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Home My WebLink AboutC02-277 Transportation Security Administration_ECAT('GZ- —' 1-7-70 AGREEMENT BETWEEN EAGLE COUNTY AIR TERMINAL CORPORATION AND TRANSPORTATION SECURITY ADMINISTRATION FOR CONSTRUCTION WITHIN THE EAGLE COUNTY AIR TERMINAL BUILDING TO MEET FEDERAL SECURITY MANDATES This Agreement is made and entered into on thisday of October, 2002, by and between Eagle County Air Terminal Corporation, a Colorado non-profit corporation ("Corporation") and Transportation Security Administration, a subdivision of the government of the United States of America ("TSA!'). WITNESSETH: WHEREAS, Corporation is the owner, and operator of the Terminal Building located on the Eagle County Regional Airport in Eagle County, Colorado, and has the authority to enter into agreements with respect to the Terminal Building; and WHEREAS, TSA has expertise to address issues concerning airport security and related personnel; and WHEREAS, Congress has mandated that all commercial service airports shall have federal security screeners by November 19, 2002, and the Corporation and TSA wish to work together pursuant to the terms of this Agreement to meet such mandate; and WHEREAS, in an effort to meet the mandate and accommodate the traveling public, a reconfiguration of the security check point within the Eagle County Air Terminal Building is necessary. WHEREAS, TSA has the power and authority to enter into this agreement. AGREEMENT NOW THEREFORE, for and in consideration of the premises and the mutual covenants and consideration herein contained Corporation and TSA agree as follows: The term of this Agreement shall be for five years and shall expire on September 30, 2007. In the event of a default or breach of the terms of this Agreement, the non -breaching party shall give the other written notice of such breach and the right to cure such default within thirty days. If the party fails to correct the default a second notice may be sent terminating the Agreement following an additional thirty days. I_ft� 1qwv� 1. TSA shall reconfigure the existing security check point so that it is complete and fully operational by November 19, 2002. The reconfiguration of the existing security checkpoint shall be consistent with the drawing attached hereto as Exhibit "A" and incorporated herein by reference. The new check point shall include: a. removing the partition which currently serves as a separation wall between the checkpoints; b. extending the wall which currently separates the passenger exit lanes from the security checkpoint; c. rotating the security checkpoints as set forth in Exhibit "A'; d. two wanding stations; e. a law enforcement podium; and f, a private screening booth. 2. TSA shall also install TSA owned equipment in the Terminal Building, namely three new x-ray machines and two new explosive trace detection devices. This equipment will be maintained and kept operational by TSA at its expense. 3. TSA has contracted with Shaw Construction to perform and oversee all work identified in paragraphs 1 and 2 of this Agreement. 4. TSA recognizes and affirms that the newly constructed Terminal Building is under warranty and that any work contracted for or performed by it or those it contracts with shall be accomplished in a good and workmanlike manner and all materials shall be new and free from defect. TSA agrees that all work under this Agreement shall be undertaken to conform with and promote Corporation's exiting warranty with Shaw Construction and specifically TSA shall not take any action which voids or invalidates the existing warranty. Further, TSA shall obtain a warranty for construction and materials from Shaw Construction and for the benefit of Corporation, for such new work Associated with the security check point. 5. TSA shall be solely responsible for all costs and expenses associated with the work and purchase and installation of equipment identified in this Agreement and Corporation shall have no obligation therefor. 6. All construction work will be undertaken between the hours of 9:00 a.m. and 6:00 p.m. or as allowed by Corporation to allow for commercial air service operations. 7. TSA is solely responsible for obtaining all necessary permits and approvals for the construction of the security check point and shall pay all costs associated with such permits. N%WP/ 8. Any changes or deviations to the proposed security check point as presently set forth on Exhibit "A" shall only be undertaken with the express written consent of Corporation. 