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HomeMy WebLinkAboutC14-268 Anchor Point Group, LLC LICENSE AND SERVICE AGREEMENT BETWEEN EAGLE COUNTY,COLORADO AND ANCHOR POINT GROUP,LLC THIS LICENSE AND SERVICE AGREEMENT ("Agreement")is made and entered into effective as of the (91/)- day of : u{ , 2014 by and between Anchor Point Group, LLC, a Colorado limited liability company(he einafter"Consultant"or"Contractor") and Eagle County, Colorado a body corporate and politic(hereinafter"County"). RECITALS WHEREAS,County wishes to purchase the Anchor Point No-HARM data output product,which includes a GIS dataset of wildfire hazard and risk for Eagle County, Colorado (hereinafter the "Data"). The Data shall include FireShed boundaries within a wildfire risk designation for each boundary of no hazard,low, moderate,high,very high or extreme. Data shall also include non- FireShed areas known as Tier 1-3 buffer designation. The foregoing Data coupled with the License (defined below) and Services (defined below) are collectively referred to as the"Product"or "Project"; and WHEREAS, Consultant represents that it is a Colorado limited liability company authorized to do business in Colorado; and WHEREAS, Consultant has represented that it has the expertise and skill to provide the Product and has the personnel necessary to timely perform as set forth herein; and WHEREAS, Consultant and County intend by this Agreement to set forth the scope of the responsibilities of the Consultant in connection with the Project and related terms and conditions to govern the relationship between Consultant and County in connection with the Project. AGREEMENT NOW THEREFORE,based upon the above recitals and the consideration set forth herein the parties agree as follows: SECTION 1 LICENSE AND SERVICES 1.1 Agreement to License.Upon execution of this Agreement, Consultant will provide the Data and hereby grants to County a perpetual, enterprise-wide,nontransferable,non-assignable, nonexclusive license for use of the Data in accordance with the terms and conditions of this Agreement(hereinafter"License"). The License is subject to the following: (i) the License shall only be for internal use by County employees; and (ii) County may not resell any of the Data; and CIL-2PS (iii) County ty shall not provide data for applications which are for third party usage for a fee; and (iv) Other than as specifically set forth herein, County may not resell,rent or lease to any third party the Product. Any such act shall be a violation of this Agreement. 1.2 Back Up. Consultant acknowledges and agrees that County may back up the Data as part of its use of the License. 1.3 Services. The"Services"are comprised of the following: (a) Upon execution of the Agreement, Consultant shall promptly coordinate with County and shall furnish all services, labor,personnel and materials necessary to provide and install the Data as set forth in Exhibit A to County's satisfaction as determined by Eric Lovgren, Eagle County Wildfire Mitigation Manager. These Services shall be completed within thirty(30) days of execution of this Agreement; and (b) Upon execution of the Agreement, Consultant shall coordinate with County and shall furnish all services, labor,personnel and materials necessary to provide and install customized Data for County as set forth in Exhibit A to County's satisfaction as determine by Eric Lovgren, Eagle County Wildfire Mitigation Manager. These Services shall be completed no later than December 31, 2014; and • (c) For no additional cost to County, Consultant shall provide the maintenance and updates as set forth in Exhibit A. (d) Consultant will provide County will all Services during the term of this Agreement. The cost of Services shall include the right to receive all training, enhancements,updates and support including but not limited to online support and telephone support and all related updates and associated documentation. This further includes deployment of any upgrade(s) as well as review of such upgrade(s)with the County. During such deployment Consultant shall be available to assist County. 1.4 Additional Services. County may request a further optional custom update and model re-run as set forth in Exhibit A. The fee for such optional custom update with model re-run shall be at the hourly rates set forth in Exhibit B and shall in no event exceed$6,700 which pricing Consultant shall hold for a period of three calendar years from the execution of this Agreement. In the event County desires such optional custom update and model re-run,the parties shall enter into an amendment to this Agreement or alternatively shall enter into a new agreement which reflects the pricing set forth herein. 