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HomeMy WebLinkAbout113758 COLORADO TIME SYSTEMS LLC - CONTRACT - RFP - 8107 ATHLETIC FIELD SCOREBOARDSService Agreement – Work Order Type 8107 Athletic Field Scoreboards Page 1 of 15 SERVICES AGREEMENT WORK ORDER TYPE 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 COLORADO TIME SYSTEMS, a Colorado 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. Services to be Performed. a. This Agreement shall constitute the basic agreement between the parties for providing, delivering, installing, servicing and warranting field scoreboards and controls for designated City Park sites. The conditions set forth herein shall apply to all services performed by the Service Provider on behalf of the City and particularly described in Work Orders agreed upon in writing by the parties from time to time. Such Work Orders, a sample of which is attached hereto as Exhibit "A", consisting of one (1) page and incorporated herein by this reference, shall include a description of the services to be performed, the location and time for performance, the amount of payment, any materials to be supplied by the City and any other special circumstances relating to the performance of services. No Work Order shall exceed sixty thousand dollars ($60,000.00). A general Scope of Services is attached hereto as Exhibit “B”, consisting of four (4) pages, and incorporated herein by this reference. The only services authorized under this Agreement are those which are performed after receipt of such Work Order, except in emergency circumstances where oral work requests may be issued. Oral requests for emergency actions will be confirmed by issuance of a written Work Order within two (2) working days. b. The City may, at any time during the term of a particular Work Order and without invalidating the Agreement, make changes within the general scope of the particular services assigned and the Service Provider agrees to perform such changed services. 2. Changes in the Work. The City reserves the right to independently bid any services rather than issuing work to the Service Provider pursuant to this Agreement. Nothing within this Agreement shall obligate the City to have any particular service performed by the Service Provider. 3. Time of Commencement and Completion of Services. The services to be performed pursuant to this Agreement shall be initiated as specified by each written Work Order or oral emergency service request. Oral emergency service requests will be acted upon without waiting for a written Work Order. Time is of the essence. DocuSign Envelope ID: D27116C6-01A1-4261-A1E0-D853A76F600A Service Agreement – Work Order Type 8107 Athletic Field Scoreboards Page 2 of 15 4. Contract Period. This Agreement shall commence upon signing and shall continue in full force and effect until June 14, 2016, unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for additional one year periods not to exceed four (4) additional one year periods. Written notice of renewal shall be provided to the Service Provider and mailed no later than thirty (30) days prior to contract end. 5. Delay. If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without is 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. 6. Early Termination by City/Notices. 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 mailed 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 address: Service Provider: City: Copy to: Colorado Time Systems Attn: Betty Jo Beach 1551 E. 11th Street Loveland, CO 80537 City of Fort Collins Attn: Jill Wuertz 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 termination date, subject only to the satisfactory performance of the Service Provider's obligations under this Agreement. Such payment shall be the Service Provider's sole right and remedy for such termination. 7. Contract Sum. This is an open-end indefinite quantity Agreement with no fixed price. The actual amount of work to be performed will be stated on the individual Work Orders. The City makes no guarantee as to the number of Work Orders that may be issued or the actual amount of services which will in fact be requested. 8. Payments. a. The City agrees to pay and the Service Provider agrees to accept as full payment for all work done and all materials furnished and for all costs and expenses incurred in performance of the work the sums set forth for the hourly labor rate and material costs, with markups, stated within the Bid Schedule Proposal Form, attached hereto as Exhibit "C", consisting of one (1) page, and incorporated herein by this reference. There shall be no minimum fee or flat service call fee charged for on-site service calls. Payment shall be made by the City only upon acceptance of the work by the City and DocuSign Envelope ID: D27116C6-01A1-4261-A1E0-D853A76F600A Service Agreement – Work Order Type 8107 Athletic Field Scoreboards Page 3 of 15 upon the Service Provider furnishing satisfactory evidence of payment of all wages, taxes, supplies and materials, and other costs incurred in connection with the performance of such work. 9. City Representative. The City's representative will be shown on the specific Work Order and shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the work requested. All requests concerning this Agreement shall be directed to the City Representative. 