HomeMy WebLinkAboutC09-386 Peak Performance Imaging SolutionsAGREEMENT BETWEEN EAGLE COUNTY AND PEAK PERFORMANCE IMAGING SOLUTIONS Z~~~ ' ~ , This Agreement ("Agreement") dated as of this ~~~ day of ~~ ~~x l~~t~ ~~~ ~~, 2009, is between the County of Eagle, State of Colorado, a body corporate and politic, by and through its Board of County Commissioners ("County"), and Peak Performance Imaging Solutions, with a mailing address of PO Box 1968, Silverthorne, CO 80498 ("Contractor"). WHEREAS, the County, through its Department of Health and Human Services ("HHS"), works to promote the health, safety and welfare of County residents of all ages; and WHEREAS, County provides various services to Eagle County residents in order to promote health, safety and welfare; and WHEREAS, to enhance the ability of the County to provide these services, County is in need of an organization to provide the services outlined in Section 1.1 hereunder; and WHEREAS, County wishes to hire Contractor to perform the tasks associated with such services outlined in Section 1.1 hereunder; and WHEREAS, County and Contractor intend by this Agreement to set forth the scope of the responsibilities of the Contractor in connection with the services and related terms and conditions to govern the relationship between Contractor and County in connection with the services. AGREEMENT NOW THEREFORE, based upon the representations by Contractor set forth in the foregoing recitals, for good and valuable consideration, including the promises set forth herein, the parties agree to the following: 1. Scope of Services: 1.1 The Contractor will provide the services more particularly set forth in the attached Exhibit "A" labeled Scope of Services, Additional Conditions, Payment & Fee Schedule (hereinafter called "Contractor's Services") incorporated herein by reference. The Contractor's Services are generally described as providing off-site scanning services for existing Child Support Services case files through subcontractor, Eternal Documents. 1.2 Any revision, amendment or modification of this Agreement shall be valid only if in writing and signed by all parties. Except as may be expressly altered by the amendment, all terms and conditions of this Agreement shall control. To the extent the terms and conditions of this Agreement may conflict with Exhibit "A" or any future exhibits or amendments, the terms and conditions of this Agreement shall control. 1.3 The Contractor agrees that Contractor will not knowingly enter into any arrangement per se with third parties that will conflict in any manner with this Agreement. ~~~ ~~ 1.4 Contractor has given the County a proposal for performing the Services and represented that it has the expertise and personnel necessary to properly and timely perform the Services. 2. Term of Agreement: 2.1 This Agreement shall commence on the agreement date first above written and, subject to the provisions of Section 2.2 hereof, shall continue in full force and effect until December 31 of the year first above written. This Agreement may be extended beyond the time referred to in this Section 2.1 by a Renewal Agreement fully executed by both parties hereto. 2.2 This Agreement may be terminated by either party for any reason with 15 days written notice, with or without cause, and without penalty. In the event the Contractor files for bankruptcy or is declared bankrupt or dissolves, County may declare in writing that this Agreement is terminated, and all rights of Conti-actor and obligations of County, except payment of accrued but unpaid fees set forth in Section 2.3 hereof, shall terminate immediately. 2.3 In the event of any termination of this Agreement, Contractor shall be compensated for all incurred costs and hours of work then completed, plus approved expenses. 3. Independent Contractor: 3.1 With respect to the provision of the Contractor's Services hereunder, Contractor acknowledges that Contractor is an independent contractor providing Contractor's services to the CounCy. Nothing in this Agreement shall be deemed to make Contractor an agent, employee, partner or representative of County. 3.2 The Contractor shall not have the authority to, and will not make any commitments or enter into any agreement with any party on behalf of County without the written consent of the Board of County Commissioners. 3.3 The Contractor and its employees are not entitled to workers' compensation benefits through the County. The Contractor is solely responsible for necessary and adequate workers' compensation insurance and shall be responsible for withholding and paying all federal and state taxes. The Contractor and its employees are not entitled to unemployment insurance benefits unless unemployment compensation coverage is provided by an entity other than the County. The Contractor hereby acknowledges full and complete liability for and timely payment of all local, state and federal taxes imposed including, without limitation, tax on self-employment income, unemployment taxes and income taxes. 