1.5 Compliance with Applicable Law and Agreement. Consultant represents and warrants the Product shall meet the requirements set forth in this Agreement and will comply with any and all applicable laws, codes,rules and regulations. 2 SECTION 2 TERM 2.1 Term. (a) The License shall be perpetual and shall remain in effect unless earlier terminated as set forth in this Agreement. (b) The Services shall commence upon acceptance of the License and Data as set forth herein, and shall be performed by as set forth in Exhibit A unless earlier terminated as set forth in this Agreement. This Agreement is for a one year term which shall automatically renew for two additional one year terms on the same terms and conditions as set forth herein. SECTION 3 COMPENSATION 3.1 Compensation. County shall compensate the Consultant as follows: (a) Sixty-nine thousand eight hundred dollars($69,800) for the License and Data upon satisfactory installation of the same. (b) For the customization services identified in Exhibit A, County will pay a for the Services which shall be billed at the hourly rates set forth in Exhibit B, and the fee for such Services in 2014 shall not exceed twenty four thousand five hundred dollars ($24,500). Exhibit B identifies currently hourly rates and an agreed upon escalator for future years. Any future services shall be set forth in an amendment to be executed by the parties in writing. (c) Services for maintenance and updates as set forth in Exhibit A shall be provided free of charge during the initial term of this Agreement as indicated in paragraph 2.1(b) and during the automatic extensions thereto as indicated in paragraph 2.1 (b). (d) Consultant shall not be entitled bill at overtime and/or double time rates for work done outside of normal business hours unless specifically authorized in writing by County. Payment will be made for Services satisfactorily performed within thirty(30) days of receipt of a proper and accurate invoice from Consultant. All invoices shall include detail regarding the hours spent,tasks performed, who performed each task and such other detail as County may request. Any out-of-pocket expenses must be identified on Exhibit B and will be reimbursed without any additional mark-up thereon and are included in the not to exceed amount set forth above. Out-of-pocket expenses shall not include any payment of salaries,bonuses or other compensation to personnel of Consultant. (e) County may in its sole discretion withhold part of any payment on account of defective or nonconforming License, Data or other Services performed by Consultant. 3.2. Limitation on Spending.Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after,nor shall any payments be made to Consultant in respect of any period after December 31 of any year without an appropriation therefor by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Local Government Budget Law(C.R.S. 29-10101, et. seq.) and the Tabor 3 Amendment(Colorado Constitution Article X, Section 20). SECTION 4 ADDITIONAL SERVICES 4.1 Additional Services. This Agreement may not be amended or supplemented,nor may any obligations hereunder be waived, except by agreement signed by both parties. No additional services or work performed by Consultant shall be the basis for additional compensation unless and until Consultant has obtained written authorization and acknowledgement by County for such additional services in accordance with County's internal policies. Accordingly, no course of conduct or dealings between the parties, nor verbal change orders, express or implied acceptance of alterations or additions to the Services, and no claim that County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. In the event that written authorization and acknowledgment by County for such additional services is not timely executed and issued in strict accordance with this Agreement, Consultant's rights with respect to such additional services shall be deemed waived and such failure shall result in non-payment for such additional services or work performed. All additional services shall be subject to the terms and conditions of this Agreement. SECTION 5 SUB-CONSULTANTS 5.1 Sub-consultants. Consultant acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Consultant. Consultant shall not enter into any sub-consultant agreements for the performance of this Agreement or any of the Services or additional services without County's prior written consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the subject Project during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned. Consultant shall require each