HomeMy WebLinkAboutC17-050 Firkins Garage Doors AGREEMENT FOR ON-CALL SERVICES
BETWEEN EAGLE COUNTY,COLORADO
AND
FIRKINS GARAGE DOORS, INC.
THIS AGREEMENT("Agreement")is effective as of 0210212017 by and be�,tween Garage
arage
. . . . . .
Doors, Inc., a Colorado corporation (hereinafter"Contractor")and Eagle County,Colorado, a body corporate and
politic (hereinafter"County").
RECITALS
WHEREAS,County desires to contract for onr call garage door services to lxx, provided at the Eagle County Regional
Airport (the "Property" or"Properties")>and
WHEREAS,Contractor is authorized to do business in the State of Colorado and has the time,skill,expertise,and
experience necessary to provide the Services as defined below in paragraph I hereof,and
WHEREAS,this Agreement shall govern the relationship beetween Contractor and County in connection with the
Services.
AGREEMENT
NOW,THEREFORE, in consideration of the foregoing and the following promises Contractor and County agree as
follows:
1. Services or Work. Contractor agrees to diligently provide all services, labor,personnel and materials
necessary to perform and complete the on-call services or work at the rates set forth in Exhibit A and in accordance
with a formal proposal for each on-call service to 1)e provided by Contractor and approved by County in writing
("Services" or"Work"). Exhibit A is attached hereto and incorporated herein by reference. The Services shall lXx,
performed in accordance with the provisions and conditions of this Agreement.
a. Contractor agrees to furnish the Services in accordance with the schedule established in each
proposal approved by County. If no completion date is specified,there.Contractor agrees to furnish the Services in a
timely and expeditious mannerconsistent with the applicable standard of care. By signing 1.)eel ow,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. COMIN's Re resentative. The Airport Department's designee shall be Contractor's contact with respect to
this Agreement and performance of the Services.
3. Term of the Agreement. This Agreement shall commence upon the date first written above,and subbed to
the provisions of paragraph I I hereof,shall continue in full force and effect through the 31"day of December, 2017.
4. Extension or Modification. This Agreement may be extended for Lip to three additional one year terms
upon written agreement of the parties.Any amendments or modifications shall be in writing signed by both parties.
No additional services or work performed by Contractor shall be the basis for additional compensation unless and
C17-050
Lmtil Cmitractor has obtained written authorizatim mid ackiiowledgemeiit by Comity for such additiollal services in.
accordame with Comity's hitemal policies. Accordiiigly,no course of conduct or dealings between the parties,icor
verbal change orders,express or implied acceptaiiee of alterations or additimis to the Services,alld no claim that
Comity has begin LuiJustly emiched by ally additimial services, whether or riot there is in fact ally such Lm.just
emichimit, shall be the basis of ally increase in the compematioli payable heremider. Ill the event that writteii
authorizatim mid ackiiowledgimit by Cowity for such additional services is not timely executed alld issued in strict
accordame with this Agreement,Contractor's rights with respect to such additional services shall be deemed waived
mid such failure shall result in non-payineiit for such additimial services or work performed.
5. Cpo!lnpgqy4ism. Comity shall compemate Cmitractor for the performame of the Services ill accordame
with the fee schedule set forth in Exhibit A. Prior to commemeimit of Services at only Property or Properties,
Contractor shall first provide Cowity with a written estimate which shall include all estimate of the labor, materials
without only mark Lip mid only additimial costs necessary to perform the Services at a particular Property or
Properties. Each estimate must be approved by Comity's Representative prior to commencement of the Services by
Contractor mid all rates shall be in accordame with the fee schedule set forth in Exhibit A. Total compellsatioll for
all Services rimier this Agreement sliall not exceed $25,000.00. Cmitractor shall riot be entitled toy bill at overtime
mid/or double time rates for work clime outside of do nal business hours Limeys specifically authorized in writing by
County.
a. Payment will be made for Services satisfactorily performed within thirty(30)days of receipt of a
proper mid accurate invoice from Cmitractor. All invoices shall include detail regardiiig the hours speiit,tasks
performed, who performed each task mid such other detail as Comity may request.
b. If,at ally time curring the term or after terinhiatioli or expiratimi of this agreement,Comity
reasombly determines that any payment made by Comity to Colitractor 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
deterinhiatioli mid request for reimbursement from Comity,Colitractor shall forthwith returli such payments) to
Comity. CT teriniiiatioli or expiration of this agreement, Lmexpeiided Imids sic vamed by Comity, if only,shall
forthwith be returned to Cowity.
