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HomeMy WebLinkAboutC14-266 Citadel Security and Investigations LLC t; E NWN` ' BETATEN EAGLE COUNTY M (1TA EL SECURITY. AND INVESTIGATIONS I.I.0 IC: I FOR ON CALL SERVICES THIS ACR ENI.LNT is rack: this daa of ..., Juts ._. _.. 01 kk and between t g Ci ninty s"t"4 Jn \. 1, and Citadel tiecurity and Investigations. LI C i t,O t ae o3"t. a -omp*a y organized and existing by s irtue '!. the larks of the State of .oloratdo and eaoh F ptia°acrllul place of business cn l001 1 ! fit,, Rifle.CO 810 50, Whi R E•A , tAitantr cte ires to obtain tin- ,all security and supervision scr 'ie s for the 1.a k County Sheriff's Office(-Sheriff's Office"): and WHEREAS, Contractor is authorized to do business as the state of Colorado. has experience and expertise necessary to provide said services to County; and $IIERE S County and Contractor intend y this Agreement to set forth the scope of the responsibilities of t.'ontt c;tor in connection with the Services and related terms and conditions to govern the relationship :,theta Contractor tind County in cortnectirin with this AitieerniMr. NOW. THEREFORE, in considerattim of the foregoing prc:int s and the follosving promises. County and Contractor tractor a ree as follows: ARTICLE I - SERVICES 1.1 At the request of the Sheriff's (Viitte, t:'ontructnr will use its expertise, skill and its Own errt lcu =c:s to provide on-call security and supers ision scry ices to the Eagle County' Sheriff's Office (-Services-1, Such supers ision services may include: the monitoring and supervision of inmates during medical visits or hospital stays away from the Detention ttion Center, the securing and monitoring of came scene:,. and other reasonable requests for supervision from the Sh °ril r s Office. the Sere ices will include alerting law enforcement personnel regarding any inappropriate conduct or out-of-the-ordinary sittrrtticrrrst maintaining open communication with Sheriffs Office staff aho€at the supers isiarn and immediately following the directions ot'any uniformed laNN enforcement persinnn :l in an enacngeney or urgent situation. 3.2 When requested, Contractor will provide one l t armed security:. officer �: �.r tc .rlbrm the Services, The amount o f security officers provided may be increa.sed by agreement of the parties. The security officer will be properly° trained and licensed to accomplish the Sendd res. contractor will pros hie ("minty i a list o.�h 1 �t t with �r lrwt c t a� rovccl security officers NOM may be used for the Sews ia:..es during the term of this Agreement and will notify County at its earliest convenience of any changes- the County shall have the right to disapprove any proposed personnel and prior to commencement of or during the provision of any Services under this Agreement 13 hi connection vvith the Service , Contractor's security officers Will coordinate with the hindendieriff.or his designee, t rr all operational matters, of 4,--'Iftt 1,4 At all times ssiiile t ti dots and p rt:?r ine, the Services under this gr'' ent. Contractor's cctrrit!, officer will he clothed in a uniform distinguishing him or her as see ttrit officer', ,5 If Contractor g uses aatts equipment *in ned b the count), t'csrttraeloi shall he responsible lit maintaining, such equipment in good vs orking order, ARITCLE 2-COUNTY'S REI}RESENTATIVE 11 1 he Sers ices to be itiertOrmed are under the authority of he Eagle Count:i Sheriff's tft3 c'c. I'he I„ndersherilt, or his designee, shall he Contractor's contact with reject to this Agreement, ARTICLE 3 - TERM Of AGREEMENT 4.1 This Agreement shall commence upon execution cif` this Agreement b,ti, both parties, and shall oar/tit-me in stall force and effect until /keen/her Six 2014 or unless earlier terminated by either ply, subject to the provisions of Article 11 hereof This Agreement ss°ill automatically reness annual!). up to an additional three 1 f s cans.. Compensation hereunder may°' e renegotiated by the parties s upon each succe si%e renewal, ARTICLE 4-COMPENSATION 4,1 For the Services to be provided hereunder. County will pay Contractor at the rate rah $26.00 per hour, per authorized security officer on duty, the maximum amount of compensation under this Agreement shall not exceed twenty laic thousand dollars 25.tt 0B0 per ear without a signed amendment to the Agreement. 