4. Compensation: 4.1 For the Contractor's Services provided hereunder, County shall pay to the Contractor a fee as set forth in the attached Exhibit "A." Contractor will not be entitled to bill at overtime and/or double time rates for work done outside normal business hours unless specifically authorized to do so by County. Fees for any additional services will be as set forth in an executed addendum between the parties. 4.2 For payment, Contractor must submit invoices outlined according to the Payment and Fee Schedule in Exhibit A. Invoices shall include a description of services performed. If County is not satisfied with the completeness of a submitted invoice, County may request Contractor to either revise the invoice or provide additional information to explain the insufficiency of the invoice. Fees will be paid within thirry (30) days of receipt of a proper and accurate invoice from Contractor for Contractor's Services. All invoices must be mailed or delivered in-person to the following address to ensure proper payment. Invoices sent by fax or email will not be accepted. Eagle County Health & Human Services Business Office 550 Broadway P.O. Box 660 Eagle, CO 81631 4.3 If, prior to payment of compensation or reimbursement for services but after submission to County of a request therefore by Contractor, County reasonably determines that payment as requested would be improper because the services were not performed as prescribed by the provisions of this Agreement, the County shall have no obligation to make such payment. If, at any time after or during the Term or after termination of this Agreen~ent as hereinafter provided or expiration of this Agreement, County reasonably determines that any payment theretofore paid by County to Contractor was improper because the services for which payment was made were not performed as prescribed by the provisions of this Agreement, then upon written notice of such determination and request for reimbursement from County, Contractor shall forthwith return such payment to County. Upon termination of this Agreement as hereinafter provided or expiration of the Term, any unexpended funds advanced by County to Contractor shall forthwith be returned to County. 4.4 Notwithstanding anything to the contrary contained in this Agreement, no charges shall be made to the County nor shall any payment be made to the Contractor in excess of the amount for any work done in respect of any period after December 3 I st of the calendar year of the Term of this Agreement, without the written approval in accordance with a budget adopted by the Board of County Commissioners in compliance with the provisions of 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). 5. Indemnification: Within the limits allowed by law, Contractor shall indemnify County far, and hold and defend the County and its officials, boards, officers, principals and employees harmless from all costs, claims and expenses, including reasonable attorney's fees, arising from claims of any nature whatsoever made by any person in connection with the negligent acts or omissions of, ar presentations by, the Contractor in violation of the terms and conditions of this Agreement This indemnification shall not apply to claims by third parties against the County to the extent thaC the County is liable to such third party for such claim without regard to the involvement of the Contractor. 6. Contractor's Professional Level of Care and Additional Duties: 6.1 In rendering its services hereunder, Contractor shall comply with the highest standards of customer service to the public. Contractor shall provide appropriate supervision of its employees to ensure the maintenance of these high standards of customer service and professionalism, the performance of such obligation to be determined at the sole discretion of County. In the event that County finds these standards of customer service are not being met by Contractor, County may terminate this Agreement, in whole or in part, upon ten (10) days notice to the Contractor. 6.2 All funds received by Contractor under this Agreement shall be or have been expended solely for the purpose for which granted, and any funds not so expended, including funds lost or diverted for other purposes, shall be returned to County. Contractor shall provide the County with progress reports upon County's request; or Contractor shall furnish progress reports as more specifically set forth in the attached Exhibit "A". 6.3 Contractor shall maintain, for a minimum of 3 years, adequate financial and programmatic records for reparting to County on performance of its responsibilities hereunder. Contractor shall be subject to financial audit by federal, state or county auditors or their designees. Contractor authorizes County to perform audits or to make inspections during normal business hours, upon 48 hours notice to Contractor, for the purpose of evaluating performance under this Agreement. Contractor shall cooperate fully with authorized HHS representatives in the observation and evaluation of the program and records. Contractor shall have the right to dispute any claims of misuse of funds and seek an amicable resolution with County. 