HomeMy WebLinkAbout201762 CLARION & ASSOCIATES - CONTRACT - RFP - 7503 MISCELLANEOUS SUSTAINABILITY SERVICESPROFESSIONAL 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 Clarion Associates LLC, 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 fifteen (15) 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 "C",
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
December 31, 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
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project initiation meetings. As specified in the RFP, the social
sustainability topic areas will include, at a minimum:
homelessness, poverty, cultural diversity, affordable housing,
health and wellbeing, early childhood education (ECE) and
childcare. The City might also consider sub -segmenting these
topic areas to add residents with special needs who typically face
the most gaps in service provision—e.g., persons with mental
illness/behavioral health challenges, victims of domestic violence,
and persons with disabilities.
■ Once our team has finalized the topic list, we will begin by
examining existing research, data and information to be used in
the assessment of current conditions and gaps analysis and how
the project team may obtain such information. This will include a
review of data collected by CSU students and City interns.
Task 1.2 Social Services Gap Analvsis
The purpose of this task is to review the large number of existing social service plans,
programs, forces, trends and resources within the City organization and the community
that may influence the planning process. The Professional will describe the existing
conditions in the community, synthesize information, and identify key metrics that
influence social sustainability. The analysis is essentially a "snapshot" of the Fort
Collins community in its present state; it will provide a common basis of data for both
the consultants and the various stakeholders in an understanding of the social
sustainability landscape today. This task will build on inventory work already completed
by CSU students and City interns. Task 2 encompasses the following subtasks:
A. Data Collection and Gaps Analysis
■ The baseline condition will be informed through existing reports
and studies —for example, the most recent "Point in Time"
homeless person counts, national data on the incidence of needs
by type, stakeholder interviews, a quantitative, inventory of
existing affordable housing units, preliminary gaps analysis
estimated by BBC's existing models, and other sources.
■ Professional will work with the City staff to assign appropriate
metrics with which to assess current social service provision and,
ultimately, gaps in services and availability of housing. For
example, in evaluating the supply of housing persons with
physical disabilities, a metric may be the number of accessible
and affordable rental units.
■ Our initial measures of need will be determined by combining
needs from our data model and existing reports and studies to
create a range of estimates (upper and lower bounds of needs) by
topic area. The gaps model will identify mismatches in the supply
and demand of social services by comparing current service
levels, service demand and City goals.
■ These estimates will then be vetted with stakeholders through in -
person interviews. We will also collect information on what factors
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are most important for improving the needs of targeted groups
from stakeholders. Professional anticipates conducting up to 20
stakeholder interviews.
B. Determining Gaps
■ In this subtask, the Professional will populate our social services gaps model that
compares service availability (or "supply") by issue area with service demand. If desired
and where possible, the model can be tailored to provide detail on age groups, City
subregion, race and ethnicity or other sub -group. The gaps model will identify
mismatches in the supply and demand of social services by comparing current service
levels, service demand and City goals.
• An important part of the gaps analysis will be to translate population growth projections
into expected future service demand using current incidence rates for disability, poverty,
homelessness and other indicators. The Professional will use existing secondary data
sources and data obtained from current City service providers to compare current
service demands with current populations to allow for future service demand projection
and a more dynamic modeling environment. The Professional will use the dynamic gaps
model to identify where social service provision is out of balance overall for the City in
current and future scenarios. The Gap Analysis will evaluate existing (current year)
conditions, with projections up to five (5) years out from the current base year. The
estimates of future social service needs —as well as information on the factors most
important for addressing the most critical needs —will serve as a starting point for the
discussion of the Social Sustainability Strategic Plan (Task 4).
C. Gap Analysis Report
The Professional will prepare a draft and final Gap Analysis Report that documents the
team's findings from subtasks A-B above. This will be reviewed with City staff and other
stakeholders and revised as needed.
Task 1.3 Engagement Activities
■ City Team Meetings: Review draft materials with Technical Staff
Team (up to four meetings). Revise materials as needed to reflect
comments and additions.
• Agency and Stakeholder Meetings: Conduct up to 10 meetings
with area non-profit agencies, including but not limited to Larimer
County, school districts, faith based organizations, and the
University of Colorado Health, and stakeholder focus groups (with
additional meetings to be conducted by City Staff as needed) with
different interest groups to assess their ideas related to targeted
topic areas
■ Public Open House: participate in a public open house or other
event to provide opportunities for the community at large to
provide input on the gap analysis.
■ Boards and Commissions Workshop: Meet with City Boards and
Commissions in a combined workshop meeting to review gap
analysis findings and draft goals and objectives. City staff to be
responsible for organizing meeting logistics, including location,
notifications, and any refreshments.
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■ City Council Work Sessions: Professional will meet with City
Council in an initial work session (to discuss initial findings of gap
analysis and discuss approach to task 4, Social Sustainability
Strategic Plan., and a second work session to present findings
and conclusions.
Objectives:
The purpose of this task is to develop an overall plan that integrates the City's
sustainability efforts in three primary areas: economic vitality, natural resources and
environment, and social sustainability. Our approach draws on best practices in
developing plans for furthering sustainability that will benefit the City in areas such as
housing, community diversity, building energy efficiency, transportation, renewable
energy, and waste. It also maximizes the triple bottom line benefits, recognizing that a
plan can achieve environmental benefits (reduce energy use and greenhouse gas
emissions), economic benefits (such as lower energy costs for the County and its
citizens), and social benefits (more local jobs, improved air quality and health, and
increased quality of life).
