Loading...
HomeMy WebLinkAbout579127 BOWDITCH & CASSELL PUBLIC AFFAIRS - CONTRACT - RFP - 9462 LOBBYING9462 Lobbying Services Agreement 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 BOWDITCH & CASSELL PUBLIC AFFAIRS, LLC hereinafter referred to as "Consultant". 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 Consultant agrees to provide services in accordance with the scope of services attached hereto as Exhibit A, consisting of five (5) pages and incorporated herein by this reference. 2. Contract Period. This Agreement shall commence January 1, 2022 and shall continue in full force and effect until December 31, 2022 unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for additional one-year periods not to exceed four (4) additional one-year periods. Renewals and pricing changes shall be negotiated by and agreed to by both parties only at the time of renewal. Written notice of renewal shall be provided to the Consultant and mailed no later than thirty (30) days prior to contract end. 3. Delay. If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without its fault or negligence, then the party so prevented shall be excused from whatever performance is prevented by such cause. To the extent that the performance is actually prevented, the Consultant must provide written notice to the City of such condition within ten (10) days from the onset of such condition. 4. Early Termination by City/Notice. 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 Consultant. Such notice shall be delivered at least ten (10) 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 immediately when emailed or three business days from the date of the notice when mailed to the following addresses: Consultant: City: Copy to: Bowditch & Cassell Public Affairs Attn: Jennifer Cassell P.O. Box 40844 Denver, CO 80204 City of Fort Collins Attn: Ginny Sawyer PO Box 580 Fort Collins, CO 80522 gsawyer@fcgov.com City of Fort Collins Attn: Purchasing Dept. PO Box 580 Fort Collins, CO 80522 purchasing@fcgov.com DocuSign Envelope ID: 762F4C31-2055-4EF0-9BFF-0D1C19C657EC 9462 Lobbying Services Agreement In the event of early termination by the City, the Consultant shall be paid for services rendered to the date of termination, subject only to the satisfactory performance of the Consultant's obligations under this Agreement. Consultant shall submit a final invoice within ten (10) days of the effective date of termination. Undisputed invoices shall be paid Net 30 days of the date of the invoice. Such payment shall be the Consultant's sole right and remedy for such termination. 5. Compensation. The City shall pay the Consultant for the performance of this contract, subject to additions and deletions provided herein, Forty Thousand Dollars ($40,000) annually to be paid in quarterly installments of Ten Thousand Dollars ($10,000) in January, April, July, and October. The fee is all-inclusive. If applicable, any extraordinary out of pocket expenses require prior written approval by the City Representative. The Consultant shall email invoices to invoices@fcgov.com with a copy to the City Representative. The City is exempt from sales and use tax. The City’s Certificate of Exemption license number is 09804502. A copy of the license is available upon written request. The City pays invoices on Net 30 days from the date of the invoice. 6. Appropriation. To the extent this Agreement or any provision in it constitutes a multiple fiscal year debt or financial obligation of the City, it shall be subject to annual appropriation by City Council as required in Article V, Section 8(b) of the City Charter, City Code Section 8-186, and Article X, Section 20 of the Colorado Constitution. The City shall have no obligation to continue this Agreement in any fiscal year for which no such supporting appropriation has been made. 7. City Representative. The City will designate, prior to commencement of the work, its representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the services provided under this agreement. All requests concerning this agreement shall be directed to the City Representative. 8. Independent Service Provider. The services to be performed by Consultant are those of an independent service provider and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Consultant's compensation hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for any other purpose. 9. Subcontractors. Consultant 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 r equired 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 DocuSign Envelope ID: 762F4C31-2055-4EF0-9BFF-0D1C19C657EC 9462 Lobbying Services Agreement 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 Consultant. Irrespective of any subcontractors named in Exhibit A, Consultant shall be solely responsible for performance of all duties hereunder. 10. Personal Services. It is understood that the City enters into the Agreement based on the special abilities of the Consultant and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Consultant shall neither assign any responsibilities nor delegate any duties arising under the Agreement without the prior written consent of the City. 11. Acceptance Not Waiver. The City's approval or acceptance of, or payment for any of the services shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement or cause of action arising out of performance of this Agreement. 