Loading...
HomeMy WebLinkAboutNATIVE ROOTS LLC - CONTRACT - AGREEMENT MISC - NATIVE ROOTS LLCServices Agreement Misc – Native Roots Page 1 of 13 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 NATIVE ROOTS LLC, 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 three (3) pages and incorporated herein by this reference. Irrespective of references in Exhibit A to certain named third parties, Service Provider shall be solely responsible for performance of all duties hereunder. 2. Time of Commencement and Completion of Services. The services to be performed pursuant to this Agreement shall be initiated within five (5) days following execution of this Agreement. Services shall be completed in accordance with Exhibit “B”, consisting of one (1) page, attached hereto and incorporated herein. Time is of the essence. Any extensions of the time limit set forth above must be agreed upon in a writing signed by the 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 fifteen (15) 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 fifteen (15) 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 when mailed, postage prepaid and sent to the following addresses: Service Provider: City: Copy to: Natvie Roots LLC Attn: Steven Paulsen 2475 E 3600 N Twin Falls, ID City of Fort Collins Attn: Crystal Strouse PO Box 580 Fort Collins, CO 80522 City of Fort Collins Attn: Purchasing Dept. PO Box 580 Fort Collins, CO 80522 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. Such payment shall be the Service DocuSign Envelope ID: B6158445-A95A-4A4F-A5DA-142E255E54CA Services Agreement Misc – Native Roots Page 2 of 13 Provider's sole right and remedy for such termination. 5. Contract Sum. The City shall pay the Service Provider for the performance of this Contract, subject to additions and deletions provided herein, on a per item basis in accordance with the attached Exhibit "C", consisting of two (2) pages, and incorporated herein by this reference. 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 concerning this agreement shall be directed to the City Representative. 7. 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. 8. 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. 9. 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. 10. 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. 11. 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. DocuSign Envelope ID: B6158445-A95A-4A4F-A5DA-142E255E54CA Services Agreement Misc – Native Roots Page 3 of 13 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 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. 12. 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. 13. 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 himself 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. 14. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire agreement between the parties 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. 15. 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 DocuSign Envelope ID: B6158445-A95A-4A4F-A5DA-142E255E54CA Services Agreement Misc – Native Roots Page 4 of 13 Exhibit D, 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 Director of Purchasing and Risk Management, 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. 16. Entire Agreement. This Agreement, along with all Exhibits and other documents incorporated herein, shall constitute the entire Agreement of the parties. Covenants or representations not contained in this Agreement shall not be binding on the parties. 17. Law/Severability. The laws of the State of Colorado shall govern the construction interpretation, execution and enforcement of this Agreement. 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 Employing Illegal Aliens. 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 an illegal alien 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 an illegal alien to perform work under this Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien 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 an illegal alien, Service Provider shall: 1. Notify such subcontractor and the City within three days that Service Provider has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and DocuSign Envelope ID: B6158445-A95A-4A4F-A5DA-142E255E54CA Services Agreement Misc – Native Roots Page 5 of 13 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 the illegal alien; 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 an illegal alien. 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. 19. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit "E" - Confidentiality, consisting of one (1) page, attached hereto and incorporated herein by this reference. CITY OF FORT COLLINS, COLORADO a municipal corporation By:_______________________________ Gerry Paul Director of Purchasing & Risk Management Date:_____________________________ NATIVE ROOTS LLC By:_______________________________ __________________________________ PRINT NAME __________________________________ TITLE Date:_____________________________ DocuSign Envelope ID: B6158445-A95A-4A4F-A5DA-142E255E54CA 4/24/2015 General Manager Steven Paulsen 4/27/2015 Services Agreement Misc – Native Roots Page 6 of 13 EXHIBIT A SCOPE OF WORK General  All seed, plants and cuttings will be provided solely by City of Fort Collins Natural Areas Department staff to the Professional. All germplasm utilized by the Professional must be that which was provided directly by the City of Fort Collins Natural Areas Department. The use of any germplasm other than that provided by the City of Fort Collins Natural Areas Department will result in immediate disqualification of the responsible Professional/nursery, as well as the potential for legal action.  Professional will strive to grow approximately 10,000 herbaceous plants and 587 woody, native plant species from the seed provided by the City of Fort Collins.  All herbaceous plants must be grown in 10 cu. in. plug containers, or alternative containers of a similar size, dimension, and attribute as preapproved by the City of Fort Collins Natural Areas Department.  Woody plant species may be grown in the following containers: 10 cu. in. plug or 8”x 1.5”.  Professional will grow seed already provided by the City of Fort Collins.  Professional must determine the best means to propagate plants.  Seed will be cleaned, pretreated for planting, germinated and grown by Professional.  Seed may be certified in terms of purity and viability (through Tetrazolium [TZ] testing) by the Colorado State University Seed Laboratory, by the City of Ft Collins.  The Professional shall inoculate all containerized plant materials with an appropriate mycorrhizal fungi mix for those species that are included in the scope of work for this contract. All deviation from a species-specific mycorrhizae mix will need to be pre- approved by the City of Ft. Collins Natural Areas Program. The City of Ft. Collins, at its discretion, will perform analysis to confirm that mycorrhizal inoculation was successfully performed for the included species by the contractor.  Plant availability is subject to propagation material available. The City of Fort Collins Natural Areas Department reserves the right to alter the requisite plant species as required by the project.  All plant materials provided by the City of Fort Collins are to be used exclusively by the City of Fort Collins Natural Areas Department.  All remaining plant material whether grown by seed or cuttings, regardless of condition, shall be returned to the City of Fort Collins by the end of the contract period. All materials provided by the City of Fort Collins Natural Areas Department remain the sole property of the City. Failure to account for all plant material will result in immediate disqualification of the responsible Professional/nursery as well as well as the potential for legal action. Health  All plants shall be insect, pest, weed and disease free.  All plants must be healthy, alive and have vigorous growth. DocuSign Envelope ID: B6158445-A95A-4A4F-A5DA-142E255E54CA Services Agreement Misc – Native Roots Page 7 of 13  Each plant must be properly labeled with its own tag, clearly listing the scientific name of the plant species.  Plants must be true to the plant species name indicated on its label. Stems/Trunk  For trees and shrubs – trunk and stems should be fairly straight, free of wounds, sunburned areas, conks, wood cracks, bleeding areas, signs of boring insects, galls, cankers/lesions and girdling ties.  Trees – trees species shall only have a single, relatively straight central leader free of codominant stems and vigorous upright branches that compete with the central leader.  Shoot growth on all plant material should be typical for the age and size of the species. Shoots should not be broken, diseased, distorted, dead or have any other serious branch injuries.  All plant forms should be typical for the particular plant species, as specified. Leaves  Leaves should be typical in size, shape, color and appearance for the time of year and stage of growth for the particular plant species.  Leaves should not be torn, withered, discolored, damaged by insects or any other abiotic or biotic source.  Leaves must reflect a healthy, vigorous plant condition. Roots  Roots shall be vigorous and healthy.  Root system should be free of injury from biotic (insects, pathogens etc…) and abiotic agents (herbicide toxicity, salt injury, excess irrigation etc…)  Root distribution should be uniform throughout the soil mix or growth media and typical for the species.  When rootball is removed from its container it should remain intact with a minimal to no soil loss and/or sloughing  Roots shall not be overgrown for container or root bound. Roots shall not be discolored, spiraled, j-hooked, or otherwise of a decadent nature. Delivery  Herbaceous plants shall be hardened off for a minimum of three weeks prior to delivery.  