Our Plan will be built both top down — working with the Sustainability Board of Advisors
and City Council to identify what is feasible and affordable — and bottom up — engaging
the community and other stakeholders to identify the sustainability issues that are most
relevant to the residents and businesses. The result will be a Plan that:
■ Is integrated with the City's existing strategic and functional plans;
■ Is a living document that can evolve over time;
■ Builds on past strengths and successes;
■ Provides a framework for the integration, advancement and potential funding of
sustainability initiatives and mutually beneficial partnerships with the community;
■ Fosters vertical and horizontal integration of City efforts regarding sustainability;
■ Suggests priorities for implementation driven by technology, financial reality, and
community preferences;
■ Identifies specific actions to be taken to implement priority goals, including
responsible individuals and organizations;
■ Identifies early action items to gain momentum; and
■ Provides a mechanism for integrating sustainability as an integral part of the
City's budget process.
Ultimately, our approach to this task recognizes that many of the goals and objectives
contained in the Plan will be carried forward from other efforts (CAP, Social
Sustainability Strategic Plan, etc.) and that this document will serve to consolidate and
integrate many of these varying plans.
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Task 2.1 Kickoff
The first step in the project will be to convene a project kickoff meeting to discuss the
goals and expectations, timeline, and deliverables for this component of the project.
During the project kickoff Professional will also refine our proposed plan for stakeholder
engagement to ensure we are involving the appropriate groups and individuals
throughout the plan development.
Task 2.2 Baseline Sustainabilitv Assessment
Following the kickoff, the project team will produce a baseline sustainability
assessment for the City. The first step of this assessment will be an inventory of
current sustainability-related plans, policies, and programs. As part of the baseline
sustainability assessment, our team will also catalog the existing environmental,
economic, and social assets of the City, review and document the sustainability
initiatives that have been accomplished to date, and identify and catalog existing
goals, policies, and strategies planned for the future.
This effort will be undertaken in close collaboration with City staff members and
other relevant stakeholders to document and understand what's working and where
opportunities lie with respect to sustainability in the City. This evaluation of existing
programs will be a key starting point for development of the CSP; leveraging existing
momentum and building upon programs and efforts that already exist to help identify
both opportunities and potential challenges for implementation. As part of this
process, Professional also proposes to apply Brendle Group's Plan Evaluation Tool
during this task to help identify where current sustainability plans/programs/policies
are aligned and where gaps may exist.
Task 2.3 Review and Refine Work Plan
Following completion of the Baseline Assessment and initial meetings with the City
project team, the Professional will review and suggest any refinements needed to the
work plan for this task, to ensure alignment with the City's goals for the Community
Sustainability Plan.
Task 2.4 Develop Goals and Objectives
■ Another step in the process of developing the CSP is the formulation of sustainability
goals and objectives. Our team's initial thinking is to use the STAR framework as the
organizing structure for this task, particularly given the City's participation in the
program; however, the final organizational structure will be developed in consultation
with City staff. Two key objectives will drive our work in developing this element of
the CSP: providing clarity on actions and priorities that are in the purview of the City,
and a methodology for evaluating goals.
■ Throughout this step, Professional's team will focus on defining or clarifying the
City's role in supporting and achieving the goals and objectives. It is our
understanding that in some instances, the City may need to provide leadership and
will have primary responsibility in working toward the goals, and in other cases the
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City's role will be supporting and collaborating with other community organizations,
groups, and stakeholders in order to achieve the sustainability goals.
■ Developing a robust methodology to evaluate goals and strategies in the Plan for
their costs and savings, environmental benefits as well as other co -benefits, who
pays and who saves, and technical and political feasibility will help the City prioritize
actions for implementation.
Task 2.5 Action Plan
• A detailed approach for implementation and monitoring performance will be crucial
to the success of the CSP. For each action included in the Plan, Professional will
identify potential implementation lead and support roles, community resources and
partners, suggested next steps (including timelines and completion dates), and
funding needs.
■ Our model for the Action Plan for the CSP will be the framework developed for Plan
Fort Collins, with actions identified as immediate (concurrent with Plan adoption);
near -term (keyed to current City Budget horizon), and longer -term. Professional will
particularly focus on strengthening the linkage between the Plan's goals and
objectives, priority actions, and the City's BFO process and adopted budget, as well
as strategies to integrate the Action Plan with other related work (e.g. Energy Policy)
and develop public messaging that shows the integration
Task 2.6: Engagement Activities
■ City Team Meetings: Review draft materials with Technical Staff
Team (up to 10 meetings). Revise materials as needed to reflect
comments and additions.
■ Boards and Commissions: Meet with up to 4 City Boards and
Commissions to review goals and objectives and preliminary
directions of the Plan.
• City Council Work Sessions: Professional will meet with City
Council in up to two work sessions.
■ Note: Other community engagement activities will be determined
as part of the Work Plan refinement identified in subtask 3.3
above.
TASK 3: GREENHOUSE GAS GOAL EVALUATION
Objectives:
In June 2008, City Council adopted goals to reduce Fort Collins' community greenhouse
gas emission 20% below 2005 by 2020 and 80% by 2050, followed by a Climate Action
Plan (CAP) in November 2008 that provides a strong framework for making progress
towards the goals. Timing is optimal to review and update the community's GHG goals
in 2013 for several reasons including:
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• Scientific findings have advanced significantly since 2008, and further
underscore the importance of reducing emissions and increasing resiliency in the
face of a changing climate.
