HomeMy WebLinkAboutC13-097 Marie Geni Garcia AgreementAGREEMENT BETWEEN EAGLE COUNTY AND MARIE GENI GARCIA This Agreement (“Agreement”)dated as of this ____ day of ift}2 YI ,2013,is between the County of Eagle,State of Colorado,a body corporate and politic,ly and through its County Manager (“County”),with a mailing address of 500 Broadway,Post Office Box 850,Eagle,CO 81631 and Marie Geni Garcia,an individual with a mailing address of P.O.Box 142,Avon CO 81620 (“Contractor”). WITNESSETH: Whereas,the County,through its Department of Public Health,works to promote the health, safety and welfare of County residents of all ages;and Whereas,among the services the County provides in order to promote such health,safety and welfare include the administration of exercise programming for Eagle County Seniors;and Whereas,the use of outside providers to provide exercise programming enhances the ability of the County to promote health,safety and welfare in the community;and Whereas,Contractor is a provider of such exercise programming service,and the County wishes to contract with Contractor for the provision of such services. Now,therefore,in consideration of the foregoing premises and the following promises,County and Contractor enter into this Agreement. I:SCOPE A.Contractor shall provide senior-appropriate exercise classes one time per week at the Golden Eagle Senior Center at 715 Broadway,Eagle,Colorado 81631 and one time per week at the Maloit Park Senior Weliness Center at 1951 South HWY 24,Mintum,Colorado 81645 (the “Services”). B.Unless otherwise agreed upon by the County,the Services shall be provided each week during the term of this Agreement on the following days and times: •Eagle:Thursday 11 :OOa-l2:OOp •Mintum:Friday lO:30a-11:30a C.In the event that the Contractor is unavailable to provide the Services,County may elect to contract for the services of an exercise specialist not employed or retained by Contractor. Contractor agrees that it will provide County with as much advanced notice as is reasonable whenever the Contractor will not be available on a particular date to provide the Services. II:TERM A.This Agreement shall commence on April 15,2013,and shall terminate on December 31, 2013. B.Any revision,amendment or modification of this Agreement shall be valid only if in writing and signed by all parties.Except as may be expressly altered by the amendment,all terms and conditions of this Agreement shall control. III:COMPENSATION A.The County will pay the Contractor a fee of $20.00 per class,not to exceed an annual amount of $1,280.00.The County will additionally reimburse Contractor for the cost of the Liability Insurance Contractor is required to obtain pursuant to Section X below,in amount not to exceed $220.00.The total contract amount shall not exceed $1,500.00 without a signed amendment to this Agreement.Contractor shall submit monthly invoices to County for Services provided during the prior month.Invoices will be paid through the County’s usual bill paying process within thirty (30)days of County’s receipt of a complete and accurate invoice from Contractor.Contractor shall provide County with supporting information as requested by County. B.If’,prior to payment of compensation or reimbursement for services,but after submission to County of a request therefore by Contractor,County reasonably determines that payment as requested would be improper because the services were not performed as prescribed by the provisions of this Agreement,the County shall have no obligation to make such payment.If,at any time after or during the Term or after termination of this Agreement as hereinafter provided or expiration of this Agreement,Countyreasonably determines that any payment theretofore paid by County to Contractor was improper because the services for which payment was made were not performed as prescribed by the provisions of this Agreement,then upon written notice of such determination and request for reimbursement from County,Contractor shall forthwith return such payment to County.Upon termination of this Agreement as hereinafter provided or expiration of the Term,any unexpended funds advanced by County to Contractor shall forthwith be returned to County. C.The 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. D.Notwithstanding anything to the contrary contained in this Agreement,no charges shall be made to the County nor shall any payment be made to the Contractor in excess of the amount for any work done without the written approval in accordance with a budget adopted by the Eagle County Board of County Commissioners in accordance with provisions of the Colorado Revised Statutes.Moreover,the parties agree that the County is a governmental entity and that all obligations beyond the current fiscal year are subject to funds being budgeted and appropriated. IV:PROHIBITIONS ON PUBLIC CONTRACT fOR SERVICES If Contractor/Consultant has any employees or subcontractors,Contractor/Consultant shall comply with C.R.