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HomeMy WebLinkAboutSPRING BACK COLORADO INC - CONTRACT - AGREEMENT MISC - SPRING BACK COLORADO INCInnovate Fort Collins Challenge Grant Agreement THIS AGREEMENT is made and entered into as of the date of acceptance by the City, by and between the CITY OF FORT COLLINS, COLORADO, a municipal corporation (“City”) and _______Spring Back Colorado, Inc._______, (“Recipient”). NOW, THEREFORE, in consideration of their mutual promises contained herein, the parties agree as follows: 1. The Recipient shall use the funds provided under this Agreement in accordance with the Recipient’s Proposal, which is attached as Exhibit A and incorporated herein by this reference (“the Project”). Any funds received by the Recipient under this Agreement and not reasonably necessary to carry out the Project shall be returned to the City within thirty (30) days of completion of the Project. 2. Any modification of the implementation of the Project from that indicated in the Recipient’s application must receive the City’s prior written approval. 3. For implementation of the Project, the Recipient shall receive two payments as set forth below on a __Bi‐annual_____ basis, in the total amount of no more than $ 75,000 which shall be expended by the Recipient to complete the Project no later than December 14, 2018. 4. The Recipient shall provide the City with copies of all receipts by December 14, 2018, and a written evaluation of the Project documenting accomplishments, results achieved, community impact, and monetary and other returns if applicable including jobs created. A report template will be available from the Environmental Services Department (“ESD”), incorporated herein by this reference as Exhibit B. 5. The Recipient agrees to make all records pertaining to activities carried out under this Agreement available to the City for audit upon request for at least three (3) years following the fulfillment of this Agreement. 6. If any provision of this Agreement is not met in the manner and time specified herein by the Recipient, the Recipient shall be in breach and the City may terminate the Agreement. Upon such termination, the Recipient shall return to the City all funds paid in accordance with this Agreement within thirty (30) days following receipt of the written request from the City to do so. 7. This Agreement is not assignable without prior written consent of the City, in its sole discretion, and any assignment without the City’s prior written consent shall be deemed null and void. Innovate Fort Collins Challenge Grant Agreement - Spring Back Colorado, Inc. Page 1 of 9 DocuSign Envelope ID: B157617A-E934-40ED-BFD9-01E02C9B2212 8. If the Project involves a specific site, the Recipient hereby represents and warrants that they have the permission of the owner of the site upon which the Project will take place, and further represents and warrants that it is fully authorized to undertake the activities. 9. This Agreement shall terminate upon expiration of all performance periods, including but not limited to all requirements related to recordkeeping and auditing, as set forth herein. 10. At all times during the performance of this Agreement, the Recipient shall strictly adhere to all applicable federal, state and local laws, rules and regulations that have been or may hereafter be established. 11. The signatories maintain that, to the best of their knowledge, no City employee has a personal or financial interest whatsoever in the service or property described herein. While there may be City employees that work with the Recipient, no such employees are parties hereto or will receive payment through the receipt of the grant funds provided hereunder. 12. The Recipient shall indemnify, save and hold harmless the City, its officers, employees and agents against any and all claims, damages, liability and court awards, including costs, expenses and attorney fees incurred as a result of any act or omission by the Recipient, its employees, agents, subcontractors or assignees arising from their performance under this Agreement or arising from the Project. 13. Funds shall be payable to the Recipient in accordance with the following schedule: 2 payment(s) of $_____37,500_____, the first to be made within ten (10) days after the effective date of this Agreement, payable upon acceptance of this Agreement and receipt of invoice by the City. The second payment is payable upon review and acceptance of the six month report and receipt of invoice by the City. The City may suspend payment until any default under this Agreement has been cured, or, in the event of failure by the Recipient to cure any default or pay any amount due to the City that has become overdue and delinquent, within fifteen (15) days after written notice by the City, the City may terminate this Agreement and shall have no obligation to make any further payment hereunder. 14. The City of Fort Collins Environmental Services Department is subject to the Colorado Open Records Act (C.R.S. 24‐72‐101 through 24‐72‐112) (“Act”). Thus, documents and other materials received by ESD and its employees under this Agreement from the Recipient may be subject to public disclosure unless they fall within an exception under the Act. ESD will deny the right of inspection of records which the City believes are considered under the Act to be trade secrets, Innovate Fort Collins Challenge Grant Agreement - Spring Back Colorado, Inc. Page 2 of 9 DocuSign Envelope ID: B157617A-E934-40ED-BFD9-01E02C9B2212 privileged information, and confidential commercial and financial data, any of which Recipient must clearly indicate at the time it is provided to ESD. Upon receiving an official open records request, ESD will promptly notify the Recipient and as needed, seek legal guidance from the City Attorney. 