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HomeMy WebLinkAboutDEL CORAZON CONSULTING INC. - CONTRACT - AGREEMENT MISC - DEL CORAZON CONSULTING, INC.Misc 2022 - Professional Services Agreement Del Corazon Consulting, Inc. Page 1 of 15 PROFESSIONAL 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 DEL CORAZON CONSULTING, INC., hereinafter referred to as the "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 for Water Adequacy Development Review (WADR) Consulting Services in accordance with the scope of services attached hereto as Exhibit A, consisting of seven (7) pages, and incorporated herein by this reference. Irrespective of references in Exhibit A to certain named third parties, the Professional shall be solely responsible for performance of all duties hereunder. 2. Contract Period. This Agreement shall commence upon date of execution, and shall continue in full force and effect until June 30, 2023, unless sooner terminated as herein provided 3. 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 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: Professional: City: Copy to: Del Corazon Consulting, Inc. Attn: Marjo Curgus POB 1530 Salida, CO 81201 DelCorazonConsulting@gmail.com City of Fort Collins Attn: Jenny Axmacher PO Box 580 Fort Collins, CO 80522 JAxmacher@fcgov.com City of Fort Collins Attn: Purchasing Dept. PO Box 580 Fort Collins, CO 80522 purchasing@fcgov.com In the event of early termination by the City, the Professional shall be paid for services rendered to the date of termination, subject only to the satisfactory performance of the Professional's obligations under this Agreement. Professional 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 Professional's sole right and remedy for such termination. 4. 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, DocuSign Envelope ID: 7A44DCD6-B25A-4C85-8AB3-4E606DAA5959 Misc 2022 - Professional Services Agreement Del Corazon Consulting, Inc. Page 2 of 15 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 attorney’s 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 insurance in accordance with Exhibit B, consisting of one (1) page, attached hereto and incorporated herein. 5. Compensation. In consideration of the services to be performed pursuant to this Agreement, the City agrees to pay the Professional on a time and reimbursable direct cost basis in accordance with Exhibit A, consisting of seven (7) pages, attached hereto and incorporated herein, with maximum compensation (for both Professional's time and reimbursable direct costs) not to exceed Ten Thousand Dollars ($10,000). Monthly partial payments based upon the Professional's billings and itemized statements of reimbursable direct costs 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 reimbursable direct costs. 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. Invoices shall be emailed to invoices@fcgov.com with a copy to the Project Manager. The cost of the work completed shall be paid to the Professional following the submittal of a correct itemized invoice by the Professional. 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. License. Upon execution of this Agreement, the Professional grants to the City an irrevocable license to use any and all sketches, drawings, specifications, designs, blueprints, data files, calculations, studies, analysis, renderings, models and other Work Order deliverables (the “Instruments of Service”), in any form whatsoever and in any medium expressed, for purposes of constructing, using, maintaining, altering and adding to the project, provided that the City substantially performs its obligations under the Agreement. The license granted hereunder permits the City and third parties reasonably authorized by the City to reproduce applicable portions of the Instruments of Service for use in performing services or construction for the project. In addition, the license granted DocuSign Envelope ID: 7A44DCD6-B25A-4C85-8AB3-4E606DAA5959 Misc 2022 - Professional Services Agreement Del Corazon Consulting, Inc. Page 3 of 15 hereunder shall permit the City and third parties reasonably authorized by the City to reproduce and utilize the Instruments of Service for similar projects, provided however, in such event the Professional shall not be held responsible for the design to the extent the City deviates from the Instruments of Service. This license shall survive termination of the Agreement by default or otherwise. 8. 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. 9. 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. 10. 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. 11. Subcontractors/subconsultants. The 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/subconsultant 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/subconsultant 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/subconsultant and the City, nor will it obligate the City to pay or see to the payment of any subcontractor/subconsultant, and (d) the Work of the subcontractor/subconsultant will be subject to inspection by the City to the same extent as the Work of the Professional. The Professional shall require all subcontractor/subconsultants performing Work hereunder to 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 Professional shall maintain a copy of each subcontract’s certificate evidencing the required insurance. Upon request, the Professional shall promptly provide the City with a copy of such certificate(s). 