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HomeMy WebLinkAboutC14-204 Tyson Ivie Agreement for Services AGREEMENT FOR SERVICES BETWEEN EAGLE COUNTY,COLORADO AND TYSON IVIE 21 THIS AGREEMENT("Agreement")is effective as of the day of M Q 2014 by and between Tyson Ivie an individual(hereinafter"Contractor")and Eagle County, Colorado, a body corporate and politic(hereinafter"County"). WHEREAS, the County, through its Department of Human Services ("HHS") works to promote the health, safety and welfare of County residents of all ages; and WHEREAS,the County uses outside providers and professionals to enhance the ability of County to promote such health, safety and welfare;and WHEREAS, among the services the County provides in order to promote such health, safety and welfare are services to assist residents of the County who are veterans; and WHEREAS,pursuant to C.R.S. §28-5-801 et. seq., the County is to appoint a County Veterans Service Officer;and WHEREAS,Contractor has represented that he has the experience and knowledge in the subject matter necessary to serve as a County's Veterans Service Officer and to carry out the services defined below in paragraph 1 hereof; and WHEREAS,County has an existing Veterans Service Officer and desires to supplement and support the services currently being provided by the appointment of an additional Veteran's Service Office;and WHEREAS,Contractor was appointed as a supplemental Veterans Service Officer,by resolution of even date herewith; and WHEREAS,this Agreement shall govern the relationship between Contractor and County in connection with the services. AGREEMENT NOW,THEREFORE,in consideration of the foregoing and the following promises Contractor and County agree as follows: 1. Services or Work. Contractor agrees to diligently provide all services,labor,personnel and materials necessary to perform and complete the services or work described in Exhibit A ("Services"or"Work")which is attached hereto and incorporated herein by reference.The Services shall be performed in accordance with the provisions and conditions of this Agreement. • a. Contractor agrees to serve as the County's second and supplemental Veterans Service Officer,and further agrees to provide the services more particularly set forth in the attached Exhibit"A"labeled Scope of Services(hereinafter called the"Veterans Service Officer Services"or the"Services")incorporated herein by reference. The Services are generally described as providing assistance to any resident of the State of Colorado who is a veteran,or their surviving spouse,administrator,executor,guardian,conservator,or heir of any said veteran, or any other person who may have a proper claim,by the filing of claims for insurance,pensions, compensation for disability,hospitalization,vocational training,or any other benefits which such person may be or have been entitled to receive under the laws of the United States or the State of Colorado by reason of such service.Contractor has agreed to perform the Services and has represented that he has the expertise necessary to properly and timely perform the Services. b. In the event of any conflict or inconsistency between the terms and conditions set forth in Exhibit A and the terms and conditions set forth in this Agreement,the terms and conditions set forth in this Agreement shall prevail. 2. County's Representative. The Economic Services Department's designee shall be Contractor's contact with respect to this Agreement and performance of the Services. 3. Term of the Agreement. This Agreement shall commence upon the date first written above, and subject to the provisions of paragraph 11 hereof, shall continue in full force and effect through the 31s day of May 2015.The Agreement shall automatically renew upon the same terms and conditions for an additional year through the 31st day of May 2016. 4. Extension or Modification. This Agreement is time limited to the length of the appointment by the Board of County Commissioners. Any amendments or modifications shall be in writing signed by both parties.No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by County for such additional services in accordance with County's internal policies. Accordingly,no course of conduct or dealings between the parties, nor verbal change orders, express or implied acceptance of alterations or additions to the Services, and no claim that County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. In the event that written authorization and acknowledgment by County for such additional services is not timely executed and issued in strict accordance with this Agreement, Contractor's rights with respect to such additional services shall be deemed waived and such failure shall result in non-payment for such additional services or work performed. 5. Compensation. County shall compensate Contractor for the performance of the Services in a sum computed and payable as set forth in Exhibit A. The performance of the Services under this Agreement shall not exceed$625 per month. Contractor shall not be entitled to bill at 2 overtime and/or double time rates for work done outside of normal business hours unless specifically authorized in writing by County. a. For reimbursement Contractor must submit invoices monthly by the 20th day of the month following the month being invoiced for. Invoices shall include a description of the Services performed. If County is not satisfied with the completeness of a submitted invoice, County may request Contractor to either revise the invoice or provide additional information. Payment will be made for Services satisfactorily performed within thirty(30)days of receipt of a proper and accurate invoice from Contractor. All