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HomeMy WebLinkAboutBOULDER ENERGY CONSERVATION CENTER - CONTRACT - AGREEMENT MISC - BOULDER ENERGY CONSERVATION CENTERPage 1 of 12 GARDEN IN A BOX PROGRAM AGREEMENT THIS Garden In A Box Program Agreement (“Agreement”) is made this 27th day of January 2017 (“Effective Date”), by and between the Boulder Energy Conservation Center d/b/a the Center for ReSource Conservation ( “CRC”), a Colorado non-profit corporation, and the City of Fort Collins (“Fort Collins”), a Colorado municipal corporation, individually referred to as a “Party,” or collectively as “Parties.” Recitals 1. WHEREAS many people are interested in the concept of a low-water landscape; 2. WHEREAS those interested in the concept of a low-water landscape are often overwhelmed by the plant selection and design of such a landscape; 3. WHEREAS those interested in the concept of a low-water landscape have limited time and money to invest in the process of planning and designing such a landscape; and 4. WHEREAS in order to provide its residents with an easy and affordable way to learn about and install low-water landscapes, Fort Collins wishes to engage CRC to organize and conduct the Garden In A Box Program (“Program”) for the term specified in Section III in partnership with Fort Collins. NOW THEREFORE, in consideration of the terms and conditions contained herein and other good and valuable consideration, the Parties agree as follows: I. Program Obligations: A. CRC Obligations CRC shall provide the services described in the Garden In A Box Program Scope and Conditions of Work, attached hereto and incorporated by this reference as Attachment A (“Services”). B. Fort Collins Obligations 1. Publicity. Fort Collins shall be responsible for publicizing the availability of the Program to its Customers in one or more rounds of marketing. Efforts to publicize the Program may include but are not limited to advertising mediums such as the City of Fort Collins’ website, social media, bill inserts, newsletter and direct mailing. If only one round will take place, the marketing must be in the form of a water bill insert. CRC will develop a marketing “Toolkit” containing these advertisement mediums and individual advertisement components for Fort Collins to use. Fort Collins and CRC will create a mutually agreed upon timeline, known as the “Marketing Calendar” which will state the dates on which both Fort Collins and CRC will disseminate the chosen advertisements. Advertising content may be created by either party, subject to approval by Fort Collins, however Fort Collins must use the “Toolkit” components (i.e. verbiage, logos, photographs) for Program advertisements. In the event that a sufficient number of requests exist, detailed in Attachment A, as determined by CRC, and all rounds of advertising have not been completed, CRC DocuSign Envelope ID: 3269CB19-5CD2-4255-A89B-C4DBC003729C Page 2 of 12 may waive the requirement that Fort Collins conduct an additional advertising round. CRC shall provide Fort Collins with notice of any such waiver. 2. Complete and Submit Signed Agreement and Attachments. Fort Collins shall submit to CRC a signed copy of the Agreement and the Attachments no later than February 1st, 2017. II. Price, Payment Amount, and Billing Procedure A. Payment of Program Price. Fort Collins shall pay CRC the Program Price, pursuant to the Garden In A Box Program Payment Schedule and Terms, attached hereto and incorporated by reference as Attachment B. III. Term B. Term of Agreement. The Term of this Agreement commences on the Effective Date and terminates on December 31, 2017 or on the date the Agreement is earlier terminated, as provided herein. 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. Renewals and pricing changes shall be negotiated by and agreed to by both parties. Written notice of renewal shall be provided to the Service Provider and mailed no later than thirty (30) days prior to contract end. IV. General Provisions A. Record Keeping Requirements. CRC and Fort Collins shall maintain all records, documents, communications, and other material that pertain to this Agreement (“Records”) for a period of three (3) years from the date of final payment under this Agreement, unless CRC or Fort Collins requests that the records be retained for a longer period. CRC and Fort Collins each shall provide access to such Records to the other during normal business hours for review and copying. B. No Delegation. Except as otherwise provided, the Parties’ duties and obligations shall not be assigned, delegated, or subcontracted except with the express prior written consent of the other Party. All subcontractors shall be subject to the requirements of this Agreement. C. Indemnification. CRC shall hold harmless and indemnify Fort Collins, its officers, directors, and employees from and against losses, liabilities, expenses, and costs, including, without