12. Personal Services. It is understood that the City enters into the Agreement based on the DocuSign Envelope ID: 7A44DCD6-B25A-4C85-8AB3-4E606DAA5959 Misc 2022 - Professional Services Agreement Del Corazon Consulting, Inc. Page 4 of 15 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. 13. Acceptance Not Waiver. The City's approval of drawings, designs, plans, specifications, reports, and incidental work or materials furnished hereunder shall not in any way relieve the Professional of responsibility for the quality or technical accuracy of the Work. The City's approval or acceptance of, or payment for, any of the services shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement. 14. 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. 15. 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 themselves 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. 16. 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. 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 DocuSign Envelope ID: 7A44DCD6-B25A-4C85-8AB3-4E606DAA5959 Misc 2022 - Professional Services Agreement Del Corazon Consulting, Inc. Page 5 of 15 Regulations, affirmatively ensures that for 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. 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 subcontractor/subconsultants 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. 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. 21. Special Provisions. Special provisions or conditions relating to the services to be performed 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: 7A44DCD6-B25A-4C85-8AB3-4E606DAA5959 Misc 2022 - Professional Services Agreement Del Corazon Consulting, Inc. Page 6 of 15 THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul Purchasing Director DATE: DEL CORAZON CONSULTING, INC. By: Printed: Title: Date: DocuSign Envelope ID: 7A44DCD6-B25A-4C85-8AB3-4E606DAA5959 Principal Marjo Curgus 7/18/2022 7/20/2022 Misc 2022 - Professional Services Agreement Del Corazon Consulting, Inc. Page 7 of 15 EXHIBIT A SCOPE OF SERVICES The City of Fort Collins has requested support for development of new water adequacy review policy to ensure development in the City and Growth Management Area. Del Corazón Consulting proposes to offer support for Objective 1: Water Adequacy Process Development. The objective of this project is to evaluate the adequate water supply process for FCU and providers for current content and gaps compared to standards and authority given to local government by state statutes in order to strengthen the process. The RFP outlined a potential scope of work for the Water Adequacy Process Development. These are summarized below with Del Corazon Consulting’s comments. Deliverable #1: Develop A Current Conditions Memo That Reviews Existing and Best Practices for Adequate Water Supply Determination. (Task 2: Review Established Best Practices and Current City/Service Provider Requirements) 1. Working with the City to develop a comprehensive scope of work and project plan. 2. Development of a Current Conditions Memo that would establish the baseline for:  Summary of state statutes for water adequacy determination.  Summary of best practices from around Colorado and the West.  Analysis of the City’s water adequacy regulations.  How the City and regional water providers are currently making adequate water supply determination including a summary of information being requested from developers, process, how information is analyzed, and adequate supply determination criteria.  Analysis of will serve letter formats and submission information to the City from regional water providers. Deliverable #2: Provider Review Memo Confirming the Sustainability and Reliability of Providers. (Task 3. Establish Provider Sustainability Review and Determination) 1. Analysis of legality of water providers. 2. Evaluate and identify the level of fiscal resources that should be required for a water provider as a basis for approval. 