sub-consultant, as approved by County and to the extent of their performance or Services, to be bound to Consultant by the terms of this Agreement, and to assume toward Consultant all the obligations and responsibilities which Consultant,by this Agreement, assumes toward County. County shall have the right(but not the obligation)to enforce the provisions of this Agreement against any sub-consultant hired by Consultant and Consultant shall cooperate in such process. SECTION 6 INSURANCE AND INDEMNIFICATION 6.1 Insurance.Unless otherwise agreed to in writing by County, Consultant agrees to provide and maintain, at Consultant's sole cost and expense, the following insurance coverage: (a) Types of Insurance. i) Workers' Compensation, with policy limits as required by law, and Employers Liability Coverage,with policy limits of$1,000,000 each accident for Bodily Injury by Accident; $1,000,000 each employee for Bodily Injury by Disease; and$1,000,000 policy limit for Bodily Injury by Disease. 4 ii) Commercial Auto Coverage, with limits of not less than$2,000,000 each accident combined Bodily Injury and Property Damage Liability insurance, including coverage for owned,hired, and non-owned vehicles and shall list as additional insureds Eagle County and any other persons and entities County shall designate. iii) Commercial General Liability,with limits of liability of not less than$2,000,000 per occurrence; $2,000,000 for bodily injury and property damage liability; $2,000,000 for personal injury or advertising injury; and$2,000,000 in annual aggregate limits. The policy shall provide products-completed operations coverage,blanket contractually assumed liability coverage with the employee exclusion deleted. The policy shall list as additional insureds Eagle County and any other persons and entities County shall designate. iv) Professional Liability(Errors and Omissions) Insurance ,with prior acts coverage for all deliverables and Services required hereunder, in a form and with insurer or insurers satisfactory to County,with limits of liability of not less than$2,000,000 per claim and $2,000,000 in the aggregate. v) Additional Insured. Additional Insured referred to herein shall include Eagle County, its successors and assigns, and persons and entities that County shall designate. (b) Other Insurance Requirements. i) Consultant shall maintain the foregoing coverage in effect during the term of the Agreement and extensions thereto. ii) All policies must contain an endorsement affording an unqualified thirty(30)days' notice of cancellation to County in the event of cancellation of coverage. iii) All policies must be written by insurance companies whose rating in the most recent Best's p Y p g rating guide is not less than A-(VII). If any non-admitted(surplus or excess lines)insurer is used to provide any of the above policies, the policy must include an endorsement restricting the insurer's right to cancel the policy to the following circumstances after it has been in effect for sixty(60) days: (i)non-payment of premium; or(ii)discovery of fraud or material misrepresentation in the application for insurance. iv) Certificates of Insurance with the required endorsements evidencing the coverage is attached hereto as Exhibit C. Notwithstanding any other provision hereof, Consultant shall provide County a complete copy of any policy of insurance required hereunder within five(5)business days of a written request from County, and hereby authorizes Consultant's brokers,without further notice to or authorization by Consultant,to immediately comply with any written request of County for a complete copy of any policy required hereunder. v) If Consultant fails to secure and maintain the insurance required by this Agreement and provide satisfactory evidence thereof to County, County shall be entitled to terminate this Agreement upon reasonable notice. 5 vi) Consultant's insurance shall be primary and the provisions of this Section 6 shall survive termination of this Agreement. 