HomeMy WebLinkAboutSOB22-03 Black Diamond EnterprisesAGREEMENT FOR SERVICES BETWEEN SENIORS ON BROADWAY, LP AND BLACK DIAMOND ENTERPRISES, INC. THIS AGREEMENT (“Agreement”) is effective as of the _______________ by and between Black Diamond Enterprises, Inc., a Colorado corporation (hereinafter “Contractor”) and Seniors on Broadway, LP a Colorado limited partnership (hereinafter “SOB”) RECITALS WHEREAS, desires to hire Contractor to provide snow removal services on the driveways, parking curb stops and in between vehicles when snow levels are 2” and above (the “Project”) at the Seniors on Broadway Apartments located at 750 Broadway, Eagle, CO 81631 (the “Property”); (the “Property”); and WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the Services as defined below in paragraph 1 hereof; and WHEREAS, this Agreement shall govern the relationship between Contractor and SOB in connection with the Services. AGREEMENT NOW, THEREFORE, in consideration of the foregoing and the following promises Contractor and SOB agree as follows: 1. Services or Work. Contractor agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the services or work described in Exhibit A (“Services” or “Work”) which is attached hereto and incorporated herein by reference. The Services shall be performed in accordance with the provisions and conditions of this Agreement. a. Contractor agrees to furnish the Services no later than November 1, 2022, and in accordance with the schedule established in Exhibit A. If no completion date is specified in Exhibit A, then Contractor agrees to furnish the Services in a timely and expeditious manner consistent with the applicable standard of care. By signing below Contractor represents that it has the expertise and personnel necessary to properly and timely perform the Services. b. In the event of any conflict or inconsistency between the terms and conditions set forth in Exhibit A and the terms and conditions set forth in this Agreement, the terms and conditions set forth in this Agreement shall prevail. 2. SOB’s Representative. The on-site Property Manager, Matthew Andrews, the Housing Department’s designee shall be Contractor’s contact with respect to this Agreement and performance of the Services. 3. Term of the Agreement. This Agreement shall commence upon the date first written above, and subject to the provisions of paragraph 11 hereof, shall continue in full force and effect through the 30th Day of April, 2023. 4. Extension or Modification. This Agreement may be extended for up to three additional one year terms upon written agreement of the parties. Any amendments or modifications shall be in writing signed by both parties. DocuSign Envelope ID: CAB4F7A9-7DF6-40B0-81E7-101BE6F1FB20 11/23/2022 2 SNROB General Services Final 5/14 No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by SOB for such additional services in accordance with SOB’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 SOB 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 SOB for such additional services is not timely executed and issued in strict accordance with this Agreement, Contractor’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. 5. Compensation. SOB shall compensate Contractor for the performance of the Services in a sum computed and payable as set forth in Exhibit A. The performance of the Services under this Agreement shall not exceed $4,488.00. Contractor shall not be entitled to bill at overtime and/or double time rates for work done outside of normal business hours unless specifically authorized in writing by SOB. a. Payment will be made for Services satisfactorily performed within thirty (30) days of receipt of a proper and accurate invoice from Contractor. All invoices shall include detail regarding the hours spent, tasks performed, who performed each task and such other detail as SOB may request. b. If, at any time during the term or after termination or expiration of this Agreement, SOB reasonably determines that any payment made by SOB to Contractor was improper because the Services for which payment was made were not performed as set forth in this Agreement, then upon written notice of such determination and request for reimbursement from SOB, Contractor shall forthwith return such payment(s) to SOB. Upon termination or expiration of this Agreement, unexpended funds advanced by SOB, if any, shall forthwith be returned to SOB. c. SOB will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. 6. Subcontractors. Contractor acknowledges that SOB has entered into this Agreement in reliance upon the particular reputation and expertise of Contractor. Contractor shall not enter into any subcontractor agreements for the performance of any of the Services or additional services without SOB’s prior written consent, which may be withheld in SOB’s sole discretion. SOB 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 SOB has an objection, in its reasonable discretion, shall be assigned to the Project. Contractor shall require each subcontractor, as approved by SOB and to the extent of the Services to be performed by the subcontractor, to be bound to Contractor by the terms of this Agreement, and to assume toward Contractor all the obligations and responsibilities which Contractor, by this Agreement, assumes toward SOB. SOB shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by Contractor and Contractor shall cooperate in such process. The Contractor shall be responsible for the acts and omissions of its agents, employees and subcontractors. 