6.4 Contractor shall comply with all applicable federal, state and local rules, regulations and laws governing services of the kind provided by Contractor under this Agreement. Contractor shall be solely responsible for ensuring proper licensing and credentialing of those providing services under this Agreement. 6.5 Contractor shall comply with the requirements of the Civil Rights Act of 1964 and Section 504, Rehabilitation Act of 1973, concerning discrimination on the basis of race, color, sex, age, religion, political beliefs, national origin, or handicap. 4 7. Notice: Any notice required under this Agreement shall be given in writing by registered or certified mail; return receipt requested which shall be addressed as follows: COUNTY: Eagle County Health & Human Services Kathleen M. Lyons P.O. Box 660 Eagle, CO 81631 970-328-8841 CONTRACTOR: Peak Performance Imaging Solutions PO Box 1968, 135 West 11`h Street Silverthorne, CO 80498 970-262-2555 8. Insurance: 8.1 At all times during the term of this Agreement Contractor shall maintain in full force and effect the following insurance: Insurance Type • Workers' Compensation ~ Employers Liability, including Occupational Disease ~ Comprehensive General Liability, including Broad Form Property Damage • Professional Liability Insurance Coverag;e Minimums Statutory $500,000 $600,000 per occurrence or as specified in the Colorado Governmental Immunity Act, whichever is greater $500,000 per occurrence 8.2 Contractor shall purchase and maintain such insurance as required above and shall provide certificates of insurance in a form acceptable to County upon execution of this Agreement. 9. Non-Assignment and Subcontractors: Contractor shall not assign this Agreement or employ any subcontractor without the prior written approval of the County Representative, who is designated in Section 7 of this Agreement. The Contractor shall be responsible for the acts and omissions of its agents, employees and sub- contractors. The Contractor shall bind each subcontractor to the terms of this Agreement The Counry may terminate this Agreement, if the Contractor assigns or subcontracts this Agreement without the prior written consent from the County, and any such assignment or subcontracting shall be a material breach of this Agreement. 10. Jurisdiction and Confidentiality: 10.1 This Agreement shall be interpreted in accordance with the laws of the State of Colorado and the parties hereby agree to submit to the jurisdiction of the courts thereof. Venue shall be in the Fifth Judicial District for the State of Colorado. ] 0.2 The Contractor and County acknowledge that, during the term of this Agreement and in the course of the Contractor rendering the Conti-actor's Services, the Contractar and County may acquire knowledge of the business operations of the other party not generally known deemed confidential. The parties shall not disclose, use, publish or otherwise reveal, either directly or through another, to any person, firm or corporation, any such confidential knowledge or information and shall retain all knowledge and information which he has acquired as the result of this Agreement in trust in a fiduciary capacity for the sole benefit of the other party during the term of this Agreement, and for a period of five (5) years following tennination of this Agreement. Any such information must be marked as confidential. The parties recognize that the County is subject to the Colorado Open Records Act and nothing herein shall preclude a release of information that is subject to the same. 1L Contractor's Duty to Safeguard Con~dential Materials: 11.1 Contractor's Services for the County require the handling of documents, records, files, data, etc (hereinafter collectively "Documents") that contain confidential and sensitive material. Contractor shall treat all Documents received as confidential and shall use all appropriate administrative, physical, and technical safeguards to protect the confidentiality of all information contained in the Documents received from the County and Contractor shall be in accardance with the rules of the Health Information Portability and Accountability Act ("HIPAA") and rules promulgated by HHS. Steps to safeguard information shall include but are not limited to: restricted area access, locked areas, password-protected computer access, and other measures reasonably calculated to prevent disclosures of information and security incidents. 