4.2 Fees for Seri ices satisfactorily performed ss ill be paid within thirty (30) days of receipt of a proper and accurate ins nice from Contractor- respecting the services, I be insOi;:. shall include a description of sers ices performed, 1 } gin request. Contractor shall provide C curb with such other supporting infix rm ttion as County may request, 4.,1 .counts ss-ilI not w itlrhold any taxes from ninnies aid to the Contractor hereunder and Contractor agrees to 11,C solely responsible for the accurate reporting and pax m m of any t as;cs related to payments made pursuant to the terms of this Agreement, 4,4 Notsvitlistanding an>thing to the contrary contained in this Agreement. no charges shall he made t } the Comity nor shall any Nyment be made to the Contractor in esc ss of the amorrrrl for any Services done ssithnut the ss'rittc:n approval in accordance with budget adopted by the Hoard in accordance with pros isions of the Colorado Revised Statutes, Moreover. the parties agree that the County is a governmental entity and thin all obligations beyond the current fiscal year are subject to funds being budgeted and appropriated. ARTICLE — CC)'NTtAtt;` °+l R°S REPRESENTATIONS ENTATIONS In order to induce County to grater into this Agreement.ent. C ntractor maa c a the following re pry:seta t at a a ns 7 :1 Contractor a+ for hra. taamilaaari eel ww ith the nature and extent of the Ctrattraaet Documents,nts, er mats., le-4aal.tw_ and with all local coti ltiOns, and federal, state, and local laws. r ralata>at'te:es, rules regulations that in any manner affect cost, progress, or performance of the Seri,ices. -" .oartrtr will make, or cause to be made, examinations, investigations, and te:5ts. S he deems nixtess r) ld'tr the performance of the Services, in accordance wwtI other tert'ns and conditions of the Contraet )k aaatta tats 5,4 lw the extent possible. Contractor has correlated die results of all such observations, examinations, investigations. tests, reports, end. data with the terms and conditions of this Agreement, To the extent possible Contractor, has given County written notice of all conflicts. errors, or discrepancies that he has discovered in the Agreement. ,6 Contractor ae nowwledgcs that it ww ill to acting as an independent contractor for Comity Contractor warrants that it will advise its employees, agents and officers that they ww ill not he deemed employees of Eagle County fit"any purpose, Contractor will be responsible or prok is 0n of the Services and shall pertlrm the Services in a skillful, prt:itesiaal and competent manner and in accordance with the standard of care, skit/ and diligence applicable to security service companies. l urther, in rendering, the erwrccs, Contractor shall c mply with the highest standards kit' custard service to the public Contractor shall provide appropriate supervision of its employees to ensure the Sery ices arc ertl:?rmed in accordance with this Agreement. 'ICI S: 6— ENTIRE AC REPO E 'I.:` ti,l 1'his Agreement represents the entire Agreement between the panics hereto, 1"here are no Contract DoCUMOUN other than this Agreement, The Agreement may only be altered,amended, or repealed led n writing, .ARTICLE ' -MISCELEANEOES 7,1 No assignment nment w a party hereto of any rights tinder. or inwterests in the Agreement will be binding on another party hereto without the written consent of the party sought to law dunele and specifically, but without lirnitaation. moneys that rata ' become date and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction fluty limited in., law). and unless specifically stated to the • contrary in any written consent to an assignment, no assignment will release or discharge the ussi'tTmmr° from any duty or responsibility under"the A. eentertt, 2 t o my and Contractor each binds itse"a1, its partners, successors,ors, a sighs and legal representatives to the other party hereto. in respect to all CIA-enantn, agreements, and o 1,,eatrons contained in this Agreement, x Prot,Gaon iandat d C.R.S. -17.S-t 01 t f0C.1, P1O1 11 1'I IONS ( \ Pl.:'ll1.NlC` CON"1 R. (.;'1 FOR SERVICES 7,3,1 As used in this Section 7, the term undocumented individual will refer to those irz li Winds from foreign countries not legally s° witlii the I.`rite t States as set forth its ,S, l 7.5-10'1„ et" seq. If Consultant has any employees or subcontractors, Consultant shall cont ply with ;.",R,S 8-17,5-101, en sett,. and this Agreement. By execution of this Agreement, Consultant nt cert.ifies that it does not knowingly.l employ or eraratraa°t with an undocumented indi\idual who will :er1iarmrt under this Agreement 6and that Consultant" ui11 participate in the 1._#ser"if y Program or other Department oil,:rbcrr and 1'L111p1o).ment program (-Department Program ') in order to confirm the eligibility of°all employees %Nito are newly hired for employment to perform SetAiceS under this Agreement. 