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HomeMy WebLinkAboutC24-087 Vail Valley Mountain Trails AllianceAGREEMENT FOR SERVICES BETWEEN EAGLE COUNTY, COLORADO AND VAIL VALLEY MOUNTAIN TRAILS ALLIANCE THIS AGREEMENT (“Agreement”) is effective as of January 1, 2024 by and between Vail Valley Mountain Trails Alliance, a Colorado nonprofit corporation (hereinafter “Contractor” or “VVMTA”) and Eagle County, Colorado, a body corporate and politic (hereinafter “County”). RECITALS WHEREAS, County is the owner of numerous Open Space properties and Open Space trails (collectively, the “Open Space Properties”); and WHEREAS, County desires to fund and support a Trail Conservation Crew to perform trail maintenance; improve trail sustainability and experience; provide a Trail Ambassador program and wildlife education efforts; and continue operation of Adopt-A-Trail program (the “Project”) on the Open Space Properties; 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 County in connection with the Services. AGREEMENT NOW, THEREFORE, in consideration of the foregoing and the following promises Contractor and County 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 December 31, 2024 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. Should Contractor elect to utilize volunteers to provide the Services, all volunteers utilized by Contractor shall execute the Eagle County Participant Acknowledgement, Assumption of Risk DocuSign Envelope ID: C6607704-E3B9-4025-A23C-29EEDAA5B924 2 and Release in the form identified in Exhibit B, which is attached to and incorporated herein by reference. c. 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. County’s Representative. The Open Space and Natural Resources 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 31st day of December, 2024. 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. 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 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, 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. County 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 $10,000.00. 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 County. 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 County may request. To ensure proper payment, all invoices must be in .pdf format delivered via email to Marcia Gilles (marcia.gilles@eaglecounty.us). b. If, at any time during the term or after termination or expiration of this Agreement, County reasonably determines that any payment made by County 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 County, Contractor shall DocuSign Envelope ID: C6607704-E3B9-4025-A23C-29EEDAA5B924 3 forthwith return such payment(s) to County. Upon termination or expiration of this Agreement, unexpended funds advanced by County, if any, shall forthwith be returned to County. c. County 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. d. 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 Contractor 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 Article 25, title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). 6. Subcontractors. Contractor acknowledges that County 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 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 to the Project. Contractor shall require each subcontractor, as approved by County 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 County. County 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. 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. DocuSign Envelope ID: C6607704-E3B9-4025-A23C-29EEDAA5B924 4 i. The automobile and commercial general liability coverage shall be endorsed to include Eagle County, 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 C. ii. Contractor’s certificates of insurance shall include subcontractors, if any as additional insureds under its policies or Contractor shall furnish to County 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 County 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 County, 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 monies paid pursuant to this Agreement. 