12. Warranty. a. Consultant warrants that all work performed hereunder shall be performed with the highest degree of competence and care in accordance with accepted standards for work of a similar nature. b. Unless otherwise provided in the Agreement, all materials and equipment incorporated into any work shall be new and, where not specified, of the most suitable grade of their respective kinds for their intended use, and all workmanship shall be acceptable to City. c. Consultant warrants all equipment, materials, labor and other work, provided under this Agreement, except City-furnished materials, equipment and labor, against defects and nonconformances in design, materials and workmanship/workwomanship for a period, the longer of; i) The original manufacturer’s warranty term; or ii). beginning with the start of the work and ending twelve (12) months from and after final acceptance under the Agreement, regardless whether the same were furnished or performed by Consultant or by any of its subcontractors of any tier. Upon receipt of written notice from City of any such defect or nonconformances, the affected item or part thereof shall be redesigned, repaired, or replaced by Consultant in a manner and at a time acceptable to City. 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 thereof. 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. DocuSign Envelope ID: 762F4C31-2055-4EF0-9BFF-0D1C19C657EC 9462 Lobbying Services Agreement 15. Entire Agreement; Binding Effect; Order of Precedence; Authority to Execute. This Agreement, along with all Exhibits and other documents incorporated herein, shall constitute the entire Agreement of the parties regarding this transaction 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. Covenants or representations not contained in this Agreement shall not be binding on the parties. In the event of a conflict between terms of the Agreement and any exhibit or attachment, the terms of the Agreement shall prevail. Each person executing this Agreement affirms that they have the necessary authority to sign on behalf of their respective party and to bind such party to the terms of this Agreement. 16. Indemnity/Insurance. a. The Consultant agrees to indemnify and save harmless the City, its officers, agents and employees against and from any and all actions, suits, claims, demands or liability of any character whatsoever brought or asserted for injuries to or death of any person or persons, or damages to property arising out of, result from or occurring in connection with the performance of any service hereunder. b. The Consultant shall take all necessary precautions in performing the work hereunder to prevent injury to persons and property. c. Without limiting any of the Consultant's obligations hereunder, the Consultant shall provide and maintain insurance coverage naming the City as an additional insured under this Agreement of the type and with the limits specified within Exhibit B, consisting of one (1) page, attached hereto, and incorporated herein by this reference. The Consultant before commencing services hereunder, shall deliver to the City's Purchasing Director, purchasing@fcgov.com or P. O. Box 580, Fort Collins, Colorado 80522, one copy of a certificate evidencing the insurance coverage required from an insurance company acceptable to the City. 17. Law/Severability. The laws of the State of Colorado shall govern the construction, interpretation, execution, and enforcement of this Agreement. The Parties further agree that Larimer County District Court is the proper venue for all disputes. If the City subsequently agrees in writing that the matter may be heard in federal court, venue will be in Denver District Court. 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. 18. Prohibition Against Unlawful Discrimination. The City, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US.C. §§ 2000d to 2000d-4) and the Regulations, affirmatively ensures that all contracts entered into with the City, disadvantaged business enterprises are afforded a full and fair opportunity to bid on the contract and are not to be discriminated against on the grounds of race, color, or national origin in consideration for an award. DocuSign Envelope ID: 762F4C31-2055-4EF0-9BFF-0D1C19C657EC 9462 Lobbying Services Agreement The City strictly prohibits unlawful discrimination based on an individual’s gender (regardless of gender identity or gender expression), race, color, religion, creed, national origin, ancestry, age 40 years or older, marital status, disability, sexual orientation, genetic information, or other characteristics protected by law. For the purpose of this policy “sexual orientation” means a person’s actual or perceived orientation toward heterosexuality, homosexuality, and bisexuality. The City also strictly prohibits unlawful harassment in the workplace, including sexual harassment. Further, the City strictly prohibits unlawful retaliation against a person who engages in protected activity. Protected activity includes an employee complaining that he or she has been discriminated against in violation of the above policy or participating in an employment discrimination proceeding. The