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Home My WebLink AboutABS AVIATIONS AIRPORT BUSINESS SOLUTIONS - CONTRACT - CONTRACT - INTERGOVERNMENTALAGREEMENT For Professional Services THIS AGREEMENT ("Agreement") is made and entered into this L day of _, 200 by and between the CITY OF LOVELAND, COLORADO, a home rule ("Love and'), the CITY OF FORT COLLINS, COLORADO, a home rule municipality ("Fort Collins') (Loveland and Fort Collins collectively referred to as "City") and ABS AVIATION CONSULTANCY INC, DBA AIRPORT BUSINESS SOLUTIONS ("Consultant') WHEREAS, City is undertaking the following project Scope of services is listed on the attached Exhibit A (`Project!), and WHEREAS, City desires to retain the services of Consultant to complete the Project as set forth in this Agreement, and WHEREAS, Consultant desires to provide those services to City NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties agree as follows 1 Services City agrees to retain Consultant to provide the services set forth herein, and as further specified in Exhibit A, attached hereto and incorporated herein by reference ("Services', and Consultant agrees to so serve Consultant warrants and represents that it has the requisite authority, capacity, experience, and expertise to perform the Services in compliance with the provisions of this Agreement and all applicable laws and agrees to perform the Services on the terms and conditions set forth herein City reserves the right to omit any of the Services identified in Exhibit A upon written notice to Consultant In the event of any conflict between this Agreement and Exhibit A, the provisions of this Agreement shall prevail 2 Compensation City agrees to pay Consultant a sum not to exceed $35,000 for the Scope of Services as detailed in the attached Exhibit A and a not to exceed amount of $5,000 for out of pocket expenses, adjusted to reflect the deletion by City of any of the Services set forth in Exhibit A City shall make payment upon receipt and approval of invoices submitted by Consultant, which invoices shall be submitted to City not more frequently than monthly and which shall identify the specific Services performed for which payment is requested 3 Term The Term of this Agreement shall be from the date first written above until August 1, 2008, unless extended by written agreement of the parties 4 Appropriation The parties agree and acknowledge that this Agreement does not constitute a multiple fiscal year debt or financial obligation of City based on City's ability to terminate this Agreement pursuant to "Termination," below Consultant acknowledges that City has made no promise to continue to budget funds beyond the current fiscal year and that City has and will pledge adequate cash reserves on a fiscal year -by fiscal year basis 5 Monitoring and Evaluation City reserves the right to monitor and evaluate the progress and performance of Consultant to ensure that the terms of this Agreement are being satisfactorily met in accordance with City's and other applicable monitoring and evaluating Page 1 of 10 Analysis and recommendations for other future through -the -fence agreements at other FNL Airport locations a Deliverables shall include 1 Assessment of potential for such agreements n Determination of costs to the auport to allow and support access in Determination of the value to the users/property owners of the through - the -fence agreement iv Fee recommendation for the access privilege v Administrative framework for management of through the -fence agreements 5 Review and analysis of parity between proposed Airpark of the Rockies agreement, including all facets, and on -airport operations, notably reviewing parity questions tied to potential FAA -Part 16 issues i Review of panty of an FBO located on the Airpark property and the FBO located on the airport 6 Review and analysis of FNL real estate holdings i Assessment of current assets on airport u Valuation of current assets in Assessment of real estate assets adjacent to the airport ry Determination of costs associated with the managementimaintenance of these assets v Recommendations related to the business model to support future planning and investment in the airport owned assets 