• New opportunities have emerged since 2008, including advancements in energy
technologies such as smart grid, vehicle electrification opportunities, changes in
the price of energy solutions, new waste reduction strategies, etc. that warrant a
fresh look at reduction strategies
• The Fort Collins Energy Board will make recommendations on an update to the
Energy Policy in 2013. Discussions about the Energy Policy and GHG goal
evaluation need to be closely linked and coordinated.
Several major planning initiatives are underway in Fort Collins that will offer information
about pathways to advance local GHG reductions. These include updates to the 2009
Energy Policy, completion of a new Road to Zero Waste Plan (Draft in Oct 2013), and ,
possibly, Platte River Power Authority's update to the Integrated Resource Plan (2013
through — Q2 2014).
While an initiative to evaluate GHG goals should leverage these efforts, additional work
is needed to conduct additional analysis and package this information to aid the City
Council in their process to provide direction on community GHG goals.
Note: tasks 3.1-3.4 to be complete by October 1; Task 3.5 (final report) by November 7,
2013.
Task 3.1: Define Defensible GHG Goal Alternatives
This task will define defensible GHG goal alternatives (up to 5), that consider City
Council and the community indications of interest, what other leading cities are doing
(provided by City of Fort Collins), etc. Options such as Business As Usual (no change),
increased acceleration towards existing goal, and carbon neutral will be considered.
This task will include a definition of the goal alternatives that includes boundary, scope,
magnitude of reduction and timeframe.
Deliverable: Written memo containing list of goal alternatives, their definitions, and
supporting rationale as to why these are reasonable goals for Fort Collins to consider.
Task 3.2: Pathways for Goal Achievement
This task will sketch out pathways for achievement of the GHG goal alternative, building
largely upon other existing planning efforts, heavily leveraging the work already
conducted by Rocky Mountain Institute to answer the questions "What does Fort Collins'
Energy -related GHG trajectory look like? How quickly could it accelerate its climate
goals and offer benefit to the community'? as well as the work completed by the Road
to Zero Waste Planning, and under FortZED.
Deliverables:
• Spreadsheet containing analysis of basic assumptions that could be made to
achieve the GHG goal alternatives. Spreadsheet will contain graphs of the
descent paths from present to goal and tables that identify, for each goal
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alternative, percent reduction needed in each category (electricity, natural gas,
travel, and solid waste) in 2020, 2030 or 2035, and 2050.
• Brief written memo sizing up different goals and describing analysis.
Task 3.3 Identifv Maior External Factors Relevant to Goal Alternatives
This task will identify external factors that are relevant to discussion of the GHG goal
alternatives such as existing and potential state and federal regulation, cost of inaction,
relationship to climate preparedness, etc. (and social cost of carbon, if appropriate).
Deliverable: Memo identifying and describing the relevance of the external factors on
GHG goal alternatives.
Task 3.4 Outline High -Level Pros and Cons of Alternative Goals to Facilitate
Communitv and Council Discussion
This task will take the information compiled in Task 3 and the further evaluate
alternative GHG goal with respect to a range of values including:
• Scientific need to address climate change
• Leadership statements
• Ties to City efforts
• Ties to external efforts
• Aggressiveness of goal and implications for attaining, including triple bottom line
considerations
Deliverable: A table discussing pros and cons of the alternative GHG goals
Task 3.5 Prepare Written Final Report on GHG Goal Alternatives
This task will compile all the deliverables prepared under Tasks 1-5 above into one
written report in a professional Word format. This task may be scaled down as
necessary to accommodate the higher priority of Tasks 1- 5.
Deliverable: Final report in Word format
Task 3.6 Engagement Activities
This task will provide support for one public event in mid to late October (up to 3 hours)
and one Council work session (December 10, 2013). From within the Professional's
team, Brendle Group will participate in one event planning meeting in advance of each
of these two events. City staff will coordinate the events and prepare all the materials.
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Optional Tasks
The following tasks are optional, and are not to be executed until authorization is
received from the City's Project Manager:
The purpose of this task is to develop a strategic plan that will identify and prioritize the
actions the City organization will take to implement the overall vision for social
sustainability services and further delineate the City's role relative to other public
agencies and the private sector. The process will identify priority action steps suitable
for additional investigation, as well as possible financing mechanisms needed to carry
out plan recommendations. The Plan will also identify and prioritize the actions the City
will need to take to implement the overall vision for social sustainability services and
further delineate the City's role relative to other public agencies and the private sector.
A well -crafted Social Sustainability Strategic Plan could benefit the City's decision -
making process by strengthening linkages between policy, progress, and success which
includes:
■ Stronger connections between social sustainability goals, plan policies, and
Budgeting for Outcomes (BFO) Key Results objectives;
■ Increased opportunities for grant funding for social services and programs;
■ Closer alignment between monitoring processes and procedures and social
sustainability objectives;
• Improved integration and coordination with the community's public and private
sector social service organizations; and
■ Better information to the City organization and the community on how the City is
doing in achieving its social sustainability goals.
Task 4 encompasses the following subtasks:
Task 4.1 Goals and Obiectives
The Professional will develop a set of draft goals and objectives, to serve as a basis for
strategies and actions
Task 4.2 Identify Strategies and Actions to Fill Gaps
The Professional will work with staff to identify strategies to fill the gaps that were
determined during subtask 1.2. Specific focus will be on clarification of the City's
potential role in each strategy, and identification of strategic partners.