City requires its vendors to comply with the City’s policy for equal employment opportunity and to prohibit unlawful discrimination, harassment and retaliation. This requirement applies to all third-party vendors and their subcontractors at every tier. 19. Governmental Immunity Act. No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the notices, requirements, immunities, rights, benefits, protections, limitations of liability, and other provisions of the Colorado Governmental Immunity Act, C.R.S. § 24-10-101 et seq. and under any other applicable law. 20. Prohibition Against Employing Workers Without Authorization. Pursuant to Section 8-17.5- 101, C.R.S., et. seq., Service Provider represents and agrees that: a. As of the date of this Agreement: 1) Service Provider does not knowingly employ or contract with a worker without authorization who will perform work under this Agreement; and 2) Service Provider 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. Service Provider shall not knowingly employ or contract with a worker without authorization to perform work under this Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts with a worker without authorization to perform work under this Agreement. c. Service Provider 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 Service Provider obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with a worker without authorization, Service Provider shall: DocuSign Envelope ID: 762F4C31-2055-4EF0-9BFF-0D1C19C657EC 9462 Lobbying Services Agreement 1) Notify such subcontractor and the City within three days that Service Provider has actual knowledge that the subcontractor is employing or contracting with a worker without authorization; and 2) Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with a worker without authorization; except that Service Provider 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 a worker without authorization. e. Service Provider 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 Service Provider 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, Service Provider shall be liable for actual and consequential damages to the City arising out of Service Provider’s violation of Subsection 8-17.5-102, C.R.S. g. The City will notify the Office of the Secretary of State if Service Provider violates this provision of this Agreement and the City terminates the Agreement for such breach. 21. Colorado Open Records Act. The City is subject to Sec. 24-72-201 et seq. of the Colorado Revised Statute (CORA). This Agreement is subject to public disclosure in whole pursuant to CORA. 22. Special Provisions. Special provisions or conditions relating to the services to be perform ed pursuant to this Agreement are set forth in Exhibit C - Confidentiality, consisting of one (1) page attached hereto, and incorporated herein by this reference. Signature Page Follows DocuSign Envelope ID: 762F4C31-2055-4EF0-9BFF-0D1C19C657EC 9462 Lobbying Services Agreement THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul, Purchasing Director Date: ATTEST: APPROVED AS TO FORM: BOWDITCH & CASSELL PUBLIC AFFAIRS, LLC By: Ed Bowditch, Partner Date: By: Jennifer Cassell, Partner Date: DocuSign Envelope ID: 762F4C31-2055-4EF0-9BFF-0D1C19C657EC 12/31/2021 1/6/2022 Assistant City Attorney 1/7/2022 Interim City Clerk 9462 Lobbying Services Agreement EXHIBIT A SCOPE OF SERVICES The Service Provider shall provide lobbying services on behalf of the City with respect to matters pending before the Colorado General Assembly. MINIMUM QUALIFICATIONS ▪ Registered Lobbyist in good standing in accordance with state/federal law ▪ No conflicts of interest serving as a Lobbyist for the City ▪ Familiar with municipal and other local government policies and operations, and in particular with the City of Fort Collins government and Legislative Agenda and Priorities ▪ Demonstrated effective working relationship with members of the Colorado General Assembly, the governor’s Office, executive branch staff, and various interest groups ▪ Established rapport with the Colorado Municipal League PRIMARY DUTIES ▪ Identify, review, and analyze state legislative or executive branch matters of potential importance to the City of Fort Collins and in alignment with the City of Fort Collins Legislative Policy Agenda. ▪ Utilize Capital Watch for bill tracking during the session. ▪ Provide advice, recommendations, and support services including but not limited to correspondence, briefing papers, talking points, written summaries, and materials to the City on proposed legislation that may have financial or operational impacts to the City. ▪ Advise and consult with the appropriate City officials and employees, and take action to mitigate potentially harmful and promote helpful legislation. ▪ Coordinate and participate in scheduled conference calls or meetings with City staff and the Legislative Review Committee. The lobbyist must be available for such consultation on a regular basis as requested, and in accord with the ebb and flow of legislative work over the course of the annual legislative session. ▪ Services will include but not be limited to direct lobbying, consultation with the Colorado Municipal League, strategic analysis and communication of interests on behalf of the City. ▪ Communicate the