8. Indemnification. The Contractor 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 Contractor or any of its subcontractors hereunder; and Contractor 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 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 the County and are to be delivered to County 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) when transmitted via e-mail with confirmation of receipt. Either DocuSign Envelope ID: C6607704-E3B9-4025-A23C-29EEDAA5B924 5 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. COUNTY: Eagle County, Colorado Attention: Marcia Gilles 500 Broadway Post Office Box 850 Eagle, CO 81631 Telephone: 970-328-8697 E-Mail: marcia.gilles@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: Vail Valley Mountain Trails Alliance Attention: Ernest Saeger 1099 Capitol Street Eagle, Colorado 81631 Post Office Box 3986 Avon, CO 81620 Telephone: 607-778-0337 E-Mail: ernest@vvmta.org 11. Termination. County 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 County with all documents as defined in paragraph 9 hereof, in such format as County shall direct and shall return all County owned materials and documents. County 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 DocuSign Envelope ID: C6607704-E3B9-4025-A23C-29EEDAA5B924 6 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. a. Contractor has familiarized itself with the nature and extent of the Services to be provided hereunder and the Open Space Properties, 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 it 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 County 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 the County 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 County. 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 Contractor except that of independent contractor. Contractor shall have no authority to bind County. DocuSign Envelope ID: C6607704-E3B9-4025-A23C-29EEDAA5B924 7 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 County. 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. 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 the County has any personal or beneficial interest whatsoever in the Services or Open Space Properties 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. 15. Data Security. a. Definitions: i. “County Data” means all data created by or in any way originating with County and End Users, and all information that is the output of any computer processing, or other electronic manipulation, of any information that was created by or in any way originating with County and End Users, in the course of using and configuring the Services provided under this Agreement, and includes all records relating to County’s use of Contractor Services and Protected Information. ii. “End User” means the individuals (including, but not limited to employees, authorized agents, students and volunteers of County; Third Party consultants, auditors and other independent contractors performing services for County; any governmental, accrediting or regulatory bodies lawfully requesting or requiring access to any Services; customers of County provided services; and any external users collaborating with County) authorized by County to access and use the Services provided by Contractor under this Agreement. iii. “Protected Information” includes, but is not limited to, personally-identifiable information, student records, protected health information, criminal justice information or individual financial information and other data defined under C.R.S. §§ 24-72-101 et seq., and personal information DocuSign Envelope ID: C6607704-E3B9-4025-A23C-29EEDAA5B924 8 that is subject to local, state or federal statute, regulatory oversight or industry standard restricting the use and disclosure of such information. The loss of such Protected Information would constitute a direct damage to the County. iv. “Security Incident” means the potentially unauthorized access by non-authorized persons to personal data or non-public data the Contractor believes could reasonably result in the use, disclosure or theft of County Data within the possession or control of the vendor. A Security Incident may or may not turn into a data breach. b. During the course of Contractor's performance of the Work, the Contractor may be required to maintain, store, process or control County Data. The Contractor represents and warrants that: i. Contractor will take all reasonable precautions to maintain all County Data in a secure environment to prevent unauthorized access, use, or disclosure, including industry-accepted firewalls, up-to-date anti-virus software, and controlled access to the physical location of the hardware containing County Data; ii. Contractor’s collection, access, use, storage, disposal and disclosure of County Data shall comply with all applicable data protection laws, as well as all other applicable