3. Evaluate any additional assurances that may be required for approval. Del Corazon Comments: Del Corazon can provide support and assistance with this task. Under a CWCB grant to the Sonoran Institute, Marjo has interviewed water providers, Division of Water Resources, the Colorado Geologic Survey, and planners in Colorado about challenges and opportunities with proving adequate water supply. The report is due to Sonoran Institute on June 31, 2022. The report has focused more on the challenges of proving adequate water supply for counties reliant on individual wells than urban municipal systems. However, Santa Fe, NM; Douglas County, and Eagle River Water and Sanitation may offer valuable tools that may be of interest to the City. Additionally, California may offer more advanced practices not yet applied in Colorado. DocuSign Envelope ID: 7A44DCD6-B25A-4C85-8AB3-4E606DAA5959 Misc 2022 - Professional Services Agreement Del Corazon Consulting, Inc. Page 8 of 15 4. Determine mechanism for public disclosures to future customers of reliability of water service. Deliverable #3 Requirements Memo For Proposed Regulatory Code Update to Water Adequacy Determination Requirements (Task 4 Propose Water Adequacy Determination Requirements for New Development) 1. Determine water supply requirements for new development (should be based on a City defined resiliency or sustainability goal). 2. Develop criteria for water providers to meet (redundancy, alternative analysis, supply verification, resiliency, water quality, etc.) and applicability to different water providers and water sources. 3. Consider impact mitigation and review thresholds for new water supply providers and systems. 4. Develop variance parameters. Del Corazon Comments: The legality and financial resource assessment is outside the Del Corazon technical expertise. Otten Johnson or a water engineer may be able to help. Del Corazon assumes the new Larimer County Regional Water Conditions Report offers a baseline for a comparative analysis within the City’s growth boundary of water providers. Marjo may be able to offer advice on the process for new water districts/new water providers review versus the development review process for approving new developments. Arizona has used a buyer beware warning for inadequate water supply for decades to little effect. Many of those subdivisions are going dry now and the property owners failed to understand the implications when the bought their property, despite the disclosure. Rules of CDPHE and the state statutes for metro districts include some of the financial viability at start up and those policies could be informative. However, it is unclear whether there are any regulatory frameworks for ongoing fiscal viability related to operation and maintenance. Larimer County could potentially add that to the review criteria under its 1041 powers for water projects. State statute do give authority to local governments to identify what sources of water will be appropriate for new development in order to be approved. The City could explore adoption of a policy as part of the water supply adequacy determination for other water providers to have a renewable water requirement. For example, Douglas County’s Water Supply Overlay Districts. Gretel Follingstad may be able to offer guidance on this task. Del Corazon Comments: Del Corazon’s initial impression from the RFP is that Fort Collins is proposing to do something that may not exist elsewhere. Elements may, but not in a single policy. The fact this is likely an innovation that may be a model for the rest of Colorado and the West means there may be interest from others in how this develops. Del Corazon proposes that prior to focusing on the memo itself that a facilitated session of water resource and land use leaders “workshop” the mechanism by which Fort Collins might create a new policy. The workshop would focus on the areas of innovation and solicit feedback and new idea. This is described in greater detail below. This would then inform the memo. DocuSign Envelope ID: 7A44DCD6-B25A-4C85-8AB3-4E606DAA5959 Misc 2022 - Professional Services Agreement Del Corazon Consulting, Inc. Page 9 of 15 Deliverable #4: Procedural Memo with Recommendations for Code Update. (Task 5. Create Review Procedures) 1. Define role for third party reviewer 2. Define submission materials for different states in development application and review process 3. Define acceptable sources of information 4. Define variance process 5. Assess development review fees for water adequacy Deliverable #5: Implementation Plan for policy adoption and implementation. (Task 6. Implementation Plan) 1. Step by step work plan for implementation 2. Public engagement plan Proposal Del Corazon Consultant proposes that Marjo Curgus and Gretel Follingstad act as advisors to the City of Fort Collins in developing a new water adequacy review policy. SUPPORT PROCESS FACILITTION AND PROJECT MANAGEMENT. The City’s RFP had expressed desire to have support with project management and facilitation, stakeholder engagement, groundwater system expertise, and resiliency. Marjo Curgus has expensive facilitation and stakeholder engagement expertise and has a good understanding of how the State of Colorado Department of Water Resources permits wells. Gretel Follingstad has been working with other Front Range municipalities including the City of Aurora and Colorado Springs as well as broader drought preparedness research on water supply resiliency. We could work with the City to determine how to best offer support Del Corazon Comments: In development of the code, the submission materials will likely overlap with standards in step 4. This step will operationalize the process as well as code