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HomeMy WebLinkAboutTWIN SILO BMX, LTD - CONTRACT - AGREEMENT MISC - TWIN SILO BMX, LTDOfficial Purchasing Document Last updated 10/2017 Services Agreement MISC 2018 – Twin Silo Park BMX Track Page 1 of 11 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 TWIN SILO BMX, LTD., 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 two (2) page(s) 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. Contract Period. This Agreement shall commence upon execution by all parties and shall continue in full force and effect until January 31, 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. 3. Delay. If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without its fault or negligence, then the party so prevented shall be excused from whatever performance is prevented by such cause. To the extent that the performance is actually prevented, the Service Provider must provide written notice to the City of such condition within fifteen (15) days from the onset of such condition. 4. Early Termination by City/Notice. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Service Provider. Such notice shall be delivered at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: Service Provider: City: Copy to: Twin Silo BMX, Ltd. Attn: Crystal Toureene 2212 W. Olive Court Fort Collins, CO 80521 City of Fort Collins Attn: Carol Rankin 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 DocuSign Envelope ID: 42678F25-DA69-4350-A663-75D4DF58D45F Official Purchasing Document Last updated 10/2017 Services Agreement MISC 2018 – Twin Silo Park BMX Track Page 2 of 11 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. 5. Building Maintenance. Service Provider will maintain the buildings and other improvements and facilities at the Track in a safe, clean and attractive condition and free of any litter, debris, and any unsightly or dangerous condition as required by the ordinances, resolutions, statutes, and health, sanitary and police regulations of the City of Fort Collins. Service Provider may close the Track due to inclement weather conditions and/or maintenance activities. The buildings, including their color, shall not be changed or altered without the written consent of the City. Upon the termination of this Agreement, the buildings at the Track shall remain the property of the City. 6. Use of the Track. a. In consideration of Service Provider’s maintenance work on the Track, the City hereby grants to Service Provider a license to use the Track for its own BMX practices and races during the months of April through November, on a schedule pre-approved by the City in writing (“Approved Use”). Approved Use may include Service Provider events sponsored by outside sponsors, but does not include Service Provider sponsoring events for outside groups or organizations. Approved Use is subject to a maximum of 150 participants. At time of season scheduling (usually by March 31), Service Provider shall notify the City in the event it intends to request a deviation from the maximum number of 150 for any special events/races. For events exceeding this limit, the Service Provider must obtain a permit from the City. To obtain a permit, the Service Provider must complete a BMX Track Application (the “Application”), obtained on-line at http://www.fcgov.com/parks/forms.php. Along with the Application, any event on the BMX track that may exceed 150 participants (i.e. State-Wide Tournament) will require the Service Provider to pay the City the associated fees ($175.00 non- refundable Track Permit fee and a $250.00 refundable security deposit fee) annotated on the Application. b. Service Provider must provide to the City a proposed schedule of dates upon which it seeks to use the Track no later than March 31st of each year and obtain City approval, in writing, thereof prior to publishing or advertising said schedule to the public or holding events at the Track. c. Service Provider’s schedule is also subject to approval by Poudre School District (PSD) as owner of the adjacent parking area. PSD’s use of its parking area has priority over events at the Track. The City will give PSD the opportunity to comment in writing to the City’s Parks Department with scheduling conflicts, and the City will work with PSD and Service Provider to resolve any issues. During the PSD school year Service Provider will not be allowed to operate/schedule events at the Track prior to 5:30 PM on weekdays. d. Additional Service Provider Track use beyond the Approved Use, including hosting or sponsoring events for other groups, such as national, regional or state events or DocuSign Envelope ID: 42678F25-DA69-4350-A663-75D4DF58D45F Official Purchasing Document Last updated 10/2017 Services Agreement MISC 2018 – Twin Silo Park BMX Track Page 3 of 11 charitable fund-raisers, may be arranged by Service Provider on the same basis as the Track is available to the general public. e. Service Provider must perform no less than one hour of maintenance work for each hour of Approved Use. Service Provider shall not be entitled to any compensation for work performed pursuant to this Agreement other than Approved Use of the Track in accordance with this Provision 6 of this Agreement. f. Service Provider acknowledges that at any times other than the times for which the City has authorized the Approved Use of the Track by the Service Provider, the City may allow other interested persons or organizations to schedule BMX races and events or other activities at the Track, may allow the general public to make use of the Track on such terms and conditions as the City determines shall apply, or may close the Track to any or all use. The City shall consult with the Service Provider prior to scheduling requests to use the Track by other users or organizations. 