At time of inspection and delivery the rootball shall be moist throughout. The roots shall show no signs of excess soil moisture conditions as indicated by poor root growth, root discoloration, distortion, death or foul odor, or the presence of water roots.  The City of Fort Collins reserves the right to reject herbaceous plants, shrubs and trees that do not meet specifications as set forth in these guidelines. If a particular DocuSign Envelope ID: B6158445-A95A-4A4F-A5DA-142E255E54CA Services Agreement Misc – Native Roots Page 8 of 13 defect or substandard element can be easily corrected, appropriate remedies shall be required.  Notification of delivery by Professional shall occur one week prior to delivery day.  Professional must guarantee that all plant material arrives healthy, vigorous and without damage.  Professional must receive acceptance and approval of plant material from City of Fort Collins staff that are certified to acknowledge the specifications outlined in this document. Breakdown of Plants to Grow Type of Planting Material Size of Material Approximate Number of Plants Herbaceous 10 cu. in. or 4 inch pots 10,000 Woody 10 cu. in. or 8”x 1.5” or bare root 587 DocuSign Envelope ID: B6158445-A95A-4A4F-A5DA-142E255E54CA Services Agreement Misc – Native Roots Page 9 of 13 EXHIBIT B WORK SCHEDULE Schedule for Project April 2015- July 1, 2015 – Professional will clean, pretreat, germinate and grow collected seed. July 1, 2015- Professional will contact City of Fort Collins staff with expected delivery date. July 24-31, 2015– Professional will deliver propagated plant materials to City of Fort Collins Natural Areas Department at 1745 Hoffman Mill Road, Ft. Collins, CO. 80524. American Currant (Ribes americanum) timeline April 2015 – June 2016 – Professional will germinate, grow and over-winter Ribes americanum plants. March 1, 2016 - Professional will contact City of Fort Collins staff with expected delivery date of Ribes americanum. April 2015-June 2015 - Professional will deliver Ribes americanum to City of Fort Collins Natural Areas Department at 1745 Hoffman Mill Road, Ft. Collins, CO. 80524. DocuSign Envelope ID: B6158445-A95A-4A4F-A5DA-142E255E54CA Services Agreement Misc – Native Roots Page 10 of 13 EXHIBIT C COMPENSATION Prices vary according to the difficulty or necessary multiple steps in growing certain species: Forbs: Meadow anemone (Anemone canadensis) 10ci $1.15 Marsh milkweed (Asclepias incarnata) 10ci $1.45 Western virgin’s bower (Clematis ligusticfolia) 10ci $0.75 Tufted hairgrass (Deschampsia caespitosa) 10ci $0.75 Joe pye weed (Eutrochium maculatum) 10ci $0.75 Marsh sunflower (Helianthus nuttalii) 10ci $0.75 Duck potato (Sagittaria cuneata) 10ci $1.45 Lanceleaf figwort (Scrophularia lanceolata) 10ci $1.15 Giant goldenrod (Solidago gigantea) 10ci $0.75 Geyer’s aster (Symphyotrichum laeve var. geyeri) 10ci $0.75 Purple meadowrue (Thalictrum dasycarpum) 10ci $1.15 Blue verbena (Verbena hastata) 10ci $1.45 Starry false solomonseal (Maianthemum stellatum) 10ci $1.00 Cutleaf coneflower (Rudbeckia laciniata var. ampla) 10ci $0.75 Rocky Mtn. iris (Iris missouriensis) 10ci $1.45 Marsh skullcap (Scutellaria galericulata) 10ci $1.45 Blue-eyed grass (Sisyrinchium montanum) 10ci $1.45 American globeflower (Trollius laxus ssp. albiflorus) 10ci $1.15 Black-eyed Susan (Rudbeckia hirta) 10ci $0.75 Grasses: Prairie sandreed (Calamovilfa longifolia) 10ci $0.75 Fowl bluegrass (Poa palustris) 10ci $0.75 Sandberg bluegrass (Poa secunda) 10ci $0.75 Prairie cordgrass (Spartina pectinata) 10ci $0.75 Yellow Indiangrass (Sorghastrum nutans) 10ci $0.75 Sedges/Rushes: Water sedge (Carex aquatilis) 10ci $0.75 Jointleaf rush (Juncus articulatus) 10ci $0.75 Drummond’s rush (Juncus drummondii) 10ci $0.75 Dudley rush (Juncus dudleyi) 10ci $0.75 Swordleaf rush (Juncus ensifolius) 10ci $0.75 Hall’s rush (Juncus hallii) 10ci $0.75 Longstyle rush (Juncus longistylis) 10ci $0.75 Torrey’s rush (Juncus torreyi) 10ci $0.75 Common threesquare (Schoenoplectus pungens) 10ci $0.75 Panicled bulrush (Scirpus microcarpus) 10ci $0.75 DocuSign Envelope ID: B6158445-A95A-4A4F-A5DA-142E255E54CA Services Agreement Misc – Native Roots Page 11 of 13 Cloaked bulrush (Scirpus pallidus) 10ci $0.75 Shrubs: American currant (Ribes americanum) 10ci $1.15 Chokecherry (Prunus virginiana subsp. melanocarpa) 10ci $1.15 American plum (Prunus americana) 10ci $1.15 Plains cottonwood (Populus deltoides ssp. monolifera) 10ci $1.15 Golden currant (Ribes aureum) 10ci $1.15 Thinleaf alder (Alnus incana ssp. tenuifolia) 10ci $1.15 Leadplant (Amorpha fruticosa) 10ci $1.15 Water birch (Betula occidentalis) 10ci $1.15 Redtwig dogwood (Cornus sericea) 10ci $1.15 Snowberry (Symphoricarpos occidentalis) 10ci $1.15 DocuSign Envelope ID: B6158445-A95A-4A4F-A5DA-142E255E54CA Services Agreement Misc – Native Roots Page 12 of 13 EXHIBIT D INSURANCE REQUIREMENTS 1. 