C. Comity will riot withhold only taxes from monies paid to the Cmitractor hereLmder mid Cmitractor
agrees to be solely responsible for the accurate reporting alld payment of ally taxes related to payineiits made
pursumit to the terms of this agreement.
d. Notwithstaiidiiig aiiythhig to the contrary cmitahied in this agreement,Comity shall have no
obligatimis rimier this agreement after, nor shall ally payineiits be made to Contractor in respect of only period after
December 31 of ally year, without all appropriation therefor by Comity in accordame with a budget adopted by the
Board of Cowity Commissioners in complimice with Article 25,title 30 of the Colorado Revised Statutes,the Local
Govermmit Budget Law(C.R.S. 29-1-101 et.seq.)mid the TABOR Aimidimit(Colorado Constitution,Article X,
See. 20).
6. Sul-.)contractors. Cmitractor acknowledges that Cowity has entered into this agreement in reliallce upoll the
particular reputatimi mid expertise of Cmitractor. Cmitractor shall riot enter into ally submitractor agreemeiits for
the performame of ally of the Services or additiolial services without County's prior written coiiseiit, which may be
withheld ill Cowity's sole discretion. Cowity shall have the right ill its reasoliable discretimi to approve all
personnel assigiied to perform the Services during the performame of this agreement mid tio persolillel trr mho ln
Comity has all obJectimi, in its reasomble discretioii,shall be assigiied to the Project. Contractor shall require each
submitractor, as approved by Comity mid to the extent of the Services to be performed by the submitractor, to be
boLmd to Cmitractor by the terms of this agreement,mid to assume toward Contractor all the obligations mid
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responsibilities which Contractor,by this Agreement,assumes toward County. County shall have the right(but not
the obligation)to enforce the provisions of this Agreement against any subcontractor hired by Contractor and
Contractor shall cooperate in such process.The Contractor shall lxx, responsible for the acts and omissions of its
agents,employees and subcontractors.
7. Insurance. Contractor agrees to provide and maintain at Contractor's sole cost and expense, the following
insurance coverage with limits of liability not less than those stated below:
a. Types of Insurance.
i. Workers' Compensation insurance as required by law.
ii. Auto coverage with limits of liability not less than $1,000,000 each accident combined
bodily inJury and property damage liability insurance,including coverage for owned,hired, and non owned
vehicles.
iii. Commercial General Liability coverage to include premises and operations,
personal/advertising inJury,products/completed operations, broad form property damage with limits of liability not
less than$1,000,000 per occurrence and $1,000,000 aggregate limits.
b. Other Requirements.
i. The automobile and commercial general liability coverage shall lxx,endorsed to include
Eagle County,its associated or affiliated entities,its successors and assigns,elected officials,employees, agents and
volunteers as additional insureds. A certificate of insurance consistent with the foregoing requirements is attached
hereto as Exhibit B.
ii. Contractor's certificates of insurance shall include subcontractors,if any as additional
insureds under its policies or Contractor shall furnish to County separate certificates and endorsements for each
subcon tractor.
iii. The insurance provisions of this Agreement shall survive expiration or
termination hereof.
iv. The parties hereto understand and agree that the County is relying on, and does
not waive or intend to waive by any provision of this Agreement,the monetary limitations or rights,immunities and
protections provided by the Colorado Governmental Immunity Act,as from time to time amended,or otherwise
available to County,its affiliated entities,successors or assigns,its elected officials,employees, agents and
volunteers.
V. Contrac tor is not entitled to workers' c ompensati on benefits except as
provided by the Contractor,nor to unemployment insurance benefits unless unemployment compensation coverage
is provided by Contractor or some other entity. The Contractor is obligated to pay all federal and state income tax
on any moneys paid pursuant to this Agreement.
8. Indemnification. The Contractor shall indemnify and hold harmless County,and any of its officers,agents
and employees against any losses,claims,damages or liabilities for which County may become subject to insofar as
any such losses,claims,damages or liabilities arise out of,directly or indirectly,this Agreement, or are based upon
any performance or nonperformance by Contractor or any of its subcontractors hereunder,and Contractor shall
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reimburse County for reasonable attorney fees and costs,legal and other expenses incurred by County ill connection
with investigating or defending any such loss,claim,damage, liability or action. This indemnification shall not
apply to claims by third parties against the County to the extent that County is liable to such third party for such
claims without regard to the involvement of the Contractor. This paragraph shall survive expiration or termination
hereof.
