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Home My WebLink AboutECAT14-003 Vision Security Agreement AGREEMENT FOR SERVICES BETWEEN EAGLE COUNTY AIR TERMINAL CORPORATION AND VISION SECURITY,LLC THIS AGREEMENT("Agreement")is effective as of the i144-day of) ,2014 by and between Vision Security,LLC,a Colorado limited liability company(hereinafter"Contractor")and Eagle County Air Terminal Corporation,a Colorado non-profit corporation(hereinafter"ECAT"). RECITALS WHEREAS,ECAT desires to have the intercom system in the Airport Passenger Terminal Building located at 217 Eldon Wilson Road,Gypsum,Colorado(the"Property") tested and repaired so that passengers can better understand broadcasts(the"Project");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 I hereof;and WHEREAS,this Agreement shall govern the relationship between Contractor and ECAT in connection with the Services. AGREEMENT NOW,THEREFORE,in consideration of the foregoing and the following promises Contractor and ECAT 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 60 days from the date this Agreement is executed. By signing below Contractor represents that it has the expertise and personnel necessary to properly and timely perform the Services. b. In the event of any conflict or inconsistency between the terms and conditions set forth in Exhibit A and the terms and conditions set forth in this Agreement,the terms and conditions set forth in this Agreement shall prevail. 2. ECAT's Representative. ECAT'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 I 1 hereof,shall continue in full force and effect through the completion of the Services. 4. Extension or Modification. 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 ECAT for such additional services in accordance with ECAT's internal policies. Accordingly,no course of conduct or dealings between the parties,nor Dl'7) v=erbal change orders,express or implied acceptance of alterations or additions to the Services,and no claim that ECAT 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 ECAT 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. ECAT shall compensate Contractor for the performunee of the Services in a sum computed. and payable as set forth in Exhibit A. The performance of the Services under this Agreement shall nut exceed eight. hundred twenty five dollars and no cents(S825.00)without a signed amendment to this Agreement, Contractor shall submit a time and materials invoice upon project completion listing actual expenses incurred,but in no ease shall compensation under this Agreement exceed the amount set forth herein. Contractor shall not he entitled to hill at overtime and/or double time rates for work done outside of normal business hours unless specifically authorized in writing by ECAT a. Payment will be made for Services satisfactorily performed within thirty On days of receipt of a proper and accurate invoice from Contractor. All invokes shall include detail regarding the hours spent,tasks performed,who performed each task and such other detail as ECAT may request. b. If,at any time during the term or after termination or expiration of this Agreement, I;CAT reasonably determines that any payment made by ECAT tip 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 CC'AT,Contractor shall forthwith return such paymends)w ECAT. Upon termination or expiration of this Agreements unexpended funds advanced by iCAT if any,shall forthwith be returned to ECAT. • c, /C'A l will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to he solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. Subcontractors, Contractor acknowledges that ECAT 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 EC'A'it"s prior written consent, which may he withheld in ECAT's sole discretion. ECAT shall have the right in its reasunuble discretion to approve all personnel assigned to the subject Project during the performance of this,Agreement and no personnel to whom ECAT has an objection,in its reasonable discretion.shall he assigned to the Project. Contractor shall require each subcontractor, as approved by ECAT and to the extent of the Services to be performed by the subcontractor,to he hound to Contractor by the terms adds Agreement,and to assume toward Contractor all