limitation, reasonable attorney’s fees and costs, arising out of (i) the negligent performance of Services under this Agreement by the CRC or any person employed by the CRC; or (ii) any injury to persons or property to the proportional extent caused by the negligent or intentional acts or omissions of CRC or any person employed by the CRC. D. No Third Party Rights. Except as otherwise provided, this Agreement shall inure to the benefit of, and be binding only upon, the Parties hereto and their respective successors and assigns. No third party beneficiary rights or benefits of any kind are expressly or impliedly provided herein. DocuSign Envelope ID: 3269CB19-5CD2-4255-A89B-C4DBC003729C Page 3 of 12 E. Designated Representatives. For the purpose of this Agreement, the persons named below are designated the representatives of the Parties. Unless otherwise provided in this Agreement, all notice required to be given by the Parties shall be given either by hand delivery or e-mail, with confirmed receipt, or by registered or certified mail to the representative named below. The Parties may designate in writing a new or substitute representative: For the Center for ReSource Conservation: Neal Lurie President Center for ReSource Conservation 2639 Spruce Street, Boulder, CO 80302 o) 303-999-3820, ext 202 fax) 303-440-0703 E-mail: nlurie@conservationcenter.org For Fort Collins: Crystal Shafii Program Coordinator City of Fort Collins 222 Laporte Avenue o) 970-221-6796 fax) 970-416-2208 Email. cshafii@fcgov.com F. Default and Remedies. 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. In the event either Party fails to comply with this Agreement, the other Party shall provide notice specifying the breach, and the breaching party shall be allowed thirty (30) days to cure, or such longer period if the cure will require additional time and so long as the breaching party is diligently acting to complete the cure. In the event the breaching party fails to cure the breach, within the time allowed hereunder, the non-breaching party shall have all remedies available in law or in equity. G. Modifications. This Agreement is intended as the complete integration of understanding between the Parties. Both Parties may make modifications to this Agreement as needed, provided that no modification may be made to the number of gardens requested by Fort Collins, as specified in Attachment A for 2017 and as specified in renewal letters for subsequent years, and guaranteed to be provided by CRC. Such modification shall not be effective until it is accepted in writing by a legally authorized representative of each Party. H. Severability. The terms of this Agreement are severable, and should any term or provision hereof be declared invalid or become inoperative for any reason, such invalidity or failure shall not affect the validity of any other term or provision hereof. The waiver of any breach of a term hereof shall not be construed as a waiver of any other term or the same term upon subsequent breach. I. Exhibits. All exhibits hereto shall be deemed incorporated herein by reference. J. Independent Contractor. CRC shall perform the Services under this Agreement as an independent contractor and the parties do not intend, nor shall it be construed that CRC or any CRC subcontractor or employee is an employee of Fort Collins for any purposes whatsoever. K. Indemnity/Insurance. DocuSign Envelope ID: 3269CB19-5CD2-4255-A89B-C4DBC003729C Page 4 of 12 1. 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. 2. The Service Provider shall take all necessary precautions in performing the work hereunder to prevent injury to persons and property. 3. 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 Attachment C, consisting of one (1) page, attached hereto and incorporated herein by this reference. The Service Provider before commencing services hereunder shall deliver to the City's Purchasing Director, 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. L. Employee Financial Interest. The Parties aver that to their knowledge, no employee of Fort Collins has any personal or beneficial interest whatsoever in the service or property described herein. M. Representations and Warranties. CRC and Fort Collins each make the following specific representations and warranties, each of which was relied on by the other in entering into this Agreement. 1. Legal Authority – Signatory. Each Party warrants that it possesses the legal authority to enter into this Agreement and that it has taken all actions required by its procedures, by-laws, and applicable laws to exercise that authority, and to lawfully authorize its undersigned signatory to execute this Agreement, or any part thereof, and to bind itself to its terms. If requested by the other Party, each Party shall provide the other with proof of its authority to enter into this Agreement within 15 days of receiving such request. 