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HomeMy WebLinkAbout565851 MICHOW COX & MCASKIN LLP - CONTRACT - RFP - 8665 MEDICAL & RETAIL MARIJUANA LICENSING AUTHORITOfficial Purchasing Document Last updated 10/2017 Services Agreement 8665 Medical & Retail Marijuana Licensing Authority Page 1 of 13 SERVICES AGREEMENT THIS AGREEMENT made and entered into the day and year set forth below by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and MICHOW COX & MCASKIN LLP, hereinafter referred to as "Service Provider". WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Scope of Services. The Service Provider agrees to provide services in accordance with the scope of services attached hereto as Exhibit A, consisting of three (3) 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 April 1, 2018, and shall continue in full force and effect until March 31, 2019, 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: Michow Cox & McAskin LLP Attn: Kathie Guckenberger 6530 S Yosemite, Suite 200 Greenwood Village, CO 80111 City of Fort Collins Attn: Talisa Gula-Yeast 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: E2872A6D-C7D5-47E1-ADAA-69440F7370A1 Official Purchasing Document Last updated 10/2017 Services Agreement 8665 Medical & Retail Marijuana Licensing Authority Page 2 of 13 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. Contract Sum. The City shall pay the Service Provider for the performance of this Contract, subject to additions and deletions provided herein, as per the attached Exhibit "B", consisting of one (1) page(s), and incorporated herein by this reference. 6. City Representative. The City will designate, prior to commencement of the work, its representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the services provided under this agreement. All requests concerning this agreement shall be directed to the City Representative. 7. Independent Service provider. The services to be performed by Service Provider are those of an independent service provider and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Service Provider's compensation hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for any other purpose. 8. Subcontractors. Service Provider may not subcontract any of the Work set forth in the Exhibit A, Statement of Work without the prior written consent of the city, which shall not be unreasonably withheld. If any of the Work is subcontracted hereunder (with the consent of the City), then the following provisions shall apply: (a) the subcontractor must be a reputable, qualified firm with an established record of successful performance in its respective trade performing identical or substantially similar work, (b) the subcontractor will be required to comply with all applicable terms of this Agreement, (c) the subcontract will not create any contractual relationship between any such subcontractor and the City, nor will it obligate the City to pay or see to the payment of any subcontractor, and (d) the work of the subcontractor will be subject to inspection by the City to the same extent as the work of the Service Provider. 9. Personal Services. It is understood that the City enters into the Agreement based on the special abilities of the Service Provider and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Service Provider shall neither assign any responsibilities nor delegate any duties arising under the Agreement without the prior written consent of the City. 10. Acceptance Not Waiver. The City's approval or acceptance of, or payment for any of the services shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement or cause of action arising out of performance of this Agreement. 11. Warranty. a. Service Provider warrants that all work performed hereunder shall be performed with the highest degree of competence and care in accordance with accepted standards for work DocuSign Envelope ID: E2872A6D-C7D5-47E1-ADAA-69440F7370A1 Official Purchasing Document Last updated 10/2017 Services Agreement 8665 Medical & Retail Marijuana Licensing Authority Page 3 of 13 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. 12. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this agreement, such party may be declared in default thereof. 13. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail himself of any other remedy at law or equity. If the non-defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non-defaulting party for the non-defaulting party's reasonable attorney fees and costs incurred because of the default. 14. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire agreement between the parties and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. 15. Indemnity/Insurance. a. The Service Provider agrees to indemnify and save harmless the City, its officers, agents and employees against and from any and all actions, suits, claims, demands or liability of any character whatsoever brought or asserted for injuries to or death of any person or persons, or damages to property arising out of, result from or occurring in connection with the performance of any service hereunder. b. The Service Provider shall take all necessary precautions in performing the work hereunder to prevent injury to persons and property. c. Without limiting any of the Service Provider's obligations hereunder, the Service Provider shall provide and maintain insurance coverage naming the City as an additional insured under this Agreement of the type and with the limits specified within Exhibit C, consisting DocuSign Envelope ID: E2872A6D-C7D5-47E1-ADAA-69440F7370A1 Official Purchasing Document Last updated 10/2017 Services Agreement 8665 Medical & Retail Marijuana Licensing Authority Page 4 of 13 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. 