1 Model for hangar ownership/management 2 Investment model and return on investment for airport initiated development projects, including key utility and transportation infrastructure 3 Current airport trends for on -airport investment models 4 Limitations to model success 5 Recommendations for new and innovative revenue potential, non aviation and aviation related vi Review and recommendations of current airport ground lease rates and lease terms/conditions for private hangar development and aeronautical commercial development vu Administrative structure necessary to support various investment and maintenance models EXHIBIT B CERTIFICATE OF EXEMPTION FROM STATUTORY WORKERS, COMPENSATION LAW AND ACKNOWLEDGEMENT OF RISK(ROLD HARMLESS AGREEMENT AIRPORT BUSINESS SOLUTIONS ("Consultant") certifies to the City of Loveland (" City') that it is a �o�✓-C/ oNsl �u .oa=u#ustrti kxpjkm —8and therefore exempt from the provisions of the Colorado Workers' Compensation Actq If Consultant subsequently employs any person to perform the Services (other than subcontractors, which are not considered employees for the purposes of workers' compensation), it agrees to provide City with a Certificate of Insurance as required by the Agreement indicating proof of statutory workers' compensation coverage on such persons prior to their start of work for City Consultant acknowledges that it will be engaging in activities which exposes it to the risk of bodily injury, that it is physically capable of performing the activities, and that all necessary precautions to prevent injury to Consultant and others will be taken Consultant shall not hold City liable for any injuries sustained, by it or others, which may anse out of or in the course of the work performed for or on behalf of City, and Consultant agrees to defend, indemnify, and hold harmless City from all such claims CONSULT WBB SOLUTIONS By Title re�e �C G.evrg (� STATE OF CAOL61€AB9 ) ss COUNTY OF C ) The foregoing Certificate of Exemption From Statutory Workers' Compensation Law and Acknowl�doement of Risk/Hold Harmless Agreement was acknowledged before me this f�S2ti day of A4wLam &,- , 200 7 by 2, Xa,./ 4 /.(n �S Witness my hand and official seal My Commission Expires ( 4e<, a2 37 o (o Notary Public DONA BILGRAD Notary Public Cobb County Georgia My Commission Expires October 23 2010 Paj6'9141 SRN-17-EMB 17 06 From To 919709622855 P 1/2 OP ID S DATEIMMIDINTY ) ACOA CERTIFICATE OF LIABILITY INSURANCE AZSAV-1 0l la oa PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Brown A Brown of Florida InC HOLDER THIS CERTIFICATE FOES NOT AMEND EXTEND OR P O Box 15519 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Tampa EL 33664-5519 Phone 013-226-1300 Faxeal3-226-1313 IINSURERS AFFORDING COVERAGE NAICP ASS Aviation Consultancy. Inc 'INSURERS DBA Ai ort Business Solutions NRURERC Dona ST�lgrad 10014 N Dale Mabry #101 INSURFgD Tampa PL 33618 N6URERE l VvTNFALsaa THE PCUCIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED 10 THE WGURCO NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REC UMMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH AE9PECT TO WHICH THIS CERTIFICATE MAY SE ISSUED OR MAY PERTAIN. THE NEURANCE AFFORDED BY THE POLICIES DE9CRaED HEREIN IS SUGUECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLM& AGGREGATE LINTS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS LTq 11 TYPE OF N9URANCE GENERAL UAIRITY A X X COMMEACuIGENFRALLMMLIP CLAIMS MADE OCCUR POLICY NUMBER DATE TB W 207034S9 01/04/08I 02/04/09 U1AI19 EACHOCCURRINCE S1r000 OOO PRw6EB��o ": s50 000 $$ 000_ MED VIP Wry oM Pe"? 