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HomeMy WebLinkAboutPENOPTECH - CONTRACT - SOLE SOURCE - PENOPTECHOfficial Purchasing Document Last updated 2/1/2023 Services Agreement SS 2022 Get FoCo – Penoptech Page 1 of 11 SERVICES AGREEMENT Get FoCo 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 PENOPTECH LLC D/B/A PENOPTECH, a Limited Liability Company 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 one (1) page and incorporated herein by this reference. 2. Contract Period. This Agreement shall commence December 1, 2022, and shall continue in full force and effect until December 31, 2023, unless sooner terminated as herein provided. In addition, upon mutual agreement of the parties, the Agreement may be extended. Renewals and pricing changes shall be negotiated by and agreed to by both parties only at the time of renewal. Written notice of renewal shall be provided to the Service Provider and mailed no later than thirty (30) days prior to contract end. 3. Delay. If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without its fault or negligence, then the party so prevented shall be excused from whatever performance is prevented by such cause. To the extent that the performance is actually prevented, the 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. 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. 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. DocuSign Envelope ID: DDF0A8B3-60EC-48B3-AB5D-DB6A855C0333 Official Purchasing Document Last updated 2/1/2023 Services Agreement SS 2022 Get FoCo – Penoptech Page 2 of 11 5. Notices. All notices provided under this Agreement shall be effective immediately when emailed or three (3) Service Provider days from the date of the notice when mailed to the following addresses: Service Provider: City: Copy to: Penoptech Attn: Jade Cowan 1281 E Magnolia St Unit D #254 Jade.cowan@penoptech.com City of Fort Collins Attn: Nina Bodenhamer PO Box 580 Fort Collins, CO 80522 nbodenhamer@fcgov.com City of Fort Collins Attn: Purchasing Dept. PO Box 580 Fort Collins, CO 80522 purchasing@fcgov.com 6. 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 for contract interpretations, change order, and other clarification or instruction shall be directed to the City Representative. The initial City Representative for this Agreement is Nina Bodenhamer and can be reached at nbodenhamer@fcgov.com or 970-221-6687. The Representative is subject to change by the City. 7. Compensation. The City shall pay the Service Provider for the performance of this Contract, subject to additions and deletions provided herein at an hourly rate of One Hundred Dollars ($100.00). Invoices shall be emailed to invoices@fcgov.com with a copy to Nina Bodenhamer at nbodenhamer@fcgov.com. 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. 8. 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. 9. 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. DocuSign Envelope ID: DDF0A8B3-60EC-48B3-AB5D-DB6A855C0333 Official Purchasing Document Last updated 2/1/2023 Services Agreement SS 2022 Get FoCo – Penoptech Page 3 of 11 10. 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. Irrespective of any subcontractors named in Exhibit A, Service Provider shall be solely responsible for performance of all duties hereunder. 11. 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. 12. 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. 13. 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. DocuSign Envelope ID: DDF0A8B3-60EC-48B3-AB5D-DB6A855C0333 Official Purchasing Document Last updated 2/1/2023 Services Agreement SS 2022 Get FoCo – Penoptech Page 4 of 11 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 thereof. 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. 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 Exhibits B and B-1, each 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. DocuSign Envelope ID: DDF0A8B3-60EC-48B3-AB5D-DB6A855C0333 Official Purchasing Document Last updated 2/1/2023 Services Agreement SS 2022 Get FoCo – Penoptech Page 5 of 11 18. 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. 19. 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 Service Provider 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 subcontractors at every tier. 20. 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. 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. Force Majeure. No Party hereto shall be considered in default in the performance of an obligation hereunder to the extent that performance of such obligation is delayed, hindered, or prevented by force majeure. Force majeure shall be any cause beyond the control of the defaulting Party which could not reasonably have been foreseen and guarded against. Force majeure includes, but is not limited to, acts of God, fires, riots, pandemics, incendiarism, interference by civil or military authorities, compliance with regulations or orders of military DocuSign Envelope ID: DDF0A8B3-60EC-48B3-AB5D-DB6A855C0333 Official Purchasing Document Last updated 2/1/2023 Services Agreement SS 2022 Get FoCo – Penoptech Page 6 of 11 authorities, and acts of war (declared or undeclared), provided such cause could not have been reasonably foreseen and guarded against by the defaulting Party. Force majeure shall not include increases in labor, commodity, utility, material, supply, fuel, or energy costs, or compliance with regulations or orders of civil authorities. 