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HomeMy WebLinkAbout584342 MGT OF AMERICA CONSULTING LLC - CONTRACT - RFP - 8525 DEVELOPMENT REVIEW FEE STUDY (2)RFP 8525 Development Review Fee Study Page 1 of 16 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 MGT of America Consulting, 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 six (6) 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 promptly following execution of this Agreement. Services shall be completed no later than September 15, 2017. 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. Contract Period. This Agreement shall commence June 14, 2017, and shall continue in full force and effect until June 13, 2018, 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. 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. 4. 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. 5. 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: DocuSign Envelope ID: 1EBD701C-2F41-4F5E-B762-427512E66C32 RFP 8525 Development Review Fee Study Page 2 of 16 Service Provider: City: Copy to: MGT of America Consulting, LLC Attn: Eric Parish 8200 S Quebec Suite A3 #184 Centennial, CO 80112 eparish@mgtconsulting.com City of Fort Collins Attn: Sharlene Gerber PO Box 580 Fort Collins, CO 80522 sgerber@fcgov.com City of Fort Collins Attn: Purchasing Dept. PO Box 580 Fort Collins, CO 80522 purchasing@fcgov.com 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 Provider's sole right and remedy for such termination. 6. Contract Sum. a. The City shall pay the Service Provider for the performance of this Contract, subject to additions and deletions provided herein, a fixed, all-inclusive fee of $24,820. The fee includes all direct and indirect costs including meetings, interviews, documentation production, travel, etc. b. The cost and estimated work hours by phase is as follows: Phase Hours Fee 1. Meet 6 $ 1,020 2. Evaluation 16 $ 2,720 3. Discover 18 $ 3,060 4. Analyze 78 $13,260 5. Report 22 $ 3,740 6. Present 6 $ 1,020 Total 146 $24,820 c. The fee will be paid in accordance with the following milestone payments: i. Contract Award $ 8,273 ii. Submittal of Initial Draft Report $ 8,273 iii. Final Report Accepted & Presentation Completed $ 8,274 d. The pay terms for all undisputed invoices shall be Net 30 days from the date of invoice. 7. 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. DocuSign Envelope ID: 1EBD701C-2F41-4F5E-B762-427512E66C32 RFP 8525 Development Review Fee Study Page 3 of 16 8. 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. 9. 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. 10. 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. 11. 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. 12. 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. 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 DocuSign Envelope ID: 1EBD701C-2F41-4F5E-B762-427512E66C32 RFP 8525 Development Review Fee Study Page 4 of 16 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. 13. 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. 14. 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. 15. 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. 16. 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 B, 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. 17. 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. DocuSign Envelope ID: 1EBD701C-2F41-4F5E-B762-427512E66C32 RFP 8525 Development Review Fee Study Page 5 of 16 18. 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. 19. 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 investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. DocuSign Envelope ID: 1EBD701C-2F41-4F5E-B762-427512E66C32 RFP 8525 Development Review Fee Study Page 6 of 16 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. 20. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit "C" - Confidentiality, consisting of one (1) page, attached hereto and incorporated herein by this reference. DocuSign Envelope ID: 1EBD701C-2F41-4F5E-B762-427512E66C32 RFP 8525 Development Review Fee Study Page 7 of 16 THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul Purchasing Director DATE: ATTEST: APPROVED AS TO FORM: MGT OF AMERCIA CONSULTING, LLC By: Printed: Title: CORPORATE PRESIDENT OR VICE PRESIDENT Date: DocuSign Envelope ID: 1EBD701C-2F41-4F5E-B762-427512E66C32 6/21/2017 J Bradley Burgess Executive Vice President Assistant City Attorney 6/28/2017 Chief Deputy City Clerk RFP 8525 Development Review Fee Study Page 8 of 16 EXHIBIT A SCOPE OF SERVICES DocuSign Envelope ID: 1EBD701C-2F41-4F5E-B762-427512E66C32 RFP 8525 Development Review Fee Study Page 9 of 16 SCOPE OF SERVICES OVERVIEW The City of Fort Collins is requesting proposals from qualified firms and teams to conduct a review of its existing development review fees. The awarded firm will evaluate whether these fees are set at appropriate levels, to discover if the method of calculating the fee is up-to- date, inclusive for all costs, and consistent with the City’s goals for percent of cost to recover, and how fees compare to other communities regionally. PURPOSE The study will include:  Development