0ER90NALBACV IN.RIRY s1,000,000 GENERALAOGgEGATF SY 000 000 PRODUCTS COMPIOP AGG 162, 000, 000 00n AGGREGATE UNIT APPLIES PER I Eap Ben I No Coverage POLICY 7 uCT lOC AUTOMOBILE LIABILITY COMBINEDSINGLe LIMIT (EJ ASPtlAA1) S ANYAUTO ALLOWNEDAIROS SCNEDULBDAUTOS BODILY INJL (PIN perPnl S HASDAUTOS BODILVINJURY (PM AttIGAnI) S NONUWNEO AUTOS PROPERTY DAMAGE (W N00mO S GARAGELIABIUTY AUTO ONIY EA AfL106N7 S OTHER THAN r11ACC AUTO ONLY AGO S S ANY AUTD EKLCMUNRELLA UAINLITY EACH OCCURRENCE S AGGREGATE S OCCUR CLAIMS MADE S S DEDUCTIBLE —� RETEMION S WORKERS COMPONSATION AND JU— TORYUMITS ER MLOTERC LIABILITY E L EACH ACCIDENT 5 ANY PROPREIOMPARTNGME)SCUTNF OFFICER,M"IMIR EXCLU0E07 � OISGASE EAEMPLUMM S S�6CIALPRDL MBSIPN EL DISEASE POLICY LIMIT r— S OTHER DESCRVRON OF OPEIIATNWS ILOCATIONS IVENIUES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECML PROVISIONS Pax 970-962-2855 City of Port Collins and City of Loveland Co are include as additional insureds City of Fort Collins City of Loveland Dave Gordon, Airport Manager 4900 Barhart Road Loveland CO SOS38 25 CITYPTC SHOULD ANY OP TN@A6011@O@9CR166D POUtlLS B@GANC@LLE06@POgE PN6 @7IPIMTIOM OAll TNEISIOF TN@ISSIRNC N9UR@R VAIN [NDGVOR TO MAR 030 DAYSWMrMN NOTN:6TOTNE CBIRIFICATE IKJLOER NAMED TOTNE LEFT BUT FAILURE TO DO @0 ENALL W086 NO 0I110ATION OR LUMMLTIY OP ANY KIND UPON THE INSURBIL FPS AGENTS opt JrN`I-17-2008 17 06 From To 9197096aem P 2�2 IMPORTANT If the certificate holder is an ADDITIONAL INSURED the pollcy(les) must be endorsed A statement on this certificate does not confer rights to the cerfificate holder in lieu of such endorsements) If SUBROGATION IS WAIVED, sub)ect 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) DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing Insurer(s), authorized representative or producer and the certificate holder nor does it affirmatively or negatively amend extend or after the coverage afforded by the policies listed thereon rQq Poet R" Fax Note 7671 �a1e pea°geed TO Rrom Co ro� Co PIIOne I Phone e Fax* OO Fex e ACORo 25 (20mro8) FROM FRX NO Nov 13 2007 03 34PM P2 Airport Business Solutions November 13, 2007 Mr David Gordon City of Loveland 4900 Earhart Road Loveland, CO 80537 10014.N Dale Mabry H*y, Sude 101 Tampa, Florida 33618 Prone (813) 269-2525 Far. (813) 269-8022 Re Certificates of Insurance per Agreement City of Loveland and Fort Collins, CO please find enclosed Certificates of Insurance for - General Liability/Auto (Non -Owned) and be advised that ABS does not own any company vehicles. Cattficate of Exemption from Flondavfor the Worker's Compensation. ABS is not required to carry W/C under Florida Corporation Law, since there are no employees I have ordered a Certrfieate for our professional Liability to be sent directly to you, but have enclosed a sample Certificate Holder for your review - Thank you, and if you have any questions, please call Dona Bilgrad Q 678-908-9104 Sincerely, AMPPO�RTTBBUSSIINE�SSS j�SOLUTIONS Dona Bilgrad, Assistant to Michael A. Bodges, MAI, president bF INSURANCE BINDER A TEMPORARY INSURANCE CONTRACT SUBJECT TO THE CONDITIONS SH OP ID Cq DATE (MMIDDIYYYY) I 01/07/2008 Brown 6 Brown of Florida Inc P O Box 15519 Tampa FL 33684-5519 Sack 9ubMr PRO 1. N. EXQ 813-226-1300 CODE 12228 SUB CODE CY CUSTOMERS) OMERID ABSAV-1 INSURED ABS Aviation Consultancy, Inc DBA Airport Business Solutions 10014 N Dale Mabry #101 Tampa FL 33618 COVERAGES SOUTHERN -OWNERS DATE EFFECTIVE TIME X AM X tt p pM 1/04/08 12 01 PM 02/03/08 Nr N THIS BINDER IS ISSUED TO EXTEND COVERAGE IN THE ABOVE NAMED COMPANY PER EXPIRING POLICY p TBO LIMITS TYPE OF INSURANCE COVERAGHFORMS DEDUCTIBLE COINS % AMOUNT PROPERTY CAUSES OF LOSS BASIC AID BROAD D SPEC GENERAL LIABILITY _XXj COMMERCIAL GENERAL LIABILITY CLAIMS MADE 1:X1 OCCUR RETRO DATE FOR CLAIMS MADE EACH OCCURRENCE RENTED PREMISES $ 1 , 0O0 , 00 0 $5O 000 MED EXP (Any one m mn) s5,000 PERSONAL S ADV INJURY $ 1 OOO , 00 $2 000 000 IS 2, 060 , O0O GENERAL AGGREGATE PRODUCTS COMP/OP AGG AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULEDAUTOS HIREDAUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT $ $ BODILY INJURY (Per permn) BODILY INJURY (Pe s sntl $ PROPERTY DAMAGE S $ $ $ $ MEDICAL PAYMENTS PERSONAL INJURY PROT I NINSUREOMOTORIST AUTO PHYSICAL DAMAGE DEDUCTI8LE COLLISION _ _ OTHER THAN COL ALL VEHICLES SCHEDULED VEHICLES ACTUAL CASH VALUE $ STATED AMOUNT O HER GARAGE LIABILITY ANY AUTO _ AUTOONLY EAACCIDENT S $ OTHER THAN AUTO ONLY EACH ACCIDENT AGGREGATE $ EXCESS LL48P ITY UMBRELLA FORM OTHER THAN UMBRELLA FORM RETRO DATE FOR CLAIMS MADE EACH OCCURRENCE AGGREGATE 8 $ $ SELF INSURED RETENTION WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY WC STATUTORY LIMITS EL EACH ACCIDENT $ E L DISEASE EA EMPLOYEE $ E 1 DISFASF POI ICY, AMR 6 SPECIAL IFEES CONDTIIONS/ COVERAGES $ TAXES ESTIMATED TOTAL PREMIUM $ NAME a ADDRESS MORTGAGEE X ADDITIONAL INSURED LOSS PAYEE LOAN k Fort Collxne/Loveland Municipal Airport 4900 Earthart Road AUTHORIZED REPRESENT TIVE Loveland CO 80538 AGORD TO (ZU041091 NOTE IMPORTANT STATE INFORMATION OMREVERSE SIDE ® ACORD CORPORATION 1993 2004 01107MOS 10 21 (FAX) p 00VOR ----fe _ .