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. 23. 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 two (2) pages, attached hereto, and incorporated herein by this reference. THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul, Purchasing Director Date: ATTEST: APPROVED AS TO FORM: PENOPTECH LLC By: Jade Cowan, Owner Date: DocuSign Envelope ID: DDF0A8B3-60EC-48B3-AB5D-DB6A855C0333 2/28/2023 Assistant City Attorney 3/1/2023 City Clerk Official Purchasing Document Last updated 2/1/2023 Services Agreement SS 2022 Get FoCo – Penoptech Page 7 of 11 EXHIBIT A STATEMENT OF WORK The Get FoCo Service Provider (Jade Cowan) will be tasked with working with Tim Campbell to update and add new features to all aspects of the site, as needed. This will include the frontend and backend (currently in Python/Django), the database (currently in Azure PostgreSQL), and adding new programs to the platform. More specifically, the tasks to be performed are summarized below, but as the platform progresses, other chances for improvement will become clear and may take precedence: • Creation of information-update mechanism so that users can modify their information (especially address changes) after their initial application is complete • Creation of income-verification and program-enrollment portals for the City staff running them • Frontend (site) improvements, based on feedback we’ve already received from applicants • Addition of new programs beyond the four currently on the platform. This should also include improvements to the platform to make future programs easier to add • Addition of a ‘digital badge’ that can be shown by users to access income-assistance programs offline (such as fee-free paper bags at grocery stores) DocuSign Envelope ID: DDF0A8B3-60EC-48B3-AB5D-DB6A855C0333 Official Purchasing Document Last updated 2/1/2023 Services Agreement SS 2022 Get FoCo – Penoptech Page 8 of 11 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. See attached Certificate of Exemption in Exhibit B-1. 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. 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: DDF0A8B3-60EC-48B3-AB5D-DB6A855C0333 Official Purchasing Document Last updated 2/1/2023 Services Agreement SS 2022 Get FoCo – Penoptech Page 9 of 11 EXHIBIT B-1 CERTIFICATE OF EXEMPTION FROM STATUTORY WORKERS’ COMPENSATION LAW AND ACKNOWLEDGEMENT OF RISK/HOLD HARMLESS AGREEMENT I, Jade Cowan, as owner of Penoptech LLC d/b/a Penoptech a Limited Liability Company certify to the City of Fort Collins, Colorado (the “City”) that the aforementioned Service Provider 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 Service Provider and its officers, agents, insurers, heirs, legal representatives, successors and assigns (collectively the “Service Provider”), I warrant that I have full authority to execute this Exhibit on behalf of the Service Provider. I warrant I understand the requirements of the Act with respect to providing Workers’ Compensation coverage for any employees of the Service Provider. If the Service Provider’s status changes in such a manner that requires Workers’ Compensation Insurance, the Service Provider 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 Service Provider shall provide such Certificate of Insurance prior to the employees’ start of work for the City. On behalf of the Service Provider, I acknowledge the Service Provider may be contracting to engage in activities that involve a risk of personal injury, that the Service Provider is capable of performing the activities, and that the Service Provider shall take all necessary precautions to prevent injury. The Service Provider 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 Service Provider also understands that the City, its officers, employees, agents and insurers do not assume any responsibility for, or obligation to, provide the Service Provider 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 Service Provider agrees to defend, indemnify, and hold harmless the City from any and all such claims. As an independent contractor, the Service Provider acknowledges that neither the Service Provider nor any person employed by or serving the Service Provider is entitled to workers’ compensation benefits from the City. The Service Provider 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 Service Provider or any other person claiming through the Service Provider. By signing this Certificate, the Service Provider 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. DocuSign Envelope ID: DDF0A8B3-60EC-48B3-AB5D-DB6A855C0333 Official Purchasing Document Last updated 2/1/2023 Services Agreement SS 2022 Get FoCo – Penoptech Page 10 of 11 EXHIBIT C CONFIDENTIALITY GET FOCO PROGRAM CONFIDENTIALITY AGREEMENT Adopted October 2022 Last