invoices shall include detail regarding the hours spent,tasks performed,who performed each task and such other detail as County may request. All invoices must be mailed or delivered in-person to the following address to ensure proper payment. Invoices sent by fax or email will not be accepted. Eagle County Human Services Business Office 550 Broadway P.O.Box 660 Eagle,CO 81631 b. If, at any time during the term or after termination or expiration of this Agreement, County reasonably determines that any payment made by County to Contractor was improper because the Services for which payment was made were not performed as set forth in this Agreement,then upon written notice of such determination and request for reimbursement from County, Contractor shall forthwith return such payment(s)to County. Upon termination or expiration of this Agreement,unexpended funds advanced by County,if any, shall forthwith be returned to County. c. All funds received by Contractor under this Agreement shall be or have been expended solely for the purpose for which granted, and any funds not so expended,including funds lost or diverted for other purposes, shall be returned to County. Contractor shall provide the County with progress reports upon County's request;or Contractor shall furnish progress reports as more specifically set forth in the attached Exhibit A. d. County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. e. Notwithstanding anything to the contrary contained in this Agreement,County shall have no obligations under this Agreement after,nor shall any payments be made to Contractor in respect of any period after December 31 of any year, without an appropriation 3 therefor by County in accordance with a budget County Local Government in compliance with Article 25,title 30 of the Co lorado Revised Statutes,the nment Budget Law(C.R.S. 29-1-101 et. seq.)and the TABOR Amendment(Colorado Constitution, Article X,Sec.20). 6. Subcontractors. Contractor acknowledges that entered r Agreement not enter in reliance upon the particular reputation and expertise of Contractor. Contractor shall into any subcontractor agreements for the performance of any of the Services or additional services without County's prior written consent,which may be withheld in County's discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the subject Project during the performance of this Agreement and no personnel to whom County has an objection,in its reasonable discretion,shall be assigned to the Project. Contractor shall require each subcontractor,as approved by County and to the extent of the Services to be performed by the subcontractor,to be bound to Contractor by the terms of this Agreement, and to assume toward Contractor all the obligations and responsibilities which Contractor,by this Agreement.assumes toward County.County shall have the right(but not the obligation)to enforce the provisions of this Agreement against any subcontractor hired by Contractor and Contractor shall cooperate in such process.The Contractor shall be responsible for the acts and omissions of its agents,employees and subcontractors. 7. Insurance. Contractor will maintain liability,unemployment and workman's compensation insurance on his own behalf and in such amounts as is appropriate for the Services being performed. 8. Indemnification. The Contractor shall indemnify and hold harmless County, and any of its officers,agents and employees against any losses,claims,damages or liabilities for which County may become subject to insofar as any such losses,claims,damages or liabilities arise out of,directly or indirectly,this Agreement,or are based upon any performance or nonperformance by Contractor or any of its subcontractors hereunder;including claims for bodily injury or personal injury including death or loss or damage to tangible or intangible property; and Contractor shall reimburse County for reasonable attorney fees and costs,legal and other expenses incurred by County in connection with investigating or defending any such loss,claim, damage,liability or action. This indemnification shall not apply to claims by third parties against the County to the extent that County is liable to such third party for such claims without regard to the involvement of the Contractor. This paragraph shall survive expiration or termination hereof. 9. Ownership of Documents. All documents(including electronic files)and materials obtained during,purchased or prepared in the performance of the Services shall remain the 4 property of the County and are to be delivered to County before final payment is made to Contractor or upon earlier termination of this Agreement. 10. Notice. Any notice required by this Agreement shall be deemed properly delivered when (i)personally delivered,or(ii)when mailed in the United States mail,first class postage prepaid, or(iii)when delivered by FedEx or other comparable courier service,charges prepaid,to the parties at their respective addresses listed below,or(iv)when sent via facsimile so long as the sending party can provide facsimile machine or other confirmation showing the date,time and receiving facsimile number for the transmission,or(v)when transmitted via e-mail with confirmation of receipt. Either party may change its address for purposes of this paragraph by giving five(5)days prior written notice of such change to the other party. COUNTY: Eagle County,Colorado Attention:Megan Burch Economic Services Manager Department of Human Services 100 W.Beaver Creek Blvd 107 Avon,CO 81620 Post Office Box 850 Eagle,CO 81631 Telephone: 970-328-8815 Facsimile: 855-846-0751 E-Mail: megan.burch @eaglecounty.us With a copy to: Eagle County Attorney 500 Broadway Post Office Box 850 Eagle,Co 81631 Telephone: 970-328-8685 Facsimile: 970-328-8699 E-Mail: atty@eaglecounty.us CONTRACTOR: Tyson Ivie PO Box 1087 Eagle,CO 81631 Telephone: 970-47 1-9013 E-Mail: luckyivie23@gmail.com 5 11. Termination. County may terminate this Agreement,in whole or in part, at any time and for any reason, with or without cause,and without penalty therefor with seven(7)calendar days' prior written notice to the Contractor. Upon termination of this Agreement, Contractor shall immediately provide County with all documents as defined in paragraph 9 hereof,in such format as County shall direct and shall return all County owned materials and documents.County shall pay Contractor for Services satisfactorily performed to the date of termination. 