requirements. Del Corazon could be involved as advisors in this process and support the City with the development of this process. Del Corazon Comments: The water providers may need to be engaged earlier throughout this process rather than at the end. They could be part of a cocreation workshop and in problem solving challenges with implementation. For example, I could foresee needing to phase in requirements that may take time for the water providers to be able to meet due to lack of capacity or inadequate data systems. California has used phased approaches for higher standards for water resource management successfully giving providers time to adapt to new policies. DocuSign Envelope ID: 7A44DCD6-B25A-4C85-8AB3-4E606DAA5959 Misc 2022 - Professional Services Agreement Del Corazon Consulting, Inc. Page 10 of 15 in the process including development of a project plan including support with team meetings, notes and meeting summaries, report drafting or review, etc. COLLABORATE ON THE ASSESSMENT OF THE CITY OF FORT COLLINS CURRENT CONDITIONS POLICY ANALYSIS AND IDENTIFICATION OF BEST PRACTICES/MODELS. The City of Fort Collins is proposing to complete the current conditions memo by early July. Other contractual obligations prevent Marjo Curgus or Gretel Follingstad from engaging based on this timeline. However, DCC could be interviewed, take a discreet task of finding additional urban case studies, or a reviewer of the draft created by the City. COLLABORATE WITH THE CITY ON THE DEVELOPMENT OF WATER ADEQUACY REQUIREMENTS FOR NEW DEVELOPMENT Del Corazon proposes that Marjo Curgus and Gretel Follingstad participate in the internal working group to review the current condition memo and brainstorm of new review requirements. In particular, the Del Corazon team feels creating of a preliminary framework to “hang” the different supply requirement topics listed in the RFP will enable more effective idea generation and solutions. In the RFP step 4 and step 5 are discreet tasks, but in reality these may be more integrated into the development of new code requirements. The approach to applying standards and submittal materials may need to be applied through different land use policy tools, such as an overlay zone to account for different water providers, supply portfolios, and service area geographies. FACILITATE A CO-DESIGN WORKHSOP ON WATER ADEQUACY CODE STANDARDS AND REVIEW PROCESSES Based on the expertise of DCC, what the FCU is proposing in the RFP goes beyond what exists in adequate water supply processes today. There are elements but no one entity has brought those elements together, refined them, then applied them to a regional context. This is potentially groundbreaking and will place Fort Collins Utility on the leading edge and likely become a model across the state and even the West. It makes this both an exciting as well as daunting project as innovation is always more complicated than refining old ways of doing things. The state statute does give the City and County land use decision makers authority of adequate water supply determinations and give authority to ask for information above and beyond what is in the state statute. However, the state statutes do not mandate the compliance with these requests for information from the water provider s. Water providers may not have systems in place to provide the information desired by local governments. Del Corazon proposes facilitation to cocreate development of this new policy with leaders in DocuSign Envelope ID: 7A44DCD6-B25A-4C85-8AB3-4E606DAA5959 Misc 2022 - Professional Services Agreement Del Corazon Consulting, Inc. Page 11 of 15 water resource management and land use. This would integrate engagement earlier into the process rather than waiting until the draft policy review phase. This session could include statewide experts in this subject matter to participate in a codesign session. This session could also include water providers and/or developers who might be subject to new rules. A stipend could be used to incentivize participate by peers, experts, consultants, etc. This session could be done via Zoom to permit participation by a wider range of people than those on the Front Range or in Colorado. Marjo Curgus has extensive facilitation experience within Zoom and utilizing Mural and breakout rooms for active participation. LEAD STAKEHOLDER OUTREACH AND ENGAGEMENT PROCESS FOR WADR POLICY ADOPTION Marjo Curgus proposes to act as the public engagement specialist to support the adoption of the WADR policy. This would include development of a public engagement plan, communication strategy, stakeholder targets, and outreach plan, and meeting facilitation. Given this is during month 6, DCC could potentially submit a detailed proposal closer to this phase when the goals and scope for engagement will be clearer. Budget and Fee Schedule Del Corazon proposes the City set a maximum budget do not exceed and engaging Marjo and Gretel on an hourly basis. Marjo Curgus bills at $140/hour and Gretel Follingstad bills at $125/hour. If the work plan were to