$.§8-17.5-101,et seq.,regarding Illegal Aliens —Public Contracts for 2 Services,and this Contract.By execution of this Contract,Contractor/Consultant certifies that it does not knowingly employ or contract with an illegal alien who will perform under this Contract and that Contractor/Consultant 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/Consultant 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/Consultant that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under the public contract for services. B.Contractor/Consultant 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/prograrns/gc 1 185221678150.shtm C.The Contractor/Consultant 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/Consultant obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien,the Contractor/Consultant shall be required to: (i)Notify the subcontractor and the County within three days that the Contractor/Consultant 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/Consultant shall not terminate the contract with the subcontractor if during such three days the subcontractor provides infonTlation to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. E.The Contractor/Consultant shall comply with any reasonable request by the Department of Labor and Employment made in the course of an investigation that 3 the department is undertaking pursuant to its authority established in C.R.S.§8- 17.5-102(5). F.If a Contractor/Consultant 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/Consultant 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/Consultant violates this provision of this Contract and the County terminates the Contract for such breach. V.TERMINATION County may terminate this Agreement,in whole or in part,for any reason,at any time,with or without cause.Any such termination shall be effected by delivery to Contractor of a written notice of termination specifying the reason and date upon which termination becomes effective. In such event,Contractor shall be compensated for all Services satisfactorily completed up to the date of termination for such Services.In the event the Contractor files for bankruptcy or is declared bankrupt,the County may declare in writing that this Agreement is immediately terminated,and all rights of Contractor and obligations of County are terminated,except payment of accrued but unpaid fees as set forth herein. VI.CONTRACTOR’S DUTIES A.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. B.Contractor shall maintain,for a minimum of 3 years,adequate financial and programmatic records for reporting to County on perfonnance of its responsibilities hereunder. Contractor shall be subject to financial audit by federal,state or county auditors or their designees.Contractor authorizes County to perform audits or to make inspections during normal business hours,upon 48 hours notice to Contractor,for the purpose of evaluating performance under this Agreement.Contractor shall cooperate fully with authorized HHS representatives in the observation and evaluation of the program and records.Contractor shall have the right to dispute any claims of misuse of funds and seek an amicable resolution with County. C.Contractor shall comply with all applicable federal,state and local rules,regulations and laws governing services of the kind provided by Contractor under this Agreement.Upon execution of this Agreement,Contractor shall provide County with a copy of the most recent exercise certifications for the Contractor demonstrating she has the knowledge and expertise to provide the Services outlined in this Agreement,and a copy of her current CPR certification 4 card.Copies of the certifications required by this Agreement shall be attached hereto as Exhibit “and incorporated herein by reference. D.Contractor shall assure