12. Venue,Jurisdiction and Applicable Law. Any and all claims,disputes or controversies related to this Agreement,or breach thereof,shall be litigated in the District Court for Eagle County,Colorado,which shall be the sole and exclusive forum for such litigation. This Agreement shall be construed and interpreted under and shall be governed by the laws of the State of Colorado. 13. Execution by Counterparts;Electronic Signatures. This Agreement may be executed in two or more counterparts,each of which shall be deemed an original,but all of which shall constitute one and the same instrument. The parties approve the use of electronic signatures for execution of this Agreement.Only the following two forms of electronic signatures shall be permitted to bind the parties to this Agreement: (i) Electronic or facsimile delivery of a fully executed copy of the signature page;(ii) the image of the signature of an authorized signer inserted onto PDF format documents. All documents must be properly notarized,if applicable. All use of electronic signatures shall be governed by the Uniform Electronic Transactions Act, C.R.S.24-71.3-101 to 121. 14. Other Contract Requirements and Contractor Representations. a. Contractor has familiarized itself with the nature and extent of the Services to be provided hereunder and the Property,and with all local conditions,federal, state and local laws, ordinances,rules and regulations that in any manner affect cost,progress,or performance of the Services. b. Contractor will make,or cause to be made,examinations,investigations,and tests as he deems necessary for the performance of the Services. c. To the extent possible, Contractor has correlated the results of such observations, examinations,investigations,tests,reports, and data with the terms and conditions of this Agreement. d. To the extent possible,Contractor has given County written notice of all conflicts, errors,or discrepancies. 6 e. Contractor shall be responsible for the completeness and accuracy of the Services and shall correct, at its sole expense,all significant errors and omissions in performance of the Services. The fact that the County has accepted or approved the Services shall not relieve Contractor of any of its responsibilities. Contractor shall perform the Services in a skillful, professional and competent manner and in accordance with the standard of care, skill and diligence applicable to contractors performing similar services. Contractor represents and warrants that it has the expertise and personnel necessary to properly perform the Services and shall comply with the highest standards of customer service to the public. Contractor shall provide appropriate supervision to its employees to ensure the Services are performed in accordance with this Agreement. In the event County finds these standards of customer service are not being met by Contractor,County may terminate this Agreement,in whole or in part,upon seven(7)days' notice to Contractor.This paragraph shall survive termination of this Agreement. f. Contractor agrees to work in an expeditious manner,within the sound exercise of its judgment and professional standards,in the performance of this Agreement. Time is of the essence with respect to this Agreement. g. This Agreement constitutes an agreement for performance of the Services by Contractor as an independent contractor and not as an employee of County. Nothing contained in this Agreement shall be deemed to create a relationship of employer-employee,master- servant,partnership,joint venture or any other relationship between County and Contractor except that of independent contractor. Contractor shall have no authority to bind County. l� Y Y h. Contractor represents and warrants that at all times in the performance of the Services,Contractor shall comply with any and all applicable laws,codes,rules and regulations. i. This Agreement contains the entire agreement between the parties with respect to the subject matter hereof and supersedes all other agreements or understanding between the parties with respect thereto. j. Contractor shall not assign any portion of this Agreement without the prior written consent of the County. Any attempt to assign this Agreement without such consent shall be void. k. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective permitted assigns and successors in interest.Enforcement of this Agreement and all rights and obligations hereunder are reserved solely for the parties,and not to any third party. 