15. If the Recipient is a corporation or other entity, the person signing this Agreement on behalf of the Recipient hereby affirms that he or she has authority to act on behalf of the Recipient and to bind the Recipient to the terms of this Agreement. 16. Additional terms and conditions specific to this Agreement are attached as Exhibit C and incorporated herein by this reference. AGREED BY: THE CITY OF FORT COLLINS, COLORADO: Spring Back Colorado, Inc. By: ________________________________ By: _____________________________________ Gerry Paul Title : ___________________________________ Director of Purchasing DATE: ______________________________ On Behalf of the Recipient Address: ________________________________ ATTEST: Phone: __________________________________ ____________________________________ _______________________________________ _______________________________________ APPROVED AS TO FORM: _______________________________________ ____________________________________ Innovate Fort Collins Challenge Grant Agreement - Spring Back Colorado, Inc. Page 3 of 9 DocuSign Envelope ID: B157617A-E934-40ED-BFD9-01E02C9B2212 President 303-358-8904 3875 Steele St Unit B Denver Assistant City Attorney ll 10/11/2017 City Clerk EXHIBIT A Scope of Work for IFCC Project: Spring Back CO The goal of the Innovate Fort Collins Challenge award is to provide funding for the expansion and growth of Spring Back North so that we can reach a greater market share than we currently have. This award will support and fund program development and implementation of life skill education for each of our employees through a certified counselor. In order to fully implement the expansion we are seeking operation support for staffing and ancillary support opportunities which include transportation assistance, computer training, hiring 2 new employees and providing them with warehouse operations certifications. We will innovate our recycling model with new or automated equipment purchases that will keep us market compatible and high functioning. We are intentional in creating a workplace training program that allows our employees the opportunity to improve their prospects for the future through education, to gain access to transportation, to gain transferable skills and become higher functioning citizens. We also want to continue our sustainable efforts in the reduction of the CO2 emissions that can be attained through proper mattress recycling and reduce the carbon footprint. Innovate Fort Collins Challenge Grant Agreement - Spring Back Colorado, Inc. Page 4 of 9 DocuSign Envelope ID: B157617A-E934-40ED-BFD9-01E02C9B2212 EXHIBIT B CITY OF FORT COLLINS Environmental Services Innovate Fort Collins Challenge Fund 2017: Annual Report Requirements Annual Progress Report & Award Responsibilities Each applicant that successfully receives funding from the Innovate Fort Collins Fund must submit a six month and annual report (2‐4 pages) documenting accomplishments, results achieved, community impact, and monetary and other returns if applicable. The final report must be electronically submitted to the Environmental Services within 15 days of the completed project date (due date specified in the Grant Agreement) or by Dec 14, 2018 for extended projects. Please utilize the format below, and contact us with any key questions or feedback. Project Name, Organization, Person Completing the Form and Contact Information Introduction In 1‐3 paragraphs, please describe the overall success of your project. Please be project specific, and tie results back to your metrics, goals and projected outcomes. Budget & Receipts Please provide documentation of how the City grant was allocated. Performance Metrics Please provide key metrics that indicate project reach, success, etc. This should include the following as well as project specific metrics indicated in the application: 1) Greenhouse Gas Reductions  Impact of the project to date  Projected impact at the end of the project (terminus of funding)  Projected impact at full scale 2) Partnerships and jobs created.  Total # of Part Time & Full Time Employees (FTE)  Total # of Jobs (Part Time & Full Time Employees)  Total # of collaborative partners involved. 3) Customers served and/or program participants.  Total # of participants (public, private, academic, etc.) For example: Businesses served, Student contact, 3) Dollars matched or leveraged.  Grants received / non‐profit capital accrued.  Private investment Innovate Fort Collins Challenge Grant Agreement - Spring Back Colorado, Inc. Page 5 of 9 DocuSign Envelope ID: B157617A-E934-40ED-BFD9-01E02C9B2212  Annual $ received by public entities (Local Governments, etc.)  In kind donations Self‐Evaluation  Did you achieve or exceed objectives outlined in the application?  What are your key lessons learned from the project?  Are there any aspects of the project that you would have done differently?  