11.2 To the furthest extent of the law, Contractor will ensure that it will not disclose any information obtained during or following the commencement of this agreement. If such a disclosure is requested, Contractor will notify HHS immediately that a disclosure request has been made and Contractor will wait until receiving further instructions from the County. 11.3 Contractor agrees to notify HHS immediately upon discovery of a breach in confidentiality. 11.4 Contractor is permitted to use agents, subcontractors, and vendors (hereinafter collectively "Agents") to carry out the Contractor's Services described in this Agreement herein, so long as the Agents agree to the same restrictions and conditions that apply to the Contractor set forth in this Agreement. 12. Data Sanitization 12.1 At the completion of Contractor's Services, Contractor shall purge and sanitize its servers, computers, and any electronic media capable of storing digital information of all data 6 that has been used, processed, stored, or transferred for this project. Contractor shall carry this out by the method known as DoD 5220.22-M. 13. Miscellaneous: 13.1 This Agreement constitutes the entire Agreement between the parties related to its subject matter. It supersedes all prior proposals, agreements and understandings, either verbal or written. 13.2 This Agreement does not and shall not be deemed to confer upon or grant to any third party any right enforceable at law or equity arising out of any term, covenant, or condition herein or the breach hereof. 13.3 Invalidity or unenforceability of any provision of this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed as if such invalid or unenforceable provision was amitted. 14. Prohibitions on Public Contract for Services: If Contractor has any employees or subcontractors, Contractor shall comply with C.R.S. ,~~' 8-17.5-101, et seq., regarding Illegal Aliens - Public Contracts for Services, and this Contract. By execution of this Contract, ContracCor certifies that it does not knowingly employ or contract with an illegal alien who will perform under this Contract and that Contractor 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 work under this Contract. (a) Contractor shall not: (i) Knowingly employ or contract with an illegal alien to perform work under this contract for services; or (ii) Enter into a contract with a subcontractor that fails to certify to the Contractor that the subcontractor shall not knowingly eir~ploy ar contract with an illegal alien to perform work under the public contract for services. (b) Contractor has confirmed the employment eligibility of all employees who are newly hired for employment to perform work under this Contract 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/protrams/rc _ l 185221C78150.shtm (c) The Contractor 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. 7 (d) If the Contractor obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien, the Contractor shall be required to: (i) Notify the subcontractor and the County within three (3) days that the Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and (ii) Terminate the subcontract with the subcontractor if within three (3) days of receiving the notice required pursuant to subparagraph (i) of paragraph (d) the subcontractor does not stop employing or contracting with the illegal alien; except that the Contractor shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. (e) The Contractor shall co~nply 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 a Contractor violates these prohibitions, the County may terminate the contract for a breach of the contract. If the contract is so terminated specifically for a breach of this provision of this Contract, the Contractor shall be liable for actual and consequential damages to the County as required by law. (g) The County will notify the office of the Colorado Secretary of State if Contractor violates this provision of this Contract and the County terminates the Contract for such breach. 15. Sole Source Government Contracts: If the Contractor has entered into a sole source government contract or contracts with the State of Colorado or any of its political subdivisions as defined in Article XXVIII of the Colorado Constitution which including this contract in the aggregate on an annual basis are equal to or exceed the amount of $100,000, then the following provisions apply: (a) Because of a presumption of impropriety between contributions to any campaign and sole source government contracts, Contractor, on behalf of itself, any person who controls ten percent or more of the shares of or interest in the Contractor, and the Contractor's officers, directors and trustees (collectively, the "Contract Holder") shall contractually agree, for the duration of the contract and for two years thereafter, to cease making, causing to be made, or inducing by any means, a contribution, directly or indirectly, on behalf of the Contractor Holder or on behalf of his or her immediate family member and for the benefit of any political