9. TSA shall purchase and maintain such insurance as will protect TSA and Corporation from claims with may arise out of TSA's operations under this Agreement, whether such operations be by TSA itself or by any subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable. 10. The insurance required shall be written for not less than any limits of liability required by law or by those set forth below, whichever is greater. All such insurance shall be written by companies authorized to do business in Colorado. a. Workmen's Compensation including occupational disease and Employer's Liability Insurance in amounts and coverage as required by Colorado law. b. Comprehensive General Liability Insurance- TSA shall maintain a comprehensive general liability form of insurance for bodily injury liability limits of $500,000 for any one (1) person in any one (1) occurrence and $1,000,000 for two (2) or more persons in any one (1) occurrence with property damage liability limits of $500,000 in any one (1) occurrence. c. TSA shall maintain Professional Liability Insurance with minimum coverage limits of $500,000 per occurrence, $1,000,000 aggregate. TSA shall provide copies of certificates of such insurance to Corporation. 11. To the fullest extent permitted by law, TSA shall indemnify and hold harmless Corporation and Eagle County, its board, commissioners and employees, from and against claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of this Agreement, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property including loss resulting therefrom, but only to the extent caused by negligent acts or omissions of TSA, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. 12. TSA shall promptly correct work rejected by Corporation as failing to conform to the requirements of the Agreement and TSA shall bear the cost of correcting such rejected work. 13. TSA shall be solely responsible for the hiring and staffing of sufficient staff to maintain the screening function and meeting the hands-on training requirements of 105 hours consistent with the federal mandate. Such employees shall be employees of TSA and not of Eagle County or Corporation. It is expressly acknowledged and understood by the parties hereto that nothing contained in this Agreement shall result in, or be construed as establishing an employment relationship. TSA shall be, and shall perform as, an independent contractor. No agent, employee, 1W� or servant of TSA shall be, and shall perform as, and independent contractor. No agent, employee or servant of TSA shall be, or shall be deemed to be, the employee, agent or servant of Corporation or Eagle County. Notwithstanding Paragraph 11 above, TSA shall be solely and entirely responsible for its acts and for the acts of its agents, employees, servants and subcontractors during the performance of this Agreement. 14. All security screening workforce will be paid by TSA and all training for screening workforce will be paid by TSA. 15. The parties to this Agreement may not assign their interest herein, including the assignment of any rights or delegation of any obligations provided herein, without the prior written consent of Corporation. This Agreement shall be binding upon and inure to the benefit of the parties hereto, and their respective successors and assigns. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Agreement. 16. Notice: Any notice and all written communications required under this Agreement shall be given by personal delivery, courier delivery, facsimile transmission together with a "hard copy" by United States mail, postage prepaid to the appropriate parties at the following addresses: and ECAT c/o Eagle County Airport Manager Post Office Box 850 Eagle, Colorado 81631 Phone: (970)524-8246 Eagle County Attorney Post Office Box 850 Eagle, Colorado 81631 Phone: 970-328-8685 Fax: 970-328-8699 TSA - Federal Security Director c/o Vail Valley Jet Center 0871 Cooley Mesa Road Gypsum, Colorado 81637 Phone: (970) 531-0468 Currently, TSA does not have permanent phones installed. Upon completion of the installation TSA will provide Notice to ECAT and the Eagle County Attorney of such permanent telephone number pursuant to the terms of this Paragraph 16. Notice shall be deemed given on the first to occur of delivery, transmission by facsimile (if transmitted during customary business hours, or the following business day if not) or three calendar days after deposit in the mails, as applicable. 17. TSA shall not discriminate against any employee or applicant for employment to be employed in the performance of this Agreement on the basis of race, color, religion, national origin, sex, ancestry, physical handicap, sexual orientation, age, political affiliation, or family responsibility. 18. This Agreement may be modified in writing executed by all the parties. 19. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado. The parties agree that venue in any action to enforce or interpret this Agreement shall be in the District Court, Eagle County, Colorado. 20. Notwithstanding anything to the contrary contained in this Agreement, ECAT shall have no obligations under this Agreement, nor shall any payment be made to TSA in respect to any period after any December 31 of each calendar year during the term of this Agreement, without any appropriation therefor by Corporation in accordance with a budget adopted by the Eagle County Commissioners in compliance with applicable provisions of law. EAGLE COUNTY AIR TERMINAL CORPORATION By: Tom C. Sto e, President TRANSPORTATION SECURITY ADMINISTRATION By: / Ray Kre s, teder Security Director 0 `.J -ON 9 finals to_ i cqP* tBook 2. CL 3. a. Copies to' i JS4eonnc'lar