Update October 2022 Last Reviewed (no changes) October 2022 As a Service Provider for the City of Fort Collins and/or in my role to support the City’s Get FoCo technology environment, I agree as follows: I understand and acknowledge that in the performance of my duties, I may acquire, have access to, create, process, and/or be required to handle personal data or other information deemed confidential or protected under State or Federal law, regulation, confidentiality requirements, or common practice. I agree to comply with State or Federal law, confidentiality requirements, and regulations relating to confidentiality. I shall not divulge any personal data, confidential information, or data that is owned or maintained by the City or by another party, to anyone other than employees of parts of the City organization for whom I provide services, and then only when it is required in the performance of my job duties. When I am required to share personal data, confidential information, or data that is owned or maintained by another party, related to the resolution of a technical issue, I shall only share information with staff required to address the specific issue, and only if that staff is bound by the same confidentiality agreement. I understand that certain material, which I may handle or create during the course of my contract, may personally affect me, a member of my immediate family or extended family, or my significant other(s). I acknowledge that access to such personal data could raise a personal or financial conflict of interest between my personal and professional responsibilities. To avoid any possibility of conflict of interest, if I determine that I have a potential conflict that may result in my inability to perform objectively my professional responsibilities or that even has the appearance of impropriety, I shall immediately cease all activity on the work task and advise the Get FoCo Program Lead or Technical Lead of the situation. If I have questions about what may constitute a conflict of interest, I will consult the Get FoCo Program Lead or Technical Lead. I further understand failure to disclose and notify a Get FoCo Lead of a conflict of interest and failure to terminate immediate activity on the work task, as provided above, may result in disciplinary action up to and including termination of my contract and possible prosecution. I understand that as part of my work, I may have access to systems and data which could be a source of information or used for personal gain for myself, my friends, my family, and others. I shall never use my work privilege to gain access to, create, alter, or delete information for personal knowledge or gain for myself, my family, friends, or others. DocuSign Envelope ID: DDF0A8B3-60EC-48B3-AB5D-DB6A855C0333 Official Purchasing Document Last updated 2/1/2023 Services Agreement SS 2022 Get FoCo – Penoptech Page 11 of 11 I further understand that use of my work privilege to access, create, alter, or delete information for personal knowledge or gain for myself, my family, friends, or others may result in disciplinary action up to and including termination of my contract and possible prosecution. If I am asked to provide access to information, outside the normal execution of my duties, that may not be deemed confidential but which is owned or maintained by another party, I will direct the individual making the inquiry to the party who owns or maintains the data. I understand that all passwords, ID numbers, and other procedures related to the legitimate access of data must be kept secure, that they are personal to the employee to whom access is authorized and cannot be shared. I understand that upon completion of my contract with the City of Fort Collins, I will provide all account and password information for all systems and services to which I have access. I also understand that any knowledge of, or any use of City systems beyond that which is allowed to any community member, that is not specifically granted to me in writing, is absolutely prohibited. I will comply with the statements in this Confidentiality Agreement both during and upon completion of my contract with the City of Fort Collins. I am aware that a violation of this Agreement will result in disciplinary action up to and including termination of my contract and possible prosecution. DocuSign Envelope ID: DDF0A8B3-60EC-48B3-AB5D-DB6A855C0333 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 ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED 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 HIRED AUTOS ONLY 10/28/2022 Next First Insurance Agency, Inc.PO Box 60787Palo Alto, CA 94306 Jade CowanPenoptech LLC1281 E Magnolia St Ste DFort Collins, CO 80524 (855) 222-5919 support@nextinsurance.com 485212380 A X X X 10/28/2022 10/28/2023 1,000,000.00 100,000.00 5,000.00 2,000,000.00 2,000,000.00 Jade CowanPenoptech LLC1281 E Magnolia St Ste DFort Collins, CO 80524 1,000,000.00NXTL7F7JX7-00-GL Next Insurance US Company 16285 Proof of Insurance. LIVE CERTIFICATE Click or scan to view DocuSign Envelope ID: DDF0A8B3-60EC-48B3-AB5D-DB6A855C0333