party or for the benefit of any candidate for any elected office of the state or any of its political subdivisions. (b) The parties further agree that if a Contract Holder makes or causes to be made any contribution intended to promote or influence the result of an election on a ballot issue, the Contract Holder shall not be qualified to enter into a sole source government contract relating to that particular ballot issue. (c) The parties agree that if a Contract Holder intentionally violates sections 15 or 17(2) of Article XXVIII of the Colorado Constitution, as contractual damages that Contract Holder shall be ineligible to hold any sole source government contract, or public employment with the state or any of its political subdivisions, for three years. (d) The Contract Holder agrees to comply with the summary and notice provisions of Section 16 of Article XXVIlI of the Colorado Constitution. (e) These provisions shall not apply to the extent they have been enjoined or invalidated by a court of co~npetent jurisdiction. (~ All terms used in this Section and not otherwise defined in this Agreement shall have the same meaning as set forth in Article XXVIII of the Colorado Constitution. ll SIGNATURE PAGE TO FOLLOW // IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. COUNTY OF EAGLE, STATE OF COLORADO By and through its County Manager gy. _ - ~ _ Keith P. Montag, Counry Manager Peak Performance Imaging Solutions /~ ~ gy_ ~i~, ~~/ / li Alan Warho ski, Pres~ ent 10 EXHIBIT A SCOPE OF SERVICES, ADDITIONAL CONDITIONS, PAYMENT & FEE SCHEDULE Scope of Services: Peak Performance Imaging Solutions through subcontractor, Eternal Documents LLC, 700 W. Mississippi, Unit C3, Denver, CO 80223, will provide the following services beginning approximately September 14, 2009 and ending approximately 10 weeks after commencement but no later than December 31, 2009. In accordance with the Terms and Conditions set forth in this Agreement, with specific attention to ¶¶ 11 and 12 (Contractor's Duty to Safeguard Confidential Materials and Data Sanitization, respectively) Contractor shall complete the following: 1. Contractor will pack up Child Support Services case files and inventory all boxes. There will be an anticipated 748 files. Contractor will check case files into inventory system for temporary storage. This will allow County to call with requests for documents that can be scanned and e-mailed. 3. Contractor will prepare the case file documents that are to be scanned. This includes removal of staples, paperclips, and repositioning of post-it-notes, preparing them for scanning through high speed scanners. 4. Contractor will scan documents into TIFF format. The files will be named Last Name, First Name and Household Account Number. The files will be returned in Laserfiche Briefcases. Documents will be separated into separate files by Document Type when easily identifiable. The Laserfiche HHS Template fields of NCP Name, NCP SSN, HHN and Document Type will be indexed using the data file provided by Eagle County Health. 5. Contractor will store physical files for 45 days after the return of the digital files. At that time, the physical files will be returned to County. 6. Contractor will delete the digital files from Contractor's server upon County's approval. 11 Pavment and Fee Schedule: Total payment for the above services is $22,000. Payment will be made as foliows: 1. $ 11,000 will be due to Peak Performance Imaging Solutions two weeks after the initial pick up (approximately September 28, 2009). 2. The remaining $ 11,000 will be due upon completion and return of all digital files. 12 EXHIBIT C PROOF OF INSURANCE (Certificate of insurance to be inserted as Exhibit C) 13 y0 This Snectrum Policy consists of the Declarations, Coverage Forms, Common Policy Conditions ai~d any 47 other Forms and Endorsements issued to be a pai~t of the Po!icy. This insurance is provided by the stock IH insurar~ce company of The Hartford Insurance Group shown below. SBA !NSURER: ~-~TFORD CASUAL'i'Y INSURANCE COh1PPNY HA~TI'CRD PLA7A, NAR`~FORD, CT 051~ 5 h COMPANY CODE: ~ ~~~~,~~ Policy Number: 34 SBA IH4790 DX a 11'-' .~"~" HARTFORD 0 N ~ M 0 rn 0 ~ 0 0 rn ~ a+ x H d+ c'1 N O O ~ ~ ~ SPECTRUM POLICY DECLARATIONS ORIGINAL Named Insured and Mailing Address: PEAK PERFORMl-1NCE COPIER AND (No., Street, Town, State, Zip Code) SUPPLY, INC . po Box 1s68 SILVERTHORI~TE CO fl0498 Policy Period: From 10/21/OS To 10/21/09 1 YEAR 12:01 a.m., Standard time at your mailing address shown above. Exception: 12 noon in New Hampshire. Name of AgentlBroker: ALPINE INS AGENCY OF EDWARDS/PHS Code: 344510 Previous Policy Number: 34 SBA IH4790 Named Insured is: CORPORATION Audit Period: NON-AUDITABLE Type of Property Coverage: SPECIAL Insurance Provided: In return for the payment of the premium and subject to all of the terms of this policy, we agree with you to provide insurance as stated in this policy. TOTAL ANNUAL