7. Conduct of Service Provider. a. Service Provider must not charge an admission or any other fee to persons wishing to observe any activities it conducts at the Track. However, Service Provider may charge BMX race participants a reasonable fee for participating in events the Service Provider conducts during Approved Use of the Track, and may limit the number of spectators as reasonably necessary to protect the safety of spectators and participants and/or the property. b. Service Provider may not post any advertising or any other promotional material on or near the Track except during races it conducts, and may not at any time remove any other materials that have been posted with the permission of the City. Any advertising or other promotional materials posted by Service Provider must be removed immediately after the conclusion of the race. No advertising or promotional material can be placed on PSD property. c. Service Provider must manage and conduct all activities during its Approved Use of the Track in a fair, professional, and competent manner and to the reasonable satisfaction of the City. d. Service Provider will be responsible for and reimburse the City for the cost of any repairs or damage caused by any act or negligence of the Service Provider or its members, agents, employees, or invitees for sanctioned events. 8. Utilities. The City will supply to the Track non-potable irrigation water and a 30 amp electricity source at the City’s expense from April 15 through November 21 of each year, provided that Service Provider may use only such quantities of water and electricity as are reasonably necessary for the performance of its duties hereunder, or for the normal conduct of races it conducts with the City’s approval. 9. No Liens. Service Provider agrees to pay or cause to be paid promptly all bills and DocuSign Envelope ID: 42678F25-DA69-4350-A663-75D4DF58D45F Official Purchasing Document Last updated 10/2017 Services Agreement MISC 2018 – Twin Silo Park BMX Track Page 4 of 11 charges for material, labor or otherwise in connection with or arising out of any work undertaken at the Track on behalf of the Service Provider during the Agreement term and agrees to hold the City free and harmless against all liens and claims of liens for such labor and materials, or either of them, filed against the Track or any part thereof and from and against any expense and liability in connection therewith, and to discharge (either by payment or by filing the necessary bond or otherwise) any mechanic's, supplier's or other liens against the Track arising out of any payment due or alleged to be due for any work, labor, services, materials or supplies claimed to have been furnished at the Service Provider’s request in, on or about Track during the Agreement term and to indemnify the City against any lien or claim of lien attached to or upon the Track or any part thereof by reason of any act or omission on Service Provider’s part. 10. Assignment. Service Provider may not assign this Agreement or any part thereof without the prior written consent of the City. 11. City Representative. The Manager of Parks 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 Manager of Parks at 970-221-6660. 12. 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. 13. Subcontractors. Service Provider may not subcontract any of the Work set forth in Exhibit A, 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. 14. 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. 15. Acceptance Not Waiver. The City's approval or acceptance of, or payment for any of the DocuSign Envelope ID: 42678F25-DA69-4350-A663-75D4DF58D45F Official Purchasing Document Last updated 10/2017 Services Agreement MISC 2018 – Twin Silo Park BMX Track Page 5 of 11 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. 16. 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 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. 17. 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. In the event the City is dissatisfied with the Service Provider’s maintenance of the Range, it will notify the Service Provider, in writing, of its complaints and the Service Provider will have a reasonable opportunity to repair or address the issue(s) raised. 18. 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. 19. 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. DocuSign Envelope ID: 42678F25-DA69-4350-A663-75D4DF58D45F Official Purchasing Document Last updated 10/2017 Services Agreement MISC 2018 – Twin Silo Park BMX Track Page 6 of 11 20. 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 Director of Purchasing and Risk Management, P. O. Box 580, Fort Collins, Colorado 80522 one copy of a certificate evidencing the insurance coverage required from an insurance company acceptable to the City. 21. 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. 22. 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. 23. 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. DocuSign Envelope ID: 42678F25-DA69-4350-A663-75D4DF58D45F Official Purchasing Document Last updated 10/2017 Services Agreement MISC 2018 – Twin Silo Park BMX Track Page 7 of 11 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. 