Task 4.3 Stakeholder Feedback on Potential Actions
The Professional will review the draft set of identified strategies and actions with
stakeholder groups (City planning team, stakeholder agencies, Boards and
Commissions, others TBD)
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Task 4.4 Prioritization of Actions
The Professional will prioritize and refine the strategies and actions based on
Stakeholder input, BFO goals, etc. for review with the planning team.
Task 4.5 Prepare Draft and Final Strategic Plan
The purpose of this task is to develop a draft and final Social Sustainability Strategic
Plan.
Task 4.6 Enciaaement Activities
■ City Team Meetings: Review draft materials with Technical Staff
Team (up to four meetings). Revise materials as needed to reflect
comments and additions.
■ City Council Work Sessions: Prepare for and attend a work
session in November or December to review the draft Strategic
Plan.
Objectives:
City staff has recommended a new interim reduction target of 20 percent below 2005 by
2016. Achieving this target and more aggressive long-term targets, which will become
increasingly challenging as low -hanging opportunities are addressed, will require an
approach that integrates the best planning/policies/programs underway in Fort Collins,
realistically forecasts future emissions and the magnitudes of reductions necessary to
meet targets, and incorporates the best thinking of Fort Collins' peers in climate action
planning nationally and internationally.
The updated CAP will be built both top down — working with staff and City Council to
identify what is feasible and affordable — and bottom up — engaging the community and
other stakeholders to identify the climate action opportunities that are most relevant and
attractive to residents and businesses. The resulting CAP will be highly integrated with
the City's existing strategic and functional plans — drawing on the best thinking to date in
energy, water, solid waste, transportation and community plans and integrated with the
Sustainability Community Plan to provide a framework for the integration, advancement
and potential funding of initiatives and mutually beneficial partnerships with the
community.
Task 5.1 Update GHG Emissions Forecast
The team will undertake an update of the GHG emission forecast for Fort Collins community.
This update will result in at least a business -as -usual (BAU) scenario that will be used as the
baseline for measuring the effectiveness of the CAP at achieving the City's targets.
Additional forecast scenarios will be considered if it is determined that there are key
unknowns that have a significant impact on the community's capacity to reach its targets.
The forecast process will be informed by a number of data sources:
- Current GHG emissions and historical trends from the City's GEMS database;
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Forecasting approaches previously employed (e.g. in the previous Climate Task
Force/CAP effort);
The current and projected performance of existing programs;
Forecasted changes in demographics and from other models (e.g. population,
employment, transportation, etc.);
External factors (e.g. State policies, CAFE standards, etc.).
■ The team will review forecasting tools currently employed by the City and seek to use a
familiar approach for usability by City staff. The team will also seek integration where
possible with GEMS or other related tools.
■ The work product for Task 5.2 will be a spreadsheet containing an updated, year -by -year,
forecast for GHG emissions through the CAP planning horizon (e.g. 2025). This forecast will
include citations documenting the source and approach for forecasting emissions in each
segment of the inventory.
■ The final work product will reviewed with City Staff involved in the CAP process.
Task 5.2 Identification of Opportunities: Looking Locally and Internationally
r The team will review nascent local initiatives, leading edge climate action plans nationwide
and research to identify emerging opportunities for GHG mitigation for Fort Collins. .
■ The team will coordinate with Professional's partner COWI, which has worked on aggressive
climate action plans in Copenhagen, Aarhus, and other Danish and European communities,
to identify transformative strategies being implemented by the global community that will
help Fort Collins achieve its long-term GHG reduction goals.
■ The CAP may also address opportunities to reduce emissions from sources that were not
considered in the previous CAP but may be included in the new inventory under ICLEI's
Community Protocol. The team will support the identification of mitigation opportunities for
these new sources.
■ The work product for Task 5.3 will be a spreadsheet documenting the opportunities
identified through the above processes. This spreadsheet will include a description of the
opportunity, its sources, and available information on its effectiveness.
■ The opportunity identification process of Task 5.3 will be very iterative and the team
anticipates significant engagement with City Staff throughout the process. The team will
seek the input of Staff on mitigation opportunities as well as review of the list of opportunities
as it develops.
Task 5.3 Cost -Benefit Analysis
■ Specific strategies including programs, technologies, and policies will first be evaluated
individually so that scenarios can be developed based on a common definition of the
strategies. These strategies will build on our team's topic area expertise and may include
concepts such smart grid (FortZED), district heat and energy, electric vehicles, deep energy
retrofits, geothermal heating, and carbon sequestration; and regulatory changes. Other
possibilities include market -based instruments (e.g. further carbon pricing); education and
communication actions; alterations to institutional structures; and changes to infrastructure.
■ The criteria that will be considered when evaluating community -wide strategies will include
technical and financial feasibility, first -cost, ongoing costs/savings, return on investment, and
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and sent to the following addresses:
Professional:
Clarion Associates LLC
Attn: Ben Herman, FAICP,
Director
401 Mason Court, Suite 101
Fort Collins, CO 80524
bherman(u)clarionassociates.com
City:
City of Fort Collins
Attn: Joe Frank, Director
of Social Sustainability
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 fee outlined by the Project Budget
included in Exhibit B, consisting of two (2) pages, which includes reimbursable direct
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other appropriate metrics relative to targets that have been established. In addition, this
analysis will consider who pays and who saves and will also incorporate, where possible,
other leading -edge benefit calculation methodologies such as those identified in City Plan's
indicators.