16. Entire Agreement. This Agreement, along with all Exhibits and other documents incorporated herein, shall constitute the entire Agreement of the parties. Covenants or representations not contained in this Agreement shall not be binding on the parties. 17. Law/Severability. The laws of the State of Colorado shall govern the construction interpretation, execution and enforcement of this Agreement. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. 18. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Service Provider represents and agrees that: a. As of the date of this Agreement: 1. Service Provider does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2. Service Provider will participate in either the e-Verify program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, administered by the United States Department of Homeland Security (the “e-Verify Program”) or the Department Program (the “Department Program”), an employment verification program established pursuant to Section 8- 17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of all newly hired employees to perform work under this Agreement. b. Service Provider shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien to perform work under this Agreement. c. Service Provider is prohibited from using the e-Verify Program or Department Program procedures to undertake pre-employment screening of job applicants while this Agreement is being performed. d. If Service Provider obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Service Provider shall: 1. Notify such subcontractor and the City within three days that Service Provider has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and DocuSign Envelope ID: E2872A6D-C7D5-47E1-ADAA-69440F7370A1 Official Purchasing Document Last updated 10/2017 Services Agreement 8665 Medical & Retail Marijuana Licensing Authority Page 5 of 13 2. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that Service Provider shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. e. Service Provider shall comply with any reasonable request by the Colorado Department of Labor and Employment (the “Department”) made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. f. If Service Provider violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this Agreement is so terminated, Service Provider shall be liable for actual and consequential damages to the City arising out of Service Provider’s violation of Subsection 8-17.5-102, C.R.S. g. The City will notify the Office of the Secretary of State if Service Provider violates this provision of this Agreement and the City terminates the Agreement for such breach. 19. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit D - Confidentiality, consisting of one (1) page, and Exhibit E – Appointment by City Manager, consisting of one (1) page, attached hereto and incorporated herein by this reference. DocuSign Envelope ID: E2872A6D-C7D5-47E1-ADAA-69440F7370A1 Official Purchasing Document Last updated 10/2017 Services Agreement 8665 Medical & Retail Marijuana Licensing Authority Page 6 of 13 THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul Purchasing Director DATE: ATTEST: APPROVED AS TO FORM: MICHOW COX & MCASKIN LLP By: Printed: Title: CORPORATE PRESIDENT OR VICE PRESIDENT Date: DocuSign Envelope ID: E2872A6D-C7D5-47E1-ADAA-69440F7370A1 Partner Marcus McAskin 3/11/2018 Assistant City Attorney 3/19/2018 City Clerk Official Purchasing Document Last updated 10/2017 Services Agreement 8665 Medical & Retail Marijuana Licensing Authority Page 7 of 13 EXHIBIT A SCOPE OF SERVICES MEDICAL MARIJUANA LICENSING AUTHORITY Service Provider shall serve as the Medical Marijuana Licensing Authority (“Authority”) pursuant to: Division 2, Sec. 15-461, Sec. 15-462 and Sec. 15-463 of Article XVI of the Municipal Code of the City of Fort Collins (“Code”) and Article 43.3 of Title 12, C.R.S. described as follows: DIVISION 2. MEDICAL MARIJUANA LICENSING AUTHORITY Sec. 15-461. Creation. There shall be and is hereby created a Medical Marijuana Licensing Authority, hereafter referred to in this Article as the "Authority." Sec. 15-462. Composition. The Authority shall be a person appointed by the City Manager. Sec. 15-463. Functions. (a) The Authority shall have the duty and authority pursuant to the Colorado Medical Marijuana Code and this Article to grant or refuse licenses; to grant or refuse transfers of ownership or location of the license; and levy penalties against licensees in the manner provided by law. (b) The Authority shall have all the powers of a Local Licensing Authority as set forth in the Colorado Medical Marijuana Code. (c) The Authority shall have the power to promulgate rules and regulations concerning the procedures for