►� ��kc: CERTIFICATE OF LIABILITY INSURANCE \...�• uv nt nua 11113 CCRHH'-ATIPSNWISSUEU R� MfOR ATlCN Watford ri lane Aje Lp lid wow dr UNLY AND (010E1118 NO [tIOHTS UPON THE LVRFIFI(ATE Y320 Uut Itwfl S140 HOLDEF THIS CERTIFIt-ATF LA)FS NUT AMEND EXTEND ON lalnu Pi Y9>5 ALTERTfIECOVhHAC6AfLORtJLLi RY HIE1IO1I^ICS9tLON INSURERS Ar Fr`ROING LX)VERAOE NAIC Y �VBUNIff +SuP FA I It wda - — - -_ -- Ajti All t¢ iCIn 101 LYI I I(t' EA A ro rt B I nan SN ov, 1rj hIY1a If {f Y�J 14 N Jk 1 Ifni a 33o b _ COVEM6E8 - E F- L[Z 1 . Nl L-1,,%1 E11 T 11M OR L YU TI01 U f T a it r LA 1 r BE CRT 1 +_ WSJb\N(L JIL,Rr )2 I tK i t 1 t 11 E L 1 L S �V 0 -I k. L.. DL t— YF! T tAUT4 NU Lh Id 1—+— MSNAJOII -- P I RI tl\f j tlPL CY kYpd TONI Lni N NL llI bINSIMN"6 h1 ' t 11 4! v 1Ai II NL I ^f T* ]YMFh(. 1 k/L L ilf MA A — I F1 tAl I Cie L A F a_ — F _ }_ �- tIMCF AI l j-- F A +J \ I AL t— � Jt RG c..uLaL l I G I S 1Gu J7V -LJA -- KC L IN HY y too J)1 I _ l.n l ^! ^ ll 1 .,eoL I Dm GE .. J IAFAULkUII AfLLIh lL !f .r Ln 1 AtI—c I (0 ly —I EA I c wF I C1 r rul 1—t CIAIPA N ,I OELtx.TE I S !Ih EN11( Nl hChS VMPE SATNIN FN M ty CVf IYYENS IANILI^r_— i e R ?AV 4 t 4 ` 4 Y_ F pA MfM[EN FA JDIL> yc i5 f Iry qu .Fp M I_ _ ,.Ia As 111 A � 1 I [E F� 4 A, A At 'Wu Gr S Orr 1 111'1 1,T �411601 6 nI F> IILI 4A .$ Y e i ZOGS L.XL Ls 40 V P 9J H- 4eF AS r 41 "JaNaga d"s 1WOw 0 6 S C41 TT-M-L-6€R '— — — _-- __ - F, P,rGme nJI s ' 49J0 Eal) afI Rd O+a m L u au -0 -�-- _ s H hs FSL tG IL L It r1t IJ✓M Lv I An nv _ V w a 1 f T> M t GTiI^A�IJ r'Y Ad ♦ ! L I �L ISIR R TS_Oe1BLR 4f 6LN 'E � 5 � G— aul 9 11-14-2005 TOM GALLAGHER STATE OF FLORIDA CHIEF FINANCIAL OFFICER DEPARTMENT OF FINANCIAL SERVICES DIVISION OF WORKERS' COMPENSATION e « CERTIFICATE OF EXEMPTION FROM FLORIDA WORKERS' COMPENSATION LAW NON -CONSTRUCTION INDUSTRY EXEMPTION This certifies that the Individual listed below has elected to be exempt from Florida Workers' Compensation Law EFFECTIVE DATE 11/02/2004 a "EXPiRAT10N DATE N/A PERSON HODGES MICHAEL A FEIN 201264518 BUSINESS NAME AIRPORT BUSINESS SOLUTIONS AND ADDRESS 10014 N DALE MABRY HWY #101 TAMPA FL 33618 SCOPES OF BUSINESS 11- CONSULTANT / MANAGEMENT OR TRADE IMPORTANT Pursuant to Chapter 440 0504), F S an officer of it corporation who elects exemption from this chapter by filing a certificate of election under this section may not recover benefits or compensation under this chapter OWC 252 CERTIFICATE OF ELECTION TO BE EXEMPT REVISED 01 04 allESTIONS? (850) 413 1609 PLEASE CUT OUT THE CARD BELOW AND RETAIN FOR FUTURE REFERENCE S i ATE OF FLURIuA DEPARTMENT OF FINANCIAL SERVICES DIVISION OF WORKERS COMPENSATION F NON -CONSTRUCTION INDUSTRY O CERTIFICATE OF EXEMPTION FROM FLORIDA WORKERS COMPENSATION LAW L IMPORTANT EFFECTIVE 11/02/2004 D # w EXPIRATION DATE N/A H Pursuant to Chapter 44005114) FS an officer of a PERSON MICHAEL A HODGES E corporation who elects exemption from this chapter by filing e certificate of election under this section may not recover FEIN 201284818 � benefits or compensation under this chapter BUSINESS NAME AIRPORT BUSINESS SOLUTIONS AND ADDRESS 10014 N DALE MABRY HWY #101 TAMPA FL 33018 AR3AVIAJil nwNin ACORD. CERTIFICATE OF PROPERTY INSURANCE �1113/20o PRODUCER (866) 380 7007 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Newtek Insurance Agency LLC HOLDER THIS CERTIFICATE DOES NOT AMEND EXTEND OR International Innovation Center ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW 301 Mexico Blvd Ste H3 A Room 220 COMPANIES AFFORDING COVERAGE Brownsville TX 78520-4159 COMPANY A National Union Fire Insurance Company of Pittsburgh Pa INSURED COMPANY ABS Aviation Consultancy Inc B 10014 N Dale Mabry Hwy 9101 COMPANY Tampa FL 33618 C COMPANY D 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 CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION COVERED PROPERTY LIMITS DATE(MMRID/YY) DATE(MMIDDrM PROPERTY BUILDING $ CAUSES a OF LOSS PERSONAL PROPERTY $ BASIC BUSINESS INCOME $ BROAD EXTRA EXPENSE $ SPECIAL BLANKET BUILDING $ EARTHQUAKE BLANKET PERS PROP a FLOOD BLANKET BLDG S PP E $ INLAND MARINE TYPE $ OF POLICY a E CAUSES OF LOSS NAMED PERILS $ OTHER CRIME E $ TYPE OF POLICY E BOILER A MACHINERY f AlOTHER A Professional Liability 006596810 7/5/2007 7/5/2008 Awp% Lim 1000000 A Professional Liability 006596810 7/5/2007 715/Y008 h Wm ngU Ad 1000000 LOCATION OF PREM1SESIDESCRIPnON OF PROPERTY SPECIAL CONDITIONSIOTHER COVERAGES C/O Mr David Gordon SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE Fort City Collins Loveland Colorado and City of EXPIRATION DATE THEREOF THE ISSUING COMPANY YOU ENDEAVOR TO MAIL DavidGoorrdon Colorado 30 DAYS WRITTEN NOTICETO THE CERTIFICATE HOWER HAMM To THEM" David 4900 Earhart Road BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO CBUGA nON OR LIABILITY Loveland CO 80537 OF ANY RIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES criteria and standards Consultant shall cooperate with City relating to such monitoring and evaluation. 6 City Property Reports, surveys, maps, plans, drawings, photographs, and any other tangible materials produced by Consultant pursuant to this Agreement shall at all times be considered City property 7 Independent Contractor The parties agree that Consultant shall be an independent contractor and shall not be an employee, agent, or servant of City Consultant is and state income tax on any money earned pursuant to this Agreement Insurance Requirements a Comprehensive General Liability Insurance Consultant shall procure and keep in force during the duration of this Agreement a policy of comprehensive general liability insurance insuring Consultant and naming City as an additional insured against any liability for personal injury, bodily injury, or death arising out of the performance of the Services with at least One Milhon Dollars ($1,000,000) each occurrence The limits of said insurance shall not, however, limit the liability of Consultant hereunder b Comprehensive Automobile Liability Insurance Consultant shall procure and keep in force during the duration of this Agreement a policy of comprehensive automobile liability insurance insuring Consultant and naming City as an additional insured against any liability for personal injury, bodily injury, or death arising out of the use of motor vehicles and covering operations on or off the site of all motor vehicles controlled by Consultant which are used in connection with the Project, whether the motor vehicles are owned, non owned, or hired, with a combined single limit of at least One Million Dollars ($1,000,000) The limits of said insurance shall not, however, limit the liability of Consultant hereunder c Professional Liability Insurance If Consultant is an architect, engineer, surveyor, appraiser, physician, attorney, accountant, or other hcrosed professional, or if it is customary in the trade or business in which Consultant is engaged to carry professional liability insurance, or if City otherwise deems it necessary, Consultant shall procure and keep in force during the duration of this Agreement a policy of errors and omissions professional liability insurance insuring Consultant against any professional liability with a ]unit of at least One Million Dollars ($1,000,000) per claim and annual aggregate The limits of said insurance shall not, however, limit the liability of Consultant hereunder d Terms of Insurance (1) Insurance required by tlus Agreement shall be with companies quahfied to do business in the State of Colorado with a general policyholder's financial rating of not less than A+3A as set forth in the most current edition of `Sest's Insurance Reports" and may provide for deductible amounts as Consultant deems reasonable for the Services, but in no event greater than Twenty Thousand Dollars ($20,000 00) No such policies shall be cancelable or subject to reduction in coverage hints or other modification except after thirty (30) days prior written Page 2 of 10 notice to City Consultant shall identify whether the type of coverage is "occurrence" or "claims made " If the type of coverage is "claims made," which at renewal Consultant changes to "occurrence," Consultant shall cant' a