PREMIUM lS: $4, 245 IN RECOGNITION OF THE MULTIPLE COVERAGES INSURED WITH THE HARTFORD, YOUR POLICY PREP~IIUM INCLUDES AN ACCOUNT CREDIT. Couritersigned by v 08/26/08 Authorized Representative Date Form SS 00 02 12 06 Page 001 (CONTINUED ON NEXT PAGE) Process Date: 08/26/08 Palicy Expiratian Date: 10/21/09 INSURED COPY SPECTRUM POLICY DECLA~RT[O~lS (C:ontiniaed) POLICY NUMBER: 34 SBA Ixa790 Location(s), Building(s), Business of Named Insured and Schedule of Coverages for Premises as designated by Number below. Location: 001 Building: 00]_ 135 W. 11TH ST SILVERTHORNE CO 80498 Description of Business: OFFICE EQUIPNiENT & SUPPLY STORE Deductible: $ 500 PER OCCURxENCE BUILDING AND BUSINESS PEl4St~~l~l_ F'F~t7P[F~TY LIMITS OF INSURANCE BUILDING NO COVERAGE BUSINESS PERSONAL PROPERT`f' REPLACEMENT COST $ 521, 400 PERSONAL PROPERTY OF O~'HER~ REPLACEMENT COST NO COVERAGE MONEY A1VD SECURITIES =rrszn~ fix~ P~tazs~s $ 10, 000 OUTSIDS THE PRE~4ISES $ 5,000 LOSS PAYEE: 'A' APPLIES Form SS 00 02 12 06 pag~ 002 (CONTINUFD ON NFXT PAGE) Process Date: 08/26/08 Policy Expiratian Qate: 10/21/09 SPECTRUM POLICY D~CLARATlONS (~ontinuecl) POLICY NllMBER: 34 SBA IH4790 Location(s), Building(s), Business of Named insured and Schedule of Caverages ior Fremises as designated by Nwnber below. Location: 001 Building: 001 PROPERTY OPTIONAL COVERAGES APPLICABLE LIMITS OF INSURANCE TO THIS LOCATION ~ N ~ ~ 0 BACK-UP OF 3EWERS P.ND DRAINS cov~~E go~ ss oa 53 $ 50,000 rn 0 ~ 0 0 rn ~ d+ x H ~H ("-1 N O 0 r-I ~ ~ STItE'PCH COVERAGES FORID~l: SS 04 08 TEiI3 FORM INCLUDES MANY ADDITIONAL COVSRAGES AND EXTENSIONS OF C0~1E~RAGES . A S'U&~ARY OF THE COVERAGE LIMITS IS ATfiACHED. T~U]AN'P ID~PROVFD~INTS AND 8~~~'~T~.S' : $ 50,000 TFIEFT DEDUCTIBLE: $500 Fox~a ss 4o sa LIMITED ~GI, BACTERIA OR VIRUS CO'V$RAGE : FORM SS 40 93 THIS IS ~HE b4A7CIMiJffi AMOUNT OF INSTJRANCE FOR THIS COVERAGE, SUHJECT TO ALL PROPERTY LIMITS FOZ7P7D ELSEWHERE ON THIS UECLARATION. INCLUDING BUSINESS INCOME AND EXTRA ~.i{PENSE CO'V'LRAGE FOR : $ 50,000 30 DAYS Form SS 00 02 12 06 {~rocess Date: 08/26/OS Page 003 (CONTINUED ON NEXT PAGE) Palicy Expiration Date: 10/21/09 SPECTRUM POLICY DECLARATIONS (Continued) POLICY NUMBER: 34 SBA IH4790 Location(s), Building(s), Business of Named tnsured and Schedule of Coverages for Premises as designated by Number below. Location: 002 Building: 001 156034 HIGHWAY 285 SHAWNEE CO 8047~ Description of l3usiness: OFFICE EQUIPMENT & SUPPLY STORE Deductible: $ 500 PER OCCURRENCE BUILDING AND BUSINESS PERSONAL PROPERTY LIMITS OF INSURANCE BUILDING NO COVERAGE BUSINESS PERSONAL PROPERTY REPLACEMENT COST $ 55,000 PERSONAL PROPERTY OF OTHERS REPLACEMENT COST NO COVERAGE MONEY AN~ SECURITIES INSIDE THE PFtEMISES OUTSIDE THE PREMISES $ 10,000 $ 5,000 Form SS 00 02 12 06 Pr~cess Date: 08/26/08 Page004 (CONTINUED ON NEXT PAGE) Policy Expiration Date: 10/21/09 SPECTRUM POLlCY DECLARATIUNS (Continued) FQLICY f~UEVlQER: 3a SBA IHa790 Locatioi~(s), B«ilding~s), °usiness of Named Insured and Schedule of Coverages for Premises as designated by Number below. Location: 002 Building: 001 PROPERTY OPTIONAL COVERAGES APPLICABLE LIMITS OF INSURANCE TO THIS LOCATION N N ~ M 0 rn 0 r-I 0 0 rn ~ ~ x H d+ m N O 0 ~ ~ ~ s~~mc~ covgx~GEs FORM: SS 04 08 THIS FORDa INCLU'DES MANY ADDITION'AL COVE'RAC3LS ANU E~C~EN~IONS OF COVERA.GES . A SUMY~lARY Oli' THE COVERAGE LIMITS IS ATTACFIED. LIMITED FUNCI, HACTERIA OR VIRIIS COVEFtAGE : ~a~ ss ~0 93 TgIS IS THE MAX2~3i7M AMOUN~P OF II3SUR.A~NCE FOIt TSIS COVERAGE, Si3HJ.QC'~ 'I'O ALL PROPgR~Y LI~4IT3 ~'OUND ~LS~'WfiERE ON TH%S AECLAA.~ITION . INCLUDYNfY BU5IZ3ESS INCOME AND EXTRA ~XPEZ3S~ CO~RACzE FOR: $ 50,000 30 DAYS Form SS 00 02 12 06 Process Date: 08/26/08 Page 005 (CONTINUED ON NEXT PAGE) palicy Expiration Date: 10 /21 / 09 SPECTRUitll PQLICY DECLA~2ATlOt~~ (~ontinued) POLICY NUMBER: 34 SBA IH4790 PROPERTY OPTIONAL COVERAGES APPLICABLE LIMITS OF INSURANCE TO ALL LOCATIONS BU3INES3 INCOP~ AND EXTRA E}GPF,~F+3'S~ COVSRAGE COVERA(3E INCLUDES THE FOLLOWINC3 COVERA(3E EXTEN3ION3: 12 MONTHS ACTUAL LOSS SUSTAINED ACTION OF CIVIL .AUTIiC?RIR`Y: E]CT~Y~TDED BUSIL~~S irrcon~: TRANSIT - PROPER~7L IN THE C L OF CARRIER$ FOR HI~E I~ORM SS 04 30 DEDUCTIBLE: $a5o 30 DAYS 30 CONSECUTIVE DAYS $ 10,000 EQUIP~3ENT BRE7~IICDOV7N1 COV~A~~ DgDIICTIBLE: $1,000 FOR~: S~ ~4 6a CQVERAGE FOR DIR~CT E'Fi'SF3IC".Af, Y~~S DiTE TO: ~CHANICAL BR~AKDOWtd, ARTIFICIALLY GF,NER.A-TED ~TJR~T AND STEAM E}[PLOSION THIS ADDITIONAL GOV~RI~GE IiJGI.