HomeMy WebLinkAboutC19-038 Phyllis DornDocuSign Envelope ID: A9B1B801-2038-45D7-A03B-BDBB5B35AOD2
AGREEMENT FOR SERVICES
BETWEEN EAGLE COUNTY, COLORADO
AND
Phyllis Dorn
THIS AGREEMENT ("Agreement") is effective as of the 1/31/2019 , by and between Phyllis Dorn
an individual contractor (hereinafter "Contractor") and Eagle County, Colorado, a body corporate and politic
(hereinafter "County").
RECITALS
WHEREAS, the County, through its Department of Human Services ("DHS") 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, Eagle County is committed to supporting early childhood care and education to ensure that all children
develop a strong foundation for learning and life. The project will address the need for high quality parenting and
early childhood development instruction available and accessible to families and increased coordination of
childhood family services for more efficient expenditure of resources. This work will ultimately help the county
reach its strategic goal: Great Place to Live for All. (the "Property"); and
WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time, skill, expertise, and
experience necessary to provide the Services as defined below in paragraph 1 hereof, 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 furnish the Services no later than December 31, 2019 and in accordance with
the schedule established in Exhibit A. If no completion date is specified in Exhibit A, then Contractor agrees to
furnish the Services in a timely and expeditious manner consistent with the applicable standard of care. By signing
below Contractor represents that it has the expertise and personnel 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.
DocuSign Envelope ID: A9B1B801-2038-45D7-AO3B-BDBB5B35AOD2
2. County's Representative. The Human 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 31 st day of December ,
2019.
4. Extension or Modification. This Agreement may be extended for up to three additional one year terms
upon written agreement of the parties. 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 $10,450 Contractor shall not be entitled to bill at 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 quarterly. 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 submitted via email to: dhsacctpayable@eaglecounty.us to ensure proper payment.
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.
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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 therefor by County in accordance with a budget adopted by the
Board of County Commissioners in compliance with 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).
6. Subcontractors. Contractor acknowledges that County has entered into this Agreement in reliance upon the
particular reputation and expertise of Contractor. Contractor shall not enter 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 sole 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 agrees to provide and maintain at Contractor's sole cost and expense, the following
insurance coverage with limits of liability not less than those stated below:
a. Types of Insurance.
Workers' Compensation insurance as required by law.
ii. Auto coverage with limits of liability not less than $1,000,000 each accident combined
bodily injury and property damage liability insurance, including coverage for owned, hired, and non -owned
vehicles.
b. Other Requirements.
i. The automobile and commercial general liability coverage and as set forth above shall be
endorsed to include Eagle County, its associated or affiliated entities, its successors and assigns, elected officials,
employees, agents and volunteers as additional insureds. A certificate of insurance consistent with the foregoing
requirements is attached hereto as Exhibit B.
ii. Contractor's certificates of insurance shall include subcontractors, if any as additional
insureds under its policies or Contractor shall furnish to County separate certificates and endorsements for each
subcontractor.
iii. The insurance provisions of this Agreement shall survive expiration or
termination hereof.
iv. The parties hereto understand and agree that the County is relying on, and does
not waive or intend to waive by any provision of this Agreement, the monetary limitations or rights, immunities and
protections provided by the Colorado Governmental Immunity Act, as from time to time amended, or otherwise
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available to County, its affiliated entities, successors or assigns, its elected officials, employees, agents and
volunteers.
V. Contractor is not entitled to workers' compensation benefits except as
provided by the Contractor, nor to unemployment insurance benefits unless unemployment compensation coverage
is provided by Contractor or some other entity. The Contractor is obligated to pay all federal and state income tax
on any moneys paid pursuant to this Agreement.
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 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: Leigh Carlson -Hernandez
500 Broadway
Post Office Box 850
Eagle, CO 81631
Telephone: 970-328-2609
E -Mail: leigh.carlson-hemandez@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
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CONTRACTOR:
Phyllis Dorn
PO Box 2122
Vail, CO 81658
p: (720) 217-9885
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 therefore 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.
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
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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.
£ 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.
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.
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.
As used in this Section 15, the term undocumented individual will refer to those individuals from foreign countries
not legally within the United States as set forth in C.R.S. 8-17.5-101, et. seq. If Contractor has any employees or
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subcontractors, Contractor shall comply with C.R.S. 8-17.5-101, et. seq., and this Agreement. By execution of this
Agreement, Contractor certifies that it does not knowingly employ or contract with an undocumented individual
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:
Knowingly employ or contract with an undocumented individual 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 undocumented individual 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 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:
htti)s://www.uscis.gov/e-verify
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 undocumented individual, 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 undocumented individual; 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 undocumented individual; 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 undocumented individual.
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.
