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Home My WebLink AboutC10-040 Frances Romero AgreementAGREEMENT BETWEEN EAGLE COUNTY AND FRANCES ROMERO ~ , THIS AGREEMENT ("Agreement"), is made and entered this ~~ day of v~ 20 by and between Frances Romero, a housekeeping proprietor, ("Contractor") and the Board 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 comlection 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 ~~~ -~`I~ eligible for services to keep them living safely and independently in their own homes. 2. TERM A. This Agreement shall commence on January 1, 2010 and, subject to the provisions of this Agreement,. shall continue in full force and effect until December 31, 2010, unless earlier terminated in accordance with the provisions of this Agreement. B. This Agreement may be terminated by either party for any reason with 15 days written notice, with or without cause, and without penalty. In the event the Contractor files for bankruptcy or is declared bankrupt or dissolves, County may declare in writing that this Agreement is terminated, and all rights of Contractor and obligations of County, except payment of accrued but unpaid fees set forth in Section 2.3 hereof, shall terminate immediately. C. In the event of any termination of this Agreement, Contractor shall be compensated for all hours of work then completed, plus approved expenses. 3. 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 four clients each month. Specifically, A. Contractor and Contractor's staff will arrange transportation to and from the client's residences. B. Contractor and Contractor's 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 Contractor's 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 Contractor's staff will ensure that residents are called to remind them of their cleaning appointment before hand. Contractor and Contractor's staff will caution seniors regularly of wet surfaces in the home for their safety. E. Contractor and Contractor's staff will provide cleaning supplies to complete the jobs. F. Contractor will provide a bimonthly 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. 4. 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. 2 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. 5. 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. 6. COUNTY'S FUNDING Eagle County agrees to pay costs for the services as follows: Contractor will provide housekeeping services for clients, as assigned and scheduled by Eagle County at a rate of $20.00/hour. For each client, Contractor will provide two hours of housekeeping services every other week, which equates to roughly 4 hours per client, per month. County will schedule up to five clients for housekeeping services each month. In addition, Eagle County agrees to pay an additional $10.00/ visit for cleaning supplies. Notwithstanding anything else contained in this Agreement, the total cost for services provided under this Agreement will not exceed $4,000 during the contract year. 7. 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. 8. 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 Romero PO Box 5424 Eagle, CO 81631 Eagle County: Holly Kasper Eagle County Health & Human Services P.O. Box 660 Eagle, CO 81631 9. 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. 10. PROVISION MANDATED BY HOUSE BILL 1343: PROHIBITIONS ON PUBLIC CONTRACT FOR SERVICES If Contractor has any employees or subcontractors, Contractor shall comply with C.R.S. § 8- 17.5-101, et seq., regarding Illegal Aliens -Public Contracts for Services, and this Contract. By execution of this Contract, Contractor certifies that it does not knowingly employ or contract with an illegal alien who will perform under this Contract and that Contractor will participate in the E-verify Program or other Department of Labor and Employment program ("Department Program") in order to confirm the eligibility of all employees who are newly hired for employment to perform work under this Contract. A. Contractor shall not: (i) Knowingly employ or contract with an illegal alien to perform work under this contract for services; or (ii) Enter into a contract with a subcontractor that fails to certify to the 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 has confirmed the employment eligibility of all employees who are newly hired for employment to perform work under this Contract through participation in the E-verify Program or Department Program, as administered by the United States Department of Homeland Security. Information on applying for the E-verify program can be found at: http:%hvww.dhs.gov/xprevprot/programs%~rc 11852216781~O.shtm C. The 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. 4 D. If the Contractor obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien, the Contractor 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 the 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. The 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 a Contractor violates these prohibitions, the County may terminate the contract for a breach of the contract. If the contract is so terminated specifically for a breach of this provision of this Contract, the Contractor shall be liable for actual and consequential damages to the County as required bylaw. G. The County will notify the office of the Colorado Secretary of State if Contractor violates this provision of this Contract and the County terminates the Contract for such breach. 