HomeMy WebLinkAboutC10-016 Compliance Alliance Agreement
AGREEMENT BETWEEN
THE EAGLE COUNTY REGIONAL AIRPORT CORPORATION
AND COMPLIANCE ALLIANCE
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THIS AGREEMENT ("Agreement"), dated this ~'~ day of -_~'Nl/~~~=i' 2010, between
Eagle County ("County") and Compliance Alliance, a Colorado corporation with its principal
place of business at 7400 West 14`" Avenue, Suite 10, Lakewood, Colorado, 80214
("Contractor").
WITNESSETH:
WHEREAS, the Omnibus Transportation Employee Testing Act of 1991 requires drug and
alcohol testing of safety-sensitive transportation employees in aviation and other transportation
industries; and
WHEREAS, County is an employer of safety-sensitive transportation employees and is
therefore must comply with 49 CFR Part 40 and other applicable U.S. Department of
Transportation (DOT) regulations, including drug and alcohol testing of those employees; and
WHEREAS, County desires to engage someone to conduct drug and alcohol sample collection
and testing services conforming to the DOT regulations; and
WHEREAS, Contractor is authorized to do business in the State of Colorado, has experience
and expertise in providing drug and alcohol sample collection and testing services conforming to
DOT regulations and wishes to provide said services to County; and
WHEREAS, County and Contractor intend by this Agreement to set forth the scope of the
responsibilities of Contractor in connection with the Services to be provided and related terms
and conditions to govern the relationship between Contractor and County in connection with this
Agreement.
NOW, THEREFORE, in consideration of the foregoing premises and the following promises,
County and Contractor agree as follows:
1. SCOPE OF WORK: Contractor will perform each of the following services, will
collectively be referred to as the "Work:"
A. Contractor will provide drug and alcohol testing of certain Eagle County safety-
sensitive employees in accordance with DOT regulations and standards as follows:
a. Pre-employment screening;
b. Random screening;
c. Post accident screening;
d. Upon notice the County has reasonable suspicion of drug or alcohol use;
e. Return to duty screening; and
£ Follow-up screening, where necessary.
B. Drug screening collections will be performed on-site or off-site by a Certified
Professional Collector employed by Contractor.
0-~01(~
C. Alcohol testing will be performed on-site or off-site by a Certified Breach
Alcohol Technician employed by Contractor.
D. Specimens will be sent to Substance Abuse and Mental Health Services
Administration (SAMHSA) certified laboratories.
E. Contractor will employ Qualified Medical Review Officers to review laboratory
results.
F. Contractor will timely report all results to the County Designated Employer
Representative ("DER") by phone or by facsimile.
G. All other relevant paperwork will be sent to County in a timely manner.
H. Contractor will provide to County annual reports.
I. Contractor will make referrals to sites not serviced by its Lakewood office, where
necessary.
J. Contractor will work with Department of Transportation auditors, where
appropriate and needed.
K. Contractor will assist County with preparation of required Department of
Transportation Management Information System (MIS) Reporting.
L. Contractor will maintain randomizer records and provide quarterly random
generalization in compliance with County requirements.
M. Contractor will provide supervisor training for County management personnel.
N. Contractor will provide educational materials as required by Department of
Transportation or other federal, state or County Regulations.
2. COUNTY RESPONSIBILITIES
A. County will establish adrug/alcohol policy for the Eagle County Regional Airport
and provide a copy to Contractor.
B. County will provide Contractor with an updated employee list within thirty (30)
days of the first month of each quarter.
C. County will notify Contractor whenever changes in Airport personnel who are
subject to drug and alcohol testing are made.
D. County will provide a collection area for on-site collections.
E. County will send supervisors to appropriate training.
3. CONTRACTOR'S REPRESENTATIONS:
A. Contractor has familiarized itself with the nature and extent of the contract
documents, Work, locality, and with all local conditions, and federal, state, and local laws,
ordinances, rules, permits and regulations that in any manner may affect cost, progress, or
performance of the Work.
4. CONTRACT TERM
A. The term of this Agreement shall be twelve (12) months, beginning on January 1,
2010, and ending on December 31, 2010.
5. CONTRACT PRICE
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A. County shall pay Contractor a fee of one hundred five dollars ($105) per year, per
employee covered by federal testing regulations, or a total of one thousand seven hundred eighty
five dollars ($1,785) for this 2010 contract term. This fee will cover all of the Work provided
and listed in this Agreement, including actual laboratory testing fees for random tests, reasonable
suspicion, for-cause, follow-up and return-to-duty urinalysis tests.
B. Payment for the Work shall be made on an annual basis and shall be delivered to
Compliance Alliance within thirty (30) days of execution of this Agreement, but in no case later
than January 8, 2010.
C. Notwithstanding anything to the contrary that may be contained in this
Agreement, County shall have no obligations under this Agreement after, nor shall any payments
be made to Consultant in respect of any period after December 31, 2010 without an appropriation
therefore 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. INDEMNIFICATION:
The Contractor shall, to the fullest extent permitted by law, indemnify and hold harmless Eagle
County, County and any of their officers, agents and employees against any losses, claims,
damages or liabilities for which County or any of its officers, agents, or .employees 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
hereunder; and Contractor shall reimburse County for any and all legal and other expenses
incurred by County in connection with investigating or defending any such loss, claim, damage,
liability or action.
