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HomeMy WebLinkAbout461405 TREBUCHET GROUP - CONTRACT - SOLE SOURCE - TREBUCHET GROUP (2) SS 2022 Services Agreement – Trebuchet Group Executive Leadership Team Facilitation Page 1 of 15 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 Trebuchet Group International, LLC dba Trebuchet Group, hereinafter referred to as "Service Provider". 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 Service Provider agrees to provide services in accordance with the scope of services attached hereto as Exhibit A, consisting of six (6) pages and incorporated herein by this reference. 2. Contract Period. This Agreement shall commence December 15, 2021 and shall continue in full force and effect until December 31, 2022, unless sooner terminated as herein provided. In addition, the Agreement may be extended by mutual written agreement of the parties. Any such renewal, scope of services and pricing shall be negotiated by and agreed to by both parties. 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 Service Provider 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 Service Provider. 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: Service Provider: City: Copy to: Trebuchet Group Attn: Chris Hutchinson 405 Mason Court, Suite 11 Fort Collins, CO 80524 City of Fort Collins Attn: Jacqueline Kozak-Thiel PO Box 580 Fort Collins, CO 80522 jkozak-thiel@fcgov.com City of Fort Collins Attn: Purchasing Dept. PO Box 580 Fort Collins, CO 80522 purchasing@fcgov.com DocuSign Envelope ID: 2C165FD9-FB13-47F9-9C9D-5DD0B5590A13 SS 2022 Services Agreement – Trebuchet Group Executive Leadership Team Facilitation Page 2 of 15 In the event of early termination by the City, the Service Provider shall be paid for services rendered to the date of termination, subject only to the satisfactory performance of the Service Provider's obligations under this Agreement. Service Provider 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 Service Provider's sole right and remedy for such termination. 5. Compensation. The City shall pay the Service Provider for the performance of this Contract, subject to additions and deletions provided herein, as stated in Exhibit A. 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 Service Provider following the submittal of a correct itemized invoice by the Service Provider. 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 Service Provider 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 Service Provider's compensation hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for any other purpose. 9. Subcontractors. Service Provider may not subcontract any of the Work set forth in the Exhibit A, Statement of Work without the prior written consent of the City, which shall not be unreasonably withheld. If any of the Work is subcontracted hereunder (with the consent of the City), then the following provisions shall apply: (a) the subcontractor must be a reputable, qualified firm with an established record of successful performance in its respective trade performing identical or substantially similar work, (b) the subcontractor will be required to comply with all applicable terms of this Agreement, (c) the subcontract will not create any contractual relationship between any such subcontractor and the City, nor will it obligate the City to pay or see to the payment of any subcontractor, and (d) the work of the subcontractor will be subject to inspection by the City to the same extent as the work of the Service Provider. DocuSign Envelope ID: 2C165FD9-FB13-47F9-9C9D-5DD0B5590A13 SS 2022 Services Agreement – Trebuchet Group Executive Leadership Team Facilitation Page 3 of 15 Irrespective of any subcontractors named in Exhibit A, Service Provider 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 Service Provider and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Service Provider 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. Service Provider 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. Service Provider 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 Service Provider 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 Service Provider 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 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. DocuSign Envelope ID: 2C165FD9-FB13-47F9-9C9D-5DD0B5590A13 SS 2022 Services Agreement – Trebuchet Group Executive Leadership Team Facilitation Page 4 of 15 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 Service Provider 