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HomeMy WebLinkAboutresolution.council.035-06 RESOLUTION NO. ~tj Series of 2006 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT FOR PRODUCING A GLOBAL WARMING CONFERENCE, BETWEEN THE CITY OF ASPEN AND SUSTAINABLE CONFERENCES, INC., AND AUTHORIZING THE MAYOR OR CITY MANAGER TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council a contract to produce a conference on global warming, between the City of Aspen and Sustainable Conferences, Inc., a true and accurate copy of which is attached hereto as Exhibit "A"; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ASPEN, COLORADO: That the City Council of the City of Aspen hereby approves that Contract for producing a conference on global warming, between the City of Aspen and Sustainable Conferences, Inc., a copy of which is annexed hereto and incorporated herein, and does hereby authorize the Mayor or City Manager to execute said agreement on behalf of the City of Aspen. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the ~ay of 7dJ~006. I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council ofthe City of Aspen, Colorado, at a meeting held on the day hereinabove stated. bt~r2~ Kathryn S. K , City Clerk DJR- saved: 4/2612006-264.C:\Documents and Settings\danr\Desktop\SC Ine Contract rcso.doc ~ CONTRACT BETWEEN THE CITY OF ASPEN AND SUSTAINABLE CONFERENCES, INC. 1. Parties. This Contract is made and entered into by and between the City of Aspen whose address is 130 S. Galena Street Aspen, CO 81611; and Sustainable Conferences, Inc. (Contractor), whose address is 524 W. Laurel Street, #4, Fort Collins, Colorado 80521 2. Puruose of Contract. The purpose of this Contract is the promotion of climate action to address global warming by holding a conference (Aspen Global Cooling Conference I Aspen Climate Action Conference) targeted toward resorts and resort communities. 3. Term of Contract and Required Approvals. This Contract shall commence on April 23, 2006 or upon the date the last signature is affixed hereto, whichever is later, and shall terminate on Oct 14th, 2006, unless otherwise amended or terminated in accordance with the terms and conditions specifically provided herein. All services shall be completed during this term. This Contract may be renewed annually by agreement ofboth parties in writing and subject to the required approvals. There is no right or expectation of renewal and any renewal will be determined at the discretion of the City of Aspen. 4. Pavmeat. City agrees to pay Contractor for the services described in Attachment A. The total payment under this Contract shall not exceed thirty thousand dollars ($30,000) and paid upon receipt of Invoice from Sustainable Conferences, Inc. No payment shall be made for services performed before the date upon which the last required signature is affIXed to this Contract. 5. Resoouibilities of Contractor. The services to be provided by Contractor are described in Attachment A. which is attached and made a part of this Contract. 6. ResDOll8ibilities of City of AsDell. The City of Aspen, as primary sponsor of the conference, will assist in an advisory role as time and resources are available to support the conference. 7. Soeeial Provisions. A. Publidty. Any publicity given to the program or services provided herein, including, but not limited to, nntices, information, pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Contractor, shall identify the City of Aspen as a conference sponsor. 8. General Provisions. A. Amendmenls. Any changes, modifications, revisions or amendments to this Contract which are mutually agreed upon by the parties to this Contract shall be incorpomted by written instrument, executed and signed by all parties to this Contract. B. Applicable LawNeaue. The construction, interpretation and enforcement of this Contract shall be governed by the laws of the State of Colorado. C. AssigDmentlContraet Not Used as Collateral. Neither party shall assign or otherwise transfer any of the rights or delegate any of the duties set forth Services Contmct between the City of Aspen and Sustainable Conferences, Inc. in this Contract without the prior written consent of the other party. The Contractor shall , not use this Contract, or any portion thereof, for collateml for any financial obligation, without the prior written permission of the City of Aspen. D. Assumptiou of Risk. The Contractor shall assume the risk of any loss of funding, either administmtive or progmm dollars, due to the Contractor's failure to comply with state or fedeml requirements. The City of Aspen shall notifY the Contractor of any state or fedeml determination of noncompliance. E. Compliance with Laws. The Contractor shall keep informed of and comply with all applicable federal, state and local laws and regulations in the performance of this Contract. F. Entirety of Contract. This Contract, including Attachment A, represents the entire Services Contract between