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HomeMy WebLinkAboutC99-100 Steven's Home Care1%r 1140V AGREEMENT THIS CONTRACT is entered into the 10th .day of May 1999, by and between the County of Eagle, State of Colorado, by and through its Board of County Commissioners (hereinafter referred to as the "County") ; and Steven's Home Care u (hereinafter referred to as "Contractor"). The County and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follow: ARTICLE I. WORK Contractor shall complete all Work as specified herein, generally described as follows: Lawn Mowing & Trimming Eagle County Facilities during calendar year 1999, more specifically set forth on the "Description Of Work" attached hereto marked as Exhibit "A" and incorporated here by this reference. Contractor shall provide for, at his sole cost, all needs related to performance of said Work, including but not limited to equipment, labor, fuel, vehicle maintenance and repair, and required insurance. No services shall be performed until the County has received a Certificate of Insurance as required herein. Contractor acknowledges the importance to the County of immediately repairing damage to facilities and equipment, including to irrigation equipment. Contractor will immediately report to County the occurrence of damage to any facilities and equipment occuring during the course of or discovered during the course of performing the Work. County will undertake the repair of damage to its facilities and equipment, without thereby waiving any claim against Contractor for damages willfully or negligently caused by Contractor. This Agreement is for calendar year 1999, but it shall automatically renew for an additional year, up to a total of two renewal years (through 2001),subject to approval of annual proposal for services, unless either party gives written notice to the other, not later than December 31 of the expiring period, of its intent not to renew for the next year. ARTICLE II. COMPLETION OF WORK AND MANNER OF PAYMENT A. Inspection by the County representative shall be made promptly upon notification by Contractor that the mowing for a particular week is complete, or after County's receipt of F:\CONTRACT\CONTRACT\LAWNCUT.CON 1 1%/ \Wjwp� Contractor's invoice. If during the course of the inspection, the County representative notes any deficiencies or defects in the Work, he shall provide the Contractor with a list of such defects or deficiencies and Contractor shall correct all defects or deficiencies within 2 days. No payment shall be made until the defects or deficiencies are corrected and have been re -inspected and approved by the County's representative. B. The County agrees to make a payment, through the County's regular bill -paying procedure, upon receipt of Contractor's itemized invoice for Work completed, provided that Contractor will not invoice more often than weekly. An itemized invoice shall identify the date(s) of the mowing and the total number of man hours per building per mowing covered by the services to which the invoice relates. C. No Work shall be done which changes the amount owed to Contractor by the County unless authorized in writing by an amendment to this *agreement, signed by the Chairman of the Board of County Commissioners. ARTICLE III. COUNTY'S REPRESENTATIVE The Eagle County Facilities Management Department Manager or his designee, or in their absence, the Eagle County Administrator, is designated as the County's representative for purposes required in the Agreement Documents. ARTICLE IV. AGREEMENT PRICE The County shall pay the Contractor for performance of the Work, by Eagle County Warrant, the sum of $370.00 per mowing of the (5) locations(Please refer to Bid Proposal Form). Notwithstanding the foregoing, total payments under this Agreement for any renewal period shall not exceed the sum of $12,500.00. ARTICLE V. CONTRACTOR'S REPRESENTATIONS In consideration of the provisions hereof, Contractor makes the following representations: A. Contractor has familiarized himself with the nature and extent of the Agreement, Work, locality, and with all local conditions and federal, state and local laws, ordinances, F:\CONTRACT\CONTRACT\LAWNCUT.CON 2 ,V=p, 1"Wp� rules and regulations that in any manner may affect cost, progress or performance of the Work. B. Contractor has made or caused to be made examinations, investigations and test as Contractor deems necessary for the performance of the Work at the contract price, within the contract time and in accordance with the other terms and conditions of this Agreement, including but not limited to conducting an on -site inspection of the Work and studying the existing conditions at the Work sites or otherwise affecting the cost. ARTICLE VI. INSURANCE The Contractor_ shall purchase and maintain during the term of. this Agreement insurance in the following types and coverage protecting him from claims which may arise .out of or result from the Contractor's operations under this Agreement, whether such operations be by himself or by any subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable: A. Workmen's Compensation, including coverage for disability, as required by Colorado law, for all.persons performing services under this Agreement. B. General Liability Coverage in the minimum amount of $600,000 (combined personal injury/property damage limit) for coverage of claims for damages arising from the performance of services under this Agreement, including by not limited to personal injury or death, property damage, and other damages imposed by