identify specific tasks for Marjo and Gretel that were beyond more general advisory participate, Del Corazon could develop discreet task budgets to ensure the project stays within the budget and is able to prioritize expenditures. Consultant Team Principal of Del Corazon Consulting, Marjo Curgus, will bring to the project her knowledge of the water adequacy review state statutes and processes from around the West, land use planning and regulations expertise, and expertise in facilitation of collaborative processes and stakeholder engagement. Del Corazon Consulting has added Gretel Follingstad of Terra Planning, Inc. to the team bringing her experience in water rights portfolio management from the City of Santa Fe, research and analytical skills, and vast knowledge of water resiliency. Marjo Curgus Marjo Curgus is the principal of Del Corazón Consulting. For over 20 years, Marjo has worked to foster stronger leaders because she believes the most durable solutions happen when communities can come together to care for their own social, economic, and natural DocuSign Envelope ID: 7A44DCD6-B25A-4C85-8AB3-4E606DAA5959 Misc 2022 - Professional Services Agreement Del Corazon Consulting, Inc. Page 12 of 15 assets. Within the field of water, Marjo has facilitated watershed collaboratives, co- designed and facilitates the Growing Water Smart workshop for the Sonoran Institute, written the Growing Water Smart Resource Guide, the QQ Water Savings Resource Guide and Model Standards, is completing worked on integrating water into comprehensive plans and land use codes, and facilitated strategic program planning for a USAID funded project to support river conservation and IWRM in Nepal. She served as a program director for Orton Family Foundation, Sonoran Institute, and Enterprise Community Partners. She is an expert facilitator and public engagement specialist have led award wining engagement projects including the One Valley Prosperity Project (with Community Builders) and the Chaffee County Comprehensive Plan Together Chaffee project (with Cushing Terrell). Gretel Follingstad, PhD Senior Resilience Planner and Consultant, Terra Planning, LLC Research Focus: Water and Land Use Resilience Instructor, UC Denver College of Architecture & Planning Instructor, CU Boulder Masters of the Environment Program Gretel Follingstad has a PhD in Geography Planning and Design at the University of Colorado, Denver. As an early adopter of resilience thinking, her professional praxis, scholarly research, and publications focus on the necessities and practicality of an equitable and resilience focused approach to natural resource and community health and sustainability. One of the key elements of her tenure as a professional resilience planner is an emphasis on linking natural resource sustainability with the community planning process, primarily through land use tools. Gretel’s scholarly research includes strategic mechanisms and practical tools for drought resilience including, spatial analyses of land use indicators of water demand, analyses of water use data for demand forecasting and effectiveness of cross-sector collaborations for long term water security. She examines water resilience at three scales: individual water use determinants, spatial design and land use planning adaptations and collaborative policy solutions. In addition to her PhD, Gretel holds a Bachelor of Business Administration in International Management and Latin American Studies, and a master’s degree in Community and Regional Planning from the University of New Mexico, where she graduated Magna Cum Laude; along with a Certificate in Science and Technology Policy from the University of Colorado, Boulder. Gretel has broad experience working with and for government agencies and private organizations in project management, public outreach, public speaking and professional facilitation. Gretel is also a senior level GIS expert.. Gretel’s experience includes long range water supply planning and water demand management, navigating complex Western water DocuSign Envelope ID: 7A44DCD6-B25A-4C85-8AB3-4E606DAA5959 Misc 2022 - Professional Services Agreement Del Corazon Consulting, Inc. Page 13 of 15 laws and policies, crafting drought mitigation, planning and management, watershed restoration and management, and land use and open space planning. Examples of her work include innovative land use analyses for hazard mitigation, development of state level policy for drought preparedness, cross sector strategies for municipal water resilience, development of environmentally sensitive and equitably accessible economic development strategies, and implementation of watershed scale social ecological restoration strategies. Other recent projects include research and development of unique indicators which demonstrate untapped conservation opportunities for communities across the Colorado River Basin for the Babbitt Center for Land and Water Policy; establishing water budgeting options for local Colorado utilities’ water efficiency programs; co- authoring the original