9. Ownershi of Documents. All documents(including electronic files)and materials obtained during,
purchased or prepared in the performance of the Services shall remain the property of the County and are toy IX. ,
delivered to County before final payment is made to Contractor or upon earlier termination of this Agreement.
10. Notice. Any notice required by this Agreement shall be deemed properly delivered when(i)personally
delivered, or(ii)when mailed in the United States mail, first class postage prepaid,or(iii)when delivered by FedEx
or other comparable courier service,charges prepaid,to the parties at their respective addresses listed below, or(iv)
when sent via facsimile so long as the sending party call 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
Prier written notice of such change to the other party.
COUNTY:
Eagle County,Colorado
Attention:Alex Everman
500 Broadway
Post Office Box 850
Eagle,CO 81631
Telephone: 970-328-3578
Facsimile: 970-328-2687
E-Mail: Ale x.Everman @eaglecounty.LIS
With a copy to:
Eagle County Attorney
500 Broadway
Post Office Box 850
Eagle,Co 81631
Telephone: 970-328-8685
Facsimile: 970-328-8699
E-Mail: atty @eaglecoun ty.Lis
CONTRACTOR:
Firkins Garage Doors, Inc.
148 Alpine Ranch Road
Gypsum,CO 81637
Telephone: (970)524-0520
E-Mail: firkins lessica@ginai Lcom
It. Termination. County may terminate this Agreement,in whole or in part, at any time and for any reason,
with or without cause,and without penalty therefor with seven (7)calendar days' prior written notice to the
Contractor. Upon termination of this Agreement,Contractor shall immediately provide County with all documents
as defined in paragraph 9 hereof, in such format as County shall direct and shall return all County owned materials
and documents. County shall pay Contractor for Services satisfactorily performed to the date of termination.
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12. Venue,Jurisdiction and Applicable Law. Any and all claims,disputes or controversies related to this
Agreement, or breach thereof, shall lxx, litigated in the District Court for Eagle County,Colorado,which shall be the
sole and exclusive forum for such litigation. This Agreement shall be construed and interpreted under and shall be
governed by the laws of the State of Colorado.
13. Executiloll by��Nrts;Elg��rpj)ic Sigj)qtgrg�, This Agreement may be executed in two or more
COUIlterparts,each of which shall be deemed all original, but all of which shall constitute one and the same
instrument. The parties approve the use of electronic signatures for execution of this Agreement. Only the following
two forms of electronic signatures shall be permitted to billd the parties to this Agreement: (i) Electronic or
facsimile delivery of a fully executed copy of the signature page,(ii) the image of the signature of all authorized
signer inserted onto PDF format documents. All documents must be properly notarized, if applicable. All use of
electronic signatures shall be governed by the Uniform Electronic Transactions Act,C.R.S. 24-71.3-101 to 12.1.
14. Other Contract Reouirements and Contractor Representations.
a. Contractor has familiarized itself with the nature and extent of the Services to be provided
hereunder and the Property or Properties,and with all local conditions, federal, state and local laws,ordinances,
rules and regulations that in any manner affect cost,progress,or performance of the Services.
b. Contractor will make,or cause to be made,examinations,investigations, and tests as 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 County written notice of all conflicts,errors,or
discrepancies.
e. Contractor shall be responsible for the completeness and accuracy of the Services and shall
correct,at its sole expense,all significant errors and omissions in performance of the Services. The fact that the
County has accepted or approved the Services shall not relieve Contractor of any of its responsibilities. Contractor
shall perform the Services in a skillful,professional and competent manner and in accordance with the standard of
care,skill and diligence applicable to contractors performing similar services. Contractor represents and warrants
that it has the expertise and personnel necessary to properly perform the Services and shall comply with the highest
standards of customer service to the public. Contractor shall provide appropriate supervision to its employees to
ensure the Services are performed in accordance with this Agreement.This paragraph shall survive termination of
this Agreement.
f. Contractor agrees to work in all expeditious manner, within the sound exercise of itsJudgment and
professional standards, in the performance of this Agreement. Time is of the essence with respect to this
Agreement.
9. This Agreement constitutes all agreement for performance of the Services by Contractor as all
independent contractor and not as all employee of County. Nothing contained in this Agreement shall be deemed to
create a relationship of employer-employee,masher servant,partnership, joint venture or any other relationship
between County and Contractor except that of independent contractor.Contractor shall have no authority to bind
County.