■ A wedge analysis will be applied to understand the contribution of individual strategies
toward the overall GHG reduction targets. This type of evaluation creates an effective
visualization that includes current emissions, future growth in emissions, and the relative
and cumulative impacts of individual strategies.
■ The set of potential strategies will be combined to generate various scenarios for the
emissions trajectory through 2025. The first scenario will be a baseline; additional scenarios
will be defined and may include themes such as a sector (residential/commercial) focus,
energy supply focus, transportation focus, interim target achievement focus, and/or
emerging technology focus to explore a variety of approaches for achieving targets.
■ The work product for Task 5.4 will be a spreadsheet containing a year -by -year evaluation of
the performance of each strategy and aggregated scenarios that consider the mentioned
approaches to strategy implementation.
■ The cost -benefit analysis process of Task 5.4 will be very iterative and the team anticipates
significant engagement with City Staff throughout the process. The team will seek the input
of City Staff on preferred approaches for modeling strategies. Data to support the analysis
will also be sought from City Staff.
Task 5.4 Evaluate CAP with Triple Bottom Line Decision Support Tool
• The team will also use the CAP as a test case for applying the TBL framework and any
applicable tools we identify under Task 6 of this scope. This step will serve as an
opportunity to maximize the triple bottom line benefits of the CAP.
■ The work product for Task 5.4 will be a completed TBL analysis for a selected CAP scenario
(dependent on completion of work products for task 6, below).
Task 5.5 Updated CAP Document
The purpose of this task is to develop a draft and final CAP. The document will be graphic -
rich, text -light, and easily accessible for the general public audience. This document can be
presented as a traditional PDF or may instead be developed as a light -weight website (e.g.
in Word Press or other acceptable content management system) for easy access and
navigation by the audience and updating by City staff. Likely elements to be included in the
CAP include:
- Acknowledgements
- Documentation of Fort Collin's existing programs and integration across plans and
programs I
- Summary of the plan development and engagement process
- Baseline GHG inventory and forecast
- Plan framework, topic areas, and principles
- Targets
- Strategies and scenarios considered
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Implementation and monitoring framework
Appendices with additional documentation
■ Scoping meeting to discuss formats for reporting and select one for the CAP.
■ The work products will be the draft and final plans. The team will iterate with City Staff on
two rounds of revisions, and finalize the plan in the selected format (PDF or web -based).
Task 6.6 Engagement Activities
■ Addendum No. 1 to the RFP indicated that the City will consider a variety of roles for the
Professional's team in interfacing with the Board of Advisors and the City's broader
engagement process. Our proposed budget for the CAP includes a minimal role for the
Professional's team in preparing for and attending approximately 5 meetings to share
progress on the project, gather input from the Board/stakeholders, and answer questions as
needed.
■ Should the City decide on a more involved role for the Professional's team in interface with
the Board and/or the broader process, Professional's team brings a number of additional
capacities in engagement that may be valuable for the CAP Task as well as the other tasks
under this RFP. Some of these capacities include:
■ Meeting facilitation
■ Key -pad polling
■ Organizational engagement in the CAP that seeks to identify opportunities such as capacity
building in local institutions (e.g. building professionals, consultants, educational institutions,
and non -profits), building societal enthusiasm to draw talent and energy (e.g. as the high-
tech sector has done to innovate), social mobilization and literacy, working in a triple helix
approach with local cleantech industry and research institutions, and leveraging other
partners
■ Integrating social media into project delivery
■ Supporting website development for engagement such as www.parkcitygreen.org and
myClimateWise
TASK 6: TRIPLE BOTTOM LINE TBL) DECISION FRAMEWORK AND TOOLBOX
.-
While the City already has some tools and processes in place to integrate Triple Bottom Line
(TBL) thinking into its decision -making, City staff and the City Council are looking to develop an
overarching TBL framework and toolbox and approach to how the City makes decisions on all of
its policies, plans, strategies, and projects. Under this task the Professional's team will help the
City develop an overarching TBL Decision Framework that guides the development of
organization -wide policies, plans, strategies and projects — as well as a toolbox of TBL decision
support tools to implement the Framework.
Task 6.1 Conduct Follow-up Scoping Meeting with City Sustainability Steering
Committee and Other Key Department Staff
Following up on a scoping meeting key City staff held in April 2013 to discuss the scope
of the TBL framework — including tool requirements, priorities, application, and vision —
Professional Services Agreement
7503 Miscellaneous Sustainability Services Page 21 of 29
Professional's team proposes a follow-on facilitated work session with the project
Sustainability Team and other select City Department staff to solidify objectives of the
Framework and toolbox, solicit feedback on what is currently working well with respect
to TBL decision -making, and where the greatest opportunities lie. Professional will also
solicit any ideas for specific frameworks and tools being used in other communities or
organizations City staff wishes to include in the evaluation described in Task 6.2.
The outcome of the workshop will be notes and further guidance to our team on:
• Overall objective for the TBL Framework
• What success looks like for this task (e.g., identifying "triple win" scenarios,
greater collaboration, etc.)