law upon the Contractor and each subcontractor with respect to all Work performed by them. Certificates of Insurance: Certificates of Insurance acceptable to the County Attorney shall be filed with the County Attorney's Office prior to commencement of the Work. These Certificates shall contain a provision that coverage afforded under the policies will not be canceled until at least fifteen days prior written notice has been given the County. Contractor shall not permit any of his subcontractors to start work until all required insurance have been obtained and the certificates with the proper endorsements have been approved by the County . F:\CONTRACT\CONTRACT\LAWNCUT.CON 3 \qw� ARTICLE VII. MISCELLANEOUS A. No assignment by a party hereto of any rights under or interest in the Agreement will be binding on another party hereto without the written consent of the party sought to be bound; and, unless specifically stated to the- contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Agreement Documents. B. Owner and Contractor each binds himself, his partners, successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in the Agreement. C. This Agreement does not and shall not be deemed to confer upon or grant to any third party any right to claim damages or to bring any lawsuit, action or other proceedings against either Eagle County or its officers, employees or agents because of any breach hereof or because, of any terms, covenants, agreements or condition's contained herein. D. Independent Contractor Status. It is expressly acknowledged and understood by the parties that nothing contained in this Agreement shall result in, or be construed as establishing an employment relationship. Contractor shall be, and shall perform as, an independent Contractor who agrees to use his or her best efforts to provide the said service on behalf of the County. No agent, employee, servant of the Contractor shall be, or shall be deemed to be, the employee, agent or servant of the County. County is interested only in the results obtained under this contract. The manner and means of conducting the work are under the sole control of Contractor. None of the benefits provided by County to its employees including, but not limited to, worker's compensation insurance and unemployment insurance, are available from the County to the employees, agents or servants of Contractor. Contractor shall be solely and entirely responsible for its acts and for the acts of Contractor's agent, employees, servants and subcontractors during the performance of this contract. Contractor shall indemnify the County against all liability and loss in connection with, and shall assume full responsibility for payment of all federal, state and local taxes or contributions imposed or required under unemployment insurance, social security and income tax law, with respect to Contractor and/or Contractor's F:\CONTRACT\CONTRACT\LAWNCUT.CON 4 1*owl employees engaged in the- performance agreed to herein. of_the service E. Indemnification. Contractor agrees to indemnify and hold harmless the County, its officers, employees, insurers, and self-insurance pool, from and against all -liability, claims, and demands on account of injury, loss, or damage, including, without limitation, claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other kind of injury, loss or damage whatsoever, which arise out of or are in any manner connected with this contract, if such injury, loss or damage is caused, or is claimed to be caused, in whole or in part by the act, omission, error, Contractor error, mistake, negligence, or other fault of the Contractor, any subcontractor of the Contractor, or which arises out of any worker's compensation claim of any employee of the Contractor or subcontractor. The Contractor agrees to investigate, handle, respond to, and to provide defense for and defend against, any such liability, claims, or demands at the sole expense of the Contractor, or, at the option of the County, agrees to pay the County or reimburse the County for the defense costs incurred by the County in connection with any such liability, claims, or demands. If it is determined by the final judgement of a court of competent jurisdiction that such injury, loss or -damage was caused in whole or in part by the act, omission, or fault of the County, its officers, or its employees, the County shall reimburse the Contractor for the portion of the judgement attributable to such act, omission, or other fault of the County, it officers, or its employees. F. Contractor shall comply with all federal, state and local laws, ordinances, rules and regulations applicable to the performance of the Work. [next page is signature page] F:\CONTRACT\CONTRACT\LAWNCUT.CON 5 ,owe IN WITNESS WHEREOF, the parties hereto have signed this Agreement the day and year first above written. ATTEST Clerk of the Board of County Commissioners COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS By: hnnette Phillips, hairman CONTRACTOR: STEVENS HOME CARE Zt�c Name: 55v�S I t�+2 Address for giving notices: P.O. Box 2166 Edwards, CO 81632 (970)926-5484 STATE OF COLORADO ) ss: County of Eagle ) On this IYA day of MAY , 1999, came before me, a notary public, InIcygft A. sr£ow5 known to me to be the Pata.eF.✓r of S7Tek=aJ' /k/PE rgaf . ia/e . , who acknowledged to me that he executed the foregoing document, that he executed it in that capacity and that the same was the act of the corporation. My Commission expires My commission expires: Sept.26, 1999 Notary Public F:\CONTRACT\CONTRACT\LAWNCUT.CON 6