six (6)- month tail Consultant shall not do or permit to be done anything that shall invalidate the policies (u) The policies described in subparagraphs a and b above shall be for the mutual and joint benefit and protection of Consultant and City Such policies shall provide that City, although named as an additional insured, shall nevertheless be entitled to recovery under said policies for any loss occasioned to it, its officers, employees, and agents by reason of negligence of Consultant, its officers, employees, agents, subcontractors, or business mvitees Such policies shall be written as primary policies not contributing to and not in excess of coverage City may carry e Workers' Compensation and Other Insurance During the term of this Agreement, Consultant shall procure and keep in force workers' compensation insurance and all other insurance required by any applicable law If under Colorado law Consultant is not required to carry workers' compensation insurance, Consultant shall provide City an executed Certificate of Exemption From Statutory Workers' Compensation Law and Acknowledgement of Risk/Hold Harmless Agreement, which shall be attached hereto as Exhibit B and incorporated herein by reference f Evidence of Coverage Before commencing work under this Agreement, Consultant shall furnish to City certificates of insurance policies evidencing insurance coverage required by this Agreement Consultant understands and agrees that City shall not be obligated under this Agreement until Consultant furnishes such certificates of insurance g Subcontracts Consultant agrees to include the insurance requirements set forth in this Agreement in all subcontracts City shall hold Consultant responsible in the event any subcontractor fails to have insurance meeting the requirements set forth in this Agreement City reserves the right to approve variations in the insurance requirements applicable to subcontractors upon joint written request of subcontractor and Consultant if, in City's opinion, such variations do not substantially affect City's interests 9 Indemmfication Consultant hereby covenants and agrees to indemnify, save, and hold harmless City, its officers, employees, and agents from any and all liability, loss, costs, charges, obligations, expenses, attorney's fees, litigation, judgments, damages, claims, and demands of any kind whatsoever arising from or out of any negligent act or omission or other tortious conduct of Consultant, its officers, employees, or agents in the performance or nonperformance of its obligations under this Agreement 10 Termination a Generallv City may terminate tlus Agreement without cause if it determines that such termination is in City's best interest City shall effect such termination by giving written notice of terminabon to Consultant, specifying the effective date of termination, at least fourteen (14) calendar days prior to the effective date of Page 3 of 10 termination In the event of such termination by City, City shall be liable to pay Consultant for Services performed as of the effective date of termination, but shall not be liable to Consultant for anticipated profits Consultant shall not perform any additional Services following receipt of the notice of termination unless otherwise instructed in writing by City b For Cause If, through any cause, Consultant fails to fulfill its obligations under this Agreement in a timely and proper manner, violates any provision of this Agreement, or violates any applicable law, City shall have the right to terminate this Agreement for cause immediately upon written notice of termination to Consultant In the event of such termination by City, City shall be liable to pay Consultant for Services performed as of the effective date of termination, but shall not be liable to Consultant for anticipated profits Consultant shall not perform any additional Services following receipt of the notice of termination Notwithstanding the above, Consultant shall not be relieved of liability to City for any damages sustained by City by virtue of any breach of this Agreement, and City may withhold payment to Consultant for the purposes of setoff until such time as the exact amount of damages due to City from