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 Service Provider shall take all necessary precautions in performing the work hereunder to prevent injury to persons and property. c. Without limiting any of the Service Provider's obligations hereunder, the Service Provider 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 Service Provider 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 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. DocuSign Envelope ID: 2C165FD9-FB13-47F9-9C9D-5DD0B5590A13 SS 2022 Services Agreement – Trebuchet Group Executive Leadership Team Facilitation Page 5 of 15 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: 2C165FD9-FB13-47F9-9C9D-5DD0B5590A13 SS 2022 Services Agreement – Trebuchet Group Executive Leadership Team Facilitation Page 6 of 15 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 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: 2C165FD9-FB13-47F9-9C9D-5DD0B5590A13 SS 2022 Services Agreement – Trebuchet Group Executive Leadership Team Facilitation Page 7 of 15 THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul, Purchasing Director Date: ATTEST: APPROVED AS TO FORM: TREBUCHET GROUP INTERNATIONAL, LLC dba TREBUCHET GROUP By: Diana Hutchinson, Chief Operating Officer Date: DocuSign Envelope ID: 2C165FD9-FB13-47F9-9C9D-5DD0B5590A13 2/18/2022 Assistant City Attorney ll 2/18/2022 City Clerk SS 2022 Services Agreement – Trebuchet Group Executive Leadership Team Facilitation Page 8 of 15 EXHIBIT A SCOPE OF SERVICES Project Plan - CoFC Exec Leadership Team Facilitation Co-created by Jacqueline Kozak-Thiel and Chris Hutchinson – Revised January 2022 Background 1. Darin Atteberry recently left the City of Fort Collins after 17 years as City Manager, and with a national search, a permanent replacement is likely not to be hired before March 2022. 2. Interim City Manager Kelly DiMartino and the Executive Leadership Team would like external facilitative support to capitalize on the time between permanent City Managers to strengthen the team, especially as team roles shift. 3. This temporary external support needs to both help the team through the challenges at hand, and also enable the team to have the capacity to support itself with internal facilitation. 4. A small project team will lead this effort, and is composed of: Chief Sustainability Officer Jackie Kozak-Thiel, Deputy City Manager Kyle Stannert, Chief of Police Jeff Swoboda, and Director, Planning Development and Transportation Caryn Champine. 5. Performance Excellence Program Manager Terri Runyan will be available to help capture information and support structural changes in team methods and meetings. 6. The facilitation will take place primarily during the regularly scheduled 10:00- Noon Wednesday ELT meetings, and also 1-3 extended meetings, potentially at Tamasag Center. Primary Project Objective A coalesced leadership team with a strong sense of shared purpose and role in the organization, with clearly designed, supportive team and meeting structure, ready for a new permanent City Manager. Secondary Objectives - This team will create its own charter and working methods which leverage individual and team strengths and mitigate weaknesses. - Team members have greater insight around capabilities of themselves and the rest of the team. DocuSign Envelope ID: 2C165FD9-FB13-47F9-9C9D-5DD0B5590A13 SS 2022 Services Agreement – Trebuchet Group Executive Leadership Team Facilitation Page 9 of 15 Service Provided Professional Facilitation and Leadership Team Support • Facilitation of two regular Executive Leadership Team meetings each month (8 total) with content, interactive exercises, tools, and real-time coaching and support. • Collaborative design, debrief and coordination meetings between facilitated meetings. • Facilitation of up to 12 hours of additional extended meetings, likely in 4- or 6-hour segments, for more in-depth support and joint work to strengthen the team. • Online facilitation and note support of each meeting. • Copies of information from meetings, along with observations and recommendations. Additional support services available as needed 1. Goal-focused Teambuilding Retreat This comprehensive team upgrade program centers on a two-day intensive team work session for up to 10 people focused on building trust, setting conflict norms, committing to team objectives, determining team rules of engagement, and designing and implementing peer- based accountability. The program includes: a team health assessment, individual personal strengths and motivators assessments, individual conflict style assessments, 3 months of executive coaching for the leader, and a follow-up meeting 30-45 days from the work session to ensure changes are sustained. Leader Time: 3 hours for planning, coordination, and debrief along with meeting time, along with Participant Time. Participant Time: 2 days intensive in person worksession, plus 2-3 hours for assessments and interpretation, and 3-4 hours of online follow-up meeting or meetings. Funds: $20,000 plus travel costs and $300 per participant for assessments and materials; $5,000 each additional month of a 3-4 hour online team meeting and coaching with the primary leader. 