Review fee structure comparison to include: o Fee comparison for single family residential detached, multifamily, commercial office and retail, industrial warehouse and mixed-use building permits of varying square footage. o Fee overview – Analysis of fees the City of Fort Collins assesses that our benchmark cities do/don’t assess including the financial impact. o Fees comparison to include all fees collected at time of building permit including but not limited to development review fees. o Fee comparison to include comparison on a fee to fee basis as well as an aggregate comparison of all fees. o Fee comparison to include an analysis of inflation indices with peer Colorado cities including up to 10 peer cities and 5 national cities of like size and demographics. o Assessment of inflation indices that reflect the local cost of construction in Fort Collins. o Analysis of all possible methodologies for assessing building permit fees. SCOPE The Study should include a review of development related fees charged by the City, including current amounts, purpose, methodology, and basis for the fee. The City’s development related fees currently include: Development Review Fees  Building Permit fees  Development Review Fees  Transportation Development Review Fees  Others? DocuSign Envelope ID: 1EBD701C-2F41-4F5E-B762-427512E66C32 RFP 8525 Development Review Fee Study Page 10 of 16 Exclude - Capital Expansion fees Professional shall use a collaborative approach in each of its engagements. For this Study, this means there will be a project kick off workshop with City staff to further define study objectives, to clearly lay out a mutually developed work plan, and to outline the project deliverable. This will ensure that this engagement will be completed in a timely manner and meet the City’s objectives. Professional will compare development related fees and structures of the City with 15 of the City’s Colorado Benchmark entities. These entities will be specified by City staff. The fees will include residential and commercial building permits, plan review, development review, utility and all other fees related to developments. Fees will be compared on a fee by fee basis. The aggregate of all fees will also be compared. Professional will provide up to three iterations of a draft report summarizing the Study’s findings and recommendations for review by City staff. Professional will provide a final Study report that incorporates the staff’s comments on the draft report and will present Study findings to City staff. DELIVERABLES  Project kick-off workshop  Up to 3 Preliminary study reports for City review/input  Final study report  Presentation of findings to City staff RFP RESPONSE * In the event of a conflict between the Scope of Work (above) and the RFP Response, the Scope of Work shall take precedence over the RFP Response. The City of Fort Collins (City) is requesting expertise to conduct a review of its development review fees. This review includes the following three primary components. 1. Evaluate whether these fees are set at appropriate levels. 2. Discover if the method of calculating the fee is up-to-date, inclusive for all costs, and consistent with the City’s goals for percent of cost to recover. 3. Analyze how fees compare to other communities regionally. MGT of America Consulting, LLC (MGT) has an available project team, with two members in Colorado, with current relevant experience providing user fee study calculation, comparisons, analysis and recommendations for cities in Colorado, and across the U.S. DocuSign Envelope ID: 1EBD701C-2F41-4F5E-B762-427512E66C32 RFP 8525 Development Review Fee Study Page 11 of 16 Our work plan is aligned to the City’s project objectives in the following phases. Tasks within phases two through five may be completed concurrently. Phase 1 – Meet. A meeting of the proposed project consultants and key City personnel. This meeting will refine project objectives, scheduling issues, and potential pitfalls. We will review our process and data requirements to make sure that the project participants fully understand how the engagement is structured, segmented and planned, as well as the end results and outcomes. Additionally, we will establish joint responsibilities, milestones and deadlines. Phase 2 – Evaluate. Calculations comparing current fees to current costs will be prepared. These calculations, based on grouped fees within a division/department (logical grouping based on type of project or type of user) or the sum of fees within a division/department, will determine if fee revenue is recovering costs, over recovering costs, or under recovering costs. Phase 3 – Discover. A thorough review of the City’s current fee calculations or schedule(s) will be completed. The review will include the date of the last internal calculations, the methodology used for the calculations and documentation of the service delivery processes in place when the fees were last calculated. This phase includes reviewing the current calculation methodology to determine if all costs-- direct, division indirect, department indirect, city-wide indirect and cross-departmental support--are