6.2 Indemnification. (a)The Consultant shall indemnify and hold harmless County, and any of its officers, agents and employees against any losses, claims, damages or liabilities for which County may become subject to insofar as any such losses, claims, damages or liabilities arise out of, directly or indirectly, this Agreement, or are based upon any performance or nonperformance by Consultant or any of its sub-consultants hereunder; and Consultant shall reimburse County for reasonable attorney fees and costs, legal and other expenses incurred by County in connection with investigating or defending any such loss, claim, damage, liability or action. This indemnification shall not apply to claims by third parties against the County to the extent that County is liable to such third party for such claims without regard to the involvement of the Consultant. This paragraph shall survive expiration or termination hereof. (b) The County is relying on and does not waive or intend to waive by any provision of this Agreement the monetary limitations and other rights, immunities and protections provided to it under the Colorado Governmental Immunity Act. (c) THERE ARE NO EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS, INCLUDING THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, REGARDING THIS AGREEMENT OR THE PRODUCT LICENSED HEREUNDER EXCEPT AS SET FORTH IN THIS AGREEMENT. (d) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CONSULTANT OR ITS SUPPLIERS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES WHATSOEVER ARISING OUT OF THE USE OF OR INABILITY TO USE THE PRODUCT OR DOCUMENTATION, EVEN IF CONSULTANT HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. SECTION 7 INTELLECTUAL PROPERTY/CONFIDENTIAL INFORMATION 7.1 Intellectual Property. Other than data received from the public domain, Consultant and its suppliers shall retain title and all ownership rights to the Data and this Agreement shall not be construed in any manner as transferring any rights of ownership or license to the Product or to the features, except as specifically stated herein. Other than data obtained from the public domain, County agrees that all intellectual property, copyright and software included in the Product is owned by Anchor Point and all rights not expressly granted herein are reserved by Consultant, its suppliers and partners. The Product is protected by applicable copyright laws of the United States and international copyright treaties, as well as other applicable intellectual property laws and treaties. 7.2 Copyright. All title and copyrights in and to the Data(including but not limited to any nonpublic data,images,photographs,text, and applets incorporated into the Data),the accompanying printed materials, and any copies of the Data are owned by Consultant, or its suppliers. The Data is protected by applicable copyright laws and international treaty provisions. Therefore, County must 6 treat the Data like any other copyrighted material. License may not copy any printed materials accompanying the Data or take any other action concerning copyrighted materials without prior written permission of Consultant which may be withheld in the sole and absolute discretion of Consultant. SECTION 8 WARRANTY 8.1 Warranty. (a) Consultant warrants that the License and Data shall conform to the terms of this Agreement. For a period of three(3)years from the date of acceptance of the Data by County as evidenced by payment for the License and Data, Consultant shall promptly at no cost to County re- perform,repair,replace or remedy and correct any deficiency or error. (b) Consultant warrants that during the term of this Agreement and any extension thereto, all Services will conform to the requirements of the Agreement. In the event of any deficiency in the Services, Consultant shall be required to promptly re-perform,repair or replace the deficient item or Service at its sole cost and expense. SECTION 9 NOTICE 9.1 Notice.All notices or other communications made pursuant hereto shall be in writing and shall be deemed properly delivered, given or served(i)when personally delivered, or(ii)two (2) calendar days after being deposited in the United States mail, certified or registered,postage prepaid, return receipt requested, (iii)when delivered by FedEx or other comparable courier service, charges prepaid, to the parties at their respective addresses listed below their signatures, or(iv)when sent via facsimile transmission so long as the sending party can provide a facsimile machine confirmation showing the date, time, and receiving facsimile number for the transmission. Either party may change its address for the purposes of this paragraph by giving five(5) days prior written notice of such change to the other party. 