• Feedback on what's working well and what to keep in terms of current TBL
approaches and practices, such as TBLAM
• Where the greatest gaps and opportunities are to apply a TBL framework and
tools
• How best to align the Framework with the Community Sustainability Plan as the
overarching guidance document for the City's sustainability efforts, which will be
developed in parallel
• Specific frameworks and tools from others to investigate
Task 6.2 Conduct Best Practices Research in TBL Frameworks, Policy, and Specific
TBL Tools
Using guidance from Task 6.1, under this task Professional will research and document
best practice examples of other TBL Frameworks and specific tools and evaluate their
pros and cons for application in Fort Collins. This will include tools not being used by
Fort Collins, but also a look at TBLAM and its strengths and limitations.
Our deliverable for this task will be a memorandum summarizing the research process,
matrices documenting our findings on applicability of various frameworks and tools, and
recommendations on frameworks and tools to examine in further detail. Our research
will include:
• TBL frameworks from other communities and organizations nationally and
internationally (such as Calgary, Melbourne, etc.)
• Specific TBL tools for each TBL aspect such as the Economic Development
Administration's TBL Tool (www.tbltool.oro), Envision sustainable infrastructure
tool and rating system, City of Hamilton, Canada's TBL tool, EMSI, and others
In a second workshop with the City's project Sustainability Team Professional will
review the results of our research and our recommendations for particular frameworks
and tools to consider in Task 6.3.
Task 6.3 Develop Draft Framework and Proposed Toolbox
Under Task 6.3 Professional will flesh out what a draft TBL Framework looks like for
Professional Services Agreement
7503 Miscellaneous Sustainability Services Page 22 of 29
Fort Collins, and what existing tools to apply to various decisions and at various stages
in decision -making processes. Professional's deliverable will be a Framework
document, decision support matrix with guidance on which tools to apply when, select
case studies, and reference materials. The TBL Framework may include, for example:
• Overall City vision, mission statement, or policy on TBL
• Guiding principles for how TBL methodologies will be applied to City decision
making
• How the Framework links to and aligns with other City policies and plans,
including the Community Sustainability Plan, CAP, Social Sustainability Plan, and
others
• Flow/process diagram and directions to departments on when to apply TBL
thinking, how to interpret results, where to locate data (e.g., is it in the City-wide
data warehouse?), and how to cross -collaborate with other departments in
conducting TBL evaluations
• When and where to apply specific TBL tools in the City's toolbox
• How to check progress annually and revise the Framework and tools in response
to feedback to encourage continuous improvement
• A set of guidelines for evaluating new tools before they are included in the TBL
toolbox
At this stage, Professional will meet for a third time with the project Sustainability Team
to review the draft report and Framework and seek feedback.
Professional will also attend one City Council work session to brief Council members on
the project and receive feedback.
Task 6.4 Test, Revise, and Refine Framework and Toolbox
Under Task 6.4 Professional proposes to test the proposed Framework and a subset of
proposed tools with City staff and collect feedback on both the clarity of the Framework
and applicability of specific tools. Professional suggests that the project Sustainability
Team assist us in identifying individuals in departments who have not been involved to
date in the project to lend fresh eyes to the process and tools. Professional proposes to
test the Framework and tools on 1 simple and 1 complex decision facing departments.
Professional will document results in summary notes that will be used to refine and
finalize the Framework and toolbox.
A fourth and final meeting with the project Sustainability Team will be used to have beta
testers report out results to the full team, and to discuss how specifically to integrate
feedback into the final Framework and toolbox.
Professional's final deliverable will be a document that integrates all meeting notes, best
practices research, Framework, tools, and beta tests. Professional will submit a
complete draft, collect one round of review comments, and produce a final document.
Professional Services Agreement
7503 Miscellaneous Sustainability Services Page 23 of 29
Task 6.5 Enciapement Activities
City Team Meetings: Facilitate workshops to collect feedback and review draft materials
with the Sustainability Team as described above. Revise materials as needed to reflect
comments and additions.
City Council Work Session: Professional will meet with City Council in one work session
to discuss initial findings and receive feedback on the Framework and toolbox.