2. Compliance with Laws. CRC shall at all times observe and comply with all laws, ordinances, and regulations of the state, federal, local, and city government, except as explicitly provided herein, which may, in any manner, affect the performance of the Agreement as well as the requirements of any agreements, permits, or other contracts between CRC and third parties governing the performance of the Services hereunder and disclosed to CRC. 3. Personal Services. It is understood Fort Collins enters into this Agreement based on the special abilities of CRC and this Agreement shall be considered as an agreement for personal services. Accordingly, CRC shall neither assign any responsibilities nor delegate any duties arising under this Agreement without the prior written consent of Fort Collins. N. Choice of Law. Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules, and regulations shall be null and void. Any provision incorporated herein by DocuSign Envelope ID: 3269CB19-5CD2-4255-A89B-C4DBC003729C Page 5 of 12 reference which purports to negate this provision in whole or in part shall not be valid or enforceable or available in any action at law, whether by way of complaint, defense, or otherwise. Any provision rendered null and void by the operation of this provision shall not invalidate the remainder of this Agreement, to the extent capable of execution. Venue shall be in the District Court, Larimer County, Colorado. O. Force Majeure: A “Force Majeure” event may make it impossible for CRC to perform its obligations under this Agreement. As used in this Agreement, Force Majeure means acts of God; acts of the public enemy; acts of any governmental entity in its sovereign or contractual capacity; fires; flood; epidemic; quarantine restrictions; freight embargoes; or unusually severe weather which make it impossible to perform the obligations imposed by this Agreement. Events leading to delivery delays of less than sixty days from the scheduled delivery date shall not be considered Force Majeure events. If a Force Majeure event occurs that prevents CRC’s performance, CRC shall provide written notice to Fort Collins within 24 hours of learning about the event. Such an event shall excuse CRC from performing its obligations under this Agreement. However, provided CRC is otherwise ready, willing, and able to perform as described herein, such an event shall not excuse Fort Collins’s obligation to pay the plant material portions of the Base Program Price and any additional units and distributions. In no event shall Force Majeure act to extend the Term of Agreement unless otherwise agreed by the Parties in writing. P. Intellectual Property Rights. CRC shall retain ownership of all data generated pursuant to the Program, and it may use that data to generate reports summarizing the Program to educate the public, including policy makers, green industry partners, and homeowners. This report and any data collected may also be presented to CRC partners. Q. Termination. CRC may terminate this Agreement with or without cause by providing thirty (30) days advance notice to Fort Collins. Such termination by CRC shall not affect Fort Collins’s obligation to compensate CRC for work completed pursuant to this Agreement, up to and including the date of termination specified in such notice. R. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., CRC represents and agrees that: a. As of the date of this Agreement: 1. CRC does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2. CRC 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. DocuSign Envelope ID: 3269CB19-5CD2-4255-A89B-C4DBC003729C Page 6 of 12 b. CRC 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. CRC 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 CRC obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, CRC shall: 1. Notify such subcontractor and the City within three days that CRC 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 CRC 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. CRC 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 CRC 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, CRC shall be liable for actual and consequential damages to the City arising out of CRC’s violation of Subsection 8-17.5-102, C.R.S. g. The City will notify the Office of the Secretary of State if CRC violates this provision of this Agreement and the City terminates the Agreement for such breach. DocuSign Envelope ID: 3269CB19-5CD2-4255-A89B-C4DBC003729C Page 7 of 12 IN WITNESS WHEREOF, each Party has executed this Memorandum of Agreement or caused it to be executed on its behalf by its duly authorized representatives. THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul Purchasing Director DATE: ATTEST: APPROVED AS TO FORM: CENTER FOR RESOURCE CONSERVATION By: Printed: Title: CORPORATE PRESIDENT OR VICE PRESIDENT Date: DocuSign Envelope ID: 3269CB19-5CD2-4255-A89B-C4DBC003729C Neal Lurie 