7 County: Eagle County, Colorado Attention: Eric Lovgren, Wildfire Mitigation Manager PO Box 850, 500 Broadway, Eagle, 81631 Telephone: 970-328-8742 Facsimile: 970-328-7185 With a copy to: Eagle County Attorney's Office P.O. Box 850 500 Broadway Eagle, CO 81631 Telephone: 970-328-8685 Facsimile: 970-328-8699 Consultant: Anchor Point, LLC 2131 Upland Ave Boulder CO 80304 Attention: Chris White, COO Telephone: 303-665-3473 ext. 1 Facsimile: Upon Request SECTION 10 COORDINATION 10.1 Coordination. Consultant acknowledges that the Project may require close coordination between various consultants. Consultant shall coordinate with the other consultants that are identified by County to Consultant from time to time. Consultant shall not knowingly cause other consultants extra work without obtaining prior written approval from County. If such prior approval is not obtained, Consultant shall be subject to an offset for the costs of such extra work. County shall provide Consultant with legal access to the Project site as required by Consultant to perform and complete the installation of the Data and Services. Such access should be verified in advance by Consultant with County prior to entering the property. SECTION 11 DEFAULT 11.1 Default. If either party fails to perform any term or condition of this Agreement,the non- defaulting party shall deliver to the defaulting party written notice detailing the failure of performance. The defaulting party shall have thirty(30) days from receipt of such notice within which to remedy the failure, or if such failure cannot be cured within such thirty(30)days, then the defaulting party shall have a reasonable amount of time under the circumstances to cure such failure of performance provided that the defaulting party commences to cure such failure within thirty(30) days and diligently prosecutes such cure thereafter. 11.2 Remedies. (a)If Consultant or County fails to cure a default(other than a monetary default 8 by County which is addressed in paragraph 13.2(b)below) as set forth in paragraph 13.1, the non- defaulting party may elect to terminate the Agreement by giving written notice to the defaulting party and may pursue any other remedies available at law or in equity. In the event of termination due to a breach by the Consultant, County shall be entitled to retain the Product including the Data and License. (b) If County fails to cure any monetary default after notice and an opportunity to cure as set forth in paragraph 11.1,then Consultant may terminate the License granted herein and County shall discontinue all use of the Data and shall immediately return to Consultant all copies of the Data. Upon termination as set forth in this paragraph 11.2(b), each party shall be relieved of any obligation to further perform under the Agreement. SECTION 12 TERMINATION 12.1 Termination. In addition to the remedies set forth in paragraph 11.2, either party may terminate the Agreement,with or without cause, and for any reason upon ninety(90)days' advance written notice to the other. Consultant shall be paid for Services satisfactorily performed to the date of termination and County shall retain the Product including Data and License. SECTION 13 MISCELLANEOUS 13.1 Miscellaneous. (a) Consultant represents that its professional personnel are, and covenants that its professional personnel shall at all times remain, duly licensed as may be required under applicable law, in the performance of the Agreement. (b) Consultant shall be responsible for the completeness and accuracy of its performance under this Agreement, including the performance of any sub-consultants and all supporting data and other documents prepared or compiled in performance of the Agreement, and shall correct, at its sole expense, all significant errors and omissions therein. The fact that the County has accepted or approved the Project shall not relieve Consultant of any of its responsibilities. Consultant shall perform its obligations in a skillful,professional and competent manner and in accordance with the standard of care, skill and diligence applicable to consultants who are providing similar License, Data and Services, in this area at this time. This paragraph shall service termination. (c) Each of the Exhibits referred to herein and attached hereto is an integral part of this Agreement and is incorporated herein by reference. (d) Consultant agrees to work in an expeditious manner,within the sound exercise of its judgment and professional standards, in the performance of this Agreement. Time is of the essence with respect to this Agreement. By executing the Agreement, Consultant confirms that the time limitations set forth herein are reasonable. 