City of Aspen and Sustsinable Conferences, Inc. This contmct between the parties supersedes all prior negotiations, representations, and agreements, whether written or omI. G. Etbies. Contractor sball comply with any and all ethical standards' governing Contractor's profession, and any applicable statutes, rules, regulations or standards governing contracting with a municipal government. H. Extensions. Nothing in this Contract sball be interpreted or deemed to create an expectation that this Cootmct will be extended beyond the term described herein. Any extension of this Contract shall be initiated by the City of Aspen, and sball be effective only after it is reduced to writing and executed by all parties to this Contract. . I. Foree Majeure. Neither party shall be liable for failure to perform under this Contract if such failure to perform arises out of causes beyond the control and without the fault or negligence of the non-performing party. Such causes may include, but are not limited to, acts of God or the public enemy, fires, floods, epidemics, quamntine restrictions, freight embargoes, and unusually severe weather. This provision shall become effective only if the party failing to perform immediately notifies the other party of the extent and nature of the problem, limits delay in performance to that required by the event, and takes all reasonable steps to minimize delays. This provision shall not be effi:ctive unless the failure to perform is beyond the control and without the fault or negligence of the non-performing party. J. Indemnification. The Contractor sball indemnifY, defend and hold harmless the City of Aspen, and their officers, agents, employees, successors and assignees from any and all claims, lawsuits, losses and liability arising out of Contractor's failure to perform any of Contractor's duties and obligations hereunder or in connection with the negligent performance of Contractor's duties or obligations, including but not limited to any claims, lawsuits, losses or liability arising out of Contractor's malpmctice. K. Independent Co.tractor. The Contractor shall function as an independent contmctor for the purposes of this Contract, and shall not be considered an employee of the City of Aspen for any purpose. The Contractor shall assume sole responsibility for any debts or liabilities that may be incurred by the Contractor in fulfilling the terms of this Contract, and sball be solely responsible for the payment of all federal, state and local taxes which may accrue because of this Contract. Nothing in this Contract shall be interpreted as authorizing the Contmctor or its agents and/or employees to act as an agent or representative for or on behalf of the City of Aspen, or to incur any obligation of any kind on the behalf of the City of Aspen. The Contractor agrees that no healthlhospitalization benefits, workers' compensation and/or similar benefits available to City of Aspen employees will inure to the benefrt of the Contractor or the Contractor's agents and/or employees as a result of this Contract. ~ 1,. Kickbacks. The Contractor certifies and warmnts that no gratuities, kickbacks or contingency fees were paid in connection with this Contract, nor were any fees, commissions, gifts, or other considemtions made contingent upon the award of this Contmct. If the Contractor breaches or violates this warmnty, the City of Aspen may, at its discretion, terminate this Contract without liability to the City of Aspen, or deduct from the Contract price or considemtion, or otherwise recover, the full amount of any commission, percentage, brokerage, or contingency fee. M. Notices. All notices arising out of, or from, the provisions of this Contract sball be in writing and given to the parties at the address provided under this Contract, either by regular mail or delivery in person. Any change of address must be provided in writing to both parties. N. Severability. Should any portion of this Contract be judicially determined to be illegal or unenforceable, the remainder of this Contract shall continue in full force and effect, and either party may renegotiate the terms affected by the severance O. Tues. The Contractor shall pay all taxes and other such amounts required by federal, state and local law, including but not limited to fedeml and social security taxes, wOlxers' compensation, unemployment insumnce and sales taxes. P. Waiver. No term or condition of this Contract shall be held to be waived, modified, or deleted except by an instrument, in writing, signed by the parties. THE REMAINDER OF TIllS PAGE HAS BEEN INTENTIONALLY LEFT BLANK .. 9. Si2Datures. In witness thereof, the parties to this Contract, either personally or through their duly authorized representatives, have executed this Contract on the days and dates set out below, and certifY that they have read, understood, and agreed to the terms and conditions of this Contract. The effective date of this Contract is the date of the signature last affixed to this page. d'- ---;f" -c?