Growing Water Smart community training guidebook for the Sonoran Institute, to educate and train communities on how conjunctive land use and water management can help overcome barriers and build collaboration to reach water adequacy goals; the development of policy approaches for the integration of water adequacy into community plans and ordinances; contributions and curriculum development for the Sonoran Institute’s Resilient Communities Starter Kit (2012) and Workshop (2018); as well as water related contributions to the Colorado Resiliency Office’s Resilience Framework (2020). DocuSign Envelope ID: 7A44DCD6-B25A-4C85-8AB3-4E606DAA5959 Official Purchasing Document Last updated 10/2017 Misc 2022 - Professional Services Agreement Del Corazon Consulting, Inc. Page 14 of 15 EXHIBIT B 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. 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. 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 Professional '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 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 & 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 Professional 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 Professional 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. D. Errors & Omissions. The Professional shall maintain errors and omissions insurance in the amount of $1,000,000. In the event any work is performed by a subcontractor/subconsultant, the Professional shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor/subconsultant, which liability is not covered by the subcontractor/subconsultant's insurance. DocuSign Envelope ID: 7A44DCD6-B25A-4C85-8AB3-4E606DAA5959 Official Purchasing Document Last updated 10/2017 Misc 2022 - Professional Services Agreement Del Corazon Consulting, Inc. Page 15 of 15 EXHIBIT C 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 th e 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: 7A44DCD6-B25A-4C85-8AB3-4E606DAA5959 INSURER(S) AFFORDING COVERAGE NAIC # INSURER F : INSURER E : INSURER D : NAME:CONTACT INSURER C : INSURER B : (A/C, No):FAX E-MAILADDRESS: CUSTOMER ID: PRODUCER PRODUCER (A/C, No, Ext):PHONE INSURED INSURER A : The ACORD name and logo are registered marks of ACORD 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. LOCATION OF PREMISES / DESCRIPTION OF PROPERTY (Attach ACORD 101, Additional Remarks Schedule, if more space is required) REVISION NUMBER:CERTIFICATE 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. COVERAGES $$ $BOILER & MACHINERY / EQUIPMENT BREAKDOWN $ $ $ TYPE OF POLICY CRIME POLICY NUMBER $ $ $ $ NAMED PERILS CAUSES OF LOSS TYPE OF POLICYINLAND MARINE $ RENTAL VALUE CONTENTS BUILDING DEDUCTIBLES WIND $ $ $ $ $ $ $ $ $ BLANKET BLDG & PP BLANKET PERS PROP BLANKET BUILDING EXTRA EXPENSE BUSINESS INCOME PERSONAL PROPERTY BUILDING FLOOD EARTHQUAKE SPECIAL BROAD BASIC CAUSES OF LOSS PROPERTY POLICY EXPIRATION DATE (MM/DD/YYYY) POLICY EFFECTIVE DATE (MM/DD/YYYY) INSR LTR LIMITSCOVERED PROPERTYPOLICY NUMBERTYPE OF INSURANCE $$ $ SPECIAL CONDITIONS / OTHER COVERAGES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) © 1995-2015 ACORD CORPORATION. All rights reserved. ACORD 24 (2016/03) AUTHORIZED REPRESENTATIVE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. CANCELLATION CERTIFICATE OF PROPERTY INSURANCE DATE (MM/DD/YYYY) CERTIFICATE HOLDER 844-357-0403Hiscox Inc. 520 Madison Avenue 32nd Floor New York, New York 10022 P100.432.235.6 A Hiscox Insurance Company Inc.10200 Del Corazon Consulting 1135 F Street Salida, CO 81201 X X $ 500 08/01/2022 08/01/2023 $ 10,000X X X contact@hiscox.com 07/18/2022 1135 F Street, Salida, CO 81201 DocuSign Envelope ID: 7A44DCD6-B25A-4C85-8AB3-4E606DAA5959 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD 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. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS AUTOSAUTOSNON-OWNEDHIRED AUTOS SCHEDULEDALL OWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD MTTU Hiscox Inc. 520 Madison Avenue 32nd Floor New York, New York 10022 (888) 202-3007 contact@hiscox.com Hiscox Insurance Company Inc 10200 Del Corazon Consulting 1135 F Street Salida, CO 81201 08/01/202308/01/2022P100.432.235.6 CGL is on BOP Form X A X X X Each Claim: $ 1,000,000 Aggregate: $ 1,000,000 Professional LiabilityA 08/01/202308/01/2022P100.430.812.6 1,000,000 100,000 5,000 1,000,000 2,000,000 2,000,000 06/17/2022 DocuSign Envelope ID: 7A44DCD6-B25A-4C85-8AB3-4E606DAA5959 INSURER(S) AFFORDING COVERAGE NAIC # INSURER F : INSURER E : INSURER D : NAME:CONTACT INSURER C : INSURER B : (A/C, No):FAX E-MAILADDRESS: CUSTOMER ID: PRODUCER PRODUCER (A/C, No, Ext):PHONE INSURED INSURER A : The ACORD name and logo are registered marks of ACORD 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. LOCATION OF PREMISES / DESCRIPTION OF PROPERTY (Attach ACORD 101, Additional Remarks Schedule, if more space is required) REVISION NUMBER:CERTIFICATE 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. COVERAGES $$ $BOILER & MACHINERY / EQUIPMENT BREAKDOWN $ $ $ TYPE OF POLICY CRIME