No preview available
HomeMy WebLinkAboutC09-025 Frances TrevizoAGREEMENT BETWEEN EAGLE COUNTY AND FRANCES TREVIZO THIS AGREEMENT ("Agreement"), is made and entered this ~ day ofF l 2009, by and between Frances Trevizo, a housekeeping proprietor, ("Contractor") and the B d of County Commissioners of Eagle County, State of Colorado, a body corporate and politic ("County"). Collectively, Contractor and County may be referred to as "Parties." WITNESSETH: WHEREAS, County, through its Department of Health and Human Services ("HHS"), works to promote the health, safety and welfare of County residents of all ages; and WHEREAS, among the services County provides in order to promote such health, safety and welfare are services to support senior citizens to live safely and independently in their own homes; and WHEREAS, County provides support to its senior citizens through the auspices of the Eagle County Home Connections Program; and WHEREAS, through the Eagle County Home Connections Program, County will fund housekeeping services for eligible senior citizens to live safely and independently in their own homes; and WHEREAS, Contractor is a provider of such services and wishes to contract with County to provide such services to County residents in need thereof; and WHEREAS, County and Contractor both desire to enter into an Agreement clarifying the working relationship of the Parties in the conduct of housekeeping services for senior citizens receiving Eagle County Home Connections services; and WHEREAS, the Parties desire this Agreement to detail County's financial responsibilities for the services and the organization of services; and WHEREAS, the Parties intend by this Agreement to set forth the scope of the responsibilities of the Contractor in connection with this Agreement. NOW, THEREFORE, in consideration of the mutual promises, covenants and conditions contained herein, the parties hereto agree hereby as follows: CONDITIONS: 1. DEFINITIONS A. Senior(s) shall mean persons 60 years of age and older. B. Eagle County Home Connections eligible seniors shall mean seniors who are determined eligible for services to keep them living safely and independently in their own homes. 2. TERM This Agreement shall commence on February 1, 2009 and, subject to the provisions of this Agreement, shall continue in full force and effect until December 31, 2009. 3. RENEWAL This Agreement shall automatically renew each year on January 1 unless thirty (30) days notice is given to the other party. 4. RESPONSIBILITIES OF CONTRACTOR Contractor will provide housekeeping services for Eagle County Home Connections clients in their homes for two hours a week, every other week, no more than twice a month. These services will be provided for clients who live in Vail, Minturn, Redcliff, Eagle-Vail, Avon, Edwards, Eagle and Gypsum. These services will be provided for up to and no more than ten clients each month. Specifically, A. Contractor and staff will arrange transportation to and from the client's residences. B. Contractor and staff will provide housekeeping services including: dusting of surfaces in the living room and dining areas and bedrooms, vacuuming and/or mopping of all floors in the home, removing trash from the home and placing new bags, cleaning kitchen counters, microwaves, stoves, and mopping kitchen floors and cleaning bathtubs, toilets, bathroom surfaces and mopping bathroom floors. C. Contractor and staff will ensure that items in the home are safely moved to clean the items and the areas around them and replaced to prevent breaking and rearranging important items in the homes. D. Contractor and staff will ensure that residents are called to remind them of their cleaning appointment before hand. Contractor and staff will caution seniors regularly of wet surfaces in the home for their safety. E. Contractor and staff will provide cleaning supplies to complete the jobs. F. Contractor will provide a monthly invoice to Eagle County including the number of homes cleaned and hours provided each month. G. Contractor will maintain insurance as discussed below in Section 6 of this Agreement. 5. INDEPENDENT CONTRACTOR: A. Contractor acknowledges that Consultant is an independent contractor providing housekeeping services for the County's Home Connections Program. Nothing in this Agreement shall be deemed to make Contractor an agent, employee, partner or representative of County. Moreover, this Agreement creates no entitlement to participate in any of the Employee Benefit Plans of County including insurance, paid vacation and recognized holidays. B. The Contractor shall not have the authority to, and will not make, any commitments or enter into any agreement with any party on behalf of County without the written consent of a senior management representative of County. 2 6. INSURANCE A. At all times during the term of this Agreement, Contractor shall maintain comprehensive general liability insurance including broad form property damage in the minimum amount of one hundred fifty thousand dollars ($150,000.00) per person, and six hundred thousand dollars ($600,000) per occurrence or as specified in the Colorado Governmental Immunity Act, whichever is greater. In addition, Contractor must carry employer's liability including occupational disease in the amount of five hundred thousand dollars ($500,000). Contractor will also carry Workers' Compensation insurance as required by Colorado law. B. All insurance required hereby shall be issued by an insurance company or companies authorized to do business in the State of Colorado. Failure of the Contractor to comply with the foregoing insurance requirements shall in no way waive the County's rights hereunder. 