hearings before the Authority. (d) The Authority shall have the power to require any applicant or licensee to furnish any relevant information required by the Authority. (e) The Authority shall have the power to administer oaths and issue subpoenas to require the presence of persons and the production of papers, books and records at any hearing which the Authority is authorized to conduct. Any such subpoena shall be served in the same manner as a subpoena issued by the District Court of the State. The Code provides that the Authority will review each application for a medical marijuana business license. Based on its review, the Authority will approve or deny the application. The Authority also has the power to suspend, revoke, or deny the renewal of a license after notice and a hearing. Services Required  Review all new applications for medical marijuana businesses  May review renewal applications  Approve or deny an application for a medical marijuana business  Suspend or revoke a medical marijuana business license  Conduct investigations  Levy penalties DocuSign Envelope ID: E2872A6D-C7D5-47E1-ADAA-69440F7370A1 Official Purchasing Document Last updated 10/2017 Services Agreement 8665 Medical & Retail Marijuana Licensing Authority Page 8 of 13  Conduct hearings  Promulgate rules and regulations concerning the procedures for hearings before the Authority and concerning the presentation of evidence at hearings  Make detailed written findings concerning licensing decisions and hearing decisions Time Commitment The time commitment is difficult to estimate. The Service Provider will be expected to review all applications, to conduct hearings, and to perform the other functions consistent with the Authority’s responsibilities. RETAIL MARIJUANA LICENSING AUTHORITY Service Provider shall serve as the Retail Marijuana Licensing Authority (“Authority”) pursuant to: Division 2, Sec. 15-604, Sec. 15-605 and Sec. 15-606 of Article XVI of the Municipal Code of the City of Fort Collins (“Code”) and Article 43.4 of Title 12, C.R.S. described as follows: DIVISION 2. RETAIL MARIJUANA LICENSING AUTHORITY Sec. 15-604. Creation. There shall be and is hereby created a Retail Marijuana Licensing Authority, hereafter referred to in this Article as the "Authority." Sec. 15-605. Composition. The Authority shall be a person appointed by the City Manager. Sec. 15-606. Functions. (a) The Authority shall have the duty and authority pursuant to the Colorado Retail Marijuana Code and this Article to grant or refuse licenses; to grant or refuse transfers of ownership or location of the license; and levy penalties against licensees in the manner provided by law. (b) The Authority shall have all the powers of a Local Licensing Authority as set forth in the Colorado Retail Marijuana Code. (c) The Authority shall have the power to promulgate rules and regulations concerning the procedures for hearings before the Authority. (d) The Authority shall have the power to require any applicant or licensee to furnish any relevant information required by the Authority. (e) The Authority shall have the power to administer oaths and issue subpoenas to require the presence of persons and the production of papers, books and records at any hearing which the Authority is authorized to conduct. Any such subpoena shall be served in the same manner as a subpoena issued by the District Court of the State. The Code provides that the Authority will review each application for a retail marijuana business license. Based on its review, the Authority will approve or deny the application. The Authority also has the power to suspend, revoke, or deny the renewal of a license after notice and a hearing. DocuSign Envelope ID: E2872A6D-C7D5-47E1-ADAA-69440F7370A1 Official Purchasing Document Last updated 10/2017 Services Agreement 8665 Medical & Retail Marijuana Licensing Authority Page 9 of 13 Services Required  Review all new applications for retail marijuana businesses  May review renewal applications  Approve or deny an application for a retail marijuana business  Suspend or revoke a retail marijuana business license  Conduct investigations  Levy penalties  Conduct hearings  Promulgate rules and regulations concerning the procedures for hearings before the Authority and concerning the presentation of evidence at hearings  Make detailed written findings concerning licensing decisions and hearing decisions Time Commitment The time commitment is difficult to estimate. The Service Provider will be expected to review all applications, to conduct hearings, and to perform the other functions consistent with the Authority’s responsibilities. Special Terms The City shall not provide indemnification. DocuSign Envelope ID: E2872A6D-C7D5-47E1-ADAA-69440F7370A1 Official Purchasing Document Last updated 10/2017 Services Agreement 8665 Medical & Retail Marijuana Licensing Authority Page 10 of 13 EXHIBIT B COMPENSATION Service Provider will charge an hourly rate of $190 per hour. Service Provider charges fees in six-minute (1/10 hour) increments. In addition to the hourly fee for services, the Service Provider also charges for all necessary and incidental out-of-pocket expenses, including, but not limited to, office expenses, computerized legal research, court