2. Teambuilding Workshops We offer customized team development, focused on the apparent as well as underlying issues related to building peer-to-peer leadership and conflict skills. These workshops may be online or in-person. DocuSign Envelope ID: 2C165FD9-FB13-47F9-9C9D-5DD0B5590A13 SS 2022 Services Agreement – Trebuchet Group Executive Leadership Team Facilitation Page 10 of 15 Leader Time: 2 hours for planning, coordination, and debrief along with meeting time Participant Time: 3-4 hours Funds: $4,000 3. Executive and Leadership Coaching Coaching is often integrated with organizational or team development. We co-create plans for development based on individual goals and including input from others. Individual assessments or 360 feedback can provide insights and inputs to the development plan. Within that plan, our coaching is responsive to the needs of the moment as well as proactively in service to the development goals. We work together, challenging assumptions, encouraging multiple perspectives and using questions to uncover new ways of thinking. We provide a sounding board and a thinking partner for trying out new approaches. - Executive leadership coaching Coaching in person, by video, phone, and email, typically through regularly scheduled meetings of 50 minutes 1-2 times monthly, including on-demand coaching as needed. Participant Time: 1-2 hours per week for meetings and implementation Funds: $6,000 per quarter - Leadership coaching Coaching in person, by video, phone, and email, typically through regularly scheduled meetings of 50 minutes twice monthly. Participant Time: 1-2 hours per week for meetings and implementation Funds: $4,500 per quarter 4. Executive Leadership Team Assessment and Development A 1½-day workshop built around the proven Leadership Practices Inventory 360°online behavioral feedback tool. Prior to the workshop, participants attend an orientation video conference, take a self-assessment and assign manager(s), peers, reports, and other observers. on building peer leadership and conflict skills. At the workshop, participants interpret their results and commit to shared and individual behavior improvement. The 360 instrument also includes a 9-12 month reassessment to note improvements and determine which behaviors to strengthen next. Participant Time: 1½ days for workshop, plus 2-3 hours for assessment(s). Funds: $7,000 plus $500 per participant for assessment costs. DocuSign Envelope ID: 2C165FD9-FB13-47F9-9C9D-5DD0B5590A13 SS 2022 Services Agreement – Trebuchet Group Executive Leadership Team Facilitation Page 11 of 15 5. Customized meeting facilitation We help you design and facilitate your meeting to maximize participation for highest effectiveness so you can achieve your desired outcomes. Includes documentation of results, recommendations, and debrief. For online meetings, we provide Zoom hosting and online decision-making tools. Leader Time: 1-1½ hours for planning, coordination, and debrief along with meeting time Participant Time: 1 day for meeting, plus preparation and implementation time as needed. Funds: $2,500 for meetings up to 2 hours, $4,000 up to 4 hours, and $6,000 for full day up to 8 hours. Time and Funds Investment The duration of this project will be 4 - 6 months, starting December 2021. No travel or additional costs are anticipated. Professional Facilitation and Leadership Team Support Project Team time Executive Team Member time Funds Up to 8 hours for design, debrief, and coordination meetings 28 hours of facilitated meetings 28 hours of facilitated meetings $42,000* $21,000 We invoice with progress payments each month with 30-day terms. *Reduction from application of Trebuchet Group Community matching grant Other Support Services Leader time Team member time Funds varies varies As priced, up to $35,000 total We invoice for added services each month with 30-day terms. ELT Dates Scheduled Dec 15 from 9:00-12:00 = Colorado