City’s position to our local state elected, the Governor’s Office or staff as appropriate. ▪ Meet with legislators and testify at committee hearings as necessary. ▪ Work with General Assembly members to sponsor and pass legislation supported by the City of Fort Collins Legislative Agenda DocuSign Envelope ID: 762F4C31-2055-4EF0-9BFF-0D1C19C657EC 9462 Lobbying Services Agreement SPECIFIC TASKS ▪ Identify legislation that might impact the finances or operations of the City, notify the appropriate contact at the City in a timely manner that such legislation has or may be introduced, and assist in developing legislative positions on such legislation when requested. ▪ Assist the City in developing a lobbying strategy to achieve the desired legislative result. ▪ Assist the City to draft legislation and amendments to bills that have been introduced and identify appropriate sponsors to propose amendments or carry such legislation. ▪ Advocate or assist City staff to communicate City positions directly to legislators, before legislative committees, and occasionally State Executive Branch Departments, by arranging for or testifying at hearings, conducting face to face lobbying, and negotiating with other interested parties on matters of interest. ▪ As requested by representatives of the City, attend meetings of legislative or policy advocacy committees of organizations to which the City belongs. ▪ As requested attend legislative receptions or events hosted by the City or others that furthers the City’s legislative goals. ▪ As requested, assist with planning and logistics for and attend legislative receptions. Provided below is a comprehensive list of services that we will provide by the Service Provider for the City. a. State Legislative Engagement The Service Provider will ensure the City is fully engaged in legislative activities at the Capitol and will work to ensure the City’s legislative priorities are achieved. The Service Provider anticipates using the Fort Collins Legislative Guide as the guiding resource. • Legislative Planning. Planning is an essential part of the legislative process, and the City needs to be strategic to maximize the effectiveness of its legislative, budgetary, and administrative efforts. In conjunction with the City, the Service Provider will work to identify the most effective and efficient strategy based on the legislative makeup and legislative climate to accomplish the City’s goals. o Should the City want to initiate legislation or amendments to legislation, the Service Provider will coordinate all the logistics for proposing legislation – this includes securing appropriate legislative sponsors, gathering support from legislative leadership, working with stakeholders to build a coalition, counting votes, and other activities to ensure we have success in passing legislation during the session. DocuSign Envelope ID: 762F4C31-2055-4EF0-9BFF-0D1C19C657EC 9462 Lobbying Services Agreement • Legislative Tracking. The Service Provider will review and monitor all legislation introduced during the legislative session. Once bills are introduced that have any impact on the finances or operations of the City, the Service Provider will report to the City as soon as possible in order to develop the appropriate response and position. The Service Provider will track bills of interest through the entire legislative process to be alert to any changes to the bills. • Lobbying. Once the City has taken a position on a piece of legislation, the Service Provider will work with the Fort Collins delegation, northern Colorado legislators, members of the executive branch, and other interested parties to make them aware of the City’s position, and then develop the proper strategy to ensure the bill passes or is defeated. This will include coordinating any amendments with legislative sponsors, counting votes on the floor and in committees, and developing coalitions, to successfully pass, amend, or defeat bills and budget requests. o When a bill of interest is scheduled for a vote in a committee or chamber, the Service Provider will work to educate legislators on the impact and implications of the bill. The Service Provider will walk them through the intrinsic details to ensure they understand the importance of the bill, and then identify vote counts to ensure the bill successfully or unsuccessfully passes every stage of the legislative process. • Budget Lobbying and Tracking. The Service Provider tracks the Joint Budget Committee (JBC) action closely throughout the year. This includes attending regular meetings of the JBC, tracking the state budget process, and watching the JBC sponsored legislation throughout the process. Should the City have a budgetary action, the Service Provider will meet with every member of the JBC to discuss the importance of the budget request. The Service Provider will then lobby the members of the JBC to ensure the request becomes part of the Long Bill. • Assistance with the Executive Branch. The Service Provider will assist the City in working with the administration and state agencies. • State Regulatory Tracking. The Service Provider will monitor the activities of various state departments, and have experience participating in and promoting its clients’ interests during rulemaking hearings