01-31-2014 Recreation Agreement for Cleaning ServicesTown of Avon, Colorado
Independent Contractor Service Agreement
For Cleaning Services
This Independent Contractor Service Agreement ( "Agreement ") dated as of January 31, 2014,
is between the Town of Avon, a Colorado home rule community ( "Town ") and
, doing business as Gallery Cleaning Services ( "Contractor").
® Services: Contractor agrees to provide services ( "Services ") as described in the proposal
( "Proposal ") attached to this Agreement. To the extent the provisions of this Agreement
conflict with the Proposal, the terms of this Agreement shall control. Contractor shall
provide and complete the Services in a workmanlike fashion. Contractor hereby warrants
that it has the workforce, training, experience and ability necessary to properly complete
the Services in a timely fashion. Contractor will comply, and cause all of its employees,
agents and subcontractors to comply, with applicable safety rules and security
requirements while performing the Services.
Independent Contractor: The Contractor shall perform the Services as an independent
contractor and shall not be deemed by virtue of this Agreement to have entered into any
partnership, joint venture, employer /employee or other relationship with the Town other
than as a contracting party and independent contractor. The Town shall not be obligated
to secure, and shall not provide, any insurance coverage or employment benefits of any
kind or type to or for the Contractor or the Contractor's employees, sub - consultants,
contractors, agents, or representatives, including coverage or benefits related but not
limited to: local, state, or federal income or other tax contributions; insurance contributions
(e.g., FICA); workers' compensation; disability, injury, or health; professional liability
insurance, errors and omissions insurance; or retirement account contributions.
® Commercial Liability Insurance: At all times while the Contractor is rendering Services,
Contractor shall maintain commercial general liability coverage providing bodily injury and
property damage coverage with a combined single limit of at least $1,000,000 and a
deductible of not more than $1,000. Such insurance shall provide that it may not be
cancelled without thirty (30) days prior written notice to the Town. Prior to commencement
of the Services, Contractor shall cause Town to be named as an additional insured and
shall provide Town with evidence, acceptable to Town, that the required insurance is in full
force and effect.
® Payment: Payment for Services shall be due only after the Services are completed to the
Town's satisfaction and after Contractor has submitted an invoice for the amount due
complete with the Contractor's taxpayer identification number or social security number.
Town shall pay Contractor within thirty (30) days after an invoice in proper form is
submitted to Town.
® Illegal Aliens: This Agreement is subject to the provisions of the Illegal Aliens - Public
Contracts for Services Act found at C.R.S. Section 8- 17.5 -101 et seq. By execution of this
1
Agreement, Contractor certifies that it does not knowingly employ or contract with an
illegal alien who will perform work under this Agreement and that Contractor will participate
in either the E- Verify Program or Department Program in order to confirm the eligibility of
all employees who are newly hired for employment to perform work under this Agreement.
As used in this Section 5., "Department' means the Colorado Department of Labor and
Employment.
® Specifically, Contractor shall not:
Knowingly employ or contract with an illegal alien to perform work under this
Agreement; or
® Enter into a contract with a subcontractor that fails to certify to Contractor that the
subcontractor shall not knowingly employ or contract with an illegal alien to perform
work under this Agreement.
Contractor has confirmed the employment eligibility of all employees who are newly hired
for employment to perform work under this Agreement through participation in either the
E- Verify Program or Department Program.
® Contractor shall not use either the E- Verify Program or Department Program to undertake
pre - employment screening of job applicants while this Agreement is in effect.
® If Contractor obtains actual knowledge that any of its subcontractors performing work
under this Agreement knowingly employs or contracts with an illegal alien, Contractor
shall:
® notify the subcontractor and Town, within three (3) days of discovery of such fact, that
Contractor has actual knowledge that the subcontractor is employing or contracting
with an illegal alien; and
terminate the contract with the subcontractor if, within three (3) days of receiving the
notice required by subpart D.(i) above, the subcontractor does not stop employing or
contracting with the illegal alien; except that Contractor need not terminate the
contract with the subcontractor if, during such three (3) days, the subcontractor
provides information establishing that the subcontractor has not knowingly employed
or contracted with an illegal alien.
® Contractor shall comply with any reasonable request by the Department made in the
course of an investigation that the Department is undertaking pursuant to the authority
established in C.R.S. Section 8- 17.5- 102(5).
® If Contractor violates any of the provisions of this Section 5., Town shall have the right to
terminate the Agreement for breach of contract and, in such case, Contractor shall be
liable to Town for all actual and consequential damages incurred by Town as a result of
2
such breach and the termination of this Agreement.
® Town will notify the Office of the Secretary of State if Contractor violates this provision of
this Agreement and the Town terminates this Agreement for such breach.
® Town Unilateral Termination: Town may terminate this Agreement without cause upon
delivery of written notice to the Contractor at least ten (10) days prior to the effective date
of termination or may terminate this Agreement immediately upon delivery of written notice
if Contractor fails to provide the Services in accordance with the terms of this Agreement.
® No Waiver of Governmental Immunity: Nothing in this Agreement shall be construed to
waive, limit, or otherwise modify any governmental immunity that may be available by law
to the Town, its officials, employees, contractors, or agents, or any other person acting on
behalf of the Town and, in particular, governmental immunity afforded or available
pursuant to the Colorado Governmental Immunity Act, Title 24, Article 10, Part 1 of the
Colorado Revised Statutes.