regulations and directives; iii. Contractor will notify County of any Security Incident as soon as practicable, but no later than 24 hours after Contractor becomes aware of it; iv. Contractor will provide information sufficient to satisfy County’s legal and regulatory notice obligations. Upon notice of a Security Incident, County shall have the authority to direct Contractor to provide notice to any potentially impacted individual or entity, at Contractor’s expense, and Contractor shall be liable for any resulting damages to County. v. Where Contractor has been contracted to maintain, store or process personal information on behalf of the County, it shall be deemed a “Third-Party Service Provider as defined in C.R.S. § 24-73-103(1)(i), and Contractor shall maintain security procedures and practices consistent with C.R.S §§ 24-73-101 et seq.; and vi. Contractor will promptly return or destroy any County Data upon request from the County Representative. c. Contractor’s indemnification obligations identified elsewhere in this Contract shall apply to any breach of the provisions of this Paragraph. [REST OF PAGE INTENTIONALLY LEFT BLANK] DocuSign Envelope ID: C6607704-E3B9-4025-A23C-29EEDAA5B924 9 IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first set forth above. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its COUNTY MANAGER By: ______________________________ Jeff Shroll, County Manager CONTRACTOR By: _____________________________________ Print Name: Ernest Saeger Title: Executive Director DocuSign Envelope ID: C6607704-E3B9-4025-A23C-29EEDAA5B924 10 EXHIBIT A SCOPE OF SERVICES, SCHEDULE, FEES Vail Valley Mountain Trails Alliance to Provide: Through the VVMTA’s volunteer programs and Trail Conservation Crew, the VVMTA will perform the following services between February 1, 2024 - December 31, 2024: Open Space projects: ● Homestead Open Space maintenance & potential reroutes ○ Services performed will include scoping, design, volunteer mobilization, decommission/rehab, maintenance, and construction. ● Water Tank trail maintenance & potential reroutes ○ Services performed will include scoping, design, volunteer mobilization, decommission/rehab, and construction. ● Creamery Gulch trail maintenance and potential reroutes ○ Services performed will include scoping, design, volunteer mobilization, decommission/rehab, and construction. ● Adopt A Trail Program Adopted Trails ○ 3 Sisters ○ Adam’s Way ○ Homestead L Open Space Natural Resource projects: ● Trail Ambassador Program ○ Staff & Volunteers at the following trailheads: ■ Homestead L Open Space ■ Eagle River Preserve ● Dirt Surfer/ Road Gulch reroutes ○ The Trail Conservation Crew will perform reroutes and decommissioning/rehab of trails and roads in the Dirt Surfer and Road Gulch area identified in the Hardscrabble – East Eagle Special Recreation Management Area – Vail Valley Mountain Trails Alliance and Hardscrabble Trails Coalition Trail Proposals submitted to the Bureau of Land Management. These projects include: ■ Decommission/rehab of BLM route 8412 ■ Closure of Road Gulch to motorized use at the Will’s Thrill trail intersection to the South ■ Decommission/rehab of the Dirt Surfer trail ■ Reroute of the Dirt Surfer trail with new alignment to the West ■ Singletrack trail connection from 3 Sisters to Road Gulch End of Year report: Due by December 31, 2024, The report shall include metrics and before and after photos, number of volunteer hours, number of miles maintenance achieved, number of hours wildlife ambassadors, and number of adopt a trail hours/miles. DocuSign Envelope ID: C6607704-E3B9-4025-A23C-29EEDAA5B924 11 EXHIBIT A SCOPE OF SERVICES, SCHEDULE, FEES Eagle County Open Space to Provide: ● Any materials and supplies that may be needed to complete projects listed in Exhibit A. These materials will be considered for purchase by Eagle County Open Space on a case by case basis and are not guaranteed. Materials and supplies may include but are not limited to: ○ Hardware and materials for bridge(s) construction ○ Seed for rehabilitation ○ Other materials and supplies that may arise during projects ● Staff time, site visits, and Homestead HOA coordination support ○ Staff will provide support and consultation on the projects listed in Exhibit A which may include but not limited to: ■ Site visits for project planning ■ Meetings with Homestead HOA ■ Provide information and direction on conservation easement policies and procedures ■ Coordinate with conservation