2/1/2017 President Assistant City Attorney 2/4/2017 City Clerk Page 8 of 12 ATTACHMENT A GARDEN IN A BOX PROGRAM SCOPE OF WORK I. Scope of Work A. Design and Ordering of Gardens 1. Garden Design. CRC shall work with landscape designers to create at least 3 xeric garden designs, which shall be made available to Fort Collins residents. Once those designs have been completed, CRC shall work with nurseries to secure plants. If necessary, CRC shall select appropriate substitute plants. The gardens shall be assembled into kits, which shall include a design layout (including CRC’s “Plant by Number” design), a variety of xeric plants, and helpful tips about xeric gardening, including planting and maintenance instructions for all of the plants. (“Gardens In A Box”) 2. Ordering. Fort Collins shall order, and CRC shall provide, a minimum of one hundred (100) Gardens In A Box for the spring garden sale season, March-June 2017. Subject to availability, CRC shall order additional gardens as specified by Fort Collins. CRC shall have the number of Gardens In A Box ordered by Fort Collins available for Fort Collins residents to order at the rate specified in section I.A.1 of the Payment Schedule and Terms. B. Marketing, Customer Service, and Sales 1. Marketing of Program. CRC may design and pay for the placement of advertisements in a local newspaper, and write and disseminate press releases and public service announcements publicizing the Program. CRC shall also design and pay for a garden catalog relating to the Program, which Fort Collins may make available to its customers. 2. Customer Service. CRC shall handle all incoming phone-calls and e-mails regarding the Program and respond to all questions. 3. Sales. CRC shall create and manage an online retail platform. CRC shall also process orders and take payment via cash, check, and credit card. C. Distribution of Gardens In A Box 1. Garden In A Box Assembly. CRC shall organize and handle delivery of all plants, which shall be pre-packaged according to the designs developed by CRC. 2. Training of Fort Collins Staff. CRC shall train Fort Collins staff, if Fort Collins elects to provide staff to aid in the distribution. 3. Distribution. CRC shall conduct the number of distributions specified by Fort Collins. Before the distribution(s), CRC staff and volunteers shall prepare and organize all DocuSign Envelope ID: 3269CB19-5CD2-4255-A89B-C4DBC003729C Page 9 of 12 plants required for the distribution(s). CRC shall organize volunteers to help distribute Gardens In A Box at each requested distribution location. CRC shall provide at least one staff member and one volunteer to conduct the distribution(s). CRC staff and/or volunteer(s) shall confirm that customers have pre- ordered and pre-paid for their Garden In A Box. CRC staff and/or volunteer(s) shall then assist customers in retrieving their requested Garden In A Box. At that time, CRC staff and/or volunteer(s) shall give the customer the planting and care guides for their requested Garden In A Box. 4. Undistributed Plants. If, after a distribution is completed, there remain undelivered Gardens In A Box, CRC shall make all reasonable efforts to include those Gardens In A Box in a later distribution requested by Fort Collins, if any. If no future distribution is planned, CRC shall make all reasonable efforts to sell any remaining plants individually. Regardless of CRC’s ability to sell undistributed Gardens In A Box or individual plants, Fort Collins is still obligated to pay the Base Program Price and any additional charges associated with Fort Collins requested number of distributions and Gardens In A Box, as specified in the Garden In A Box Scope of Work, attached hereto as Attachment A, and the Garden In A Box Program Payment Schedule and Terms, attached hereto as Attachment B. 5. Time of Distributions. All distributions requested by Fort Collins shall be conducted during the period from May 6th, 2017 to June 10th, 2017. D. Program Updates 1. Bi-Weekly Updates. During peak garden sales season, between March 1st, 2017 and June 1st 2017, CRC shall provide to Fort Collins updates about the Program on at least a bi-weekly basis. 2. Updates Upon Request. Updates shall also be provided to Fort Collins within seven (7) days of any request. 