Is there anything else you learned that you would like to share? Testimonials  Please provide 1‐3 testimonials from project or community partners documenting the impact of the project.  What did City funding enable you to achieve that you would not have been able to otherwise? Follow Up  Please include what the next steps for your project are the coming year (12 months+).  Do you anticipate additional impacts in the next 3‐5 years based on your pilot? The City may ask for additional information in the future following the completion of your project. Innovate Fort Collins Challenge Grant Agreement - Spring Back Colorado, Inc. Page 6 of 9 DocuSign Envelope ID: B157617A-E934-40ED-BFD9-01E02C9B2212 Communications Toolkit City of Fort Collins and 2017 Innovate Fort Collins Challenge winners Background: The City of Fort Collins brand is recognized nationally – and in some cases globally – because of its climate action work. Most recently, in September 2017, C40 Cities Bloomberg Philanthropies Awards named the City one of 25 international finalists for climate action. The City brand has been developed to provide consistency in look, messaging and design styles as part of the City’s identity in the community. In August 2017, the City announced five winners of the first Innovate Fort Collins Challenge (IFCC). Purpose of this document: This document identifies roles and responsibilities and key messaging for IFCC winners regarding use of the City’s logo and name related to the IFCC. The City and IFCC winners can jointly promote their arrangement: • To meet the goals of both organizations. • To avoid mistakes or misinformation in marketing materials, websites and media related to specific City of Fort Collins references and/or funding. • To manage specific key messages or images that the City and the funded organizations want to portray. • To continually update City Council and the community on the progress being made by the partners. Stock paragraph when referencing City funding: • (Your organization) received funding from the City of Fort Collins through the 2017 Innovate Fort Collins Challenge, a competition for innovative projects that help achieve the community’s ambitious Climate Action Plan goals in waste, energy and transportation. Additional facts if needed: • Fort Collins in August 2017 awarded $265,000 to five projects in the Innovate Fort Collins Challenge to help the community reduce its carbon footprint by 2020 and beyond. EXHIBIT C Innovate Fort Collins Challenge Grant Agreement - Spring Back Colorado, Inc. Page 7 of 9 DocuSign Envelope ID: B157617A-E934-40ED-BFD9-01E02C9B2212 (Your organization) was one of five winners selected from 58 applications worth $5.5 million. The community aims to reduce greenhouse gas emissions 20 percent below 2005 levels by 2020 and 80 percent by 2030 with the goal of being carbon neutral by 2050. Logos/fonts: Use of the City logo needs to receive prior approval from the City's Creative Director. To request approval or for questions related to City references in marketing materials or on websites, please contact Emily Wilmsen at ewilmsen@fcgov.com or 970.221.6870. Fonts: Not applicable. The City may also request logos from the participants to share on the IFCC website, http://www.fcgov.com/innovate. Innovate Fort Collins Challenge Grant Agreement - Spring Back Colorado, Inc. Page 8 of 9 DocuSign Envelope ID: B157617A-E934-40ED-BFD9-01E02C9B2212 How can I use our logo, what colors are part of the City Brand and what fonts should I be using? LOGO USAGE The City of Fort Collins logo represents the organization as a whole and must always be legible and in its original form. No alterations, squeezing or manipulations are allowed. Contains variations that include Book, Italic, Narrow, Bold, Thin, Black, Ultra and more. Contains multiple variations that include Regular, Italic, Bold and Bold Italic. COLOR PALETTE The City has identified 10 colors that are part of our standard brand style. Below is the color breakdown provided for various needs and purposes. TYPEFACE 1: Used typically for design only (ie., posters, publications, flyers, etc.) TYPEFACE 2: Used for basic communication (ie., Word, PowerPoint, etc.) GOTHAM SUITE ARIAL CMYK: 100/60/0/85 RGB: 0/28/61 PMS: 295 Webcolor: #001C3D CMYK: 87/50/81/66 RGB: 1/50/32 PMS: 627 Webcolor: #013220 CMYK: 100/57/0/38 RGB: 0/70/127 PMS: 541 Webcolor: #003E74 CMYK: 56/71/76/78 RGB: 44/22/8 PMS: 1545 Webcolor: #2C1608 CMYK: 62/22/0/3 RGB: 86/159/211 PMS: 542 Webcolor: #001C3D CMYK: 0/88/86/36 RGB: 158/19/22 PMS: 1795 Webcolor: #9E1316 CMYK: 54/0/100/0 RGB: 136/176/75 PMS: 295 Webcolor: #84BD00 CMYK: 0/63/100/0 RGB: 255/126/0 PMS: 151 Webcolor: #FF7E00 CMYK: 83/39/100/50 RGB: 25/89/5 PMS: 357 Webcolor: #1945905 CMYK: 0/33/100/0 RGB: 255/179/0 PMS: 295 Webcolor: #FFB300 The City Brand has been developed to provide consistency in our look, messaging and design styles, and is an essential part of creating an identity throughout the community. Below is a quick look at our logo, color and font usage. For a more complete understanding of our Brand regarding design rules, signage, merchandise, apparel and more, please visit (Link to brand guide). Maastricht Blue Dark Green Cobalt Blue Zinnwaldite Brown Maya Blue Spartan Crimson Greenery Sae/Ece Amber Lincoln Green Gold Innovate Fort Collins Challenge Grant Agreement - Spring Back Colorado, Inc. Page 9 of 9 DocuSign Envelope ID: B157617A-E934-40ED-BFD9-01E02C9B2212