easement holders for project coordination and approvals DocuSign Envelope ID: C6607704-E3B9-4025-A23C-29EEDAA5B924 12 EXHIBIT A SCOPE OF SERVICES, SCHEDULE, FEES Open Space Projects Adopt A Trail Program & Open Space Projects Hourly Rate Hours Total In-Kind Hours Total In- Kind AAT volunteer crew leader $35.00 50 $1,750.00 20 $700.00 Staff and volunteer scoping, planning, and design $52.00 8 $416.00 8 $416.00 Volunteer recruitment, mobilization, and oversight $35.00 9 $315.00 4 $140.00 Management & operations 10% $248.10 Total Open Space Projects $2,729.10 $1,256.00 Natural Resource Projects Trail Ambassador Program Hourly Rate Hours Total In-Kind Hours Total In- Kind Trail Ambassador trailhead staff $35.00 40 $1,400.00 6 $210.00 Volunteer recruitment, mobilization, and oversight $35.00 5.5 $192.50 2 $70.00 Management & operations 10% $159.25 Total Trail Ambassador Program $1,751.75 $280.00 Trail Conservation Crew Daily Rate Days Total In-Kind Days Total In- Kind TCC Crew (3 crew members) $1,253.97 4 $5,015.88 4 $5,015.88 Management & operations 10% $503.27 1 $2,275.00 Total Trail Conservation Crew $5,519.15 $7,290.88 Total Natural Resource Projects $7,270.90 $7,570.88 Project Total Total to VVMTA $10,000.00 Total In- Kind $8,826.88 DocuSign Envelope ID: C6607704-E3B9-4025-A23C-29EEDAA5B924 13 EXHIBIT A SCOPE OF SERVICES, SCHEDULE, FEES DocuSign Envelope ID: C6607704-E3B9-4025-A23C-29EEDAA5B924 14 EXHIBIT A SCOPE OF SERVICES, SCHEDULE, FEES DocuSign Envelope ID: C6607704-E3B9-4025-A23C-29EEDAA5B924 15 EXHIBIT B EAGLE COUNTY PARTICIPANT ACKNOWLEDGEMENT, ASSUMPTION OF RISK, AND RELEASE Activity Description (“Activity”): _______________________________________________________________ Name of Open Space Property used for the Activity (“Property”): ______________________________________ Start Date/End Date: __________________________________________________________________________ Participant’s Name: ___________________________________________________________________________ Parent/Guardian Name if participant is a minor: _____________________________________________________ Emergency Contact and Phone Number: ___________________________________________________________ The Eagle County Open Space Department welcomes you as a participant in the Activity, including the use of Eagle County Property. Please read through the following important information. I exercise my own free and voluntary choice to participate in the Activity, including the use of the Property. By signing below, I indicate that I have the authority to sign this document and that I understand and assume all associated risks of the Activity. I expressly agree to assume all risk and will not sue Eagle County as a result of any personal injury or loss, bodily injury (including death), damage to or loss of, or destruction of any personal property resulting from or arising out of participation in the Activity. I also release, waive, discharge, indemnify, and hold harmless Eagle County, its boards, officers, employees, agents, and assigns from and against any and all claims, actions, causes of action, liabilities, damages, losses, or expenses and demands (including court costs and reasonable attorney fees and expenses) arising out of the Activity or my use of the Property. Eagle County does not provide health insurance for individuals participating in the Activity occurring on the Property. As such, you or your personal health insurance will be responsible for payment of medical services and care for any injuries sustained during the Activity. Participants in the Activity are sometimes photographed and videotaped for use in Eagle County promotional and educational/outreach programs. Such audio, video, and print images may be edited, duplicated, distributed, reproduced, broadcast, and/or reformatted in any form and manner without payment of fees. It is understood and agreed that this instrument is a full and final release of all claims of every nature and kind whatsoever, whether known or unknown. This instrument is intended to be as broad and inclusive as permitted by the laws of the State of Colorado, and that if any portion hereof is invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. This Acknowledgement, Assumption of Risk, and Release shall be construed in accordance with the laws of the State of Colorado, and any dispute regarding this Acknowledgment, Assumption of Risk and Release shall be brought exclusively in Eagle County, Colorado. This instrument shall be binding upon