10. Independent Contractor. It is agreed that in the performance of any services hereunder, the Service Provider is an independent contractor responsible to the City only as to the results to be obtained in the particular work assignment and to the extent that the work shall be done in accordance with the terms, plans and specifications furnished by the City. 11. Subcontractors. Service Provider may not subcontract any of the Work set forth in the Exhibit B, Scope of Services, 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. 12. 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. 13. 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 under the Agreement or of any cause of action arising out of the performance of this Agreement. 14. 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. DocuSign Envelope ID: D27116C6-01A1-4261-A1E0-D853A76F600A Service Agreement – Work Order Type 8107 Athletic Field Scoreboards Page 4 of 15 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. The warranty period for scoreboards shall be five (5) years from the time of the City’s acceptance of the installation and on-site service requests shall be at no additional charge during this period. The warranty period for controllers (including digits, power supply and circuit boards) shall be two (2) years from the time of receipt and acceptance by the City. 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. 15. 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. 16. 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. 17. 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 representative, successors and assigns of said parties. Covenants or representations not contained in this Agreement shall not be binding on the parties. 18. Indemnity/Insurance. a. The Service Provider agrees to indemnify and save harmless the City, its officers, agents and employees against and from any and all actions, suits, claims, demands or liability of any character whatsoever, brought or asserted for injuries to or death of any person or persons, or damages to property arising out of, result from or occurring in connection with the performance of any service hereunder. b. The Service Provider shall take all necessary precautions in performing the work hereunder to prevent injury to persons and property. c. Without limiting any of the Service Provider's obligations hereunder, the Service Provider shall provide and maintain insurance coverage naming the City as an additional insured under this Agreement of the type and with the limits specified within Exhibit "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, DocuSign Envelope ID: D27116C6-01A1-4261-A1E0-D853A76F600A Service Agreement – Work Order Type 8107 Athletic Field Scoreboards Page 5 of 15 Colorado 80522 one copy of a certificate evidencing the insurance coverage required from an insurance company acceptable to the City. 19. Law/Severability. This Agreement shall be governed in all respect by the laws of the State of Colorado. 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. 20. 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 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 DocuSign Envelope ID: D27116C6-01A1-4261-A1E0-D853A76F600A Service Agreement – Work Order Type 8107 Athletic Field Scoreboards Page 6 of 15 investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. f. If Service Provider violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this Agreement is so terminated, Service Provider shall be liable for actual and consequential damages to the City arising out of Service Provider’s violation of Subsection 8-17.5-102, C.R.S. g. The City will notify the Office of the Secretary of State if Service Provider violates this provision of this Agreement and the City terminates the Agreement for such breach. 21. 