Professional Services Agreement
7503 Miscellaneous Sustainability Services Page 24 of 29
EXHIBIT B
PROJECT BUDGET
Base Services
Task I: Social Sustainability Gap Analysis
1.1
Project Startup
$26,366
1.2
Gap Analysis/Report
$34,036
1.3
Engagement Activities
$14,210
Reimbursable Expenses
$1,792
Total
$76,404
Task 2 : Community Sustainability Plan
2.1
Kickoff Meeting
$2,460
2.2
Baseline Assessment
$18,042
2.3
Review/Refine Work Plan
$1,890
2.4
Develop Goals and Objectives
$15,374
2.5
Action Plan
$24,198
2.6
Engagement Activities
$8,146
Reimbursable Expenses
$3,860
Total
$73,970
Task 3: Greenhouse Gas Goal Evaluation
3.1
Define Goal Alternatives
$1,932
3.2
Pathways to Goal Achievement
$1,884
3.3
Identify External Factors
$1,802
3.4
Pros and Cons
$1,030
3.5
Final Report
$1,799
3.6
Engagement Activities
$1,941
Reimbursable Expenses
$0
Total
$10,388
Total all Base Tasks
$160,762
Professional Services Agreement
7503 Miscellaneous Sustainability Services Page 25 of 29
Optional
Task 4: Social Sustainability Plan
4.1
Goals and Objectives
$1,832
4.2
Identify Strategies and Actions
$8,127
4.3
Stakeholder Feedback
$4,266
4.4
Prioritization of Actions
$3,544
4.5
Drft and Final Plan Preparation
$13,274
4.6
Engagement Activities
$5,690
E enses
$3,127
Total
$39,860
Task 5: Climate Action Plan Update
5.1
Update GHG Emissions Forecast
5.2
Identification of Opportunities
5.3
Cost -Benefit Analysis
5.4
Evaluate CAP
5.5
Updated CAP Document
5.6
Engagement Activities
Total
$55,364
Task 6: Triple Bottom Line Framework
6.1
Scopinq Meeting
6.2
Best Practices Research
6.3
Draft Framework and Toolbox
6.4
Test and Revise Framework
6.5
Engagement Activities
Total
$22,606
Total Optional Tasks
$117 830
Professional Services Agreement
7503 Miscellaneous Sustainability Services Page 26 of 29
EXHIBIT C
PROJECT SCHEDULE
Task
Completed By:
Authorization to Proceed
August 13, 2013
TASK 1: SOCIAL SUSTAINABILITY GAP ANALYSIS
1.1 Project Startup
August 20, 2013
1.2 Gap Analysis
January 1, 2014
1.3 Engagement Activities
City Council Worksession
September 10, 2013
Agency and Stakeholder meetings
October 1, 2013
Public Open House
December 1, 2013
Boards and Commissions Workshop
December 1, 2013
City Council Work Session #2
TBD
TASK 2: COMMUNITY SUSTAINABILITY PLAN
2.1 Kickoff Meeting October 1, 2013
2.2 Baseline Sustainability Assessment November 1, 2013
2.3 Review and Refine Work Plan November 15, 2013
2.4 Develop Goals and Objectives December 15, 2013
2.5 Action Plan February 1, 2014
2.6 Engagement Activities
City team meetings Ongoing
Boards and Commissions TBD
City Council Work Sessions TBD
TASK 3: GREENHOUSE GAS GOAL EVALUATION
3.1
Define Goal Alternatives
October 1, 2013
3.2
Pathways for Goals Achievement
October 1, 2013
3.3
Identify Major External Factors
October 1, 2013
3.4
Outline Pros and Cons
October 1, 2013
3.5
Written Report
November 7, 2013
3.6
Engagement Activities
Public event
October 15, 2013
Council Work Session
December 10, 2013
NOTE: FOR FOLLOWING OPTIONAL TASKS, ESTIMATE IS FOR WEEKS FROM
INCEPTION
TASK 4: SOCIAL SUSTAINABILITY STRATEGIC PLAN
TASK 5: CLIMATE ACTION PLAN UPDATE
TASK 6: TBL FRAMEWORK AND TOOL EVALUATION
,a;
el
16 wks
20 wks
8 wks
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
7503 Miscellaneous Sustainability Services Page 28 of 29
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
7503 Miscellaneous Sustainability Services Page 29 of 29
costs. All such fees and costs shall not exceed One Hundred Sixty Thousand Seven
Hundred Sixty -Two Dollars ($160,762.00) for Base Services Tasks 1-3 as outlined in
Exhibit B. In addition, the City may also elect to authorize the Professional to perform
the additional work as outlined in Exhibit B as Optional Tasks, at the sole option of the
City. In the event the City elects to engage the Professional for the Optional Tasks, the
fees and costs shall not exceed One Hundred Seventeen Thousand Eight Hundred
Thirty Dollars ($117,830.00) for Optional Tasks 4-6 as outlined in Exhibit B. 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.
Professional Services Agreement
7503 Miscellaneous Sustainability Services Page 3 of 29
CLARI-1 OP ID: GG
,acoRO CERTIFICATE OF LIABILITY INSURANCEF
ATE
08108/2013
D08108120 3
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 pollcy(les) 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 Ileu of such endorsements .
PRODUCER Phone: 970-635-9400
CONTACT
NAME:
PFS Insurance Group -JT Fax: 970-635-9401
4848 Thompson Pkwy, Ste 200
Johnstown, CO 80534
John Hintzman
PHONE A
C No Ee A/C No):
ADDDRESS:
INSURER(S) AFFORDING COVERAGE
NAIL N
INSURERA: PInnacol Assurance CO
41190
INSURED Clarion Associates of Colorado
INSURER B: State Auto Property & Casualty
11017
621 17th St#2250
Denver, CO 80293
INSURER C: Travelers Casualty Ins Co of
25615
INSURER D:Houston Casualty Com pany
INSURER E : Zurich -Am erican Ins Co.