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. DocuSign Envelope ID: 42678F25-DA69-4350-A663-75D4DF58D45F Official Purchasing Document Last updated 10/2017 Services Agreement MISC 2018 – Twin Silo Park BMX Track Page 8 of 11 THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul Purchasing Director DATE: ATTEST: APPROVED AS TO FORM: TWIN SILO BMX, LTD. By: Printed: Title: CORPORATE PRESIDENT OR VICE PRESIDENT Date: DocuSign Envelope ID: 42678F25-DA69-4350-A663-75D4DF58D45F Crystal Toureene 2/8/2018 Track Operator Assistant City Attorney 2/8/2018 City Clerk Official Purchasing Document Last updated 10/2017 Services Agreement Page 9 of 11 EXHIBIT A SCOPE OF SERVICES 1. Service Provider will repair and maintain the Track in a clean, safe, and attractive condition and in a manner that complies with applicable laws, rules, and regulations. Service Provider will remove all trash and debris left on or near the Track and/or Fossil Ridge High School’s west parking lot immediately after the conclusion of any race or other event sponsored by the Service Provider and held at the Track. Service Provider will ensure that the Track is free of any unsafe or dangerous conditions and minimize the presence of any ruts, rocks, loose dirt, potholes, or similar conditions on the Track. 2. The City may supply dirt to the Track on an occasional, “as available” basis. Service Provider shall distribute and shape the dirt supplied by the City on the Track in a manner that enhances the safety and utility of the Track and in a manner approved by the City. Service Provider shall not make any changes to the course layout or the shape of the course without the City’s prior written consent. 3. Service Provider must repair and maintain the Track to the satisfaction of the City. In the event the City is dissatisfied with Service Provider’s maintenance of the Track, the City will notify Service Provider in accordance with provision 17 of this Agreement. 4. The City will provide one (1) portable toilet at the BMX Track for use at the Track. It will be the Service Provider’s sole responsibility for obtaining additional portable toilets at the BMX Track as necessary to accommodate special events/races. 5. Service Provider is responsible for providing any communication or interpretive services requested by a participant or guest of Service Provider pursuant to the requirements of the Americans with Disabilities Act and its implementing regulations. Please visit www.ada.gov for more information. DocuSign Envelope ID: 42678F25-DA69-4350-A663-75D4DF58D45F Official Purchasing Document Last updated 10/2017 Services Agreement Page 10 of 11 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. Commercial General Liability. The Service Provider shall maintain during the life of this Agreement such commercial general 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: 42678F25-DA69-4350-A663-75D4DF58D45F Official Purchasing Document Last updated 10/2017 Services Agreement Page 11 of 11 EXHIBIT 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: 42678F25-DA69-4350-A663-75D4DF58D45F 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) 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) 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. 11/15/2017 USI Insurance Services LLC 2375 E. Camelback Rd, Suite 250 Phoenix AZ 85016 American Bicycle Association dba: USA BMX P.O. Box 718 Chandler AZ 85244 Philadelphia Indemnity Insurance Co 18058 Clorinda Thompson 602-279-5800 phx.certificates@usi.com AMERIBIC1 1113103999 A PHPK161583 3/1/2017 3/1/2018 1,000,000 100,000 Excluded 1,000,000 5,000,000 1,000,000 X X X A X X X PHPK161583 3/1/2017 3/1/2018 1,000,000 A X X X 10,000 PHUB573938 3/1/2017 3/1/2018 4,000,000 4,000,000 Certificate holder and any other entities listed below are listed as additional insured under the General Liability on a primary & Non Contributory Basis including waiver of subrogation with respect to the American Bicycle Association/USA BMX sanctioned events/competitions/practices and other operations conducted by American Bicycle Association/USA BMX track operators on behalf of the American Bicycle Association/USA BMX. RE: Twin Silo BMX #1352 Twin Silo BMX, Ltd. 2212 W Olive Ct Fort Collins CO 80521 DocuSign Envelope ID: 42678F25-DA69-4350-A663-75D4DF58D45F 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. 11/15/2017 USI Insurance Services LLC 2375 E. Camelback Rd, Suite 250 Phoenix AZ 85016 American Bicycle Association dba: USA BMX P.O. Box 718 Chandler AZ 85244 Philadelphia Indemnity Insurance Co 18058 Clorinda Thompson 602-279-5800 phx.certificates@usi.com AMERIBIC1 1901117695 A PHPK161583 3/1/2017 3/1/2018 1,000,000 100,000 Excluded 1,000,000 5,000,000 1,000,000 X X X A X X X PHPK161583 3/1/2017 3/1/2018 1,000,000 A X X X 10,000 PHUB573938 3/1/2017 3/1/2018 4,000,000 4,000,000 Certificate holder and any other entities listed below are listed as additional insured under the General Liability on a primary & Non Contributory Basis including waiver of subrogation with respect to the American Bicycle Association/USA BMX sanctioned events/competitions/practices and other operations conducted by American Bicycle Association/USA BMX track operators on behalf of the American Bicycle Association/USA BMX. RE: Twin Silo BMX #1352 City of Fort Collins 300 Laporte Ave Fort Collins CO 80521 DocuSign Envelope ID: 42678F25-DA69-4350-A663-75D4DF58D45F