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h. Contractor represents and warrants that at all times in the performance of the Services,Contractor
shall comply with ally and all applicable laws,codes,rules and regulations.
i. This Agreement contains the entire agreement Ixtween the parties with respect to the subJect
matter hereof and supersedes all other agreements or understanding lxxtween the parties with respect thereto.
J. Contractor shall not assign ally portion of this Agreement without the prior written consent of the
County. Ally attempt to assign this Agreement without such consent shall be void.
k. This Agreement shall be binding upon and shall inure to the Ixnefit 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 ally 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 ally breach shall be deemed a waiver of ally preceding or succeeding breach.
in. The invalidity, illegality or unenforceability of ally provision of this Agreement shall not affect the
val idi ty or en forceabi I ity of ally other Prevision hereof.
11. The signatories to this Agreement aver to their knowledge no employee of the County has ally
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 ally manner or degree with the performance of the
Services and Contractor shall not employ ally person having such known interests.
0. The Contractor,if a natural person eighteen (18)years of age or older, hereby swears and affirms
under penalty of perliury that he or she (i) is a citizen or otherwise lawfully present in the United States pursuant to
federal law,(ii)to the extent applicable shall comply with C.R.S. 24-76.5-103 prior to the effective date of this
Agreement.
15. Prohibitions oil Government Contracts.
As used in this Section 15,the term undocumented individual will refer to those individuals from foreign
countries not legally within the United States as set forth in C.R.S. 17.5-101,et. seq. If Contractor has ally
employees or subcontractors,Contractor shall comply with C.R.S. 17.5-101,et. seq.,and this Agreement. By
execution of this Agreement,Contractor certifies that it does not knowingly employ or contract with all
undocumented individual who will perform under this Agreement and that Contractor will participate in the E-verify
Program or other Department of Labor and Employment program("Department Program")in order toy confirm the
eligibility of all employees who are newly hired for employment to perform Services under this Agreement.
a. Contractor shall not:
i. Knowingly employ or contract with all undocumented individual 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 all undocumented individual 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 Services under this Agreement through participation in the E-Verify Program or Department
6
Lagle Coui nty On-Call General Ser vices, Fina]5M4
Program, as administered by the United States Department of Homeland Security. Information oil applying forth
E-veri fy program can be found at:
O.shitrn
cl. 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 Contractor obtains actual knowledge that a subcontractor performing work under the public
contract for services knowingly employs or contracts with an undocumented individual,Contractor shall IX. , required
to:
i. Notify the subcontractor and County within three (3) days that Contractor has actual
knowledge that the s ubc on tractor is employing or contracting with an undocumented individual,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 undocumented individual', except that Contractor shall not terminate the contract with the
subcontractor if during such three (3)days the subcontractor provides information to establish that the subcontractor
has not knowingly employed or contracted with an undocumented individual.
e. 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 Contractor violates these prohibitions, County 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 County as required by law.
9. County will notify the Colorado Secretary of State if Contractor violates this provision of this
Agreement and County terminates the Agreement for such breach.
IREST OF PAGE INTENTIONALLY LETT BLINK]
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IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first set forth above.
COUNTY OF EAGLE,STATE OF COLORADO, By and
Through Its COUNTY MANAGER
By: . . . . . . . . . . . . .
Brent McFall,County Manager
CONTRACTOR:
FIRKINS INC
By: . . . . . . . . . . .....................................................
Jessica Firkins
Print Name:
Title: Secretary/Treasurer
. . . . . . . . . . . .
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EXI H DIT A
Fe�eSchedule
F~G~I)~ I ~
Price List:
Labor/Service:
�aboc - �eaideutial �l1�/Hourl�
�ommecoial �l25��oucl�
*�l-nr minimom�«
Overtime Rate;
p�mi�*n�1al_---____-_-- ..........................................................................
�250/yourly
�on�eccial.............................................................................. - .........................
0/8ourly
Trip charges:
O
Uo�s�ro^ �aQl--------------_-----------_--------_------_��8
wj,l"Jc,I�,-Jg z�
R�d 8ky, OozdiIle�o, �ouutaiu 8�ar,
.........................................................$2O
�intvro, �wdoliff (no�ifzmni T-7O) 2O
ElJeL',*l.........................................................................................................................................................