Consultant is determined 11 Work By Illegal Aliens Prohibited This paragraph shall apply to all Consultants whose performance of work under this Agreement does not involve the delivery of a specific end product other than reports that are merely incidental to the performance of said work a Consultant hereby certifies that, as of the date of this Agreement, it does not knowingly employ or contract with an illegal alien and that Consultant has participated or attempted to participate in the basic pilot employment verification program as defined in C R S § 8 17 5-101(1) ("Program") in order to verify that it does not employ illegal aliens b Consultant shall not knowingly employ or contract with an illegal alien to perform works under this Agreement or enter into a contract with a subcontractor that fails to certify to Consultant that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement c Consultant hereby certifies that it has verified or attempted to verify through participation in the Program that Consultant does not employ any illegal aliens and, if Consultant is not accepted into the Program prior to entering into this Agreement, that Consultant shall apply to participate in the Program every three (3) months until Consultant is accepted or this Agreement has been completed, whichever is earlier d Consultant is prohibited from using Program procedures to undertake pre- employment screening of job applicants while this Agreement is being performed e If Consultant obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Consultant shall be required to Page 4 of 10 (i) notify the subcontractor and City within three (3) days that Consultant has actual knowledge that the subcontractor is employing or contracting with an illegal alien, and (u) terminate the subcontract with the subcontractor if within three (3) days of receiving the notice required pursuant to this subparagraph the subcontractor does not stop employing or contracting with the illegal alien, except that Consultant shall not terminate the contract with the subcontractor if during such three (3) days the subcontractor provides mformahon to establish that the subcontractor has not knowingly employed or contracted with an illegal alien f Consultant shall comply with any reasonable request by the Colorado Department of Labor and Employment ("Department l made in the course of an investigation that the Department is undertaking pursuant to the authority established in C R S Article 17 5 g If Consultant violates this paragraph, City may terminate this Agreement for breach of contract If this Agreement is so terminated, Consultant shall be liable for actual and consequential damages to City 12 Compliance with C R S & 24-76 5-103 M. If Consultant is a natural person (i e , not a corporation, partnership, or other legally -created entity) 18 years of age or older, he/she must do the following (i) complete the affidavit attached to this Agreement as Exhibit C (u) attach a photocopy of the front and back of one of the valid forms of identification noted on Exhibit C b If Consultant executes the affidavit stating that he/she is an alien lawfully present in the United States, City shall verify his/her lawful presence through the federal systematic alien verification or entitlement program, known as the "SAVE Program," operated by the U S Department of Homeland Security or a successor program designated by said department In the event City determines through such verification process that Consultant is not an alien lawfully present in the United States, City shall temimate this Agreement and shall have no further obligation to Consultant hereunder 13 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 immunities, rights, benefits, protections, or other provisions of the Colorado Governmental Irnmumty Act, C R S §§ 24-10-101 etseq 14 Governing Law and Venue This Agreement shall be governed by the laws of the State of Colorado, and venue shall be in the County of Larimer, State of Colorado 15 Assignability Consultant shall not assign this Agreement without City's prior written consent Page 5 of 10 16 Binding Effect This Agreement shall be binding upon, and shall inure to the benefit of, the parties hereto and their