcome of services would result in the development of a framework that would enable City departments to incorporate climate change adaptation strategies into our existing near term planning for long term planning and asset management to ensure continuity of operations and ability to continue to provide municipal services. Project Deliverables (to be completed by December 31, 2013) 1. Two- Three facilitated workshops involving staff from —9 participating City departments and regional external participants. Proposals should in detail describe how Professional would accomplish the following: • Development of a facilitated dynamic planning process using the latest scientific data available for the Front Range, effectively using valuable staff time to achieve outcomes; Professional's proposed Performance Measures related to #1 include: • Targets and measures for the number of people, and their expertise, from each City department that participate in the process, tracking those at the workshop and throughout the project; • Changes in City staff, planners, and partners' understanding of climate change science prior to and after the vulnerability workshop through the use of brief web -based survey instruments; and • Changes in City staff, planners, and partners' perceptions of how well prepared they are to plan for climate change in their day-to-day operations, near term planning, and long- term efforts. 2. A written document containing matrices that identify the risks and vulnerabilities to the operations, assets and provision of service of participating department from a changing climate. • The deliverable outcome of the planning would result in completed matrices that would allow departments to reference identified risks and vulnerabilities in planning considerations for future funding, emergency response plans and identified alternative approaches for operational plans and services, with the objective of avoiding any duplication of previous efforts; • A schedule for completing the work, including identifying objectives, actions and pertinent staff for tasks and associated costs; Professional's proposed Deliverables related to #2 include: Professional Services Agreement 7517 Climate Change Adaptation Planning Facilitation Page 9 of 21