7,3,2 Contractor shrill not, tit Knowingly em to ° or contract with an undocumented individual alien to perform work under this contract for services: or tii l 1 rater into a contract with a subcontractor actor t eat fails to certify to the Contractor for th t the subcontractor shall not knowingly employ or contract with an undocumented individual to p rh rrn work under the publie contract for services 7.3,, Contractor has confirmed the employment eligibility of all employees who are newly hired for employment to perform. work under this Contract, through participation its the L-verify Program or Department Program, as administered by the United States Department of Homeland Sceurity, Information on apply ing for the i verily" program can be and at: /. .1!"!.1 7.3,4 'the Contractor skill not use either the L-verify" program or other Department Program procedures to undertake pre-employment screening of j o p lic nts while the public contract for SVEN kes is being perfiarmed,. 7,3.5 If the Contractor obtains actual .nowled e that a subcontractor perf in work under the public ontra t liar sera i es know"in h employs or contracts with an undocumented individual,the Contractor shall be required to, 4 tip Notify the subcontractor Lrat l the County N"ithin three days that the Contractor has actual knr N 'lcd°c that the subcontractor is employinu or eootractina with art undocumented ente individual;and till 'terminate the subcontract ntract r 'ith the subcontractor if Nkithin three d,:*s, of r4'. #i.it_." Ilt notice "required pursuant to 'u p aruf ra h t i of the paragraph h (£ t the l co tractor does not stop employ. ing .r.. contracting with the undocumented individual: except that the t.trrttraae;toa shall not terminate the contract vtitb the subcontractor it during such three daces tltt: sub ontractor provides information to establish that the subcontractor has not krarivingly cttaplo ci3 or contracted with an undocumented individual, 7.3.0 he Contractor shall comply with any reasonable request by tine Department of 1.ahnr and Employment mask in the course of an investigation that the department is undertta .irar pursuant to its authority established CA,S„ -I 7,5 10 2(5 7_3.7 If a Contractor violates these prohibitions. the County may terminate the contract for a breach (if the contract, lit e contract is so terminated specifically for a breach of this provision of this t:'ontr ct., the Contractor shall be liable for actual and consequential damages to the(Touray as required by lair,", 1 he County will notify the °trice of the col r . SecreUiry ot.,State if Contractor violates this .rosisia n tit this Contract and the County terminates the Contract for such breach, . ,l]ORNEY'S IT ES, In the event of litigation between the parties hereto regarding the interpretation of this Agreement, or the obligations, duties or rights of the artie.s hereunder, or if suit otherwise is brought to recover damages for breach of this Agreement_ or an action be brought for injunction or specitie performance, then and in such aiVent S. the prevailing party shall recover all reasonable Carst, incurred Faith regard to such litigation. inch dtn reasonable attorney's fees„ 7,5 invalidity or unenforixabilUy of"aft.e ruxision of this Agreement shall not affect the other provisions hereof,and this Agreement shall be construed as if such itt alit or unenforceable punk isiun was omitted, , ARTICLE: 8 - 31 St)JC1 ION AN1) S'ENUE 8.1 Ibis Agreement shall he interpreted in accordance ssith the laa Ns of the State of Colorado and the parties s hereh agree to submit to the jurisdiction of tlx: courts thereof, Venue shall be in the Filth Judicial District for the State of Colorado, 5 icrtc Lu: 9- INDE,)1N1 HrATION 0, 1 i Contractor shall, to the tallest extent permitted by law, indemnify and hold harmless County and riny. ul itS.Otritsers:. iVeriLS and employ. ecs against ioSses, claims, darnage or liabilities for tt 11101 County or any of its offiCers. ageillS. or employee's tria.y stillieet to, inS0far V4 h losses, claims, danktges Or liabilities arise out or, directly or indirectly, this Agreement or arc based upon um performance or nonperformance by Contractor hereunder: and Contractor had reimburse County tOr any and all legal and. other expenses incurred by f'kiunty n COMICetion -With imestigating or defending any such itno, claim, damage, liability or action. lIns indeniniticanon shalt not apply to claims hy third parties against the County to the extent that the County is liable to such third party for such claim tiiithotit regard to the inyolvement of the Connactor, ARTICLE 10 - IINNINERSHIP OF DOCUMENTS AND EQUIPMENT 0,1 All tiocurnents (including electronic files) which are obtained during or prepared in the performance of the Sen ices shall rentam the property of the County and an to he delivered to County before final payment o made to Contractor or upon curlier tenrrinatitM of this Agreement, ARTICLE II,-°tERMINATICIN 11,1 Either party May terminate this Agreement. in t,,y hole or in part, for any reason, at