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HomeMy WebLinkAbout584089 LINDEN GATE CONSULTING LLC - CONTRACT - AGREEMENT MISC - LINDEN GATE CONSULTING LLCSecond Amendment to the Professional Services Agreement Work Order Type between The City of Fort Collins and Linden Gate Consulting LLC This Second Amendment (the “Second Amendment”) to the Professional Services Agreement between the CITY OF FORT COLLINS and LINDEN GATE CONSULTING LLC is entered into by and between Linden Gate Consulting LLC, (the “Professional”) and the City of Fort Collins, Colorado (the “City”). WHEREAS, the Professional and the City mutually entered into a Professional Services Agreement Work Order Type for consulting in connection with the City’s broadband initiative with an effective date of June 19, 2017 (the “Agreement”); and WHEREAS, the Parties renewed the Agreement for 2018 and changed the compensation level with the First Amendment executed December 28, 2017; and WHEREAS, Professional and the City wish to renew the Agreement for up to an additional year; and WHEREAS, Professional and the City desire to amend the Agreement to revise the compensation provision for work performed under the Agreement. NOW, THEREFORE, in consideration of the foregoing recitals and the mutual promises herein contained, the parties agree as follows: 1. Section 1, Scope of Services is revised as follows: All references in the Agreement to Work Orders will no longer apply. The Scope of Services to be performed by the Professional shall be as directed by the City’s Representative Colman Keane or his designee. 2. Section 4, Contract Period, is deleted in its entirety and replaced with the following: “This Agreement shall commence January 1, 2019, and shall continue in full force and effect until December 31, 2019, unless sooner terminated as herein provided.” 3. Section 7, Compensation, paragraph a is deleted in its entirety and replaced with the following: “Effective January 1, 2019 the City shall pay Professional a fix fee of $2,307 per week.” 4. Section 5, Early Termination by City/Notice is revised as follows: The notice period stated in the second sentence is changed from “…fifteen (15) days” to “…four (4) weeks”. Except as expressly amended by this Second Amendment, all other terms and conditions of the Agreement, as previously amended by the First Amendment shall remain in full force and effect. In the event of a conflict between the terms of the Agreement as amended and this Second Amendment, this Second Amendment shall prevail. Amendment 2 - Linden Gate Consulting LLC Page 1 of 2 DocuSign Envelope ID: 9FDA0CF2-B91D-4706-BBED-ECADCA82899F IN WITNESS WHEREOF, the parties have executed this Second Amendment the day and year shown. CITY OF FORT COLLINS: By: Gerry Paul Purchasing Director DATE: LINDEN GATE CONSULTING LLC By: Brad Ward Owner Date: Amendment 2 - Linden Gate Consulting LLC Page 2 of 2 DocuSign Envelope ID: 9FDA0CF2-B91D-4706-BBED-ECADCA82899F 1/18/2019 12/29/2018 Second Amendment to the Professional Services Agreement Work Order Type between The City of Fort Collins and Linden Gate Consulting LLC This Second Amendment (the “Second Amendment”) to the Professional Services Agreement between the CITY OF FORT COLLINS and LINDEN GATE CONSULTING LLC is entered into by and between Linden Gate Consulting LLC, (the “Professional”) and the City of Fort Collins, Colorado (the “City”). WHEREAS, the Professional and the City mutually entered into a Professional Services Agreement Work Order Type for consulting in connection with the City’s broadband initiative with an effective date of June 19, 2017 (the “Agreement”); and WHEREAS, the Parties renewed the Agreement for 2018 and changed the compensation level with the First Amendment executed December 28, 2017; and WHEREAS, Professional and the City wish to renew the Agreement for up to an additional year; and WHEREAS, Professional and the City desire to amend the Agreement to revise the compensation provision for work performed under the Agreement. NOW, THEREFORE, in consideration of the foregoing recitals and the mutual promises herein contained, the parties agree as follows: 1. Section 1, Scope of Services is revised as follows: All references in the Agreement to Work Orders will no longer apply. The Scope of Services to be performed by the Professional shall be as directed by the City’s Representative Colman Keane or his designee. 2. Section 4, Contract Period, is deleted in its entirety and replaced with the following: “This Agreement shall commence January 1, 2019, and shall continue in full force and effect until December 31, 2019, unless sooner terminated as herein provided.” 3. Section 7, Compensation, paragraph a is deleted in its entirety and replaced with the following: “Effective January 1, 2019 the City shall pay Professional a fix fee of $2,307 per week.” 4. Section 5, Early Termination by City/Notice is revised as follows: The notice period stated in the second sentence is changed from “…fifteen (15) days” to “…four (4) weeks”. Except as expressly amended by this Second Amendment, all other terms and conditions of the Agreement, as previously amended by the First Amendment shall remain in full force and effect. In the event of a conflict between the terms of the Agreement as amended and this Second Amendment, this Second Amendment shall prevail. Amendment 2 - Linden Gate Consulting LLC Page 1 of 2 DocuSign Envelope ID: 9FDA0CF2-B91D-4706-BBED-ECADCA82899F IN WITNESS WHEREOF, the parties have executed this Second Amendment the day and year shown. CITY OF FORT COLLINS: By: Gerry Paul Purchasing Director DATE: LINDEN GATE CONSULTING LLC By: Brad Ward Owner Date: Amendment 2 - Linden Gate Consulting LLC Page 2 of 2 DocuSign Envelope ID: 9FDA0CF2-B91D-4706-BBED-ECADCA82899F CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 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). PRODUCER CONTACT NAME: PHONE FAX (A/C, No, Ext): (A/C, No): E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence) $ CLAIMS-MADE OCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ POLICY PRO- LOC $ JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS (Per accident) $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION $ $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS' LIABILITY TORY LIMITS ER Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N / A (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD LINDE-3 OP ID: RG 01/18/2019 Phone: 970-223-1804 Front Range Insurance Group 2002 Caribou Drive, Ste. 101 Fort Collins, CO 80525 David A. Wooldridge LUTCFAAI Fax: Pinnacol Assurance 41190 Linden Gate Consulting LLC CNA Insurance Companies 20427 1003 Linden Gate Ct Fort Collins, CO 80524 2,000,000 B X X 6021560041 06/15/2018 06/15/2019 300,000 X 10,000 2,000,000 4,000,000 4,000,000 X 1,000,000 B 6021560041 06/15/2018 06/15/2019 X X X A 4202347 06/01/2018 06/01/2019 100,000 100,000 500,000 The for City, General its Liability officers, and agents Automobile and employees Liability are for named any as claims additional arising insured out of work performed for the City of Fort Collins. CITYOFF City of Fort Collins PO Box 580 Fort Collins, CO 80522 DocuSign Envelope ID: 9FDA0CF2-B91D-4706-BBED-ECADCA82899F