for myriad state departments. • Interim Committee Tracking. Committees that meet during the interim could discuss and develop legislation that has an impact on the City, and we will track appropriate interim committee activities. We will also watch for legislation during the session that proposes studies, task forces, and committee reviews during the interim. DocuSign Envelope ID: 762F4C31-2055-4EF0-9BFF-0D1C19C657EC 9462 Lobbying Services Agreement • Coalition and Stakeholder Building. Other entities at the Capitol can help the City in pursuing its priorities and we will work to build, and actively participate in, a coalition of other interested parties for additional support. We anticipate working closely with other cities and local government entities including Colorado Municipal League, Special District Association, Association of Police Chiefs, Colorado Counties Inc., Counties and Commissioners Acting Together, Colorado Communities for Climate Action, and various individual cities, advocacy organizations, and groups with shared interests. b. Communications and Outreach to Legislators The Service Provider will remain in constant communication with legislators and executive branch staff on issues of importance to the City and communicate any and all positions taken by the City. • Relationships with Legislators. To solidify relationships with legislators, the Service Provider will arrange for City officials and staff to meet with legislators representing the City over breakfast, lunch, or coffee. These will provide a social platform to engage legislators and a constructive way for the City and legislators to discuss what issues they see on the legislative horizon. Further, the Service Provider will help coordinate and attend legislative receptions that the City chooses to host. The Service Provider would encourage these interactions to maintain strong relationships with the legislative delegation. • Legislator Contacts. The Service Provider will be the point people for all legislator requests and will communicate the legislative priorities and positions on various bills to members of the General Assembly and the executive branch. In addition, the Service Provider will communicate any legislative requests and questions from legislators back to the City promptly. • Work with the City of Fort Collins Legislative Delegation. The Service Provider anticipate being in close communication with the City’s legislative delegation (and that of northern Colorado) on a regular basis to ensure they are informed of City decisions, issues, and positions. • Position Papers and Fact Sheets/Briefing Papers. Fact sheets and briefing papers are efficient ways to communicate positions on bills with legislators. The Service Provider will work with the City to put together concise and engaging position papers on single bills that are of critical importance to the City. In addition, the Service Provider will compose one general fact sheet that lists all the bills the City supports and/or opposes during the legislative session. These papers will be distributed to legislators in a timely manner throughout the session. DocuSign Envelope ID: 762F4C31-2055-4EF0-9BFF-0D1C19C657EC 9462 Lobbying Services Agreement • Testimony for Legislative Hearings. Testifying in front of a legislative hearing is an impactful way to educate and provide guidance to legislators. The Service Provider will alert the City when bills of interest are scheduled for committee hearings, and then arrange for City officials and employees to testify in person or remotely. The Service Provider can help develop talking points and provide guidance to those individuals testifying. In the event that a City representative is unable to testify, the Service Provider will testify on behalf of the City. c. Communications and Engagement with the City The Service Provider will keep City leadership informed of all actions and activities at the Capitol and will be available for communications at any time. • Communications with the Legislative Review Committee. The Service Provider anticipate being in regular communication with the LRC to analyze legislation, provide strategic advice, and share perspectives and information on issues and legislation. This includes participating in scheduled LRC meetings, conference calls, and zooms as often as needed and as requested. In addition, the Service Provider will communicate with the LRC via email, text, and phone when issues of importance arise. • Weekly Reports. The Service Provider will provide regular reports and updates as mutually agreed. These reports will be a concise, yet detailed overview of legislative activities so that the City is well informed. These reports will be sent via email. When the legislative session is over, the Service Provider will send a general session overview highlighting the important issues to the City. • Bill Tracking Reports. During the legislative session, the Service Provider will utilize online reporting databases (Capitol Watch and Statebill) that are updated in real-time, and show the status of each bill of interest in the legislative process. These databases are the go-to tool for the City to find a variety of information on bills such as positions, fiscal impacts, media stories, sponsors, and hearing