included. Lastly, this phase will compare the City’s goals for cost recovery with calculated costs at the level of the City’s policies (ideally), such as fee category or divisions/department. If the City does not have written policies for fee cost recovery, then the comparisons will be based on the City’s goals for cost recovery. Phase 4 – Analyze. Using the City’s benchmark cities, fee data will be collected and a set of comparison tables will be prepared. The tables will be formatted by division/department or by fee category, and will compare individual fees to the extent possible, and/or by aggregated fees by fee category or division/department. Phase 5 – Report. A comprehensive project report of detail data and summarized information will be prepared and presented to City personnel. Accumulated data from benchmark cities as well as calculations from Phases 2, 3 and 4 will be included in the report’s detail section. The report’s summary section will include an Executive Summary narrative overviewing the purpose and scope of the report along with findings and meaningful highlights. Up to three draft reports will be provided for review and editing by City personnel prior to a final report. Phase 6 – Present. After the study is complete, we will present study results to City personnel or elected officials. We will also deliver the agreed-to number of printed, bound reports as well as copies of all supporting documentation such as project work papers. We may also have a close-out meeting with staff to discuss any unresolved implementation or update issues. DocuSign Envelope ID: 1EBD701C-2F41-4F5E-B762-427512E66C32 RFP 8525 Development Review Fee Study Page 12 of 16 Understanding of Project Objectives, Methodology and Results/Outcomes Objective/Purpose 1. Fee comparison for single family residential detached, multifamily, commercial office and retail, industrial warehouse and mixed-use building permits of varying square footage. 2. Fee overview – Analysis of fees the City of Fort Collins assesses that our benchmark cities do/don’t assess including the financial impact. 3. Fees comparison to include all fees collected at time of building permit including but not limited to development review fees. 4. Fee comparison to include comparison on a fee to fee basis as well as an aggregate comparison of all fees. 5. Fee comparison to include an analysis of inflation indices with peer Colorado cities including up to 10 peer cities and 5 national cities of like size and demographics. 6. Assessment of inflation indices that reflect the local cost of construction in Fort Collins. 7. Analysis of all possible methodologies for assessing building permit fees. Methodology for Objective/Purpose #1 and #3 Through data collection methods including, but not limited to, surveys, phone calls, email, on-site requests and on-line research, we will gather data from the City’s selected benchmark cities to prepare detailed comparison schedules. Methodology for Objective/Purpose #2 Based on the data collected for Purpose #1 and #3, we will crosswalk and document the fees the City does or does not assess. This data will then be used to prepare an estimated annual financial impact, with noted assumptions, for the fees the City does, or does not, collect compared to the benchmark cities. Methodology for Objective/Purpose #4 Based on the data collected for Purpose #1 and #3, we will prepare calculations of the City’s designated fees compared to the benchmark cities designated fees. The calculations will be by individual fee and in aggregate. Not every city (1) has the same development review fees, (2) uses the same terms for the same fees, and delivers services the same way. Therefore, these calculations may be consolidated or combined in ways that makes comparisons less challenging and more meaningful for decision-making purposes. DocuSign Envelope ID: 1EBD701C-2F41-4F5E-B762-427512E66C32 RFP 8525 Development Review Fee Study Page 13 of 16 Methodology for Objective/Purpose #5 Based on the data collected for Purpose #1 and #3, we will document the inflation indices from the benchmark cities. Methodology for Objective/Purpose #6 Through data provided by City economic and development personnel, local, regional and national published economic reports we will document estimate cost of construction inflation indices in Fort Collins. Methodology for Objective/Purpose #7 Based on the data retained from our years of experience conducting user fee studies for cities across the U.S., and to a lesser extend data collected for Purpose #1 and #3, our proposed project team will prepare a narrative and examples of various methods for options for assessing building permit fees. MGT’s collective years of user fee study experience for cities exceeds 300 combined years. Our project team alone has over 70 years of combined user fee study experience for cities. Therefore, the proposed narrative, and examples, will not be based on a few conversations with benchmark cities or from internet research but from actual first-hand knowledge and experience with hundreds of cities across the U.S. Results/Outcomes 1. Up to three draft reports provided to City personnel for review, comment and edits. These draft reports will include detail sections of data collected and analyzed and associated calculations as well as a summary section of findings and conclusions related to the seven stated Objectives/Purposes outlines above. 