heirs, assigns, successors, executors, and subrogees. Participant understands and agrees that Eagle County does not waive or intend to waive by any provision of this Agreement, the rights, immunities, and protections provided by the Colorado Governmental Immunity Act, as from time to time amended. I hereby certify that I have read and understand the provisions above. For participants under 18 years of age, the parent or guardian accepts the above terms and grants permissions for participation on behalf of said minor. ACTIVITY PARTICIPANT By: ___________________________ ____________________________ Sign Name Print Name Date: __________________________ PARENT/GUARDIAN OF MINOR By: ____________________________ ______________________________ Sign Name Print Name DocuSign Envelope ID: C6607704-E3B9-4025-A23C-29EEDAA5B924 16 EXHIBIT C INSURANCE CERTIFICATE DocuSign Envelope ID: C6607704-E3B9-4025-A23C-29EEDAA5B924 ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD ©1988- 2009 ACORD CORPORATION. All rights reserved. DATE (MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 02/23/2023 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). CONTACT NAME: PHONE (A/C, No, Ext):518-576-2100 FAX (A/C No):866-406-9548 E-MAIL ADDRESS:don@pachner.us PRODUCER CUSTOMER ID _: PRODUCER Pachner & Associates, LLC PO Box 140, Keene, NY, 12942 INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : Accelerant Specialty Insurance Company 16890 INSURER B : INSURER C : INSURER D : INSURER E : INSURED Sports Marketing Program Management Inc. Vail Valley Mountain Bike Association DBA Vail Valley Mountain Trails Alliance PO Box 3986 Avon, CO, 81620 INSURER F : COVERAGES CERTIFICATE NUMBER: A-SP-SU-23-01-12-267500_E1 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 LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY)POLICY EXP (MM/DD/YYYY)LIMITS EACH OCCURRENCE $ 1,000,000.00 DAMAGE TO PREMISES RENTED (Any one premises) $ 300,000.00 MED EXP (any one person) $ 5,000.00 PERSONAL & ADV INJURY $ 1,000,000.00 GENERAL AGGREGATE $ 3,000,000.00 PRODUCTS - COMP/OP AGG $ 2,000,000.00 A GENERAL LIABILITY X COMMERICAL GENERAL LIABILITY CLAIMS-MADE X OCCUR X INCLUDES ATHLETIC PARTICIPANTS GENERAL AGGREGATE LIMIT APPLIES PER: X POLICY PROJECT LOC Y N S0019GL000001-02 02/23/2023 02/23/2024 $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000. BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ A ANY AUTO X HIRED AUTOS ALL OWNED AUTOS X NON-OWNED AUTOS SCHEDULED AUTOS Y N S0019GL000001-02 02/23/2023 02/23/2024 $ EACH OCCURRENCE $ UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS-MADE AGGREGATE $ $ DEDUCTIBLE RETENTION $ $ WC STATU- TORY LIMITS OTH- ER Y / N E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under SPECIAL PROVISIONS below N / A ` E.L. DISEASE - POLICY LIMIT $ A OTHER Abuse/Molestation Y N S0019GL000001-02 02/23/2023 02/23/2024 Each Occurrence: $ 25,000.00 Aggregate: $ 50,000.00 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Certificate Issue Date :Jan 29 2024 1:38PM EST Endorsed Date :Nov 17 2023 12:00AM EST Liability Policy Deductible: $0.00 Deductible for Bodily Injury and $ 1000.00 per Property Damage Claim. ISO Occurrence form CG 00 01 04 13 and company's specific forms. Coverage for Participant Legal Liability requires that every participant signs a waiver/release. The certificate holder is named as Additional Insured with respect to (continued on next page) 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, PO Box 850 Eagle, CO, 81631 AUTHORIZED REPRESENTATIVE Mark Di Perno DocuSign Envelope ID: C6607704-E3B9-4025-A23C-29EEDAA5B924 ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD ©1988- 2009 ACORD CORPORATION. All rights reserved. ADDITIONAL REMARKS AGENCY Pachner & Associates, LLC POLICY NUMBER S0019GL000001-02 NAMED INSURED Vail Valley Mountain Bike Association DBA Vail Valley Mountain Trails Alliance PO Box 3986 Avon, CO, 81620CARRIER Accelerant Specialty Insurance Company NAIC CODE 16890 EFFECTIVE DATE: 02/23/2023 THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance negligent acts or omissions of the Named Insured and only with respect to the Operations of the Insured during the coverage period.   RE: Registered Hiking - Hiking Trail Maintanence participants: 02/23/2023 - 02/23/2024; Registered Day Hiking participants: 02/23/2023 - 02/23/2024; Registered Mountain Biking - Recreational, XC, Trail riding participants: 02/23/2023 - 02/23/2024; DocuSign Envelope ID: C6607704-E3B9-4025-A23C-29EEDAA5B924