the obligations and responsibilities which Contractor,by this Agreement,assumes toward SCAT.SCAT 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 he responsible for the acts and omissions of its agents,employees and subcontractors, 7. Insurance. Contractor agrees to provide andtnaintain 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. Workers'Compensation insurance as required by law, 2 FC;'iT Gei er,l Servici Final I/14 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, Commercial General i.iability 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. the automobile and commercial general liability coverage shall be endorsed to include ECAT,its associated or affiliated entities, its successors and assigns.elected officials, employees,agents and volunteers as additional insureds A certificate of insurance consistent with the foregoing requirements is attached hereto as Exhibit B. Contractor's certificates of insurance"shall include subcontractors.ifanv as additional insureds under its policies or Contractor shall furnish to ECAT separate certificates and endorsements t©r each subcontractor. iii" The insurance provisions of this Agreement shall survive expiration or termination hereof, it iv. The parties hereto understand and agree that SCAT 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 SCAT,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, he Contractor is obligated to pay all federal and stale income tax on any moneys paid pursuant to this Agreement. 8. indemnification. "1 he Contractor shall indemnify and hold harmless TCA`l',and any of its officers,agents and employees against any losses,claims,damages or liabilities for which SCAT may become subject to insofar as any such losses,clairrr5,damages or liabilities arise out of directly or indirectly,this Agreement,or arc based upon any performance or nonperformance by Contractor or any of its subcontractors hereunder:and Contractor shall reimburse ECA t'for reasonable attorney fees and costs,legal and other expenses incurred by SCAT in connection cvitlt investigating or defending any such loss,claim,damage, liability or action. This indemnification shall not apply to claims by third parties against ECA1"to the extent that liCA f 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, C)wnershjr of l currents, All documents(including electronic tiles)and materials obtained during, purchased ur prepared in the performance of the Services shall remain the property of SCAT and are to be delivered to SCAT 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 3 SCAT General Sot Finial lt14 ri I or other comparable courier service,charges prepaid,to the parties at their respective addresses listed below,or(iv) when sent via facsimile so long as the sending party can provide facsimile machine or other confirmation showing the date,time and receiving facsimile number for the transmission,or(v)when transmitted via e-mail with confirmation of receipt. Either party may change its address for purposes of this paragraph by giving five(5)days prior written notice of such change to the other party. EAGLE COUNTY AIR TERMINAL CORPORATION: Attention:Jeff Bruwnback 500 Broadway Post Office Box 850 Eagle,CO 81631 Telephone:970-328-2645 Facsimile:970-328-2687 E-mail:jeffrey.hrawnback;ir eaglecounty,us With a copy to: Eagle County Attorney 500 Broadway Post Office Box 850 Eagle,Co 81631 Telephone:970-328-8685 Facsimile: 970-3284699 E-mail:atty@eagl eco un ty,us CONTRACTOR: Ed Johnson Vision Security,LLC • 3710 Highway 82,Suite Glenwood Springs,CO 81601 Telephone:970-945-4043 Facsimile:970-945-4019 E-mail:ejohnson @vsevision.com E-mail:ed(ii visiunseeurity.net 11. Termination. ECAT 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 ECA1 with all documents as defined in paragraph 9 hereof,in such format as LC'A"I`shall direct and shall return all ECAT owned materials and documents,ECAT 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 he litigated in the District Court for Eagle County,Colorado,which shall be the sole and exclusive forum for such litigation. 1 his Agreement shall be construed and interpreted under and shall he governed by the laws of the State of Colorado. 