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. DocuSign Envelope ID: D27116C6-01A1-4261-A1E0-D853A76F600A Service Agreement – Work Order Type 8107 Athletic Field Scoreboards Page 7 of 15 CITY OF FORT COLLINS, COLORADO a municipal corporation By: __________________________________ Gerry S. Paul Director of Purchasing and Risk Management Date:_________________________________ ATTEST: ____________________________ City Clerk APPROVED AS TO FORM: ____________________________ Assistant City Attorney COLORADO TIME SYSTEMS By:____________________________________ _______________________________________ Print Name Title____________________________________ Date: _______________________________ DocuSign Envelope ID: D27116C6-01A1-4261-A1E0-D853A76F600A Dave Sauer Director of Finance 6/12/2015 6/15/2015 Service Agreement – Work Order Type 8107 Athletic Field Scoreboards Page 8 of 15 EXHIBIT A WORK ORDER FORM PURSUANT TO AN AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND DATED: Work Order Number: Purchase Order Number: Project Title: Commencement Date: Completion Date: Maximum Fee: (time and reimbursable direct costs): Project Description: Scope of Services: Service Provider agrees to perform the services identified above and on the attached forms in accordance with the terms and conditions contained herein and in the Services Agreement between the parties. In the event of a conflict between or ambiguity in the terms of the Services Agreement and this work order (including the attached forms) the Services Agreement shall control. The attached forms consisting of ___ (_) pages are hereby accepted and incorporated herein, by this reference, and Notice to Proceed is hereby given. SERVICE PROVIDER By:_______________________________ Date:_____________________________ CITY OF FORT COLLINS By:_________________________________ Project Manager Date: ______________________________ By: _______________________________ Gerry Paul Director of Purchasing and Risk Management (over $60,000.00) Date: ____________________________ DocuSign Envelope ID: D27116C6-01A1-4261-A1E0-D853A76F600A Service Agreement – Work Order Type 8107 Athletic Field Scoreboards Page 9 of 15 EXHIBIT B SCOPE OF SERVICES PART 1 - GENERAL 1.1 SUMMARY A. Section includes: Exterior, single sided, electronic LED baseball/softball scoreboards including control center and handheld(s) for complete functional installation. 1.2 REFERENCES A. National Electrical Code (NEC). B. Federal Communications Commission, Part 15 Rules & Regulations, EN60950-1, EN55022 & EN55024. C. UL and C-UL Standard for Electric Signs. 1.3 SUBMITTALS A. Submittal Procedures: 1. To minimize the environmental impact of multiple paper copies, product installation prints, instructions and diagrams of manufacturer will be submitted in a paperless fashion. The end user shall receive all pertinent hard-copy documentation at delivery. 2. Product data for scoreboards, controls, and accessories shall include descriptions of control functions etc. 3. Shop drawings: Submit mechanical and electrical drawings. a. Installation drawings, face layout, dimensions, construction, electrical wiring diagrams, and method of anchorage. 4. Copy of guarantee required by Paragraph 1.6 for review by Project Manager. 5. Manufacturer's installation instructions. 6. Manufacturer’s operation and maintenance manual. 7. Finish Samples. 1.4 DELIVERY, STORAGE, AND HANDLING A. Product delivered on site, as directed by the City. B. Scoreboard and equipment to be housed in a clean, dry environment. 1.5 QUALITY ASSURANCE A. Source limitation: All components including scoreboard, control center, control cable, and other accessories and installation hardware shall be products of a single manufacturer. B. Manufacturer qualifications: Company specializing in manufacturing electronic scoreboards with 10 years minimum successful experience in Colorado. C. Scoreboards shall be designed for exterior installation with weatherproof housing and optical isolation circuitry to reduce potential damage from electrical storms. DocuSign Envelope ID: D27116C6-01A1-4261-A1E0-D853A76F600A Service Agreement – Work Order Type 8107 Athletic Field Scoreboards Page 10 of 15 D. Should service be necessary, specialized personnel shall not be required. Modular “plug and play” components will be housed in an internal protective enclosure. E. Scoreboards and other electrical components shall be certified for use in the United States by Underwriter Laboratories, (UL) Inc. and shall bear either UL or C-UL label only. F. Scoreboards and other electrical components shall be electrically grounded in accordance with National Electrical Code (NEC), Article 600. G. Scoreboard cabinetry and attachment shall meet or exceed the 2009 IBC standard of 100 mph wind loading. 1.6 WARRANTY A. Provide Closeout Submittals: Guarantee to cover defects in materials and workmanship. 1. Warranty: 5 year warranty for scoreboards and on-site service calls and two year warranty for controllers (including digits, power supply and circuit boards). 2. Lifetime telephone support. PART 2 - PRODUCTS 2.1 MATERIALS A. Aluminum faces and perimeter frame: Powder coated aluminum. B. Finish: Color to be Forest Green. 