9 (e) This Agreement shall be construed and interpreted under and shall be governed and enforced according to the domestic laws of the State of Colorado (without reference to the doctrine of conflicts of law). Venue shall be in the District Court for Eagle County, Colorado. (f) Consultant shall pay all taxes imposed by any federal, state or local taxing authority on all payrolls and compensation of its employees and subcontractors and any other taxes, fees and charges levied against Consultant on account of this Agreement. (g) Nothing contained in this Agreement shall be deemed to create a relationship of employer-employee,master-servant,partnership,joint venture or any other relationship between County and Consultant except that of independent contractor. Consultant shall have no authority to bind County unless specifically approved by County in writing. (h) This Agreement contains the entire agreement between the parties with respect to the subject matter hereof and supersedes all other agreements or understandings between the parties with respect thereto. (i) This Agreement may not be amended or supplemented, nor may any obligations hereunder be waived, except by a written instrument signed by both parties. (j) Consultant shall not assign any portion of this Agreement without the prior written consent of County. (k) This Agreement and the covenants contained herein shall be binding upon and shall inure to the benefit of the parties hereto and their respective permitted assigns and successors-in- interest. (1) No failure or delay by either party in the exercise of any right given to such party hereunder shall constitute a waiver thereof. No waiver of any breach of any agreement or provision contained herein shall be deemed a waiver of any preceding or succeeding breach thereof or of any other agreement or provision contained herein. (m) Whenever the context hereof shall so require,the singular shall include the plural, the male gender shall include the female and the neuter, and vice versa. (n) The invalidity, illegality or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision hereof. (o) In the event of any conflict or inconsistency between the terms and conditions set forth in Exhibits and the terms and conditions set forth in this Agreement,the terms and conditions set forth in this Agreement shall prevail. (p) Consultant shall not use any County Data without the advance written permission of County. (q) Consultant may develop and issue a press release regarding County's purchase and use of the Product,provided such press release has been reviewed and approved by County prior to 10 release. County agrees that it will provide appropriate credit any and all materials that are distributed that include the Product. Any distribution of the Product shall,prior to distribution,be subject to review and reasonable approval of Consultant. (r) This Agreement may be executed in two or more counterparts, each of which shall be deemed an original,but all of which shall constitute one and the same instrument. The parties approve the use of electronic signatures for execution of this Agreement. Only the following two forms of electronic signatures shall be permitted to bind the parties to this Agreement: (i) Electronic or facsimile delivery of a fully executed copy of the signature page; (ii) the image of the signature of an authorized signer inserted onto PDF format documents. All documents must be properly notarized, if applicable. All use of electronic signatures shall be governed by the Uniform Electronic Transactions Act, C.R.S. 24-71.3-101 to 121. SECTION 14 PUBLIC CONTRACTS FOR SERVICES 14.1 Prohibitions on Government Contracts. As used in this Section 14, the term undocumented individual will refer to those individuals from foreign countries not legally within the United States as set forth in C.R.S. 8-17.5-101, et. seq. If Consultant has any employees or subcontractors, Consultant shall comply with C.R.S. 8-17.5-101, et. seq., and this Agreement. By execution of this Agreement, Consultant certifies that it does not knowingly employ or contract with an undocumented individual who will perform under this Agreement and that Consultant will participate in the E-verify Program or other Department of Labor and Employment program("Department Program") in order to confirm the eligibility of all employees who are newly hired for employment to perform Services under this Agreement. a. Consultant shall not: i. Knowingly employ or contract with an undocumented individual to perform Services under this Agreement; or ii. Enter into a subcontract that fails to certify to Consultant that the subcontractor shall not knowingly employ or contract with an undocumented individual to perform work under the public contract for services. b. Consultant has confirmed the employment eligibility of all employees who are newly hired for employment to perform Services under this Agreement through participation in the E-Verify Program or Department Program, as administered by the United States Department of Homeland Security. Information on applying for the E-verify program can be found at: http://www.dhs.gov/xprevprot/progyams/gc_1185221678150.shtm 11 c. Consultant shall not use either the E-verify program or other Department Program procedures to undertake pre-employment screening of job applicants while the public contract for services is being performed. d. If Consultant obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an undocumented individual, Consultant shall be required to: i. Notify the subcontractor and County within three(3) days that Consultant has actual knowledge that the subcontractor is employing or contracting with an undocumented individual; and ii. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to subparagraph(i) of the paragraph (d) the subcontractor does not stop employing or contracting with the undocumented individual; except that Consultant shall not terminate the contract with the subcontractor if during such three(3) days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an undocumented individual. e. Consultant shall comply with any reasonable request by the Department of Labor and Employment made in the course of an investigation that the department is undertaking pursuant to its authority established in C.R.S. 8-17.5-102(5). f. If Consultant violates these prohibitions, County may terminate the Agreement for breach of contract. If the Agreement is so terminated specifically for breach of this provision of this Agreement, Consultant shall be liable for actual and consequential damages to County as required by law. g. County will notify the Colorado Secretary of State if Consultant violates this provision of this Agreement and County terminates the Agreement for such breach. [Rest of Page Intentionally Left Blank] 12 IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. EAGLE COUNTY, COLORAD e By and throut its oard o .unty 1 ommissioners By: Alf ,f_, o� o• lian H. Ryan, h.i an fAGLE Attest: ,, ' i % • w 17 .4 h '! . ./ • 4. On nO Clerk to the Board of County Commissioners 0`1 I �, f ANCHOR POINT GROUP, LLC a Colorad imited iability company By: F, Its: C.O.O. 13 EXHIBIT A Statement of Work 14 EXHIBIT/ATTACHMENT A FORM OF STATEMENT OF WORK STATEMENT OF WORK No.2014-4 Wildfire Hazard and Risk Data for Eagle County, CO Specifications Eagle County Contact: Eric Lovgren • Wildfire Mitigation Manager Eagle County Community Development (970) 328-8742 Eric.Lovgren @eaglecounty.us Consultant Contact: Chris White Anchor Point Group LLC 2131 Upland Ave. Boulder, CO 80304 303.665-3473 cwhite @anchorpointgroup.com Product: Data: County Level Wildfire Hazard and Risk Determination for Eagle County, CO Synopsis: County-wide FireShed boundaries with a fire risk designation for each boundary of minimal, low, moderate, high, very high No-HARMTM or extreme levels of exposure. All output and input data are National Scale collected and vetted at a national scale. Input data available at Accuracy the FireShed level includes: burn frequency, distance to fire station, fire intensity, road density and definition of areas susceptible to embers, smoke and evacuation. The No-HARM product provides access to county-wide FireSheds with a wildfire hazard assigned for each. FireSheds average 150-175 acres in size. No-HARM also includes the interface zones which define vulnerability to direct flame contact, embers, smoke and evacuation potential. These base data can be overlaid with county or city boundaries, or other polygons made available by Eagle County. Eagle County can generate county and local statistics of exposure by hazard rating if calculations are done using ESRI compatible software. The data is provided in ESRI compatible shape files (.shp). No visualization or user interface is provided; data only is provided and Eagle County must utilize ArcMap or other compatible geospatial software to visualize the data. Service: The custom level of No-HARMTM refines the national and regional scale data inputs to allow for the interaction of site specific data that can be aggregated at the county level. This option is more in alignment with Eagle County's mission and values and provides a system that allows more functionality to be built into a future user interface. The custom level of No-HARM includes local fire behavior modeling and re-running No-HARM with this more localized and accurate data. Additionally, AP staff will work with Eagle County and stakeholders to refine the local data and customize the final product. Customization beyond local fire behavior can include;modification of the existing fuels layer to include fuel reduction projects, refinement of the WUI line that separates FireSheds from Ember Zones, "clipping out" golf courses,ball fields, ski runs etc.,basically ensuring the stakeholder group is in agreement with the