arty time, with or without cause Any such termination shall he effected by delivery to the other Party of a written notice of termination specifying the reason and date upon saich termination becomes effective, Upon termination, Contractor shall deliver all Editiptricnt and Any other material supplied to Contractor by courlp2, as %tell as any documents belonging to County. In such event, Contractor shall be compensated for all Sell tees satisfactorily completed up to the date of terittinatiori for such Services. ARTICLE 12 - NOTICE 12,1 Any notice required under this Agreement shall be personally delittered, mailed hi the 1.alitd Stues mail, first class postage prepaid. or SCIii Via faCi,attlik pros hied art original is al,to promptly delivered to the appropriate pally at the following addresses: rhe County. Eagle County Sheriff's Office e Ol-ridersheriff Mike cWilliam P.O. Box 359 Eagle, Colorado 81631 (970) 328-85bn (p) (97fii I) arid a cop:, to Eagle County Attorney P.O. Box 850 6 Lag le, Colorado 13 0-717•10 3238- tiq } I he rac t or:: Justin i i lc Citadel Security and Investigations 100 L. I I�. CO l 81650 t 8771(00.-43-01 l r r97(tt 625,8333 (ft 112 Notices shall be deemed given on the date of deliver': on the date a fax is transmitted and confirmed recei "ed or, if transmitted alter normal business l ours. iira the next business after tra sinis i n, provided that a paper copy is mailed the same date: or three a)s after the date of deposit, first class postage prepaid* in tin official de )sitar of the 1.i. , Postal Service ARTICLE. 13 - INDE ENDENT .0 NI:BAC TOR I 3,1 It is expressly acknowledged and understood by the panics hereto that rtcithin contained in this \ ree teitt shall result gin. or he co usti°tted as establishing. an employment relationship between Count), and Contractor or County and Contractor's emplo ees_ Contractor an its employees shall be. and shall perform as, independent contractors. No officer. agent, subcontractor* employee,or servant of Contractor shall lie, m he deemed to be, the em losce. agent or servant of Count), Contractor shall be sol hh and entirel% responsible for the means and methods to carry out the Services under this Agreement and For Contractor's acts and for the acts of its officers. agents. employees, and servants during the performance of this agreement* Neither Contractor nor its officers. agents, subcontractors* employees or Stavarits may represent. act, purport to act or he deemed the agent, representative,tive, m loyee or servant oftC;ount . `1CLE. 14 -INSURANCE REOL IREi4 EST' 14.1 At all times during the term of this Agreement. Contractor shall maintain insurance on its own behalf in the followiia rtailii ataatt amounts: Workmen' s Compensation*disability benetits, and other similar employee benefit acts with coverage and in amounts as required hy the laws of the State of Colorado; Comprehensive Automobile Insurance shall he carried in the amount of 1.000.0U0 for hodib injury and 81,000,4100 tl r property damage,each occ.rnenee. Eagle Count,!.. its Ntihsidiary. parent.associated and or atidlated entities. successors, or assigns, its elected oft lal , erttplia ecs.agents and volunteers shall he named as additional insureds. Commercial t:ie.nc al liability and Professional l Liability. This policy shall include 7 hr dit injttt'v. pio twrt%° darnage and I rotes onal herb:lit t%cr.t ;c. Die poli N "4rtl he endorsed.to include t ii t tas[cr key cots ernee: 1 ill ctn ars e for" care- LNt&J\ .;ontrol:a t.it iruliet`.:s i t tithe : i ri i ce netage for openition o f muhik e luitiiticat if required as part iii ari y c ctia or Senn:es io prt vied, ,iii the policy' hall he endorsed ni include the nolinwing additl .tul msured language: ' °a tle 1 straits,, its subsidiary, patent, associated iarted and" or rutiliated entities, str cess:+r'.n. rtt itssie'is, ii° elected ntt€Ciiils, titistee .ci1tpltt,,VCS,agents.and k.ftluntects shah he names as ihtrlttiunal insureds moth rt:s eel to lia li ii> arising out ul the activities performed In, or ail 11C11,111 itt the ( i"trii ra'iot':" Such co%crage shall he maintained in the tillIovi mg minimum ktrnoiints CI,Vne il x' 'gret; to 1., t{iti,tt }o 1 r"odutatt,' Complete,'t)perattuias Aggregate: S2 000.000 1.ach to)ecrirrtttee Limit: I, (JO 0.110tI 1't:rNutiiii,l'' Ad%'ertisttt : Injury 1, 1 itttt,t itti 1 1 nib:cilia I,lubillt per oceormrice and in the aggregate , 000,t100, IN WI I` 1"S "1 I1'RFOF, the panics hereto ta,se executer! this Agre,ernent the ti % and. :sear first iii)tli"k e 1,8,"ritiers citt .I... or°' thti(it.L. 51AT ()I. C t)1,01Z AI? "), 1 arid yi'brou �h I ts Ct it_•N�1 i� \'JANA(11:1,1 1I).' i Keith 1t, Montag. Count!, 111 ager (1 1 I)1,1_ S1°ct.,=RI IA INV I'IS 1(„i„ATIONS 4 (7 I % "1it]c.mt . I 8