~tJ1D~~ TFiE FOLLOWING EXTFNSIONS HAZARDOUS SIIBSTANCES E7CPEDITING EXPENSES $ 50,000 $ 50,000 ~CHANICAL BREAKD04~V COVERA~~ O~,Y' APPLIE3 WEiEN BUILDIP7C~ OR BU57:~~~ PERSONAL PROPET2TY IS SEI,~:CTED 0~7 TfiE POLICY IDFNPIT7C RECOVERY COVERAG$ FORM SS 41 12 $ 15,000 Form SS 00 02 12 06 Process Date:08/26/08 Page006 (CONTINUED ON NEXT PAGE) Policy Expiration Date: 10/21/09 SPE~TRUM PI~LICY DECLAt~ATIONS {Contii~ued) POLICY ~!1l~4BER: 34 SBA Ix4790 BUSiNESS LIABtLITY LIMITS OF INSURANCE LIABILITYAND MEDlCAL EXPENSES $1, 000, 000 ~, N ~ t~ 0 rn 0 ~ 0 0 rn ~ ~ x H ~ ~ N O O ~i r-, ~ MEDICAL EXPENSES -ANY ONE PERSON $ 10, 000 PERSONAL AND ADVERTISING INJURY $1, 000, 000 UAMAGES TO PREMISES RENTED TO YOU $ 300 , 000 ANY ONE PE2EMISES AGGREGATE LIMITS PRODUCTS-COMPLETED OPERATIONS $2, 000, 000 GENERAL AGGREGATE $2 , 000, 000 EMPLOYMENT PRACTICES LIABILITY COVERAGE: FORM SS 09 01 EACH CLAIM LIMIT $ 100, 000 DEDUCTBLE - EACH CLAIM LIMIT $7,500 AGGREGATE LIMIT $ 200, 000 RETROACTIVE DATE: 10212007 This Employment Practices Liability Coverage contains claims made coverage. Except as may be otheivvise provided herein, specified coverages of this insurance are limited generally to liability for injuries for which claims are first made against the insured while the insurance is in force. Please read and review the insurance carefully and discuss the coverage with your Haitford Agent or Broker. The Limits of Insurance stated in this Declarations will be reduced, and may be completely exhausted, by the payment of "defense expense" and, in such event, The Company will not be obligated to pay any further "defense expense" or sums which the insured is or rnay become legally obligated to pay as "damages". Form SS 00 02 12 06 Process Date: 0 8/ 2 6/ 0 8 Page 007 (CONTINUED ON NEXT PAGE) Policy Expiration Date: 10/21/09 SP~CTRUM POLICY DECLARATIONS (Continued) POLICY NUMBER: 34 SBA Ix4790 _T~OSS PAYEE ' A' : ALPINE BA.N-K LOAN CENTER FQR~2 SS 12 12 400 7TH STREET SOUTH RIFLE, C0. 81650 LOAN Ni3MBER: 3760152701 PROPERR*Y: BUSINESS PERSONAL PROPERTY Form Numbers of Forms and Endorsements that apply: SS 00 01 04 93 SS 84 01 09 07 SS 04 22 07 05 SS 04 42 09 07 SS 04 47 07 05 SS 40 18 07 a5 IH 10 01 09 86 SS 09 41 07 99 SS 40 84 09 Ol SS 00 05 12 06 SS 01 33 02 08 SS 04 30 07 05 SS 04 44 07 05 SS 04 53 07 05 SS 40 65 07 05 SS 05 47 09 01 SS 09 42 07 99 SS 50 19 01 08 SS 00 07 07 05 SS 04 08 09 07 SS 04 39 07 05 SS 04 45 07 05 SS 04 80 03 00 SS 40 93 07 05 SS 38 56 08 06 SS 12 12 03 92 SS 38 25 12 07 SS 00 08 04 05 SS 04 19 07 05 SS 04 41 04 08 SS 04 46 07 05 SS 04 86 03 00 SS 41 12 12 07 SS 09 01 09 00 SS 38 68 09 07 SS 83 76 01 08 Form SS QO 02 12 06 Page 008 Process Date: 08/26/08 Policy Expiration Date: 10/21/09 y STRETCH ~U~U1~Vi~RY SUMMARY OF COVERAGE LIMITS ~ N ~ M O rn 0 r-I O 0 ~ ~ v+ x H d+ c*1 N O 0 ~ r~ ~ This is a summary of the Coverages and the Limits of Insurance provided by ihe Stretch Coverage form SS 04 08 which is included in this policy. No coverage is provided by this summary. Refer to coverage form SS 04 08 to determine the scope of your insurance protection. The Limit of Insurance for the following Additional Coverages are in addition to any oiher limit of insurance provided under this policy: Coverage Accounts Receivable - On/Off-Premises Brands and Labels Claim Expenses Computer Fraud Computers antl Media Debris Removal Employee Dishonesty (including ERISA) Fine Arts Forgery Laptop Computers - World-Wde Coverage Off Premises Utility Services - Direct Damage Outdoor Signs Pairs or Sets Personal Property of Others Property at Other Premises Salespersons' Samples Sewer and Drain Back Up Sump Ove~filow or Sump Pump Failure Temperature Change Tenant Builtling and Business Personal Property Coverage- Required by Lease Transit Property in the Care of Carriers for Hire Unautt~orized Business Card Use Valuable Papers and Records - On/Off-Premises Limit $ 25,000 Up to Business Personal Property Limit ~ 10,000 $ 5,000 $ 10,000 $ 25,000 $ 10,000 $ 10,000 ~ 10,000 $ 5,000 $ 10,000 Full Value Up to Business Personal Property Limit $ 10,000 $ 10,000 $ 1,000 Included up to Covered Property Limits $ 15,000 $ 10,000 $ 20,000 $ 10,000 $ 2,500 ~ 25,000 The Limits of Insurance for the following Coverage Extensions are a replacement of the Liinit of Insurance provided under the Standard Property Coverage Form or the Special Property Coverage Form, whichever applies to the policy: Coverage Newly Acquired or Constructed Property - 180 Days Buiiding Business Personal Property [3usiness Income and Extra Expense Outdoor Property Personal Effects Property Off-Premises Form SS 84 01 09 07 O 2007, The Hartford Limit $1,000,000 $ 500,000 $ 500,000 $ 20,000 aggregate/ $1,000 per item $ 25,000 $ 15,000 Page 1 of 2 The following changes apply only if Lusiness Income and Extra Exqense are covered under this policy. The Limits of Insurance for the foilowing Business Ir~ca~r~e and Extra Expense Coverages are in addition to ary oiher !