11. 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. 5 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. 12. SOLE SOURCE GOVERNMENT CONTRACTS. If the Contractor has entered into a sole source government contract or contracts with the State of Colorado or any of its political subdivisions as defined in Article XXVIII of the Colorado Constitution, which including this contract in the aggregate on an annual basis equal or exceed the amount of $100,000, then the following provisions apply: A. Because of a presumption of impropriety between contributions to any campaign and sole source government contracts, Contractor, on behalf of itself ,any person who controls ten percent or more of the shares of or interest in the Contractor, and the Contractor's officers, directors and trustees (collectively, the "Contract Holder") shall contractually agree, for the duration of the contract and for two years thereafter, to cease making, causing to be made, or inducing by any means, a contribution, directly or indirectly, on behalf of the Contractor Holder or on behalf of his or her immediate family member and for the benefit of any political party or for the benefit of any candidate for any elected office of the state or any of its political subdivisions. B. The parties further agree that if a Contract Holder makes or causes to be made any contribution intended to promote or influence the result of an election on a ballot issue, the Contract Holder shall not be qualified to enter into a sole source government contract relating to that particular ballot issue. C. The parties agree that if a Contract Holder intentionally violates sections 15 or 17(2) of Article XXVIII of the Colorado Constitution, as contractual damages that Contract Holder shall be ineligible to hold any sole source government contract, or public employment with the state or any of its political subdivisions, for three years. 6 D. The Contract Holder agrees to comply with the summary and notice provisions of Section 16 of Article XXVIII of the Colorado Constitution. E. These provisions shall not apply to the extent they have been enjoined or invalidated by a court of competent jurisdiction. F. All terms used in this Section and not otherwise defined in this Agreement shall have the same meaning as set forth in Article XXVIII of the Colorado Constitution. IN WITNESS THEREOF, the Parties hereto have executed this Agreement the day and year first above written. COUNTY OF EAGLE, STATE OF COLORADO By and through the County Manager By: ,~ Keith P. Montag, County Man er CONTRAC OR: By: rv~ Frances Ro ero STATE OF COLORADO ) ss County of ) The foregoing was acknowledged before me this ~~ day of , 20~ by Frances Romero. Witness my hand and official seal. ~~ ~ ~ a Caaaw My commission expires: -~ _ S ^` J~ Public 7 CERTIFICATE OF LIABILITY INSURANCE j °ATE;MM;°009YY' PRODUCER PINNACOL ASSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY s 7501 E Lowry Blvd AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS Denver, CO 80230-7006 CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC# WSURED INSURER A: PINNACOL ASSURANCE 41190 FRANCES TREVIZO DBA BRIGHTSTAR SERVICES -- --- P O BOX 5424 INSURLR_s - EAGLE CO 81631 INSURERC , INSURER D: INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDNG ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH ` POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. rINSR ADD'L POLICY EFFECTIVE POLICY EXPIRATION LTR INSRD TYPE OF INSURANCE POLICY NUMBER DATE(MM/DD/VYYY) OATE(MM/DD/VYYV) LIMITS GENERAL LIABILITY EACH OCCURRENCE COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED CLAIMS MADE I I OCCUR PREMISES MED EXP(An one person _ PERSONAL & ADV INJURY GEN'L AGGREGATE LIMIT APPLIERS PER GENERAL AGGREGATE POLICY PROJECT LOC PRODUCTS-COMP/OP AGG AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANV AUTO (Ea Accident) ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT ANY AUTO OTHER THAN EA ACC AUTO ONLY: AG EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE _ OCCUR ~ CLAIMS MADE AGGREGATE DEDUCTIBLE RETENTION $ WORKERS COMPENSATION AND WC STATU- OTHER EMPLOYER'S LIABILITY A TORY LIMITS ANY PROPRIETOR/PARTNER/EXECUTIVE 4110093 12/01/2009 12/01/2010 E.L EACH ACCIDENT $100,000 OFFICER/MEMBER EXCLUDED? l E.L DISEASE-EA EMPLOYEE $100,000 I yes, please describe under SPECIAL PROVISIONS below _ E.L DISEASE- POLICY LIMIT 500 000 OTHER I DESCRIPTION OF OPERATIONSILOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS CERTIFICATE HOLDER CANCELLATION 1201125 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Eagle County Health Human Services THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO Attention Holly Casper MAIL 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE P O Box 660 LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR Eagle CO 81631 LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR _ REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Ryan Roginson ACORD 25(2001/08) Underwriter ACORD CORPORATION 1988 CERTIFICATE HOLDER COPY Eagle County Health Human Services Attention Holly Casper P O Box 660 Eagle CO 81631 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.