7. Insurance. Contractor agrees to provide and maintain at Contractor’s sole cost and expense, the following insurance coverage with limits of liability not less than those stated below: a. Types of Insurance. i. Workers’ Compensation insurance as required by law. DocuSign Envelope ID: CAB4F7A9-7DF6-40B0-81E7-101BE6F1FB20 3 SNROB General Services Final 5/14 ii. Auto coverage with limits of liability not less than $1,000,000 each accident combined bodily injury and property damage liability insurance, including coverage for owned, hired, and non-owned vehicles. iii. Commercial General Liability coverage to include premises and operations, personal/advertising injury, products/completed operations, broad form property damage with limits of liability not less than $1,000,000 per occurrence and $1,000,000 aggregate limits. b. Other Requirements. i. The automobile and commercial general liability coverage shall be endorsed to include SOB, its associated or affiliated entities, its successors and assigns, elected officials, employees, agents and volunteers as additional insureds. A certificate of insurance consistent with the foregoing requirements is attached hereto as Exhibit B. ii. Contractor’s certificates of insurance shall include subcontractors, if any as additional insureds under its policies or Contractor shall furnish to SOB separate certificates and endorsements for each subcontractor. iii. The insurance provisions of this Agreement shall survive expiration or termination hereof. iv. The parties hereto understand and agree that the SOB is relying on, and does not waive or intend to waive by any provision of this Agreement, the monetary limitations or rights, immunities and protections provided by the Colorado Governmental Immunity Act, as from time to time amended, or otherwise available to SOB, its affiliated entities, successors or assigns, its elected officials, employees, agents and volunteers. v. Contractor is not entitled to workers’ compensation benefits except as provided by the Contractor, nor to unemployment insurance benefits unless unemployment compensation coverage is provided by Contractor or some other entity. The Contractor is obligated to pay all federal and state income tax on any moneys paid pursuant to this Agreement. 8. Indemnification. The Contractor shall indemnify and hold harmless SOB, and any of its officers, agents and employees against any losses, claims, damages or liabilities for which SOB 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 Contractor or any of its subcontractors hereunder; and Contractor shall reimburse SOB for reasonable attorney fees and costs, legal and other expenses incurred by SOB 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 SOB to the extent that SOB is liable to such third party for such claims without regard to the involvement of the Contractor. This paragraph shall survive expiration or termination hereof. 9. Ownership of Documents. All documents (including electronic files) and materials obtained during, purchased or prepared in the performance of the Services shall remain the property of SOB and are to be delivered to SOB before final payment is made to Contractor or upon earlier termination of this Agreement. 10. Notice. Any notice required by this Agreement shall be deemed properly delivered when (i) personally delivered, or (ii) when mailed in the United States mail, first class postage prepaid, or (iii) when delivered by FedEx or other comparable courier service, charges prepaid, to the parties at their respective addresses listed below, or (iv) DocuSign Envelope ID: CAB4F7A9-7DF6-40B0-81E7-101BE6F1FB20 4 SNROB General Services Final 5/14 when sent via facsimile so long as the sending party can provide facsimile machine or other confirmation showing the date, time and receiving facsimile number for the transmission, or (v) when transmitted via e-mail with confirmation of receipt. Either party may change its address for purposes of this paragraph by giving five (5) days prior written notice of such change to the other party. SENIORS ON BROADWAY: Attention: Kim Williams 500 Broadway Post Office Box 850 Eagle, CO 81631 Telephone: 970-328-8773 E-mail: kim.williams@eaglecounty.us With a copy to: Eagle County Attorney 500 Broadway Post Office Box 850 Eagle, Co 81631 Telephone: 970-328-8685 E-mail: atty@eaglecounty.us CONTRACTOR: Black Diamond Enterprises, Inc. PO Box 4711 Eagle, CO 81631 Telephone: 970-471-1831 E-mail: blackdiamond@yahoo.com 11. Termination. SOB may terminate this Agreement, in whole or in part, at any time and for any reason, with or without cause, and without penalty therefor with seven (7) calendar days’ prior written notice to the Contractor. Upon termination of this Agreement, Contractor shall immediately provide SOB with all documents as defined in paragraph 9 hereof, in such format as SOB shall direct and shall return all SOB owned materials and documents. SOB shall pay Contractor for Services satisfactorily performed to the date of termination. 