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, and containing substantially the following statement: “The insurance evidenced by this Certificate will not reduce coverage or limits and will not be cancelled, except after thirty (30) days written notice has been received by the City of Fort Collins.” 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. 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 for any claims arising out of work performed under this Agreement. 2. 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: 1. Workers' Compensation insurance with statutory limits as required by Colorado law. 2. Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee. B. Commercial General & Vehicle Liability. The Service Provider shall maintain during the life of this Agreement such commercial general liability and 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 each coverage, Commercial General and Vehicle, 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: B6158445-A95A-4A4F-A5DA-142E255E54CA New insurance Services Agreement Misc – Native Roots Page 13 of 13 EXHIBIT E 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: B6158445-A95A-4A4F-A5DA-142E255E54CA The ACORD name and logo are registered marks of ACORD CERTIFICATE HOLDER © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) AUTHORIZED REPRESENTATIVE CANCELLATION CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) JECT LOC PRO- POLICY GEN'L AGGREGATE LIMIT APPLIES PER: CLAIMS-MADE OCCUR COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence) $ DAMAGE TO RENTED EACH OCCURRENCE $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ DED RETENTION $ CLAIMS-MADE OCCUR $ AGGREGATE $ UMBRELLA LIAB EACH OCCURRENCE $ EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS PER STATUTE OTH- ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE If yes, describe under DESCRIPTION OF OPERATIONS below (Mandatory in NH) OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED HIRED AUTOS NON-OWNED AUTOS AUTOS AUTOS COMBINED SINGLE LIMIT BODILY INJURY (Per person) The ACORD name and logo are registered marks of ACORD CERTIFICATE HOLDER © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) AUTHORIZED REPRESENTATIVE CANCELLATION CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) JECT LOC PRO- POLICY GEN'L AGGREGATE LIMIT APPLIES PER: CLAIMS-MADE OCCUR COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence) $ DAMAGE TO RENTED EACH OCCURRENCE $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ DED RETENTION $ CLAIMS-MADE OCCUR $ AGGREGATE $ UMBRELLA LIAB EACH OCCURRENCE $ EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS PER STATUTE OTH- ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE If yes, describe under DESCRIPTION OF OPERATIONS below (Mandatory in NH) OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED HIRED AUTOS NON-OWNED AUTOS AUTOS 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. INSD ADDL WVD SUBR N / A $ $ (Ea accident) (Per accident) OTHER: 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). COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: INSURED PHONE (A/C, No, Ext): PRODUCER ADDRESS: E-MAIL FAX (A/C, No): CONTACT NAME: 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. INS025 (201401) 4/16/2015 Post Insurance Services, Inc. 2717 W. Bannock St. P.O. Box 8447 Boise ID 83707 Yvette Lyon (208)336-5600 (208)344-0651 ylyon@postins.com Living Earth, LLC P.O. Box 800 Kimberly ID 83341 Auto Owners Insurance 18988 Idaho State Insurance Fund 15/16 GL AL WC A X X X 57323997 4/9/2015 4/9/2016 1,000,000 300,000 10,000 1,000,000 2,000,000 2,000,000 Employee Benefits A X X 5032399700 4/9/2015 4/9/2016 Cmb Prem BIPD Not Sbj Flt 1,000,000 B 648312 4/1/2015 4/1/2016 100,000 100,000 500,000 Yvette Lyon/YVETTE City of Fort Collins 215 N Mason Fort Collins, CO 80522 x 89304 AI 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. INSD ADDL WVD SUBR N / A $ $ (Ea accident) (Per accident) OTHER: 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). COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: INSURED PHONE (A/C, No, Ext): PRODUCER ADDRESS: E-MAIL FAX (A/C, No): CONTACT NAME: 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. INS025 (201401) 4/16/2015 Post Insurance Services, Inc. 2717 W. Bannock St. P.O. Box 8447 Boise ID 83707 Yvette Lyon (208)336-5600 (208)344-0651 ylyon@postins.com Native Roots LLC P.O. Box 800 Kimberly ID 83341 Auto Owners Insurance 18988 15/16 GL HNO A X X X 55373(1-07) Blkt AI X X 57323952 4/9/2015 4/9/2016 1,000,000 300,000 10,000 1,000,000 2,000,000 2,000,000 Hired & Non-Owned Auto 1,000,000 Yvette Lyon/YVETTE City of Fort Collins 215 N Mason Fort Collins, ID 80522