1. Provide white striping to separate scoreboard features. C. Brackets: Integrated universal bracket system. D. Fasteners, anchors, and other exposed hardware: Corrosion resistant. E. Electronics: Low voltage, solid state, 2-wire cable, multiplex system, quartz crystal controlled. F. Provide optical communication circuitry to reduce threat of damage from electrical storms and ESD. G. LED (Light Emitting Diode) units: Seven-bar, segmented digits with protective aluminum cover, rated typical life 100,000 hours and be designed to provide excellent visibility from all angles and sides. H. Junction boxes where required: Sheet metal box and cover, complying with NEMA standards. I. Gasketed Digits: Digit faces shall contain an integrated seal to guard against moisture intrusion. 2.2 SCOREBOARD A. Type: Exterior, electronic, multi-purpose baseball/softball scoreboard with LED displays for inning/period and scores and LED indicators for balls, strikes, outs, hits, and errors. 1. White on black captions, [10 inches] [254 mm] high: "MIN", "SEC", "HOME", "GUESTS", "INNING/PERIOD", "BALL", "STRIKE", "OUT", "H", and "E". 2. High Intensity Red LED displays, 12 inch-18 inch high digits: a. Scores and inning/period. b. Bi-directional timing: 1) Up count: Minutes and seconds separated by colon. 2) Down count: Minutes and seconds separated by colon. During final DocuSign Envelope ID: D27116C6-01A1-4261-A1E0-D853A76F600A Service Agreement – Work Order Type 8107 Athletic Field Scoreboards Page 11 of 15 minute, 1/10th seconds are displayed, separated by a decimal. 3. High Intensity Red LED circular indicators: 3 for balls, 2 for strikes, 2 for outs, 1 for hit, and 1 for error. 4. Horn: Equip scoreboard with integral horn. 5. Power requirement: Must work with existing electrical equipment. Requires earth ground accordance with NEC. 2.3 CONTROL CENTER A. Type: Wireless, microprocessor based operator's control center designed to operate different models of scoreboard by interchange of keyboard overlay. 1. Console: High impact, break-resistant black plastic with improved UV resistance. 2. Features: a. Provide with LED displays, lithium cell battery backup to maintain scoreboard memory and time of day, self-test mode, power on-off switch, alternate time control, and multiple scoreboard operation. b. System Profiles feature set all parameters of operation including choice of controlled accessories and scoreboards. c. Keyboard 3. Provide option of battery supply for control operation if utility power not available. 4. Provide carrying case for control center, cable, and hand-held switch. 5. Maximum range: 1,000 feet from control center to receiver. B. Type: Handheld wireless, basic, AA battery operated, sport specific, control center with receiver unit mounted at scoreboard. 1. Unit shall comply with Part 15 of FCC Rules and Regulations. 2. Control unit: High impact, break-resistant black ABS plastic 3. Features: b. Wireless operation within 1000 feet. c. Operate multiple scoreboards simultaneously. d. System allows multiple controllers to link to individual scoreboards. e. High visibility LCD display with a sealed keyboard. f. Long battery life with indicator; include two AA batteries. g. Single hand operation with a no slip grip. h. Built-in belt clip. i. Wireless signal strength meter and internal antenna. 4. Power adapters: Provide for each scoreboard receiver. j. Input: 120 volts, 0.4 amps, 50/60 Hz. k. Output: 9 volts, 1.67 amps, 15 watts. 5. Provide carrying case for up to two control centers. 6. Provide suitable, RF transparent, NEMA 4 enclosure for receiver, to be located upon scoreboard supporting structure per installation diagrams. PART 3 - EXECUTION 3.1 PREPARATION A. Verify exact scoreboard and control center quantities and junction box locations with Project Manager. DocuSign Envelope ID: D27116C6-01A1-4261-A1E0-D853A76F600A Service Agreement – Work Order Type 8107 Athletic Field Scoreboards Page 12 of 15 B. Field measurements: Verify position and elevation of structure and its layout for scoreboard equipment. Verify dimensions by field measurements. Verify mounting structure is capable of supporting the scoreboard's weight and wind load in addition to the auxiliary equipment. C. Utilize existing electrical power, concrete, steel erection, auxiliary framing and supports, suspension cables, and other components and ensure adequate provisions are made for complete, functional installation of scoreboards. D. Coordinate scoreboard electrical requirements to ensure proper power source, conduit, wiring, and boxes are provided. Prior to installation, verify type and location of power supply. 3.2 INSTALLATION A. Install scoreboards and accessories in accordance with manufacturer's instructions and approved installation drawings. Verify unit is plumb and level. B. Before installation, field test scoreboards and accessories for operating functions. Ensure that scoreboards accurately perform all operations. If applicable, correct any deficiencies. C. Rigidly mount scoreboards and accessories level and plumb with brackets and fasteners. D. Clean exposed surfaces. E. Protect scoreboards and finishes from other construction operations. 