3. Contents of Updates. Both regularly scheduled and requested updates shall include a summary of CRC’s progress in meeting its obligations under the Agreement. This includes the number of gardens distributed at the time of the update, and the percentage of the gardens requested by Fort Collins that this represents. E. Post-Distribution Activities 1. Customer Satisfaction Surveys. After the Program Term has ended, CRC shall conduct a customer satisfaction survey of all customers purchasing Gardens In A Box. 2. Final Report. CRC shall also compile information about the Program. The survey results and the Program information shall be included in a final report detailing the Program results. CRC shall provide Fort Collins with this report by December 31, 2017. DocuSign Envelope ID: 3269CB19-5CD2-4255-A89B-C4DBC003729C Page 10 of 12 ATTACHMENT B GARDEN IN A BOX PROGRAM PAYMENT SCHEDULE AND TERMS I. Payment Terms A. Base Program Price 1. Price Charged to Fort Collins’s Residents. Five garden designs shall be made available for Fort Collins’s residents to choose from. The five options shall cost $79-$124 for water customers of Fort Collins. CRC shall make all good faith efforts to keep the price charged to Fort Collins’s residents below retail cost. 2. Price Charged to Fort Collins. To make the Garden In A Box Program available to Fort Collins in the spring of 2017, Fort Collins shall pay a base program price of $5,800 (“Base Program Price”). 3. Services Included in Base Program Price. The Base Program Price covers a portion of CRC’s costs associated with managing and organizing the program as outlined in the Garden In A Box Scope of Work. In addition, the Base Program Price includes one hundred (100) discounts of $25 each for customers purchasing gardens during the spring season, March-June, 2017, who receive water through service provided by Fort Collins. The Base Program Price also includes one (1) distribution within 15 miles of the Fort Collins service area at mutually agreed upon locations. B. A la Carte Prices 1. Additional Gardens and Distributions. Fort Collins may order more gardens than the minimum order of one hundred (100) gardens and will pay for the additional $25 discounts. C. Liability for Cost of Unsold Gardens. 1. Costs Associated with Minimum Garden Order. Fort Collins shall not be liable for the costs associated with unsold gardens that are part of the minimum order of one hundred (100) gardens. 2. Costs Associated with Additional Garden Order. Fort Collins shall pay $25 per any garden ordered in excess of the 100 garden minimum, which remains unsold on June 30, 2016. 3. No Refund. CRC shall not provide a refund to Fort Collins for any unsold gardens. DocuSign Envelope ID: 3269CB19-5CD2-4255-A89B-C4DBC003729C Page 11 of 12 II. Payment Schedule and Invoicing A. Invoicing. CRC shall bill Fort Collins for all work completed pursuant to the Agreement. Payment shall be due within thirty (30) days of the date the invoice is issued by CRC. Said invoice shall be issued upon Fort Collins’s submission to CRC of a signed version of the Agreement. B. Payment Deadlines. For purposes of these payment deadlines, a payment shall be deemed to have been made upon the date of its actual receipt by CRC. DocuSign Envelope ID: 3269CB19-5CD2-4255-A89B-C4DBC003729C Page 12 of 12 ATTACHMENT C 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: 3269CB19-5CD2-4255-A89B-C4DBC003729C New insurance 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 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 BOULD-4 OP ID: CT 02/01/2017 Phone: 970-223-1804 VolkBell Property & Casualty 1100 Haxton Dr. Suite #100 Fort Collins, CO 80525 Steven G. Smith Fax: CSU Producer Resources Inc Boulder Energy Conservation Cincinnati Insurance Companies 10677 dba Center for ReSource Conservation Jen Scroggins 2639 Spruce Street Boulder, CO 80302 Pinnacol Assurance 41190 1,000,000 A X X CSU0072159 06/29/2016 06/29/2017 100,000 X 5,000 1,000,000 2,000,000 2,000,000 1,000,000 B X X EPP0336347 06/29/2016 06/29/2017 X X 1,000,000 B X X EPP0336347 06/29/2016 06/29/2017 1,000,000 X 10,000 X C 3305579 10/01/2016 10/01/2017 500,000 500,000 500,000 B Property EPP0336347 06/29/2016 06/29/2017 BPP 224,998 The limits insurance and will evidenced not be cancelled, by this certificate except after will 30 not days reduce written coverage notice or has been received by the City of Fort Collins. CITY-02 City of Fort Collins PO Box 580 Fort Collins, CO 80522 DocuSign Envelope ID: 3269CB19-5CD2-4255-A89B-C4DBC003729C 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 BOULD-4 OP ID: CT 01/31/2017 Phone: 970-223-1804 VolkBell Property & Casualty 1100 Haxton Dr. Suite #100 Fort Collins, CO 80525 Steven G. Smith Fax: CSU Producer Resources Inc Boulder Energy Conservation Cincinnati Insurance Companies 10677 dba Center for ReSource Conservation Jen Scroggins 2639 Spruce Street Boulder, CO 80302 Pinnacol Assurance 41190 1,000,000 A X CSU0072159 06/29/2016 06/29/2017 100,000 X 5,000 1,000,000 2,000,000 2,000,000 1,000,000 B X EPP0336347 06/29/2016 06/29/2017 X X 1,000,000 B X EPP0336347 06/29/2016 06/29/2017 1,000,000 X 10,000 X C 3305579 10/01/2016 10/01/2017 500,000 500,000 500,000 B Property EPP0336347 06/29/2016 06/29/2017 BPP 224,998 The limits insurance and will evidenced not be cancelled, by this certificate except after will 30 not days reduce written coverage notice or has been received by the City of Fort Collins. CITY-02 City of Fort Collins PO Box 580 Fort Collins, CO 80522 DocuSign Envelope ID: 3269CB19-5CD2-4255-A89B-C4DBC003729C