dates. • City Council Meetings. The Service Provider can attend the City of Fort Collins Council meetings to discuss legislation and give legislative reports, updates, and summaries of activities at the Capitol. The Service Provider will also use these opportunities as a way to educate ourselves on issues important to the City. • Reports During the Interim. When the legislature is not in session, the Service Provider will provide periodic reports to update the City on emerging issues of interest. This can include reports on state revenue estimates, meetings of the legislative Joint Budget Committee and Office of State Planning and Budgeting, or any legislative interim committees. Furthermore, the Service Provider will prepare a legislative review that provides an overview of what occurred in the legislative session. DocuSign Envelope ID: 762F4C31-2055-4EF0-9BFF-0D1C19C657EC 9462 Lobbying Services Agreement EXHIBIT B INSURANCE REQUIREMENTS The Consultant 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 Consultant shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies. 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 Consultant, 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 Consultant under this Agreement. Insurance certificates should show the certificate holder as follows: City of Fort Collins Purchasing Division PO Box 580 Fort Collins, CO 80522 The City, its officers, agents and employees shall be named as additional insureds on the Consultant 's general liability and automobile liability insurance policies by marking the appropriate box or adding a statement to this effect on the certificate, for any claims arising out of work performed under this Agreement. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The Consultant shall maintain during the life of this Agreement for all of the Consultant's employees engaged in work performed under this agreement. Workers' Compensation & Employer’s Liability insurance shall conform with statutory limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee, or as required by Colorado law. B. General Liability. The Consultant shall maintain during the life of this Agreement such General Liability 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 General Liability, shall not be less than $1,000,000 combined single limits for bodily injury and property damage. C. Automobile Liability. The Consultant shall maintain during the life of this Agreement such 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 Automobile Liability, shall not be less than $1,000,000 combined single limits for bodily injury and property damage. In the event any work is performed by a subcontractor, the Consultant 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. DocuSign Envelope ID: 762F4C31-2055-4EF0-9BFF-0D1C19C657EC 9462 Lobbying Services Agreement EXHIBIT C CONFIDENTIALITY IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the “City”) pursuant to this Agreement (the “Agreement”), the Consultant 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 Consultant has agreed to perform, the Consultant 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 Consultant 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 Consultant shall not disclose any such information to any person not having a legitimate need-to-know for purposes authorized by the City. Further, the Consultant 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 Consultant 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 Consultant 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 Consultant ceases to perform services for the City, or the City so requests for any reason, the Consultant 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 Consultant understands and agrees that the City’s remedies at law for a breach of the Consultant’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. DocuSign Envelope ID: 762F4C31-2055-4EF0-9BFF-0D1C19C657EC WLTR005 THE HARTFORD BUSINESS SERVICE CENTER 3600 WISEMAN BLVD SAN ANTONIO TX 78251 December 31, 2021 City of Fort Collins PO Box 580 FORT COLLINS CO 80522 Account Information: Policy Holder Details :BOWDITCH & CASSELL PUBLIC AFFAIRS LLC Contact Us Business Service Center Business Hours: Monday - Friday (7AM - 7PM Central Standard Time) Phone:(866) 467-8730 Fax:(888) 443-6112 Email:agency.services@thehartford.com Website:https://business.thehartford.com Enclosed please find a Certificate Of Insurance for the above referenced Policyholder.Please contact us if you have any questions or concerns. Sincerely, Your Hartford Service Team DocuSign Envelope ID: 762F4C31-2055-4EF0-9BFF-0D1C19C657EC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 12/31/2021 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 policy(ies)must be endorsed.If SUBROGATIONIS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER STAILEY INSURANCE CORPORATION/PHS 34344643 The Hartford Business Service Center 3600 Wiseman Blvd San Antonio, TX 78251 CONTACT NAME: PHONE (A/C, No, Ext): (866) 467-8730 FAX (A/C, No): (888) 443-6112 E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC# INSURED BOWDITCH & CASSELL PUBLIC AFFAIRS LLC PO BOX 40844 DENVER CO 80204-0844 INSURER A : Sentinel Insurance Company Ltd.11000 INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/Y YYY)LIMITS A