that the service described herein is provided to the County at a cost not greater than that charged to other persons in the same community. E.Contractor shall safeguard information and confidentiality of all clients in accordance with rules of Eagle County Health &Human Services,and the Health Information Privacy and Accountability Act. WI.NOTICE Any notice required under this Agreement shall be given in writing by registered or certified mail;return receipt requested which shall be addressed as follows: COUNTY:CONTRACTOR: Karen Koenemann,Healthy Communities Manger Marie Geni Garcia Eagle County Public Health P0 Box 142 P0 Box 660 Avon,Co $1620 Eagle,CO $1631 (970)-949-4367 (970)32$-2610 Karen.Koenemanneaglecounty.us Notice shall be deemed given three (3)days after the date of deposit in a regular depository of the United States Postal Service. VIII.ASSIGNMENT Contractor shall not assign any of its rights or duties under this Agreement to a third party without the prior written consent of County.County shall terminate this Agreement in the event of any assignment without its prior written consent of County. IX.MODIFICATION Any revision,amendment or modification of this Agreement shall be valid only if in writing and signed by all parties. X.INSURANCE Type of Insurance Coverage Limits Professional Liability Insurance $1,000,000 per occurrence General liability insurance $1,000,000 per occurrence 5 Contractor shall purchase and maintain such insurance as required above and shall provide certificates of insurance in a form acceptable to County upon execution of this Agreement.The Certificate of Insurance shall be attached hereto as Exhibit “B”. XI.MISCELLANEOUS A.The relationship of Contractor to County is that of independent contractor.No agent, employee or volunteer of Contractor shall be deemed to be an agent,employee or volunteer of County. B.In the event of litigation in connection with this Agreement,the prevailing party shall be entitled to recover all reasonable costs incurred.including attorney fees,costs,staff time and other claim related expense. C.Invalidity or unenforceability of any provision of this Agreement shall not affect the other provisions hereof,and this Agreement shall be construed as if such invalid or unenforceable provision was omitted. D.The Contractor shall,to the fullest extent permitted by law,indemnify and hold harmless the County and any of its officers,agents and employees against any losses,claims,damages or liabilities for which the County or any of its officers,agents,or employees 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 hereunder; and Contractor shall reimburse the County for any and all legal and other expenses incurred by the 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 the County is solely liable to such third party for such claim without regard to the involvement of the Contractor. E.Contractor shall comply at all times and in all respects with all applicable federal,state and local laws,resolutions,and codes. F.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 3 1St of the calendar year of the Term of this Agreement, without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with the provisions of Article 25,Title 30 of the Colorado Revised Statutes,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 governed by the laws of the State of Colorado.Jurisdiction and venue for any suit,right or cause of action arising under,or in connection with this Agreement shall be exclusive in Eagle County,Colorado. 6 H.This Agreement supersedes all previous communications,negotiations and/or agreements between the respective parties hereto,either verbal or written,and the same not expressly contained herein are hereby withdrawn and annulled.This is an integrated agreement and there are no representations about any of the subject matter hereof except as expressly set forth in this Agreement. I.This Agreement does not,and shall not be deemed or construed to,confer upon or grant to any third party or parties any right to claim damages or to bring any suit,action or other proceeding against either Contractor or County because of any breach hereof or because of any of the terms,covenants,agreements and conditions herein. J.Contractor certifies that it has read the Agreement,understands each and every term and the requirements set forth herein,and agrees to comply with the same. K.This