7. COUNTY'S FUNDING Eagle County agrees to pay costs for the services in the following amounts: $20.00/hour for up to 4 hours per client. No more than ten clients will receive housekeeping services each month. In addition, Eagle County agrees to pay an additional $10.00/ visit for cleaning supplies. Eagle County will compensate Contractor for only two hours of service if Contractor arrives at a client's home for service and the client is not present for the housekeeping services. The total cost for services will not exceed $5,500 during the contract year. 8. COMMUNICATION BETWEEN PARTIES The Parties to this agreement will meet as necessary to facilitate communication, problem solving, and coordinate planning for housekeeping services provided by Contractor. 9. NOTICE Any notice provided for herein shall be given in writing by registered or certified mail, return receipt requested, which shall be addressed as follows: Frances Trevizo PO Box 5424 Eagle, CO 81631 Eagle County: Holly Kasper Eagle County Health & Human Services P.O. Box 660 Eagle, CO 81631 3 10. MODIFICATIONS AND WAIVER A. The Parties shall not assign any rights or duties under this Agreement to a third party without the written consent of the other parties. B. This Agreement may be amended only in writing by an amendment signed by both Parties. 11. PROVISION MANDATED BY ROUSE BILL 1343: PROHIBITIONS ON PUBLIC CONTRACT FOR SERVICES A. Contractor shall not knowingly employ or contract with an illegal alien to perform work under the public contract for services; or enter into a contract with a subcontractor that fails to certify to 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 shall confirm or attempt to confirm through participation in the Basic Pilot Verification Program, as administered by the United States Department of Homeland Security, that Contractor does not employ any illegal aliens. If Contractor is not accepted into the Basic Pilot Verification Program prior to entering into a public contract for services, Contractor shall apply to participate in the Program every three months until Contractor is accepted or the public contract for services has been completed, whichever is earlier. Information on applying for the Basic Pilot Verification Program can be found at: https://www.vis-dhs. com`•,emplo~rregistration C. Contractor shall not use the Basic Pilot Verification 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 illegal alien, Frances Trevizo shall be required to: i. Notify the Subcontractor and the 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 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. 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. 4 F. If Contractor violates these prohibitions; the County may terminate the contract for a breach of the contract. If the contract is so terminated, Contractor shall be liable for actual and consequential damages to the County. 12. MISCELLANEOUS A.. This Agreement constitutes the entire Agreement between the Parties related to its subject matter. It supersedes all prior proposals, agreements and undertakings. B. This Agreement shall be binding upon and inure to the benefit of the Parties and their respective heirs, legal representatives, executors, administrators, successors and assigns: provided, however, that no party may assign nor delegate any of its rights or obligation hereunder without first obtaining the written consent of the other party. C. In the event that a dispute should arise relating to the performance of the services to be provided under the Agreement, and should that dispute result in litigation, it is agreed that the prevailing party shall be entitled to recover all reasonable costs incurred in the defense of the claim, including staff time, court costs, attorney's fees, and other claim related expenses. D. The validity or unenforceability of any particular provision of this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed as if such invalid and unenforceable provisions were omitted. E. Contractor shall comply with all applicable laws, resolutions, and codes of the State of Colorado and Eagle County. F. Notwithstanding anything to the contrary contained in this contract, the County shall have no obligations under this agreement nor shall any payment be made to Contractor in respect of any period after December 31 of each calendar year during the term of this agreement, without any appropriation therefore by the County in accordance with a budget adopted by the Board of County Commissioners in compliance with the provision of Article 25 of Title 30 of the Colorado Revised Statues, the Local Government Budget Law (C.R.S. § 29-1-101 et seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). G. This Agreement shall be interpreted in accordance with the laws of the State of Colorado and the Parties hereby agree to submit to the jurisdiction of the courts thereof. Venue shall be in the Fifth Judicial District for the State of Colorado, Eagle, Colorado. 5 IN WITNESS THEREOF, the Parties hereto have executed this Agreement the day and year first above written. The Parties hereto have signed this Agreement in quadruplicate. COUNTY OF EAGLE, STATE OF COLORADO By and through the County Manager By: i'"' Keith P. Montag, Acting County Manager CONTRACTOR: ~- By: Frances Trevizo 6