16535
INSURER F :
n.,�rrn nn e� ncOTlorATD KIIJUDCO. RPVISIrTN NIIMRFR-
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 WTfH 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
INSR
POLICY NUMBER
MMIDDIWYY)
(MMfDDJYYYYI
LIMITS
B
GENERAL LIABILITY
X COMMERCIAL GENERAL LIABILITY
CLAIMS -MADE D OCCUR
X Contractual
BOP2630684
08/11/2012
08/11/2013
EACH OCCURRENCE
$ 1,000,00
PREMISES Ea occurrence
$ 300,00
MED EXP (Any one person)
$ 5,000
PERSONAL & ADV INJURY
S 1,000,00
X
Add itional Insure
GENERAL AGGREGATE
S 2,000,00
GEN'L AGGREGATE LIMIT APPLIES PER:
X POLICY IRO- LOC
PRODUCTS - COMP[OP AGG
$ 2,000,00
$
C
AUTOMOBILE LIABILITY
ANY AUTO
X ALL OWNED SCHEDULED
AUTOS AUTOS
NON -OWNED
X HIRED AUTOS X AUTOS
BA6A6782701390
09/1512012
09/15/2013
COMBINED SINGLE LIMIT
Ea accident
$ 1,000,00
BODILY INJURY (Per person)
S
BODILY INJURY (Per accident)
$
PROPERTY DAMAGE
Per accident
$
$
B
X
UMBRELLA LIAR
EXCESS LIAR
OCCUR
CLAIMS -MADE
CXS2102792
08/1112012
08111/2013
EACH OCCURRENCE
$ 2,000,006
AGGREGATE
$ 2,000,00
DED I X I RETENTION $ 10000
$
A
E
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
ANY PROPRIETOPI:>ARTNE^n1EXECUTIVE YIN
OFRIMEnNH) MBER EXCLUDED?
(Usndsandato463309702(
II yes, describe under
DESCRIPTION OF OPERATIONS below
NIA
060755 (CO)
C FL, SC,NC)
07/01/2013
07101/2013
07/01/2014
07/01/2014
X I WCSTATU- OTH-
TORY I
ELEACHACCIDENT
$ 1,000,00
E.L. DISEASE - EA EMPLOYEE
$ 1,000,00
E.L. DISEASE - POLICY LIMIT
$ 1,000,00
p
IProfessionalLiab.
H71217860
08/2312012
08/23/2013
Prof Liab 1,000,00
Retention 50,000
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more apace ie required)
Consulting Services If required by written contract or written agreement,
the certificate holder is included as additional insured for ongoing
operations under general liability.
I-CDTICle-ATC Ur%l MCD CANrrl I ATION
CITYFCI
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
City of Fort Collins
Attn: Joe Frank, Director of
AUTHORIZED REPRESENTATIVE
Social Sustainability
P.O. Box 580A_�
_
Fort Collins CO 80522
U 19HU-ZUlU ACUKU GUKMUKAIIUN. All rights reserVeO.
ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD
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
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
Professional Services Agreement
7503 Miscellaneous Sustainability Services Page 4 of 29
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
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 Aoainst Emoloving Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et.
seq., Professional represents and agrees that:
Professional Services Agreement
7503 Miscellaneous Sustainability Services Page 5 of 29
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
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 employs or 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
Professional Services Agreement
7503 Miscellaneous Sustainability Services Page 6 of 29
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
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.
Professional Services Agreement
7503 Miscellaneous Sustainability Services Page 7 of 29
THE CITY OF FORT COLLINS, COLORADO
B 4
Y
Gerry P ul
Director off Purchasing & Risk Management
naTE: 5/ "(It 3
APPRTVED A$ TQ FORM:
Assist t City Attorne
CLARION ASSOCIATES LLC
B
Title:%="
CORPORATE PRESIDENT OR VICE PRESIDENT
Date: e ' )2 .1 3
ATTEST:
(Corporate Seal)
Corporate
Professional Services Agreement
7503 Miscellaneous Sustainability Services Page 8 of 29
EXHIBIT A
SCOPE OF SERVICES
This scope of services describes the tasks to be executed by the Professional in
assisting the City of Fort Collins in preparing a variety of Sustainability Tasks, including
the preparation of a Social Sustainability Gap Analysis; a Social Sustainability Strategic
Plan; a Community -Wide Sustainability Plan; Greenhouse Gas (GHG) Goal Evaluation;
a Climate Action Plan Update; and assistance with a Triple Bottom Line (TBL)
Assessment Tool. This Scope of Services is organized into six "tasks", which reflect.
basic work products and milestones in the execution of the project. The first three tasks
will constitute the base contract for services, and the last three may be added, upon
authorization by the City's Project Manager.
Objectives:
Social sustainability involves planning for the needs and aspirations of residents through
strategic policy and planned actions that integrate with the City's activities in
environmental and economic sustainability. It arises out of the concern that most
planning efforts are focused on traditional areas such as transportation, housing, the
environment and the economy. Additional topics to be addressed by social sustainability
initiatives include demographic changes in the community (aging of the population,
increasing diversity, poverty); inclusion; accessibility of services for all residents;
community livability; and specific areas of need of children, youth and seniors.
As a first step in the Social Sustainability planning process, the Professional will work
with City staff to prepare a gap analysis report that will address the following: 1) current
conditions, trends, and resources in the community, both City as well as other
organizations; and 2) identify gaps that exist and may need to be filled. Task four
(below) will be the preparation of a Strategic Plan that will guide activities of the newly
developing Social Sustainability Division of the City, over the next few years.
Task 1.1 Proiect Startup
The purpose of this task is to organize the project team (City Staff and Professional) so
that work tasks can proceed in an efficient and coordinated manner and to conduct
various startup activities to "set the stage" for future tasks and phases. Subtask 1
encompasses the following subtasks:
A. Finalize Schedule and City Technical Staff Team and Professional Team Resource
Plan
Work with City staff project management team to finalize details of project schedule and
detailed work assignments for City Technical Staff Team and Professional Team
members.
B. Inventory Existing Data and Identify Additional Data Needs for Social
Sustainability Analysis
■ Refinement of the initial topic areas included in the social
sustainability gap analysis will be one of the work products of the
Professional Services Agreement
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