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HomeMy WebLinkAboutC11-088 Frances Romero Cleaning Services AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND FRANCES ROMERO FOR CLEANING SERVICES THIS AGREEMENT ( "Agreement "), is made and entered this day of Y�n�,�t__ 2011, 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 connection with this Agreement. NOW, THEREFORE, in consideration of the mutual promises, covenants and conditions contained herein, the parties hereto agree hereby as follows: AGREEMENT: 1. DEFINITIONS A. Senior(s) shall mean persons 60 years of age and older. 1 B. Eagle County Home Connections eligible seniors shall mean seniors who are determined eligible for services by County to keep them living safely and independently in their own homes. 2. TERM A. This Agreement shall commence on January 1, 2011 and, subject to the provisions of this Agreement, shall continue in full force and effect until December 31, 2011, 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 as set forth in 2(C) hereof, shall terminate immediately. C. In the event of any termination of this Agreement, Contractor shall be compensated for all hours of work then satisfactorily 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 5 of this Agreement. 4. INDEPENDENT CONTRACTOR: A. Contractor 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 2 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 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 for the services as follows: A. Contractor will provide housekeeping services for clients, as assigned and scheduled by Eagle County at a rate of $24.00/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. B. In addition, Eagle County agrees to pay an additional $10.00 per visit for cleaning supplies. C. Notwithstanding anything else in this Agreement, the total cost for services provided under this Agreement will not exceed $5,000 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 3 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. 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: / /www.dhs.gov /xprevprot /programs /gc 1185221678150.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. (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 (3) days that the Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 4 (ii) Terminate the subcontract with the subcontractor if within three (3) days of receiving the notice required pursuant to subparagraph '►` (i) of 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 by law. (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. 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 5 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. H. Within the limits allowed by law, Contractor shall indemnify County for, and hold and defend the County and its officials, boards, officers, principals and employees harmless from, all costs, claims and expenses, including reasonable attorneys fees, arising from claims of any nature whatsoever made by any person in connection with the acts or omissions of, or arising from Contractor's performance under this Agreement. 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 t 7 B ./.11� ith P. Montag, County Mana , - CONTRACTOR: By: • l). oAI ,0 Franc • ' �l mero STATE OF COLORADO ) ) ss County of ) The foregoing was acknowledged before me this 0`7 day of O YC,1'1 , 2011 By Frances Romero. Witness my hand and official seal. AGES Cq + +, k/40 q ' 4� ; 1 ,LS► I My commission expires: Ca / 1 1g 1 • • 1 e : Notary Public ® ' ++ °P cot o IIII'C� * ,, EXP gt$ FERRU , iz 20 12 6 .. MAR-23-2011 03: From: To:19703288829 Pa9e:2/2 . • CERTIFICATE OF LIABILITY INSURANCE American Family Insurance Company E:1 American Family Mutual Insurance Company if selection box is not checked. 6000 American Pky Madison, Wisconsin 53783-0001 Insured's Name arid Address Agent's Name, Address and Phone Number (AO/Dist) Bright Star Cleaning Services Jim Lord Agency (970) 625-4742 PO Box 5424 829 Railroad Ave Eagle, CO 81631 Rifle, CO 81650-3511 (140/307) This certificate is Issued as a matter ot information only and confers no rights upon the Certificate Holder. This certificate does not amend, extend or alter the coverage afforded by the policies listed below. "mis io °runty Mal Mk:KA c4Insurancaliste0b9low nay !Joon istiu90101119 insurod namod 0Y9 101'1119 policy porlod nolwIllis.IF. any '1+01091)19M, lann or conOillon Many co1lo0c1 or 011191* wilhmsp9011!) which Min corlificala Itioy ihealfld or may parlain, h, innurarica affortiod by Ma policion thumbed ham& in tabled lo all Ma larmn, InCILIZLiOntl, and condilionn of nuth TOLICY„.DATE TYPE OF INSURANCE POLICY NUMBER EFFEC r IVE E Xt" I RAT ION LIMITS OF LIABILITY (Rib, seit ■Mo, Day, '1,11 .... " Bodily Injury and Properly Damage Homeowners/ Mobilehomeowners Liability Fact occurrenc9 ,000 ...... .. .. ..... .. .. , . • • • • . .. • • . . Injurylvd Damage Boatowners Liability Each Occurranco 000 . .„. „. Bodily Injury and Proorly Daincipa Personal Umbrella Liability Eat-J, Occurrance ,000 & Pareonal Liibitily Farm/Ranch Liability Each Occurtanca 000 Earrn Ernoloymen Each Occurrance 000 . Workers Compensation and Employers Liability T 0:ach Accid ,000 Dinetanri F.ach Employme ,000 DISEit3Se u1111 ,666 General Liability Gannral Agoringala 2 ,000 Pcj Commercial General producis • Comp101ed 000r9110ft Acjgr9010 $ 2,000 000 Liability (occurrence) 1:111 05XR2929-01 3/3/2011 3/3/2012 Personal am, Adyerl isin g Injury ■ 000 ,000 Each 000.011:0110Ei 1,000 ,000_ 100 Aog, Dema0 Pannises H0116010 You Madical Expanna (Any Ono Borson) Each Occurroncot t 000 Businessowners Liability Nooradalot ,000 Connon ,666 Liquor Liability Aggrogal9limil ,000 Automobile Liability Bodily Injury Eh Pornon ,000 "..] Any Auto 11 All Owned Autos Bodily Injury Foch Accideinl ,000 • Scheduled Autos Proporly Darne0a ,000 . Hired Auto Nonowned Autos Bodily Injury and Prowaily rlarnago Combinnd $ ,000 Excess Liability E) Commercial Blanket Excess Each Ociadtancadkogragal 000 „ . Other (Miscellaneous Coverages) optOni PT ION OF OPERATI ON81 MAT ION8 / VE (1E8 / IRE&TRIOTION8 ai"POIAL ITEMe t Tim irnliwidwilos ;Althea:Owl ;oz; mod EH,. 1:71,14ve, olodeKI to be, couegod nmploynot undm itP10(.194U-00111p1010d VAtik016i:; ):,11 06h oaliit000 limit told is in du in polio, ;0!jf6f,ISI El Should any of the above described policies be cancelled before the • Eagle cot) nty I-1 Liman Services expiration date thereof, the company will endeavor to mail *( days) Po Box 660 written notice to the Certificate Holder named, but failure to mail such notice shall impose no obligation or liability of any kind Upon the Eagle CO 81631 company, its agents or representatives. *10 days unless different number of days sbown, [K1 This certifies coverne on the date of issue only. The above described policies are subject to cancellation in conformity with their Fax ti 970-328-8829 terms and by the laws of the state of issue, VATE11"Pgitipo AuT8111ikzpo rippikEtintrATIVE. 3/15/2011 Cristine Venzor U-201 Ed. 6/00 Stock No. 06668 Rev. 7/02