COMMERCIAL GENERAL LIABILITY X 34 SBA II3294 01/13/2022 01/13/2023 EACH OCCURRENCE $1,000,000 CLAIMS-MADE X OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence)$1,000,000 X General Liability MED EXP (Any one person)$10,000 PERSONAL & ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $2,000,000 POLICY PRO- JECT X LOC PRODUCTS - COMP/OP AGG $2,000,000 OTHER: A AUTOMOBILE LIABILITY 34 SBA II3294 01/13/2022 01/13/2023 COMBINED SINGLE LIMIT (Ea accident)$1,000,000 ANY AUTO BODILY INJURY (Per person) ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) X HIRED AUTOS X NON-OWNED AUTOS PROPERTY DAMAGE (Per accident) UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS- MADE EACH OCCURRENCE AGGREGATE DED RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N/ A PER STATUTE OTH- ER Y/N E.L. EACH ACCIDENT E.L. DISEASE -EA EMPLOYEE E.L. DISEASE - POLICY LIMIT A EMPLOYMENT PRACTICES LIABILITY 34 SBA II3294 01/13/2022 01/13/2023 Each Claim Limit Aggregate Limit $10,000 $10,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Those usual to the Insured's Operations. Certificate holder is an additional insured per the Business Liability Coverage Form SS0008 attached to this policy. CERTIFICATE HOLDER CANCELLATION City of Fort Collins PO Box 580 FORT COLLINS CO 80522 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03)The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID: 762F4C31-2055-4EF0-9BFF-0D1C19C657EC EXHIBIT ___ CERTIFICATE OF EXEMPTION FROM STATUTORY WORKERS’ COMPENSATION LAW AND ACKNOWLEDGEMENT OF RISK/HOLD HARMLESS AGREEMENT I, _________________________________ , as an owner / member / partner / stockholder (circle one) in ______________________________________ (insert business name), a Sole Proprietorship / Limited Liability Company / Partnership / Corporation (circle one), with a principal address of _________________________________________________ , certif y to the City of Fort Collins, Colorado (the “City”) that the aforementioned business has no employees as defined by the Workers’ Compensation Act of Colorado, C.R.S. §§ 8-40-101, et seq., (the “Act”) other than those owners, members, partners, directors or other principals that have elected to be exempt from Workers’ Compensation coverage in accordance with Colorado law. On behalf of said business and its officers, agents, insurers, heirs, legal representatives, successors and assigns (collectively the “Business”), I warrant that I have full authority to execute this Exhibit on behalf of the Business. I warrant I understand the requirements of the Act with respect to providing Workers’ Compensation coverage for any employees of the Business. If the Business’s status changes in such a manner that requires Workers’ Compensation Insurance, the Business shall provide the City with a Certificate of Insurance evidencing proof of Workers’ Compensation Insurance coverage and Employer’s Liability Insurance coverage as required by the Agreement. The Business shall provide such Certificate of Insurance prior to the employees’ start of work for the City. On behalf of the Business, I acknowledge the Business may be contracting to engage in activities that involve a risk of personal injury, that the Business is capable of performing the activities, and that the Business shall take all necessary precautions to prevent injury. The Business does hereby waive, release and forever discharge and hold harmless the City, its officers, employees, agents and insurers from any and all liability, damages, claims, causes of action and demands with respect to any bodily injury, personal injury, illness, or death that may result from the performance of the Agreement, either in law or equity, whether caused by the negligence or breach of contract of the City its officers, employees, agents and insurers or otherwise. The Business also understands that the City, its officers, employees, agents and insurers do not assume any responsibility for, or obligation to, provide the Business with financial assistance or other assistance, including but not limited to medical, health, or disability insurance in the event of any bodily injury, personal injury, illness or death The Business agrees to defend, indemnify, and hold harmless the City from any and all such claims. As an independent contractor, the Business acknowledges that neither the Business nor any person employed by or serving the Business is entitled to workers’ compensation benefits from the City. The Business hereby waives any rights or claims to workers’ compensation benefits from the City, and agrees to indemnify and hold the City harmless against any claims for such benefits by any officer, director, owner, employee, or servant of the Business or any other person claiming through the Business. By signing this Certificate, the Business acknowledges that it is responsible and liable for all work-related injuries, and further requests the City waive its requirement for evidence of Workers’ Compensation Insurance. P.O. Box 40844, Denver, CO 80204 Bowditch & Cassell Public Affairs Jennifer Cassell DocuSign Envelope ID: 762F4C31-2055-4EF0-9BFF-0D1C19C657EC BUSINESS: By: Printed: Title: Date: Bowditch & Cassell Public Affairs Jennifer Cassell Manager 01/05/2021 DocuSign Envelope ID: 762F4C31-2055-4EF0-9BFF-0D1C19C657EC