12. Venue, Jurisdiction and Applicable Law. Any and all claims, disputes or controversies related to this Agreement, or breach thereof, shall be litigated in the District Court for Eagle County, Colorado, which shall be the sole and exclusive forum for such litigation. This Agreement shall be construed and interpreted under and shall be governed by the laws of the State of Colorado. 13. Execution by Counterparts; Electronic Signatures. 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. 14. Other Contract Requirements and Contractor Representations. DocuSign Envelope ID: CAB4F7A9-7DF6-40B0-81E7-101BE6F1FB20 5 SNROB General Services Final 5/14 a. Contractor has familiarized itself with the nature and extent of the Services to be provided hereunder and the Property, and with all local conditions, federal, state and local laws, ordinances, rules and regulations that in any manner affect cost, progress, or performance of the Services. b. Contractor will make, or cause to be made, examinations, investigations, and tests as he deems necessary for the performance of the Services. c. To the extent possible, Contractor has correlated the results of such observations, examinations, investigations, tests, reports, and data with the terms and conditions of this Agreement. d. To the extent possible, Contractor has given SOB written notice of all conflicts, errors, or discrepancies. e. Contractor shall be responsible for the completeness and accuracy of the Services and shall correct, at its sole expense, all significant errors and omissions in performance of the Services. The fact that SOB has accepted or approved the Services shall not relieve Contractor of any of its responsibilities. Contractor shall perform the Services in a skillful, professional and competent manner and in accordance with the standard of care, skill and diligence applicable to contractors performing similar services. Contractor represents and warrants that it has the expertise and personnel necessary to properly perform the Services and shall comply with the highest standards of customer service to the public. Contractor shall provide appropriate supervision to its employees to ensure the Services are performed in accordance with this Agreement. This paragraph shall survive termination of this Agreement. f. Contractor 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. g. This Agreement constitutes an agreement for performance of the Services by Contractor as an independent contractor and not as an employee of SOB. 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 SOB and Contractor except that of independent contractor. Contractor shall have no authority to bind SOB. h. Contractor represents and warrants that at all times in the performance of the Services, Contractor shall comply with any and all applicable laws, codes, rules and regulations. i. This Agreement contains the entire agreement between the parties with respect to the subject matter hereof and supersedes all other agreements or understanding between the parties with respect thereto. j. Contractor shall not assign any portion of this Agreement without the prior written consent of the SOB. Any attempt to assign this Agreement without such consent shall be void. k. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective permitted assigns and successors in interest. Enforcement of this Agreement and all rights and obligations hereunder are reserved solely for the parties, and not to any third party. l. No failure or delay by either party in the exercise of any right hereunder shall constitute a waiver thereof. No waiver of any breach shall be deemed a waiver of any preceding or succeeding breach. DocuSign Envelope ID: CAB4F7A9-7DF6-40B0-81E7-101BE6F1FB20 6 SNROB General Services Final 5/14 m. The invalidity, illegality or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision hereof. n. The signatories to this Agreement aver to their knowledge, no employee of SOB has any personal or beneficial interest whatsoever in the Services or Property described in this Agreement. The Contractor has no beneficial interest, direct or indirect, that would conflict in any manner or degree with the performance of the Services and Contractor shall not employ any person having such known interests. [Rest of page intentionally left blank] DocuSign Envelope ID: CAB4F7A9-7DF6-40B0-81E7-101BE6F1FB20 7 SNROB General Services Final 5/14 IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first set forth above. Seniors on Broadway LP By Seniors on Broadway LLC, its general partner By Golden Eagle Elderly Housing Corporation, its sole member By: ____________________________________ Kimberly Bell Williams, Secretary CONTRACTOR: By:________________________________ Print Name:_________________________ Title: ______________________________ DocuSign Envelope ID: CAB4F7A9-7DF6-40B0-81E7-101BE6F1FB20 Secretary Mariella Moyer 8 SNROB General Services Final 5/14 EXHIBIT A SCOPE OF SERVICES, SCHEDULE, FEES DocuSign Envelope ID: CAB4F7A9-7DF6-40B0-81E7-101BE6F1FB20 RECIPIENT: Eagle County Seniors On Broadway 750 Broadway Street Eagle, Colorado 81631 Quote #1950 Sent on Oct 19, 2022 Total $4,488.00 PRODUCT / SERVICE DESCRIPTION QTY.UNIT PRICE TOTAL Snow Removal Options Below are three snow removal service payment options. Please choose ONLY ONE option for the 2022-2023 winter season. Not included (One Time Payment) Seasonal Snow Plowing Seasonal Snow Plowing (November 1-April 30) One Time Payment is due one month in advance of services. Payment is due no later than October 1st for service to commence on November 1st. 1 $4,250.00 $4,250.00* Optional (Charged Monthly) Seasonal Snow Plowing Seasonal Snow Plowing (November 1-April 30 ) Service Charged in (6) Monthly payments Oct.1- March 1st. All payments are due one month in advance of service. For example: Payment is due October 1st for service to start on November 1st. 6 $748.00 $4,488.00* Not included (By the Time) Seasonal Snow Plowing Seasonal snow plowing (November 1-April 30) charged per visit with a minimum charge of 2 plows per month. Any additional plows will be added to your invoice at the completion of each month. 2 $250.00 $500.00* Additional Services Please choose ANY or ALL of the below additional services you would like preformed for the 2022- 2023 season Not included Pre/Post Season Plowing Pre and Post Seasons are any time that we plow your property before our contracted season from November 1st-April 30th. Each pre/post plow will be charged By the Time for each visit. 0 $250.00 $0.00* Optional Shoveling (snow removal shoveled by hand) Shoveling of walkways, stairs, decks and patios. $71.50 per hour. Half hour minimum. 0 $71.50 $0.00* 1 of 3 pages PO Box 4711 | Eagle, CO 81631 970-471-1831 | blackdmond@yahoo.com | www.black-diamondpm.com DocuSign Envelope ID: CAB4F7A9-7DF6-40B0-81E7-101BE6F1FB20 * Non-taxable Please check the box for all services you would like scheduled for the 2022-2023 Winter season. CONTRACT TERMS AND CONDITIONS Black Diamond Enterprises, Inc. P.O. Box 4711 Eagle, CO 81631 (970) 471-1831 blackdmond@yahoo.com WINTER SERVICES CONTRACT This agreement is between Black Diamond Enterprises, Inc. and the undersigned property owner or manager for the term of November 1, 2022 to April 30, 2023 – This is a non-negotiable season, we do not start earlier or end later than the dates specified. 1. Black Diamond Enterprises, Inc. does hereby agree to perform snow removal services at the property stated above: Snow removal rates for the above stated property are listed above. Please put a check mark next to the proper selection(s). Other services provided upon request at an additional cost: Snow shoveling @ $71.50 per man hour Ice chipping/removal @ $71.50 per man hour Roof snow removal @ $82.50 per man hour Cinder Service - $35 per bucket. Contractor will cinder as needed when on route. Front end loader service @ $195.00 per hour Equipment move in fee $350 Equipment move out fee $350 Hauling snow in dump trailer $200 per hour with driver Snow dump fee per load $75 Additional plow truck during snow removal $15 0 per hour Ground/traffic safety crew $71.50 per hour 2. Snow will be removed from driveway and parking areas as soon as possible after reaching a depth of 2” (and at request on patios and decks). 3. Client understands that snow management services provided by Black Diamond may not clear the designated area down to the bare sidewalk, pavement, or road base; and that slippery conditions may/will persist in those areas regardless of the extent of services provided. Client acknowledges that Black Diamond assumes no liability for this naturally occurring condition, and agrees to defend and hold harmless Black Diamond for any and all liability or damage that may arise from this naturally occurring condition. Client understands that there may be conditions that exist during storm events which prohibit Black Diamond from providing services in a manner that would not place their employees and contractors at risk of personal harm. Client agrees that Black Diamond may suspend services during such conditions. 4. Any structure or landscape feature susceptible to damage from a plow vehicle(s) must be clearly marked with visible markers that are at least 3 feet high. It is the homeowner’s/property owner’s responsibility to install the markers prior to the first snow fall. Contractor will charge $4.00 per stake plus the rate of $40.00, to mark driveway and parking areas upon homeowner’s/property owner’s request. In no event shall Black Diamond be liable to client or any other person or entity for (a) damages to irrigation and landscape features which are not properly marked, or are on or within 18” of surface being plowed (b) damage to person or property where dangerous or hazardous conditions are not properly marked, (c) all damages to Client’s property caused by loader work, or (d) incidental or consequential damages, including lost profits, incurred by Client or others caused by or related to the services provided by Black Diamond. Client must notify Black Diamond in writing of any and all damages they feel Black Diamond is responsible for as soon as it is discovered. Black Diamond will be provided a reasonable Total $4,488.00 2 of 3 pages PO Box 4711 | Eagle, CO 81631 970-471-1831 | blackdmond@yahoo.com | www.black-diamondpm.com DocuSign Envelope ID: CAB4F7A9-7DF6-40B0-81E7-101BE6F1FB20 Notes Continued... opportunity to inspect all damaged areas before repairs or modifications are undertaken by Client. Failure to notify Black Diamond in writing by May 31 of the contract year of any such damage shall relieve Black Diamond of all responsibility. It shall be the responsibility of Client to repair or replace any items or areas damaged as a result of not being clearly marked. 