+mit of Insurance provided under this policy: Coverage Limit Business Income Extension for Off-Premises Ufility Services $ 25,000 Business Income Extension for Web Sites $ 10,000/7 days Business Income from Dependent Properties $ 25,000 The following Limit of Insurance for the following Business Income Coverage is a replacement of the Limit of Insurance provided under the Standard Property Coverage Form or the Special Property Coverage Form, whichever applies to the policy: Coverage Extended Business Income Limit 60 Days The following changes apply to Loss Payment Conditions: Coverage Valuation Changes Commodity Stock "Finished Stock" Mercantile Stock - Sold Limit ~ncluded Included Included Page 2 of 2 FQrm SS 84 01 09 07 ~4/QRK~RS COMPENSATlON INFORMATION PAGE TRiJCK INSURP_NCE EXCHANGE ^ Assig~ed Risk 1 8244 (An Inter-Insurance Exohange hereinafter Somefimes Referred To As Company) Members cf the Farmers Insurance Group of Companies Home Office: 4680 Wilshire Blvd., Los Angeles. California 90010 2009 C5132501 PAGE 1 OF 1 1. Named • Insured • Mailing • Address • PEAK PERFORMANCE COPIER & SUPPLY INC PO BOX 1968 SILVERTHORNE CO 804981968 Legal Entity: ^ Individual ^ Partnership ~ Corporation ^ Other Policy Year COLO SPR R.O. Issuing Office 877-411-4249 Issuing Office Telephone Number 07-28-389 Agent No Identification No. ON FILE Federal Identification No. C0409-16-38 00 Policy No. of Co.. enewa o oicy o. CZ73107 050730190 Risk Identification No. 426435004001 Unemployment Account No. Federal Identification No. 135 W 11TH STREET Otherworkplaces not shown above: SILVERTHORNE CO 80498 2. Policy Period: From 06i01 i09 to 06i01 i1 0 12:01 a.m. Standard Time atthe insured's mailing address. 3. A. Workers Compensation Insurance: Part One of this policy applies to the Workers Compensation Law of the states listed here: CO B. Employers Liability Insurance: Part Two of the policy applies to work in each state listed in item 3A. The limits of liahility under Part Two are: godily Injury hy Accident $ 500, 000 each accident Bodily Injury hy Disease $ 500 , 000 each employee Bodily Injury hy Disease $ 500, 000 policy limit ~ Other States Insurance. Part Three of the policy applies to the states, if any, listed here: °All states except No. Dakota. Ohio, Washington, West Virginia. Wyoming, states designated in item 3A of the Information Page and 4. The premium for this policy wiil be determined by our Manuals of Rules, Classifications, Rates and Rating Plans. The information required below is subject to verifiication and change hy audit. $ 0. 00 Total Deposit Premium $ SEE INVOICE Cash Received $ SEE INVOICE Other Credits $ SEE INVOICE BALANCEDUE Classification of Operations Code ~Vo. Premium Basis Rates Estimated Estimated Per $100 Annual Total Annual of Remu- Premium Remuneration neration SEE CLASSIFICATION OF OPERATIONS SCHEDULE THIS IS NOT N INVOICE Minimum Premium $ 406.00 This policy includes these endorsements and schedules: E5203-ED3 WC050402 90-0719 WCOOOOOOA 25-2646 WC000414 WC000603 25-8016 WC050403 E5022B E5153-ED5 E5112-ED2 25-2593 56-5285ED4 WC000422A E5187-ED3 WC000421C 25-3037 2,515.00 280.00 Total Estimated Annual Premium $ Expense Constant $ If indicated, interim adjustments of premium shall 6e made: ^ Monthly Countersigned F A Ii M E R S , ~„, Authorized Representative ~^~~° ~°~°~~ (WC 00 00 01 A ED. 5-SBI 56-5132 5th EDITION 8-00 Includes material of National Council on Compensation Insurance. Copyright 19B7, used with its permission. Agent: TODD KIRSCH INS AGCY dnant Phnna• Zf1Z-207-7R77 TERM SHEET 1) Requested hearin~ date: (First choice) N/A (Second choice) 2) For Countv Mana~er sig nature: Yes 3) Requestin~ department: HHS/Economic Services 4) Title: Agreement between Eagle County and Peak Performance Imaging Solutions to provide off-site scanning services of all existing Child Support Services case files through subcontractor, Eternal Documents LLC 5) Check one: Consent: X On the Record: 6) Staff submittin~: Kathleen M. Lyons, x8841 7) Purpose: Eagle County Child Support Services will begin its conversion to paperless case ~les utilizing Laserfiche in September 2009. This program has approximately 750 existing case files that need to be scanned into Laserfiche as part of the conversion. Peak Performance Imaging Solutions through its subcontractor, Eternal Documents LLC, will provide off-site scanning services for these Child Support Services case files. 8) Schedule: Project will begin September 14, 2009 or such subsequent date as the contract has been fully executed and continue for approximately 10 weeks but no later than December 31, 2009. 9) Financial considerations: The contract is for a total amount of $22,000 and has been budgeted in the Child Support Services program budget at 1110-540-6595. The Electronic Data Management conversion project was budgeted at $25,000. This contract and other expenses related to the project will utilize the full $25,000 that was budgeted. The contract is less than $25,000 so the competitive bid process does not apply. This is a vendor who works with the County on a regular basis and has the expertise to complete the scope of work. 9) Other: C~~ ~~ ~ 'r~~~,C.~ ~ RECEIVED APPROVED AS TO FORM 8 B` -~`~ SEP 2~~y ~ ~agle ~ounty .4ttorney's Office EAGLE COUNTY Al~'ORNrt' B~'--- tag~E County Commissioners' Office ~'~ ~~~ - , ~~~~ n~ ~ l /~ `, ,~ ~~-~~"~ , ~ ~v ~