model's accuracy, form and function. This effort will be offered at a separate cost to the base data. Schedule and Fee for Services: Role and Consultant's Start End Dates Fee Responsibility ! name Data Anchor Point Upon payment $69,800 Service Anchor Point Upon contract execution $24,500 Maintenance and Updates At no additional cost, once per year over the next three years, updated data on fire perimeters (from the GEOMAC portal) within the county will be provided within the first three years of the license. If Anchor Point releases a new version of the nation-wide hazard and risk data set, this will also be provided to Eagle County at no additional cost. If the situation in Eagle county changes to the extent that a re-run of the custom modifications of No-HARM is deemed necessary(whether due to the occurrence of a large fire or due to substantial changes in land cover, etc.), Anchor Point can furnish a complete re-run at the cost noted below. Anchor Point would also work with Eagle county on lower cost options to update the customized data set that would be less costly than a full re-run. Custom Update Fees and Expenses All Services and Deliverables work will be performed on a Lump Sum basis and will be billed based on the delivery of the data. The following is an OPTIONAL fee schedule available to Eagle County. Fee is good for three calendar years from the execution of this contract. Deliverable Fee Start—End Date Custom Update with Model Re-run $6,700 1-2 months EXHIBIT B Hourly Rates 15 ' X Anchor Point Group LLC Labor Rates With Fee Contract No. I certify that the data contained herein is current and accurate as of 6/16/2014 Signed (Name and title) V C.O.O. APG - LABOR RATES 2014 Base Year Anchor Point 4% annual escalator PRIMARY LABOR CATEGORY Year 1 Year 2 Year 3 Forester - Senior $ 144.50 $ 150.28 $ 156.29 Forester - Mid $ 85.50 $ 88.92 $ 92.48 Fire Management Specialist Senior $ 115.00 $ 119.60 $ 124.38 Structure Protection Specialist Master $ 144.50 $ 150.28 $ 156.29 Fire Behavior Analyst Master $ 148.00 $ 153.92 $ 160.08 Software Programmer - Senior $ 130.00 $ 135.20 $ 140.61 Field Technician - Mid $ 79.80 $ 82.99 $ 86.31 GIS Manager-Senior $ 115.00 $ 119.60 $ 124.38 GIS Tech. Mid $ 85.00 $ 88.40 $ 91.94 Administration $ 55.00 $ 57.20 $ 59.49 Project Manager $ 115.00 $ 119.60 $ 124.38 Cost Estimators, Planners & Schedulers $ 100.80 $ 104.83 $ 109.03 Trainers -Senior $ 100.80 $ 104.83 $ 109.03 Trainers -Master $ 141.75 $ 147.42 $ 153.32 Survey and Mapping Techs. $ 71.40 $ 74.26 $ 77.23 * Rates escalate on September 30th of each Year . 4 Exhibit C Insurance Certificate 16 OP ID:APH AC-oR°- CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 06/18/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Lightship Insurance PHONE FAX 1650 Franklin Street (A/C,No,Ext): (A/c,No): Denver,CO 80218 E-MAIL John Klaassen PRODUCE: PRODUCER ANCHO-1 CUSTOMER ID#: INSURER(S)AFFORDING COVERAGE NAIC# INSURED Anchor Point Group INSURER A:Rockhill 28053 3775 Iris Ave,Suite 2A INSURER B:The Hartford 29424 Boulder,CO 80301 INSURER C:Pinnacol Assurance INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR T W R TYPE OF INSURANCE INSR VD POLICY NUMBER POLICY EFF POLICY EXP LIMITS (MM/DD/YYYY) (MMIDD/YYYY) GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY X RPKGE006272-00 02/27/2013 02/27/2015 DAMAGE TO RENTED 100,000 PREMISES(Ea occurrence) $ CLAIMS-MADE X OCCUR MED EXP(Any one person) $ 5,000 A X Pollution Liabili RPKGE006272-00 02/27/2013 02/27/2015 PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 3,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $ 1,000,000 X POLICY jt7 LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 ANY AUTO BODILY INJURY(Per person) $ ALL OWNED AUTOS B X SCHEDULED AUTOS 34UECJJ3965 11/01/2013 11/01/2014 BODILY INJURY(Per accident) $ PROPERTY DAMAGE B X HIRED AUTOS 34UECJJ3965 11/01/2013 11/01/2014 (PER ACCIDENT) B X NON-OWNED AUTOS 34UECJJ3965 11/01/2013 11/01/2014 $ $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION X TWOC TMIU-S 'DEW- AND EMPLOYERS'LIABILITY Y/N C ANY PROPRIETOR/PARTNER/EXECUTIVE 4072213 08/01/2013 08/01/2014 E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 A Professional RPKGE006272-00 02/27/2013 02/27/2015 Occurrenc 1,000,000 Liability CLAIMS MADE FORM Aggregate 3,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) Certificate holder is additional insured as respects general liability per written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Eagle County 500 Broadway Eagle,CO 81631 AUTHORIZED REPRESENTATIVE ©1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25(2009/09) The ACORD name and logo are registered marks of ACORD