River Room, 222 Laporte Ave. Dec 22 from 10:00-12:00 = Colorado River Room, 222 Laporte Ave. January 5 from 10:00-12:00 = Colorado River Room, 222 Laporte Ave. January 26 from 9:00-12:30 = EOC Training Space, 215 N. Mason St. DocuSign Envelope ID: 2C165FD9-FB13-47F9-9C9D-5DD0B5590A13 SS 2022 Services Agreement – Trebuchet Group Executive Leadership Team Facilitation Page 12 of 15 January 27 from 12:00-5:00 = ELT Retreat – Fort Collins Police Services, EOC/Training Room February 9 from 10:00-12:00 = Colorado River Room, 222 Laporte Ave. February 23 from 10:00-12:00 = Colorado River Room, 222 Laporte Ave. February 25 from 8:30-1:00 = ELT Retreat – location TBD March 9 from 10:00-12:00 = Colorado River Room, 222 Laporte Ave. March 23 from 10:00-12:00 = Colorado River Room, 222 Laporte Ave. Roles and Ownership Trebuchet Group members’ roles are that of collaborators and organization coaches. Our approach is to be the facilitators of your team members’ success, having you and your team members provide the insight, ideas, and eventual commitment to the changes they want to make. The team does the work, and we will provide the process and the tools in a “just in time” fashion. For the success of the program, it is very important that the team sees this as their own project of which Trebuchet Group is a temporary team member. Without ownership and commitment by the team, we cannot be fully successful together. Expectations Throughout the program you can expect Trebuchet Group to: - Provide support as needed to successfully complete the project objectives. - Transfer skills so dependence on Trebuchet Group steadily diminishes throughout the project. - Be flexible and responsive to the needs of your organization . In turn Trebuchet Group will need you to: - Enable access to key leaders and personnel in person and via phone, video calls, and email. - Ensure everyone involved in the work has the technical ability to connect to the Internet for group videoconferencing and enter information into a separate online tool. - Invest the time and energy needed for meetings and improvement efforts. - Provide payment in conformance with the terms above. We will need each other to: - Alert each other of anything we learn that may affect the success of this plan (e.g. key people leaving, shifts in strategy, personnel conflicts, etc.) DocuSign Envelope ID: 2C165FD9-FB13-47F9-9C9D-5DD0B5590A13 SS 2022 Services Agreement – Trebuchet Group Executive Leadership Team Facilitation Page 13 of 15 - Respect each other’s confidentiality and proprietary materials and approaches. - Be willing to assess progress throughout the program and make adjustments as required. Assurances During the project we will take time together to ensure ourselves the project is meeting expectations and make any adjustments up or down needed. If for any reason it is not meeting expectations, we may also suspend the program at that point without any future obligation. Also, any of us can call for a review point at any time to ensure we remain effective working together. We want you to receive what you expect and what we agreed to provide. Your satisfaction is very important and you will be asked for feedback regularly as we proceed. DocuSign Envelope ID: 2C165FD9-FB13-47F9-9C9D-5DD0B5590A13 SS 2022 Services Agreement – Trebuchet Group Executive Leadership Team Facilitation Page 14 of 15 EXHIBIT B INSURANCE REQUIREMENTS The Service Provider 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 Service Provider 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 Service Provider, 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 Service Provider 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 Service Provider '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 Service Provider shall maintain during the life of this Agreement for all of the Service Provider'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 Service Provider 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 Service Provider 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 Service Provider 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: 2C165FD9-FB13-47F9-9C9D-5DD0B5590A13 SS 2022 Services Agreement – Trebuchet Group Executive Leadership Team Facilitation 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 Service Provider 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 Service Provider has agreed to perform, the Service Provider 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 Service Provider 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 