3.3 DEMONSTRATING AND TRAINING A. Provide demonstration and training session for the City’s Representative, covering operation and maintenance of electronic scoreboard. DocuSign Envelope ID: D27116C6-01A1-4261-A1E0-D853A76F600A Service Agreement – Work Order Type 8107 Athletic Field Scoreboards Page 13 of 15 EXHIBIT C COMPENSATION DocuSign Envelope ID: D27116C6-01A1-4261-A1E0-D853A76F600A Service Agreement – Work Order Type 8107 Athletic Field Scoreboards Page 14 of 15 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: D27116C6-01A1-4261-A1E0-D853A76F600A New insurance Service Agreement – Work Order Type 8107 Athletic Field Scoreboards Page 15 of 15 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: D27116C6-01A1-4261-A1E0-D853A76F600A 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 POLICY PRO- 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) DocuSign Envelope ID: D27116C6-01A1-4261-A1E0-D853A76F600A DocuSign Envelope ID: D27116C6-01A1-4261-A1E0-D853A76F600A 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 POLICY PRO- 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) DocuSign Envelope ID: D27116C6-01A1-4261-A1E0-D853A76F600A DocuSign Envelope ID: D27116C6-01A1-4261-A1E0-D853A76F600A 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. C 2,000,000 08/01/2015 79937909 Manashi Mukherjee WC 2098343879 (AZ) 10,000,000 ATL-003879952-05 1,000,000 25,000,000 WC 2098343834 (CA) X 20494 25,000,000 Aggregate of Marsh USA Inc. Atlanta, GA 30326 N X Comp/Coll Ded: $1,000 4,000,000 SIR $10,000 Per Occ. 08/01/2014 Liberty Insurance Underwriters Inc. 7 08/01/2015 08/01/2014 20427 08/01/2015 BUA 2098343798 Excess Umbrella D 4,000,000 20443 2,000,000 19445 Transportation Insurance Co 1,000,000 X E 06/15/2015 25,000,000 08/01/2014 25,000,000 08/01/2014 Re: RFP 8107 - Athletic Field Scoreboards City of Fort Collins is listed as additional insured as their interests may appear, during and until completion of the project, on a primary and non-contributory basis, on the General Liability (via 80-02-2367) and X 08/01/2014 POLICY AGGREGATE Fort Collins, CO 80522 City of Fort Collins American Casualty Company Of Reading, Pa 10,000 Automobile (via CA 2048 02/99) policies, as required by written contract. A Waiver of Subrogation applies in favor of the additional insureds on the Workers Compensation policy, where required by written contract. X A Continental Casualty Company B National Union Fire Ins Co Pittsburgh PA 457102-CTS-GAUWX-14-15 Each Occurrence EXCLUDED 08/01/2015 1,000,000 BE062829304 D 38989 100,000 1,000,000 08/01/2015 WC2098343753 (AOS) Two Alliance Center Marsh USA, Inc. X 3560 Lenox Road, Suite 2400 Attn: Atlanta.CertRequest@marsh.com / Fax: 212-948-4321 X 1551 E. 11th St. *Colorado Time Systems, Inc. Loveland, CO 80537 X X 100005445604 08/01/2014 PO Box 580 08/01/2014 F 08/01/2015 19917 08/01/2015 Chubb Custom Insurance Company DocuSign Envelope ID: D27116C6-01A1-4261-A1E0-D853A76F600A 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. C 2,000,000 08/01/2015 79937909 Manashi Mukherjee WC 2098343879 (AZ) 10,000,000 ATL-003879952-04 1,000,000 25,000,000 WC 2098343834 (CA) X 20494 25,000,000 Aggregate of Marsh USA Inc. Atlanta, GA 30326 N X Comp/Coll Ded: $1,000 4,000,000 SIR $10,000 Per Occ. 08/01/2014 Liberty Insurance Underwriters Inc. 5 08/01/2015 08/01/2014 20427 08/01/2015 BUA 2098343798 Excess Umbrella D 4,000,000 20443 2,000,000 19445 Transportation Insurance Co 1,000,000 X E 06/11/2015 25,000,000 08/01/2014 25,000,000 08/01/2014 Re: RFP 8107 – Athletic Field Scoreboards City of Fort Collins is listed as additional insured as their interests may appear, during and until completion of the project, on a primary and non-contributory basis via 80-02-2367, as required by written contract. A X 08/01/2014 POLICY AGGREGATE Fort Collins, CO 80522 City of Fort Collins American Casualty Company Of Reading, Pa 10,000 Waiver of Subrogation applies in favor of the additional insureds on the Workers Compensation policy, where required by written contract. X A Continental Casualty Company B National Union Fire Ins Co Pittsburgh PA 457102-CTS-GAUWX-14-15 Each Occurrence EXCLUDED 08/01/2015 1,000,000 BE062829304 D 38989 100,000 1,000,000 08/01/2015 WC2098343753 (AOS) Two Alliance Center Marsh USA, Inc. X 3560 Lenox Road, Suite 2400 Attn: Atlanta.CertRequest@marsh.com / Fax: 212-948-4321 X 1551 E. 11th St. *Colorado Time Systems, Inc. Loveland, CO 80537 X X 100005445604 08/01/2014 PO Box 580 08/01/2014 F 08/01/2015 19917 08/01/2015 Chubb Custom Insurance Company DocuSign Envelope ID: D27116C6-01A1-4261-A1E0-D853A76F600A