7 1. No failure or delay by either party in the exercise of any right hereunder shall constitute a waiver thereof. No waiver of any breach shall be deemed a waiver of any preceding or succeeding breach. m. The invalidity,illegality or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision hereof. n. The signatories to this Agreement aver to their knowledge no employee of the County has any personal or beneficial interest whatsoever in the Services or Property described in this Agreement.The Contractor has no beneficial interest,direct or indirect,that would conflict in any manner or degree with the performance of the Services and Contractor shall not employ any person having such known interests. o. The Contractor,if a natural person eighteen(18)years of age or older,hereby swears and affirms under penalty of perjury that he or she(i)is a citizen or otherwise lawfully present in the United States pursuant to federal law, (ii)to the extent applicable shall comply with C.R.S. 24-76.5-103 prior to the effective date of this Agreement. p. Contractor shall comply with the Civil Rights Act of 196 and Section 504, Rehabilitation Act of 1973,concerning discrimination on the basis of race,color, sex,age, religion,political beliefs,national origin or handicap. 15. Prohibitions on Government Contracts. 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 Agreement. By execution of this Agreement,Contractor certifies that it does not knowingly employ or contract with an illegal alien who will perform under this Agreement 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 Services under this Agreement. a. Contractor shall not: i. Knowingly employ or contract with an illegal alien to perform Services under this Agreement;or ii. Enter into a subcontract 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. 8 b. Contractor has confirmed the employment eligibility of all employees who are newly hired for employment to perform Services under this Agreement 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. 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 Contractor obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien, Contractor shall be required to: i. Notify the subcontractor and County within three (3) days that 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 (3) 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 established in C.R.S. 8-17.5-102(5). f. If Contractor violates these prohibitions,County may terminate the Agreement for breach of contract. If the Agreement is so terminated specifically for breach of this provision of this Agreement, Contractor shall be liable for actual and consequential damages to County as required by law. g. County will notify the Colorado Secretary of State if Contractor violates this provision of this Agreement and County terminates the Agreement for such breach. [Rest of page intentionally left blank] 9 IN WITNESS WHEREOF,the parties have executed this Agreement the day and year first set forth above. COUNTY OF EAGLE,STATE OF COLORADO By and through its County Manager By: 11 Zw , A Keith P.Montag,County ager CONTRACTOR: TYSON TVIE By:, c Print Name: S n/ . ✓) 10 EXHIBIT A SCOPE OF SERVICES Description of Services: Eagle County will have two active Veterans Service Officers to fulfill the duties of the office. This contract and scope of work assumes duties will be split between the two appointed officers. The services provided shall be consistent with the Colorado Revised Statues §28-5-803 and §28- 5-804 which state: It is the duty of the county veterans services officer and his or her assistant to assist any resident of the state of Colorado who is a veteran, or their surviving spouse, administrator,executor, guardian,conservator,or heir of any said veteran,or any other person who may have proper claim,by the filing of claims for insurance,pensions,compensation for disability, hospitalization, vocational training,or any other benefits which such person may be or may have been entitled to receive under the laws of the United States or the state of Colorado by reason of such service. The county veterans service officer shall cooperate with the division of veterans affairs,its officers and employees, and other national,state,or county veterans service officers in the performance of his or her duties. He or she,on request, shall assist the division in every reasonable way,including the rendering of any reports requested by the division and the handling or processing of any veterans cases or other matters according to standard procedures established by the division in furtherance of efficient and prompt service to all veterans in the state of Colorado on a uniform basis. Such officer shall always work in the best interest of his or her clients in an attempt to maximize the amount of federal veteran benefits that they receive. Additionally,the county veterans service officer shall undertake programs and engage in activities to reduce state public assistance expenditures as directed by the division. Contractor shall maintain office hours and provide in-person services at least one day per month in Eagle County. This includes Avon,Eagle and El Jebel County office locations. Contractor has agreed to otherwise provide veterans services by telephone on an as-needed basis. The approximate work for the two VSOs is 60 hours per month to be split evenly between the two officers. Expenses for mileage to fulfill duties of VSO including travel to meet with Veterans and to provide outreach services will be reimbursed at the standard Eagle County rates. Contractor shall keep knowledge and skills for performance of duties as Veterans Service Officer current through review of information and learning materials provided by the Colorado State Veterans office and by attending the annual Veterans Service Officer training conference. Contractor will attend the annual Veterans Service Officer training conference. Expenses for mileage, accommodations and meals to attend the conference will be reimbursed at the standard Eagle County rates. 11 Contractor shall be responsible for the completeness and accuracy of the Veterans Service Officer Services he/she provides. 12