5.Owner is responsible for providing adequate space to store snow that is plowed by Jeeps, trucks and loaders. If stored snow begins to impede drives, walks or parking areas, contractor may provide a loader, dump truck(s) and/ or other heavy equipment to perform a push back to remove snow or haul away to an offsite location. The Contractor will make an effort to contact owner or owners’ representative prior to preforming said work. Please note that contacting the owner or owner’s representative prior to the push back of snow is not always possible due to scheduling and availability of necessary equipment. Associated costs will be paid on an hourly basis to Black Diamond. 6.Black Diamond will not plow within 18” of garage doors to ensure that damage does not occur. In addition, snow may be left on the edges of the driveway in order to avoid damage to landscaping and/or grass and trim feature(s). 7.Contractor is not responsible for moving or contacting the Owner to move any vehicle(s) which may impede plowing or snow storage at the time of service. Any return trips to clear drive or parking areas after we have serviced the area, will incur the “Per Plow Rate”. 8.Drifting and blowing snow are not considered a snow occurrence. If we are called to plow due to drifting and blowing snow, it is considered a Service Call and the client will be charged a “Per Plow Rate”. 9.Black Diamond will assume no responsibility for ice-control near low lying areas that are prone to collect water that can freeze. Black Diamond is not responsible for water/ice/snow that melts and/or refreezes and Black Diamond will treat areas affected by a melting and re- freeze only after being engaged and specifically directed by the Client to do so. Black Diamond will not be responsible for ice caused by puddling or pooling of water on asphalt or other surfaces. Until noted otherwise, we do not perform ice-watch at the Property or Properties covered by this Agreement. 10.If we are called back after the plow route has been completed, you will be charged a “Service Call Fee” that is based upon your “Per Plow Rate”. 11.Plowing of your driveway for a special event is considered a Service Call and you will be charged the “Per Plow Rate”. 12.In the event of heavy snowfall, we will plow as needed, but no more than (2) times in a 24-hour period. 13.Any snow plowing service provided before or after contract dates will be billed at a “Per Plow Rate” per plow. 14.It is the Client’s responsibility to inspect the Work performed by Black Diamond to determine if it is satisfactory and to their specification. If the Client does not advise Black Diamond that there is a need for additional snow removal or de-icing services, then the parties hereby agree that Black Diamond has satisfactorily performed its contractual duties at the time. 15. Intentionally deleted. 16.In case of default - the owner will pay any and all expenses that Black Diamond Enterprises, Inc. incurs –including, but not limited to legal and attorney fees. 17. Intentionally deleted. Once you sign and confirm this quote, you will receive a required financial document that is required for billing through Black Diamond. Thank you, Black Diamond This quote is valid for the next 30 days, after which values may be subject to change. 3 of 3 pages PO Box 4711 | Eagle, CO 81631 970-471-1831 | blackdmond@yahoo.com | www.black-diamondpm.com DocuSign Envelope ID: CAB4F7A9-7DF6-40B0-81E7-101BE6F1FB20 9 SNROB General Services Final 5/14 EXHIBIT B INSURANCE CERTIFICATE DocuSign Envelope ID: CAB4F7A9-7DF6-40B0-81E7-101BE6F1FB20 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) 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 $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS 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 E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below 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 © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 10/25/2022 (833) 275-8046 (920) 208-8425 14184 Black Diamond Enterprises Inc PO Box 3674 Eagle, CO 81631 A 1,000,000 X ZC9129 5/7/2022 5/7/2023 300,000 5,000 1,000,000 2,000,000 2,000,000 5,000,000A ZC9129 5/7/2022 5/7/2023 5,000,000 5,000,000 A ZC9129 5/7/2022 5/7/2023 500,000 N 500,000 500,000 Seniors on Broadway, LP, its associated or affiliated entities, its successors and assigns, elected officials, employees, agents and volunteers are additional insureds under the commercial general liability policy of insurance. Seniors on Broadway, LP. 750 Broadway St PO Box 850 Eagle, CO 81631 BLACDIA-01 LBRICKEY Abuzz Insurance Agency LLC 2800 South Taylor Drive Sheboygan, WI 53081 service@acuity.com Acuity, A Mutual Insurance Company Prod/Comp Ops X X X X X X X DocuSign Envelope ID: CAB4F7A9-7DF6-40B0-81E7-101BE6F1FB20