reporting services, and court or other filing fees. Service Provider does not generally charge for routine photocopying and long- distance telephone or cell phone calls, but does charge for especially large copying jobs, color copies, and hosting conference calls, in some instances. Out-of-pocket expenses are charged at actual cost. Service Provider will bill attorney time for only one direction of travel, and anticipates that travel time from the Service Provider’s location to the City will be approximately eighty minutes. Service Provider charges mileage for travel related to City business at the current mileage rate approved by the Internal Revenue Service for business travel deduction. DocuSign Envelope ID: E2872A6D-C7D5-47E1-ADAA-69440F7370A1 Official Purchasing Document Last updated 10/2017 Services Agreement 8665 Medical & Retail Marijuana Licensing Authority Page 11 of 13 EXHIBIT 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: E2872A6D-C7D5-47E1-ADAA-69440F7370A1 Official Purchasing Document Last updated 10/2017 Services Agreement 8665 Medical & Retail Marijuana Licensing Authority Page 12 of 13 EXHIBIT D 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: E2872A6D-C7D5-47E1-ADAA-69440F7370A1 Official Purchasing Document Last updated 10/2017 Services Agreement 8665 Medical & Retail Marijuana Licensing Authority Page 13 of 13 EXHIBIT E APPOINTMENT BY CITY MANAGER As City Manager for the City of Fort Collins, Colorado and pursuant to the City of Fort Collins City Code Sections 15-462 and 15-605, I hereby appoint attorney Kathie Guckenberger of Michow, Cox & McAskin, LLP, to serve as the Retail Marijuana Licensing Authority and the Medical Marijuana Licensing Authority in accordance with the Fort Collins City Code. DARIN A. ATTEBERRY City Manager By: ______________________________________ Date: _____________________ DocuSign Envelope ID: E2872A6D-C7D5-47E1-ADAA-69440F7370A1 3/18/2018 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD PRODUCER CONTACT NAME: PHONE FAX (A/C, No, Ext): (A/C, No): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXP TYPE OF INSURANCE (MM/DD/YYYY) (MM/DD/YYYY) LIMITS AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ CLAIMS-MADE OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY PRO- LOC JECT PRODUCTS - COMP/OP AGG OTHER: $ COMBINED SINGLE LIMIT (Ea accident) $ ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) $ $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH- STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD PRODUCER CONTACT NAME: PHONE FAX (A/C, No, Ext): (A/C, No): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXP TYPE OF INSURANCE (MM/DD/YYYY) (MM/DD/YYYY) LIMITS AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ CLAIMS-MADE OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY PRO- LOC JECT PRODUCTS - COMP/OP AGG OTHER: $ COMBINED SINGLE LIMIT (Ea accident) $ ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) $ $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH- STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 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. 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 have ADDITIONAL INSURED provisions or 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: CERTIFICATE HOLDER CANCELLATION ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD LIZB Diane Rothfuss 03/13/2018 MICHCOX-01 A 34SBAII4860 A 34WECCD5095 A 34SBAII4860 500,000 500,000 500,000 4,000,000 2,000,000 4,000,000 10,000 1,000,000 2,000,000 2,000,000 X X X X X 03/01/2018 03/01/2019 03/01/2018 03/01/2019 03/01/2018 03/01/2019 As required by written contract or written agreement, the Certificate Holder is included as an Additional Insured for ongoing operations under General Liability and Commercial Auto Liability. CCIG 5660 Greenwood Plaza Blvd. Suite 500 Greenwood Village, CO 80111 (720) 212-2053 (303) 799-0156 City of Fort Collins Attn: Purchasing Dept. PO Box 580 Fort Collins, CO 80522-0580 Michow Cox & McAskin LLP 6530 S. Yosemite St.,Suite 200 Greenwood Village, CO 80111 The Hartford Insurance Group 22357 X X DianeR@thinkccig.com DocuSign Envelope ID: E2872A6D-C7D5-47E1-ADAA-69440F7370A1 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. 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 have ADDITIONAL INSURED provisions or 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: CERTIFICATE HOLDER CANCELLATION ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD DIANER 03/10/2018 MICHCOX-01 A 34SBAII4860 A 34WECCD5095 A 34SBAII4860 500,000 500,000 500,000 4,000,000 2,000,000 4,000,000 10,000 1,000,000 2,000,000 2,000,000 X X X X X X 03/01/2018 03/01/2019 03/01/2018 03/01/2019 03/01/2018 03/01/2019 As required by written contract or written agreement, the Certificate Holder is included as an Additional Insured for ongoing operations under General Liability. CCIG 5660 Greenwood Plaza Blvd. Suite 500 Greenwood Village, CO 80111 (303) 799-0110 (303) 799-0156 City of Fort Collins Attn: Purchasing Dept. PO Box 580 Fort Collins, CO 80522-0580 Michow Cox & McAskin LLP 6530 S. Yosemite St.,Suite 200 Greenwood Village, CO 80111 The Hartford Insurance Group 22357 X info@thinkccig.com DocuSign Envelope ID: E2872A6D-C7D5-47E1-ADAA-69440F7370A1