2. One final report provided to City personnel for review, comment and edits. These draft reports will include detail sections of data collected and analyzed and associated calculations as well as a summary section of findings and conclusions related to the seven stated Objectives/Purposes outlines above. 3. Up to five (5) printed and bound copies of the final project report and one electronic pdf copy. 4. A final presentation to City personnel or elected officials. 5. An introductory project kick-off meeting and training session at project initiation in Fort Collins for included division/department, City management, and/or elected officials, and other project stakeholders, if requested. 6. Assistance to City personnel to integrate project data into ongoing City operations. 7. Formal project status reports at intervals requested by City personnel (that is, weekly or bimonthly). DocuSign Envelope ID: 1EBD701C-2F41-4F5E-B762-427512E66C32 RFP 8525 Development Review Fee Study Page 14 of 16 8. Copies of project work papers as requested. 9. Continuous training, guidance, and assistance. 10. A formal project recap report. 11. A six-month post-project review. DocuSign Envelope ID: 1EBD701C-2F41-4F5E-B762-427512E66C32 RFP 8525 Development Review Fee Study Page 15 of 16 EXHIBIT B 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: 1EBD701C-2F41-4F5E-B762-427512E66C32 RFP 8525 Development Review Fee Study Page 16 of 16 EXHIBIT C 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: 1EBD701C-2F41-4F5E-B762-427512E66C32 CERTIFICATE HOLDER © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) 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 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 (Attach ACORD 101, Additional Remarks Schedule, if more space is required) INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS WC STATU- TORY LIMITS 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: 1EBD701C-2F41-4F5E-B762-427512E66C32 DocuSign Envelope ID: 1EBD701C-2F41-4F5E-B762-427512E66C32 DocuSign Envelope ID: 1EBD701C-2F41-4F5E-B762-427512E66C32 DocuSign Envelope ID: 1EBD701C-2F41-4F5E-B762-427512E66C32 DocuSign Envelope ID: 1EBD701C-2F41-4F5E-B762-427512E66C32 DocuSign Envelope ID: 1EBD701C-2F41-4F5E-B762-427512E66C32 DocuSign Envelope ID: 1EBD701C-2F41-4F5E-B762-427512E66C32 DocuSign Envelope ID: 1EBD701C-2F41-4F5E-B762-427512E66C32 DocuSign Envelope ID: 1EBD701C-2F41-4F5E-B762-427512E66C32 DocuSign Envelope ID: 1EBD701C-2F41-4F5E-B762-427512E66C32 DocuSign Envelope ID: 1EBD701C-2F41-4F5E-B762-427512E66C32 DocuSign Envelope ID: 1EBD701C-2F41-4F5E-B762-427512E66C32 DocuSign Envelope ID: 1EBD701C-2F41-4F5E-B762-427512E66C32 DocuSign Envelope ID: 1EBD701C-2F41-4F5E-B762-427512E66C32 DocuSign Envelope ID: 1EBD701C-2F41-4F5E-B762-427512E66C32 DocuSign Envelope ID: 1EBD701C-2F41-4F5E-B762-427512E66C32 DocuSign Envelope ID: 1EBD701C-2F41-4F5E-B762-427512E66C32 DocuSign Envelope ID: 1EBD701C-2F41-4F5E-B762-427512E66C32 DocuSign Envelope ID: 1EBD701C-2F41-4F5E-B762-427512E66C32 DocuSign Envelope ID: 1EBD701C-2F41-4F5E-B762-427512E66C32 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. INSR ADDL WVD SUBR N / A $ $ (Ea accident) (Per accident) 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). The ACORD name and logo are registered marks of ACORD 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. 6/21/2017 Earl Bacon Agency, Inc. P.O. Box 12039 Tallahassee FL 32317 MGT of America, LLC MGT of America Consulting, LLC 3800 Esplanade Way, Ste 210 Tallahassee FL 32311 Continental Casualty Company Valley Forge Insurance Co. TRANSPORTATION INS CO TravelersCas.&SuretyCo.ofAmer. American Cas.Co.of Reading, PA 20443 20494 31194 20427 20508 Bobby Bacon/Nancy Klucher 850-878-2121 850-878-2128 bbacon@earlbacon.com/nkluch@earlbacon.com MGTOF-1 468006528 E Y Y 5095130327 7/1/2016 7/1/2017 Liability Deductibl $1,000,000 $300,000 $15,000 $1,000,000 $2,000,000 $2,000,000 None X X X X A-XV Rating E Y Y X X X A-XV Rating 2093563501 7/1/2016 7/1/2017 1,000,000 Liability Deductible None A X X X X 10,000 2093563496 7/1/2016 7/1/2017 $5,000,000 $5,000,000 B C 3011086712-All Other 3011086788 CA 7/1/2016 7/1/2016 7/1/2017 7/1/2017 X 500,000 500,000 500,000 Y D Professional Liability (E&O) Claims-Made Form 7/5/95 Retro Date/A-XIV 105638880 7/1/2016 7/1/2017 Each Claim Aggregate Eff 10/31/16 Aggr Inc 2,500,000 5,000,000 N N Umbrella: A-XV Rating. All Other Workers' Comp & CA Workers' Comp: A-XV Rating. CA - Workers' Comp Employers Liability Limits: $1,000,000 Each Accident $1,000,000 Disease Policy Limit $1,000,000 Disease Each Employee Cyber Liability: Continental Casualty Company -Limits of Liability $1,000,000/$1,000,000 Retention $10,000 Reto Date 3/30/2017-Claims Made Effective 3/30/17 - 3/30/2018 City of Fort Collins P.O. Box 580 Fort Collins CO 80522 DocuSign Envelope ID: 1EBD701C-2F41-4F5E-B762-427512E66C32