7. ENFORCEMENT REMEDIES:
A. County and Contractor agree that this Agreement may be enforced for specific
performance, injunctive, or other appropriate relief, including damages, as may be available
according to the laws and statutes of the State of Colorado. It is specifically understood that by
executing this Agreement, both County and the Contractor commit themselves to perform
pursuant to these terms contained herein. In the event that an action is brought to enforce this
Agreement, the prevailing party shall be entitled for the recovery of its costs and fees, including
reasonable attorney's fees.
8. MISCELLANEOUS:
A. This Agreement shall be governed and construed in accordance with the laws of
Colorado. Venue for any action arising out of any dispute pertaining to this Agreement shall be
in the State of Colorado District Court in and for Eagle County, Colorado.
B. This Agreement, and the rights and obligations created hereby, shall be binding
upon and inure to the benefit of County and Contractor and their respective successors or
assigns. Nothing herein expressed or implied is intended or should be construed to confer or
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give to any person or entity other than County or Contractor and their respective successors and
assigns, any right, remedy or claim under or by reason hereof or by reason of any covenant or
condition herein contained.
C. If any portion of this Agreement is held invalid or unenforceable for any reason
by a court of competent jurisdiction, such portion shall be deemed severable and its invalidity or
its unenforceability shall not affect the remaining provisions; such remaining provision shall be
fully severable and this Agreement shall be construed and enforced as if such invalid provision
had never been inserted into this Agreement.
D. This Agreement may be amended, modified, changed, or terminated in whole or
in part only by written agreement duly authorized and executed by both County and Contractor.
This Agreement represents the full and complete understanding of County and Contractor and
supersedes any prior agreements, discussions, negotiations, representations or understandings of
County and Contractor with respect to the subject matter contained herein.
E. The parties hereto agree that neither has made or authorized any agreement with
respect to the subject matter of this instrument other than expressly set forth herein, and no oral
representation, promise, or consideration different from the terms herein contained shall be
binding on either party, or its agents or employees hereto.
F. All of the covenants herein contained shall be binding upon and inure to the
benefits of the parties hereto, their respective successors and assigns.
G. Either party may terminate this Agreement, in whole or in part, for any reason, at
any time, with or without cause, upon providing ten (10) days notice to Contractor. Upon such
termination, County shall be liable for Work satisfactorily completed prior to the notice only, and
the full amount paid by County shall be prorated by month, with the remaining balance being
forthwith returned to County.
9. INSURANCE
At all times during the term of this Agreement, Contractor shall maintain commercial general
liability insurance in the minimum amount of one hundred fifty thousand dollars ($150,000) per
injury and the minimum aggregate amount of six hundred thousand dollars ($600,000).
Contractor will also carry Worker's Compensation insurance as required by Colorado law.
10. NOTICE AND DESIGNATED EMPLOYER REPRESENTATIVE
A. Any notice and all communications required under this Agreement shall be given in
writing by personal delivery or mail to the appropriate party at the following addresses:
County:
Ovid Seifers
Eagle County Regional Airport Director
P.O. Box 850
Eagle, Colorado 81631
Contractor:
Treva A. Bridj ette
President and CEO
Compliance Alliance
7400 West 14t" Ave., Suite 10
Lakewood, Colorado 80214
Or physical:
219 Eldon Wilson Drive
Gypsum, Colorado 81637
Notices shall be deemed given on the date of delivery or three days after the postmarked date of
deposit, first class postage prepaid, in an official depositary of the U.S. Postal Service.
B. County's Designated Employer Representative ("DER") to receive positive and negative
drug test results and to enroll new employees and delete terminated employees shall be:
Ovid Seifers
Eagle County Regional Airport Director
P.O. BOX 850
Eagle, Colorado 81631
Phone: (970) 328-2680
Fax: (970) 328-2687
And County's alternate DER shall be
Kathy Lawn
Eagle County Regional Airport Administrative Manager
P.O. BOX 850
Eagle, Colorado 81631
Phone: (970) 328-2682
Fax: (970) 328-2687
11. PROVISION MANDATED BY HOUSE BILL 1343: 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, Contractor 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 employ or 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. g_ov/xprevprot/~ o~rams/gc_1185221678150. 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.
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 County within three 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 days of
receiving the notice required pursuant to subparagraph (i) of the 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 comply with any reasonable request by the Department of
Labor and Employment made in the course of an investigation that the department
is undertaking pursuant to its authority established in C.R.S. § 8-17.5-102(5).
F. If a Contractor violates these prohibitions, 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.
12. SOLE SOURCE 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
equal 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 XXVIII of the Colorado Constitution.
E. These provisions shall not apply to the extent they have been enjoined or
invalidated by a court of competent jurisdiction.
F. 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.
11 Signature page to follow //
IN WITNESS WHEREOF, County and CONTRACTOR have executed this Agreement on the
day and year fast written above.
COUNTY OF EAGLE, STATE OF
COLORADO, by and through its County
Manager
~;
BYE =~-~ %~r
Keith Montag, County Man. er
COMPLIANCE ALLIANC)+
BY:~L~~! ~~
Treva A. Bridjette, Presid t and CEO
STATE OF r )
n } SS.
COUNTY OF 1 l~U2J' )
The foregoing instrument was acknowledged before me by
of ~.r-u,~ru , 2010.
!MY COMMISSION EXPIRES 03f2112011
M commission exp' es:
Public
S(~/~u..ln 1a-c~a~ this day