POLICY NUMBER $ $ $ $ NAMED PERILS CAUSES OF LOSS TYPE OF POLICYINLAND MARINE $ RENTAL VALUE CONTENTS BUILDING DEDUCTIBLES WIND $ $ $ $ $ $ $ $ $ BLANKET BLDG & PP BLANKET PERS PROP BLANKET BUILDING EXTRA EXPENSE BUSINESS INCOME PERSONAL PROPERTY BUILDING FLOOD EARTHQUAKE SPECIAL BROAD BASIC CAUSES OF LOSS PROPERTY POLICY EXPIRATION DATE (MM/DD/YYYY) POLICY EFFECTIVE DATE (MM/DD/YYYY) INSR LTR LIMITSCOVERED PROPERTYPOLICY NUMBERTYPE OF INSURANCE $$ $ SPECIAL CONDITIONS / OTHER COVERAGES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) © 1995-2015 ACORD CORPORATION. All rights reserved. ACORD 24 (2016/03) AUTHORIZED REPRESENTATIVE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. CANCELLATION CERTIFICATE OF PROPERTY INSURANCE DATE (MM/DD/YYYY) CERTIFICATE HOLDER 844-357-0403Hiscox Inc. 520 Madison Avenue 32nd Floor New York, New York 10022 City of Fort Collins PO Box 580 Fort Collins, CO 80522 City of Fort Collins is included as an Additional Insured with respect to General Liability as required by written contract. P100.432.235.6 A Hiscox Insurance Company Inc.10200 Del Corazon Consulting 1135 F Street Salida, CO 81201 X X $ 500 08/01/2022 08/01/2023 $ 10,000X X X contact@hiscox.com 07/19/2022 1135 F Street, Salida, CO 81201 DocuSign Envelope ID: 7A44DCD6-B25A-4C85-8AB3-4E606DAA5959 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD 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. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS AUTOSAUTOSNON-OWNEDHIRED AUTOS SCHEDULEDALL OWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD MTTU Hiscox Inc. 520 Madison Avenue 32nd Floor New York, New York 10022 (888) 202-3007 contact@hiscox.com Hiscox Insurance Company Inc 10200 Del Corazon Consulting 1135 F Street Salida, CO 81201 City of Fort Collins PO Box 580 Fort Collins, CO 80522 City of Fort Collins is included as an Additional Insured with respect to General Liability as required by written contract. 08/01/202308/01/2022P100.432.235.6Y CGL is on BOP Form X A X X X 1,000,000 100,000 5,000 1,000,000 2,000,000 2,000,000 07/19/2022 DocuSign Envelope ID: 7A44DCD6-B25A-4C85-8AB3-4E606DAA5959 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD 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. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS AUTOSAUTOSNON-OWNEDHIRED AUTOS SCHEDULEDALL OWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD MTTU Hiscox Inc. 520 Madison Avenue 32nd Floor New York, New York 10022 (888) 202-3007 contact@hiscox.com Hiscox Insurance Company Inc 10200 Del Corazon Consulting 1135 F Street Salida, CO 81201 Each Claim: $ 1,000,000 Aggregate: $ 1,000,000 Professional LiabilityA 08/01/202308/01/2022P100.430.812.6 06/17/2022 DocuSign Envelope ID: 7A44DCD6-B25A-4C85-8AB3-4E606DAA5959 CERTIFICATE OF EXEMPTION FROM VEHICLE LIABILITY INSURANCE 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 _________________________________________________ , certify to the City of Fort Collins, Colorado (the City that the aforementioned businesswill not utilize any motor vehicles in the course of providing services to the City. On behalf of said business and its officers, agents, insurers, heirs, legal representatives, Business , I warrant that I have full authority to execute this Certificate on behalf of the Business. I warrant the Business understands and complies with the motor vehicle insurance requirements as required by law. If the nature of the work for the City changes in such a manner that vehicles will be used in the provision of services to the City, the Business shall provide the City with a Certificate of Insurance evidencing proof of Vehicle Liability Insurance coverage in the amount of $1,000,000 with the City as a named additional insured. The Business shall provide such Certificate of Insurance prior to utilization of any vehicles in the provision of services to the City. On behalf of the Business, I acknowledge the Business shall maintain at all times vehicle insurance in accordance with minimum requirements as required by law. 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, death, and property damage that arises 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 insurersdonot 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. By signing this Certificate, the Business acknowledges that it is responsible and liable for all vehicle-related liabilities, and further requests the City waive its requirement of Vehicle Liability Insurance. BUSINESS: By: Printed: Title: Date: Marjo Curgus Del Corazon Consulting 1225 H Street, Salida, CO Del Corazon Consulting Marjo Curgus Principal 7/19/2022 DocuSign Envelope ID: 7A44DCD6-B25A-4C85-8AB3-4E606DAA5959 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 ________________________________________________, certify 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. BUSINESS: By: Printed: Title: Date: Marjo Curgus Del Corazon Consulting 1225 H Street, Building 2, Salida, CO Marjo Curgus Principal 7/19/2022 Del Corazon Consulting DocuSign Envelope ID: 7A44DCD6-B25A-4C85-8AB3-4E606DAA5959