13. Execution by jlounterpartsi,Electronic Si.tnature This Agreement may be executed in two or more counterparts,each of which shall he deemed an original.but all of which shall constitute one and the satire 4 SCAT General Services Final tii4 instrument. l'he parties approve the use of electronic signatures for execution of this Agreement.Only the following two forms of electronic signatures shall he 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 oldie signature of an authorized signer inserted onto PDF format documents. All documents must he 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 Contra a �!, eats and mgramor Representations, a, Contractor has familiarized itself with the nature and extent of the Services to be provided hereunder and the Property,and with all local conditions,federal,state and local laws,ordinances,rules and regulations that in any manner affect cost,progress.or performance of the Services. b. Contractor will make.or cause to be made,examinations,investigations,and tests as he deems necessary for the performance of the Services. c.. To the extent possible,Contractor has correlated the results of such observations,examinations, investigations,tests,reports,and data with the terms and conditions of this Agreement, d. To the extent possible,Contractor has given ECAT written notice of all conflicts,errors,or discrepancies. c. 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 ECAT 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 pet formed in accordance with this Agreement. This paragraph shall survive termination of this Agreement. l 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. st. This Agreement constitutes an agreement for performance of the Services by Contractor as an independent contractor and not as an employee of ECAT. Nothing contained in this Agreement shall he deemed to create a relationship of employer-employee,master-servant,partnership,joint venture or any other relationship between hC",A`I'and Contractor except that of independent contractor,Contractor shall have no authority to bind SCAT, 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 panics with respect to the subject matter hereof and supersedes all other agreements or understanding between the parties with respect thereto. t. Contractor shall not assign any portion of this Agreement without the prior written consent of ECAT, Any attempt to assign this Agreement without such consent shall be void. S tf AT Galena Services final 1/14 • k: This Agreement shall he 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. 1, 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. fhe invalidity,illegality or unenforceahility 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 LCA`'has any personal or beneficial interest whatsoever in the Services or Property described in this Agreement. the Contractor has no beneficial interest.direct or indirect,that would conflict in any manner or degree with the performance of the Services and Contractor shall not employ any person having such known interests., o. I°lte Contractor,if a natural person eighteen(I 8)years of age or older,hereby swears and affirms under penalty of perjury that he or she(i)is a citizen or otherwise lawfully present in the United States pursuant to federal Macy,t ii)to the extent applicable shall comply with CA S.24-76.5-103 prior to the effective date of this Agreement. I S. Prohibitions on Contracts with illegal Aliens. a, if Contractor has any employees or subcontractors.Contractor shall not: Knowingly employ or contract with an illegal alien to perform Services under this Agreement;or ii, Enter into a subcontract that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under the contract for services. If Contractor obtains actual knowledge that a subcontractor performing work under the contract for services knowingly employs or contracts with an illegal alien.Contractor shall be required to: Notify the subcontractor and ECAT within three (3) days that 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 15(b)the subcontractor does not stop employing or contracting with the illegal alien; except that Contractor shall not terminate the contract with the subcontractor if during such three 1l) days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. c. If Contractor violates these prohibitions, heA`t may terminate the Agreement for breach of contract. If the Agreement is so terminated specifically for breach of this provision of this Agreement,Contractor shall be liable for actual and consequential damages to ECAT. d. ECAT may notify the Colorado Secretary ot"State if Contractor violates this provision of this Agreement and ECAT terminates the Agreement for such breach. 