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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
Docu Signed by:
By:
e ff, "bunty Manager
CONTRACTOR:
Docu Signed by:
By:
91 EBA7EAND1442...
Print Name: Phyllis Dorn
Title:
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EXHIBIT A
SCOPE OF SERVICES
PROJECT DESCRIPTION
The Women's Foundation of Colorado's WAGES initiative is focused on addressing the needs of women and their
children to build a foundation of economic security. Eagle County Department of Human Services has been
selected as part of the direct services cohort with a project which provides individualized coaching for women
transitioning off of public assistance programming and into employment.
Contractor will provide executive function and career coaching services to support single mothers and their
children as they move off of government subsidies due to increased household income due to employment. The
goal of the program, which includes these coaching supports, is to empower women for workforce and life success,
including economic self-sufficiency, while also enabling them to advance the well-being of their children.
Additionally, some flexible funds will be available to support participants in achieving identified goals.
CONTRACTOR SHALL PERFORM OR PROVIDE THE FOLLOWING SERVICES
Coaching services to be provided on a one-on-one basis for up to ten (10) participants a month over the remainder of
the calendar year for a total of up to sixty (60) individual sessions. Individual coaching sessions should be
anticipated to last for a minimum of one hour each.
Facilitation of group sessions to include up to ten (10) participants on an every other month schedule over the
remainder of the calendar year for a total of five (5) group sessions per year.
Contractor is responsible for tracking goal setting and outcomes of coaching sessions for the participant cohort.
Outcomes for participants of this project to be tracked include maintaining employment, feeling confident that self
identified goals can be met/progress toward goals is happening, and increased self-satisfaction in at least three life
domain areas (such as health, community engagement, family/significant other relationships, recreation and
spirituality).
Contractor is required to provide monthly reporting to the Department of Human Services in a format that will
be developed jointly during the initial planning visit, which at a minimum will include details about one on one
coaching and group sessions (if applicable) and other data as required by the Women's Foundation of Colorado.
Report will also include a breakdown of expenses for the month.
SCHEDULE Project may begin as soon as contract documents are fully executed. Contract will go through
December 31, 2019 with a potential for an extension at that time.
FEES
Contractor shall be compensated for performance of assigned services as follows:
1. County agrees to pay Contractor $950 each month, a total not to exceed contract value of $10,450
based on a 11 month contract period.
2. Contractor will submit invoice at the end of each month
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This Agreement shall commence upon effective date, and shall continue in full force and effect through December
31, 2019 and may be renewed through amendment as described.
CONTRACTOR SHALL BE REQUIRED TO SUBMIT THE FOLLOWING REPORTS TO COUNTY:
All reports will be completed using google forms, report links will be sent prior to deadlines. Reports will include
monthly coaching sessions, group activity attendance, quarterly goal progress. The WAGES reporting will include
and is not limited to:
• Demographics
• At Intake and program exit an assessment of:
o Barriers/challenges
o Economic status
o Support systems
o Program services and activities
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EXHIBIT B
INSURANCE CERTIFICATE
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Progressive Home Advantage
Issued by HOMESITE INDEMNITY COMPANY
P.O. Box 5300
Binghamton, NY 13902-9953
Tel. (866) 960-8609 Fax (877) 273-2984
Insured Name and Mailing Address:
PHYLLIS DORNSEIF
HENRY DORNSIEF
PO BOX 2122
VAIL, CO 81658 -
Insured Location
100 W BEAVER CREEK BLVD UNIT 803 AVON CO 81620 -
Deductible: $1000
Wind/Hail Deductible: $1000
Evidence of Insurance For Policy
Number 31781783
This policy covers the listed location(s) from:
12:01 AM December 22, 2017 through
12:01 AM December 22, 2018 (local time)
Send payment to:
PO Box 414356
Boston, MA 02241-4356
Coverage Limit
Section I - Property
A. Dwelling $50,000
C. Personal Property $15,000
D. Loss of Use $6,000
Section II - Liability
E. Personal Liability $100,000
F. Medical Payments to Others $1,000
Total Policy Premium $400.00
Total Amount Due $0.00
Total Amount Paid *$400.00
*Please note that installment fees are not included in these totals and vary by payment plan option.
First Mortgagee
Loan Number: 15236813
JP MORGAN CHASE BANK NA
I SAOA
PO BOX 47020
ATLANTA, GA 30362
Notes:
H06 — Condominium
The Coverage A Dwelling amount is based on replacement cost as described in the policy. Certain
exceptions apply. Please review your policy for further details.
All information and representations herein are subject to the policy terms and conditions. Coverage is
contingent upon receipt of the initial payment of premium prior to the effective date of the policy.
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01
Authorized Representative Date November 15, 2018
This evidence of property insurance is issued as a matter of information only and confers no
rights upon the certificate holder. This evidence of property insurance does not amend,
extend or alter the coverage afforded by the policy above.
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