- Date ~ Date Jo Attachment A Conference Concept: Aspen Global Cooling Conference Climate Action fO,. Resorts and Communities October 11-13'",2006 . Conference Premise: Climate change resulting from greenhouse gas emissions offers leadership challenges and opportunities for resorts and communities in all climate zones, from waterfront to high alpine. . Attendees will learn how communities are protecting their future by taking actions (adaptations, emissions reductions, and advocacy) that address global climate change. Kevnote Topics: . Climate science and impacts . Emissions reductions and possibilities . Innovations and adaptations . Advocacy and Collabomtion - public and private Workshop Content Focus : . Adoption of Renewables- Options And Incentives . Energy efficiency in: o Buildings o Tmnsportation (air and ground) o Electricity genemtion . Education and communication on climate action . Purchasing With A Mission: Pollution Prevention . Management Systems - integmtion into organizations ResoonsibUities of Contractor . Produce and submit a project plan to include agenda development, logistics, marketing and communications for review and acceptance by the City of Aspen. . The Contmct shall provide through the completion of the work, the following outcomes: o The Contractor shall plan and hold a conference for resorts and communities interested in global warming impacts and climate action. o The Contractor shall, with concurrence from the City of Aspen, determine a suitable site for the conference. o The Contractor shall develop a mailing list and other mechanisms for advertising and sball promote the conference in a timely and effective fashion. o The Contractor shall be responsible for all aspects of the conference, including but not limited to: securing speakers, making tmvel armngements, determining conference registration fees and other logistical considemtions. o The Contractor shall inform and provide frequent updates for ongoing review and feedback by the City of Aspen. . The Contractor shall use its best efforts to solicit other funding, particularly private contributions, to expand the conference beyond the thirty thousand ($30,000) provided through this Contract. Conference Overview . 2.5--day conference . Mini-fihn festival . Keynote Speakers . Plenary sessions . Interactive - smaller - workshops. . Evening networking receptions. . Expected attendance: 200-300. Benefits as SooDSOr High profile opportunity as presenting sponsor: . Logo on Home page website . Logo on Front page of conference program . Verbal mention on press releases . Verbal mention on email blasts . Logo & name recognition on-site and on-stage banners - approximately 200-300 attendees. Positive Community Relations: . Keynote Speaker opportunity. 10 conference passes Conference Concept: Aspen Sustainable Resorts Conference Actions & Practices for Business & Communities Late September 2006 (during peak color change) . Conference Premise: Climate change resulting from greenhouse gas emissions offers leadership challenges and opportunities for resort communities in all climate zones, from waterfront to high alpine. · Attendees (counties, municipalities, resorts) will learn how resorts and gateway communities are protecting their businesses by taking actions that address global climate change. Kevnote Topics: . Climate impacts in resort communities . Collaborative strategies for municipal governments, utilities & resorts . Investment strategies and mechanisms that support climate change action Workshon Tracks / Smaller Groun Tonics: · Renewable Energy - Options And Incentives . High Performance (and Low Polluting) Buildings . Golf, Grounds, and Landscapes . Heets And Fuels: Driving Down Emissions . Education, Communication and Marketing Climate Change Actions . Purchasing With A Mission: Pollution Prevention . Management Systems - Tying It All Together Oreanizers' Backeround: · Sustainable Conferences was founded in '04 by John Gitchell and Katie Hoffner . Staged & Organized 7 Green Building Conferences, including; o 3 Teton Green Building Conferences o Denver Green Building Conference o Sun Valley Sustainable Conference o Aspen Green Building Conference o Glenwood Green Building Workshop . Attendance Average - l40 Building Professionals . Very Positive Feedback from Sponsors, Attendees & Exhibitors . Small, Hexible, Efficient Operation . Passionate Advocates of Environmental Education . Database of 20,000+ names . More details at www.SustainableConferences.com Gettinl! Started: . Secure Title Sponsor(s) @ $30K . Choose Conference Site & Dates . Build Website . Finalize Agenda Outline · Source Speakers . Deliver lst Email Newsletter by early June Contact Info: John Gitchell- Conference Organizer/Agenda Phone - 970-484-3995 Email-John@SustainableConferences.com Katie Hoffner - Conference Organizer/Marketing Phone - 970-227-7513 Email-Katie@SustainableConferences.com Sustmnable- Conferences Inc