�20
uu�s1de �a�Ie �ouut
................ ............................ -__.....................................__-__�y4D
Parts:
�~ nollern - �teel- ---'$�
2" &oIleco - ��lou-aboc�/lo 1O/12
3~ R --- _-----I2
3~ nol|,r� - n�lo �«
Beariugol"---.................................................................... ............................................................$l8
B��rim3 �late $'�O/�z
Bca�ke�o/�op - Con�ercial....................................... ............................................$I5/eacb
- &esiden�ial--____-_-- .......................................... 10/eaob
- �Km-' �l5�e�oh
Brank�t� - Jam ----------_--------_-_--------_--'�l0/caoh
°-_--------_--------__---------_--'�2.00/��
2~ ---__-'--2.5�/f�
Dzuma - 40O-8..._- .............................. .... .........................___............................- ....
_�5O/�r
4O0-12 ..................................................................... ................................................... 40/pc
1��i tuzea/L.otcnm - 3taniai 2 .........................--................................ ............
25/p�
- �taodacd 3........................____ ......................... ....................
35/pc
- 1.,88 2" �23/pc
- �em �~ -_-----------_--------__----$6O/gr
55
Dg*------------------------------------------------------------------------------------------------------------------------------------------$IO
�mypa� �8
gbo�o e�eo - Eif I ManI.ez-- .................................... ............................................ 0/�a1c
. 5O/p�ic
�enideu��al'--_-____---_-____-----_-$2.O0/f,�
BX0K0[A(cont.)
RmMcWe
- oommerci�L-----_-_-------_--_-------_-$5.U0/�t
365��---_---_-_------__----_---__-.---_�58
nen��es-----__---------_-----------_--------_-------------�O
8eal-Bottwm 8ealMM jwwr-___- ............................................................ O/f t
8ottum a/ Sea3.00/Q.
Per1omter bl*ath*r seal
Perime�ec �eatbec �eal - ..........................................
�ecime�ec �ea�bec �eal - Vio�l
ab7jft� - �olid_--------_----------_--------__-----�8/ft
- �_-____-_--__-____-_-_-____-_---_-____ 2/f,t
`3 pcing gn4o'--_---------_--------_----------_-------�28
Beaijaut1al_- ...................................... ................................................$55-$7b
�onm�ccial-_-----____-_---____-_-----_-___-.N/A
°
��cuto-3........... --................................--- .......................... .................................. - ...........
$4/��
Tcaok-2° �5.0O/��
7r�nk-3~ $1 C)
zzolle� k�ta-L,i Mamtec--_-__ ................................................................................$ O
Sales rax Rates: (Parts Only)
��cowtead - 4.4&
�ocdilleca - 4.4�
Dotmeru - ?-«Y,,
3agle-vIiI - 4.4&
Twr oda - 4 -0,
�ypoum - 7.4&
Miutuco/�edoli�� - �.4�
'Jail - 8.48
wildcidge
nuuutain Sfar - *.40
molmott - «-��
of
|O
EXHIBIT B
INSURANCE CERTIFICATES
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THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING IINISURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT:If[lie certificale holder is an ADDITIONAL INSURED,[tie 1policy(ies)rnust be endorsed.If SUBROGATION IS WAIVED.subject to
the forms and condiciuris of the policy,certain policies may require an endurSement.A statement on this corlificelia does riot Corder rights to the
rarhficate holder in heir of such Fridorsament1s),
I-racy J Iylei'
Trace Tylor Arjcrcy, Iric, r
F0 BOX 5107
FDVVARr)S, CO S'63,71
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COVERAGES _rCERTIFICATE'NUMBER: jREVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF 114CIJI'WCE LISTED BELOW HAVE BEEN ISSUIED TO THIS INSURED NAMED ABOVE FOR THE POLICY PERIOD
NrICATEC, NOTAnTH STAN D HC ANY PEOLAREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT To WHICH THIS
CERTIFICATE MAY BE ISSUED AOR MAY PERTAIN, THE INSURANCE AFFCRDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDTIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
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le C
arjents and afe Additional Ir"Isureds undei thr."�corrifirnerciall general liabi�ity and autux'ncbfle lial:xllty
policies of inSUraice.
CERTIFICATE HOLDER CANCELLATION
Ewjlr�Counly SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
PO Box 8511 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
E. qlp,C'0 8 163 11 ACCORDANCE WITH THE POLICY PROVISIONS.
AUIHC,{ EJKLkLE-N AlIvE
@ 1$88-2014 ACORD CORPORATION.All rights reserved.
ACORD 26(2014101) The ACORD name and logo are registered marks of ACORD
Lagfle County On-Call General Ser4oes' final 5(1.4