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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.
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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
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(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
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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