Service Provider shall not disclose any such information to any person not having a legitimate need-to-know for purposes authorized by the City. Further, the Service Provider 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 Service Provider 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 Service Provider 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 Service Provider ceases to perform services for the City, or the City so requests for any reason, the Service Provider 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 Service Provider understands and agrees that the City’s remedies at law for a breach of the Service Provider’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: 2C165FD9-FB13-47F9-9C9D-5DD0B5590A13 CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) INSURER(S) AFFORDING COVERAGE NAIC # PRODUCER INSURED INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : COVERAGES TYPE OF INSURANCE POLICY NUMBER LIMITS COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: LOCPOLICY OTHER: EACH OCCURRENCE MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG $ $ $ $ $ $ AUTOMOBILE LIABILITY ANY AUTO $ $ $ $ OCCUR CLAIMS-MADE DED RETENTION $ EACH OCCURRENCE AGGREGATE E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION $ $ $ $ $ Y/N CONTACT NAME: PHONE (A/C, No, Ext): E-MAIL ADDRESS: FAX (A/C, No): CERTIFICATE NUMBER:REVISION NUMBER: $ UMBRELLA LIAB EXCESS LIAB AUTHORIZED REPRESENTATIVE © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03)The ACORD name and logo are registered marks of ACORD $ INSURER F : $ N/A SCHEDULED AUTOS NON-OWNED AUTOS ONLY OWNED AUTOS ONLY HIRED AUTOS ONLY 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 ADDL INSD POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) PRO- JECT DAMAGE TO RENTED PREMISES (Ea occurrence) COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below PER STATUTE OTH- ER SUBR WVD 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 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). SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 02/17/2022 FLOOD & PETERSON INSURANCE INC PO BOX 578 GREELEY, CO 806323216 (888) 661-3938 (888) 661-3938 (877) 872-7604 service.center@travelers.com TREBUCHET GROUP INTERNATIONAL, LLC 405 MASON CT STE 111 FORT COLLINS, CO 80524 THE PHOENIX INSURANCE COMPANY 554903504302840 A X X X HIRED AUTO X NON OWNED AUTO X X 680-8917C063-21 11/16/2021 11/16/2022 1,000,000 300,000 5,000 1,000,000 2,000,000 2,000,000 AS RESPECTS TO GENERAL LIABILITY, CERTIFICATE HOLDER IS ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION, CG T4 91. CITY OF FORT COLLINS PO BOX 580 FORT COLLINS, CO 80522 DocuSign Envelope ID: 2C165FD9-FB13-47F9-9C9D-5DD0B5590A13 CERTIFICATE HOLDER © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) AUTHORIZED REPRESENTATIVE CANCELLATION DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE LOCJECTPRO-POLICY GEN'L AGGREGATE LIMIT APPLIES PER: OCCURCLAIMS-MADE COMMERCIAL GENERAL LIABILITY GENERAL LIABILITY PREMISES (Ea occurrence)$DAMAGE TO RENTED EACH OCCURRENCE $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $RETENTIONDED CLAIMS-MADE OCCUR $ AGGREGATE $ EACH OCCURRENCE $ UMBRELLA LIAB EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) INSRLTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)LIMITS WC STATU-TORY LIMITS OTH-ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICE/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED HIRED AUTOS NON-OWNEDAUTOSAUTOS AUTOS COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE $ $ $ $ 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 ADDL WVD SUBR N / A $ $ (Ea accident) (Per accident) 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 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). The ACORD name and logo are registered marks of ACORD COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: INSURED PHONE(A/C, No, Ext): PRODUCER ADDRESS:E-MAIL FAX(A/C, No): CONTACTNAME: NAIC # INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S) AFFORDING COVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 02/18/2022 AP INTEGO INSURANCE GROUP, LLC AP Intego Insurance Group, LLC 888-289-2939 375 Woodcliff Dr.certs@apintego.com Suite 103 Fairport NY 14450 Trebuchet Group International, 405 Mason Ct Ste 113 Fort Collins CO 80524 Travelers Casualty And Surety 19038 A UB8M50461A 03/01/2021 03/01/2022 100,000 100,000 500,000 City of Fort Collins 405 Mason Court STE 111 Fort Collins CO 80524 Clear All DocuSign Envelope ID: 2C165FD9-FB13-47F9-9C9D-5DD0B5590A13