respective heirs, personal representatives, successors and assigns 17 Survival Clause The "Indemnification" provision set forth in this Agreement shall survive the completion of the Services and the satisfaction, expiration, or termination of this Agreement 18 Entire Agreement This Agreement contains the entire agreement of the parties relating to the subject matter hereof and, except as provided herein, may not be modified or amended except by written agreement of the parties 19 Severability In the event a court of competent jurisdiction holds any provision of this Agreement invalid or unenforceable, such holding shall not invalidate or render unenforceable any other provision of this Agreement 20 Headings Paragraph headings used in this Agreement are for convenience of reference and shall in no way control or affect the meaning or interpretation of any provision of this Agreement 21 Notices Written notices required under this Agreement and all other correspondence between the parties shall be directed to the following and shall be deemed received when hand -delivered or three (3) days after being sent by certified mail, return receipt requested If to City David Gordon City of Loveland 4900 Earhart Road Loveland, CO 80537 If to Consultant Michael Hodges Airport Business Solutions 10014 N Dale Mabry Highway, Suite 101 Tampa, Florida 33618 4426 22 Time of the Essence Consultant acknowledges that time is of the essence of this Agreement Consultant's failure to complete any of the Services contemplated herein during the Term of this Agreement or as may be more specifically set forth in Exhibit A, shall be deemed a breach of this Agreement 23 Special Provisions As an amendment to Paragraph 8, City is not required to be listed as an additional insured on Automobile Insurance Policy IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written Page 6 of 10 `%%111111111" OF Lo OZORADO ATrEST City Clerk APPROVED An6 STO FORM �/ 7� 0) 2- Assistant City Attorney STATE OF COLORADO Title CITY OF FORT COLLINS, COLORA�D(O By 9 ,J"<� Title rr4 of Purchasing and Risk Management ss COUNTY OF i /O� /S -7007 a "y DON BILGPAD Notary Public Cobb County Georgia � { My Commission Expires October 23 2010 f The foregoing Agreement was acknowledged before me this �5<"day of TILPMAer 20011 by22be-h¢gf 4 _ (Qcr9g� S (Consultant's name) Witness my hand and official seal My commission expires 4/ O Notary Public r DONA BILGRAD Notary Public J Cobb County Georgia GC My Commission Expires October 23 2010 pnu��0d Page 8of10 EXHIBIT A Fort Collms-Loveland Airport Professional Services Agreement Scope of Services Airport Business Solutions This project is designed to review existing and future agreements related to through -the -fence access to the Fort Collins -Loveland Airport, as well as review FNL land holdings and capital assets The airport sponsors are requesting the following analysis Review and analysis of "through -the -fence" agreement from 1986 — Name Triad Agreement a Deliverables shall include r Assessment of current agreement u Determination of costs to the airport to allow and support access in Determination of the value to the users/property owners of the through - the fence agreement ry Fee recommendation for the access privilege v Assess feasibility/advisability of utilizing a metro district for access payment Review and analysis of proposed "through -the -fence" agreement with Ai park of the Rockies a. Deliverables shall include i Assessment of proposed agreement n Determination of costs to the auport to allow and support access in Determination of the value to the users/property owners of the through - the -fence agreement iv Fee recommendation for the access privilege v Review of panty of proposal between currently proposed metropolitan district financing proposal and standard fee access 3 Review and analysis of current Fixed Based Operator (FBO) lease, currently with Jet Centers, Ine. a Deliverables shall include i Assessment of current agreement to current market conditions n Assessment of current FBO's financial performance ul Recommendation of new lease agreement framework and parameters including but not limited too, 1 Lease rate 2 Fees 3 Services 4 Term 5 Performance metrics