6 ECAT General Services fatal 1114 IN WITNESS WHEREOF,the parties have executed this Agreement the day and year first set forth above. EAGLE CO NTY AIR TERMINAL CORPORATION By: t� '"Al. //l.� feith Montag,Secretary CONTRACTOR: By: PrintName/� b idkniStylJ Title: C7 _ 7 ECAT General Services Final I/14 XHIBI"I-A SCOPE OF R 11('LS,SCHEDULE,FEES EAT t" 't m!Siv Fir tai 1.114 Vision Security, Exhibit A Proposa 3710 Hwy 8 Suite Glen +w . nya,CO 81601 Phone:(970)9454043-Fax: (970)94!5-4019 t Coati:l *e Date Estimate_. Est etip() g31 kdi Service tkart: Eagwe county Faclitios Marriager AIRPORT TERfilINAL BLDG SERVICE 3289 Cooley Mesa Road,Bldg A LOCATION 029 Eldon Wlson Pad Gyf)SLI tra,CO 81637 Gypsum,CO Contract Err t.li Estimate for an exploratory ry service call to the Eagle County Airport Terminal Building to check/troubleshoot existlrag intercom system to detenvaine what new parts will be required,if any. Diescrtit on Urst Ar€acsrt Tax Total Materials 5. 1 N $05.00 o Service Call Requested $95.00 N $380.00 Service Cal Reque ed $95,00 N $380,00 Subtotai< $825,001 Sales Tax $0.00, Estimate Total; Retain age heki until job completion: Representative Signature Data Customer Signature Date Page 1of1 EXHIBIT B INSURANCE CERTI It;A'I I- • 9 I L T Gencr I rssr rs 1.14 FrotT):Jefilly - lies B I : if- Bring Iris Page 3 of 3 Date:O3 1 1 10:55 Psige.1 of 3 OP ID:44 Iiitiii6,...69'''' CERTIFICATE OF LIABILITY INSURANCE tf14 TtdS CERTIFICATE IS ISSUED AS A MATTER Oh INFOROAATION ONLY U l;ONFERS NO RiGNTS.U CERTIRCATE HOLDER.THIS CERTIFICATE fvEs NOT AFFIRktikTIVELY OR NE T'IA/ELY AMEND, EXTEND OR ALTER THE COVERS AFFORD BY THE DOES BELOW. TITS CETT'TIT"••••ICATE OF INSURANCE DOES NOT CONSTITUTE STITUTE A CONTRACT BETWEEN TIME ISSUI I N$URETT( t " 6 RIZ - REPRESENTATIVE OR PRODUCER.AND TIC CERTIFICATE HOLDER. IMPORTANT: ti the coMficate INoktar i 'a n 110f141/ INSURED,the Tole)mom Ie dI- •. If SIIBRODATION IS WAIVED,azzhj t to the tarrtta and c Thorns of policy,c lain palic may require an rrt. A attt c n this Ca Is dons teat r rI t certificate itoldiar in Ii .a of such andorietti:. a Faa�t 970-945-91 � h 3LGattn �,Inc 14 tt B t k i tf� Baatr S €TS-2 J7#T�s.1971 %e,ra0E.9T{-9m • itad Sittings, E12 JIM tild-On,Cif' 3 ET tIBli ri I1 I Ctrl cil r° t/4. Va EL�! �.,.... VislorI Stfroirrity,LLC A PIrIItaIyr3I Atsstir'nnt<t: S110 iiWY 83.Ste Glenwood Springs,CO 81601 a m m COVERAGES CERTIFICATE NUMBER: I EVISI NUMBER: Iti IS T CERTCY THAT IHE POLICIES F Itc:IONANC LISTED KIEL;w uA L isEE.I3a tS &E TO THE INQUItO. NAMED;1/413,0VE FOR THE POI Y PERD I) • IRO ATE° I4OTWITHSTAHOING ANY REQUIREMENT,TERM OR CONDITION ANY CONTRACT OR OTHER t UMENT WCTIi RESPECT TO WHICH THIS CERTIFICATE MAY SE ISSLDED OR MAY PERTAIN,THE NSLIRANCE AIFt ORO)E SY THE POLICIES OESd`RIRED HEREIN IS SIJSJE T TO A:t.t. THE TERNS,. 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G 6( k=:: ) Tlts AG EI Name sr�cl logo sr 1 I3 OR aAT i Iig fa a d r Mier marks of AtOttO • OPID: • CERTIFICATE OF LIABILITY INSUFtANCE 1I'14 T#IS CERTIFICATE IS ISSUED S I AI TER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON CERTIFICATE ER-THIS CERTIFICATE S T AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFI •, ii THE PO[.ICIES FLOW. THIS CERTIFICATE OF INSLIFIANCE DOES NOT O E?TTLUTE A CONTRACT ElwEEN NE 1SSUI INSURER(S) AUTI RERESENTATWVE OR R. THE CERTIFICATE HL I PORT" _ It the certIhete htntrtar je an ADE#TioNAL INSURED tpkt, attc i tritest be eroclofsk4ti. tr SUBROGA a tR W tra ti *Ass end cerli1ltl r.1 the I ,s stab polic` may require an nt. A statement n this ate doe*not t certltlte hner Ira e, 3�1� ; to 870« 411 t ttatttt C SiI,C. FI*Ite' A�terr»Ire y PO ..�.�... 1st 1 S 5fid3 «2 S7 ti9111 I�� Gleusaiseed ss C081602 te - os ttrtetl tlt- artr r A Nation, tC Vision Security,EEC 3710 HWY 82,Ste 3 .« _... _. . 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