Agreement shall be executed in triplicate and may be executed in counterparts, which when taken together,shall constitute the entire agreement of the parties.Two originals of the Agreement have been delivered to County and one to Contractor. [SIGNATURE PAGE TO FOLLOW] 7 IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the day and year first above written. STATE OF COUNTY Of EAGLE,STATE OF COLORADO By and through its County Manager By: Keith ontag,County Mai(jr CONTRACTOR By:1Th&4LQ Marie Geni Garcia,Exercise Specialist )SS. 3 ASHLEY L WOOD NOTARY PUBUC STATE OF COLORADO NOTARY 20124004918 OMISION EXPIRES 712512016 COUNTY OF ) foregoing instniWent was acknowledged before me by -Eir jQ dayof ,20l3 )tary Public ‘E7flVCLc My commission expires:)t 8 EXHIBIT A EXERCISE AND CPR CERTIFICATIONS (Exercise and CPR Certifications to be inserted as Exhibit A) 9 EXHIBIT B INSURANCE CERTIFICATIONS (Insurance Certifications to be inserted as Exhibit B) 10 c.CIciift0rPCS0CbrL7\0-.i-,C.ñç)rtrj0:s-rt‘NCbC20r’n0 ______ CERTIFICATE OF LIABILITY INSURANCE I DATE(MWDDA’YYY) HIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS ERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, HIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZEE REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. MPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.If SUBROGATION IS WAIVED,subject to th erms and conditions of the policy,certain policies may require an endorsement A statement on this certificate does not confer rights to th :ertificate holder in lieu of such endorsement(s). RODUCER CONTACT NAME:Mass Merchandising K&K Insurance Group,Inc.PHONE (NC,No.Ext):1-800-506-4856 IFAX(NC,No):1-260-459-5590 1712 Magnavox Way Fort Wayne IN 46804 E-MAIL ADDRESS:Info@fltnesslnsUrance-kk.Com NSURED 2000107118 CP#801 INSURER(S)AFFORDING COVERAGE NAIC# Marie Geni Garcia INSURER A:Nationwide MutUal Insurance Company 23787 PC Box 142 INSURER B: Won,CO 81620 INSURER C: Member of the Sports,Leisure &Entertainment RPG INSURER D: COVERAGES CERTIFICATE NUMBER:2000091371 REVISION NUMBER: I MIO 0 U LDr<I 1IY I MAI I Mb lULIbIb0 Ufr O’JOURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED AidUVE l-U I HE l-’ULIGY PERIOD INDICATED, \IOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE SSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS 01 SUCH POLICIES.LIMtS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS ADDL SUBR POLICY EFF POLICY EXPRTYPEOFINSURANCEPOLICYNUMBER LIMITSINSRWVO(MMIDDA’Y)(MMIDDIYY) ‘ A GENERAL LIABILITY 6BRPG0000005359000 04/09/13 04/09/14 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY 12:01 AM 12:01 AM DAMAGETO RENTED MED EXP (Any one person)$5,000ICLAIMMADEOCCUR PREMISES (Ea occurrence)$300,000 PERSONAL &ADV INJURY $1,000,000 GENERAL AGGREGATE $5,000,000 GENL AGGREGATE LIMIT APPLIES PER:PRODUCTS-COMP/OP AGG $1,000,000 POLICY PROJECT LOC PROFESSIONAL LIABILITY $1,000,000 LEGAL LIAB TO PARTICIPANTS $1,000,000 COMBINED SINGLE LIMITAUTOMOBILELIABILITY‘Es Accident) ANY AUTO BODILY INJURY (Per person) BODILY INJURY (Per accident)ALL OWNED AUTOS AUTOS HSCHEDULED NON-OWNED PROPERTY DAMAGEHIREDAUTOSAUTOS(Peraccldent) X Not provided while in Hawaii UMBRELLALIAB EOCCUR — —EACHOCCURRENCE AGGREGATEEXCESSLIABMADE DED CLAIMS- RETENTION lDIKERS COMPENSATION ——IWCSTATU-I I1ANDEMPLOYERS’LIABILITY YIN ITORY LIMITS I ER ANY PROPRIECOR!PARTNER/L1 N I A EL EACH ACCIDENTEXECUTIVEOFFICER1WEMBER EXCLUDED?EL.DISEASE —EA EMPLOYEE(Mandatory In NH) If yes,descnbe under EL.DISEASE —POLICY LIMITDESCRIPTIONOFOPERATIONSbelow MEDICAL PAYMENTS FOR PRIMARY MEDICALPARTICIPANTS EXCESS MEDICAL $CRIPTIoN OF OPERATIONS!LOCATIONS!VEHICr TAtACORD 101,Additional Remarks Schedtb,If more space Is required) Certified Instructor of:Strength Abuse,Molestation,Harassment or Sexual Conduct Defense Cost Reimbursement -$100,000 CERTIFICATE HOLDER CANCELLATION BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WiTH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Evidence of Coverage SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED w Coverage is only extended to U.S.events and activities. **NOTICE TO TEXAS INSUREDS:The Insurer for the purchasing group may not be subject to all the insurance laws and regulations of the State of Texas. ACORD 25 (2010/05)©1988-2010 ACORD CORPORATION.All rights reserved. The ACORD name and logo are registered marks of ACORD ACORD