Affirmative Action: Contractor will not discriminate against any employee or applicant for
employment because of race, color, religion, sex or national origin. Contractor will take
affirmative action to ensure applicants are employed, and employees are treated during
employment without regard to their race, color, religion, sex or national origin. Such action
shall include, but not be limited to the following: employment, upgrading, demotion or
transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other
forms of compensation; and selection for training, including apprenticeship.
Limitation of Damages: The parties agree that Contractor's remedies for any claims
asserted against the Town shall be limited to proven direct damages in an amount to
exceed amounts due under the Agreement and that Town shall not be liable for indirect,
incidental, special, consequential or punitive damages, including but not limited to lost
profits.
Indemnity: To the fullest extent permitted by law, Contractor shall indemnify, defend and
hold harmless Town, its members, affiliates, officers, directors, partners, employees, and
agents from and against all claims, damages, losses and expenses, including but not
limited to reasonable attorney's fees, arising out of the performance of the Services,
provided that any such claim, damage, loss or expense is caused by any negligent act or
omission of Contractor, anyone directly or indirectly employed by Contractor or anyone for
whose acts Contractor may be liable, except to the extent any portion is caused in part by
a party indemnified hereunder.
Governing Law, Venue, and Enforcement: This Agreement shall be governed by and
interpreted according to the law of the State of Colorado. Venue for any action arising
under this Agreement shall be in the appropriate court for Eagle County, Colorado. To
reduce the cost of dispute resolution and to expedite the resolution of disputes under this
Agreement, the parties hereby waive any and all right either may have to request a jury
3
trial in any civil action relating primarily to the enforcement of this Agreement. The parties
agree that the rule that ambiguities in a contract are to be construed against the drafting
party shall not apply to the interpretation of this Agreement. If there is any conflict
between the language of this Agreement and any exhibit or attachment, the language of
this Agreement shall govern.
TOWN OF AVON
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CONTRACTOR
Fora, WMV Request for Taxpayer Give Form to the
(Rev. August 2013) etltl allIl Number and Certification wester. Do not
Department of the Treasury send to the IRS.
Internal Revenue Service
Name (as shown on your income tax return)
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Business name/disregarded entity name, if different from above
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Check appropriate box for federal tax classification: Exemptions (see instructions):
❑ Individual/sole proprietor ❑ C Corporation Corporation ❑ Partnership ❑ Trust/estate
Exempt payee code (if any)
❑ Limited liability company. Enter the tax classification (C =C corporation, S=S corporation, P= partnership) I> Exemption from FATCA reporting
code (if any)
Address (number, stmt, and apt. or suite rto.) r1 Requester's name and address (optional)
City, state, � ZIP code 1...-
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List account num s) here footionatl
Enter your TIN in the appropriate box. The TIN provided must match the name given on the "Name" line
Social security number
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to avoid backup withholding. For individuals, this is your social security number (SSN). However, for a
resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other
entities, it is your employer identification number (EIN). If you do not have a number, see Now to get a
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77N on page 3.
withholding tax on foreign partners' share of effectively connected income, and
Note. If the account is in more than one name, see the chart on page 4 for guidelines on whose
Employer idevitification nu ml
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exempt from the FATCA reporting, is correct.
Future developments. The IRS has created a page on IRS.gov for information N
Note. If you are a U.S. person and a requester gives you a form other than Form
about Form W -9, at wwwJrs.gov1w9. Information about any future developments W
W -9 to request your TIN, u must use the
affecting Form W -9 (such as legislation enacted after we release it) will be posted y
number to enter.
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Under penalties of perjury, I certify that
1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and
2. 1 am not subject to backup withholding because: (a)1 am exempt from backup withholding, or (b) I have not been notified by the internal Revenue
Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that 1 am
no longer subject to backup withholding, and
3. 1 am a U.S. citizen or other U.S. person (defined below), and
4. The FATCA code(s) entered on this form (if any) indicating that 1 am exempt from FATCA reporting is correct.
Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding
because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage
interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and
generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the
instructions on page 3.
Sign o
of
Date I- ' f�
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General Instructions w
withholding tax on foreign partners' share of effectively connected income, and
4. Certify that FATCA code(s) entered on this form (if any) indicating that you are
Section references are to the Internal Revenue Code unless otherwise noted. e
exempt from the FATCA reporting, is correct.
Future developments. The IRS has created a page on IRS.gov for information N
Note. If you are a U.S. person and a requester gives you a form other than Form
about Form W -9, at wwwJrs.gov1w9. Information about any future developments W
W -9 to request your TIN, u must use the
affecting Form W -9 (such as legislation enacted after we release it) will be posted y
similar to this Form W -9.
on that page. s
Definition of a U.S. person. For federal tax purposes, you are considered a U.S.
Purpose of Form p
person if you are:
A person who is required to file an information return with the IRS must obtain your °
° An individual who is a U.S. citizen or U.S. resident alien,
correct taxpayer identification number (TIM W report, for example, income paid to •
• A partnership, corporation, company, or association created or organized in the
you, payments made to you in settlement of payment card and third party network U
United States or under the laws of the United States,
transactions, real estate transactions, mortgage interest you paid, acquisition or .
. An estate (other than a foreign estate), or
abandonment of secured property, cancellation of debt, or contributions you made
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to an IRA. .
Use Form W -9 only if you are a U.S. person (including a resident alien), to S
Special rules for partnerships. Partnerships that conduct a trade or business in
provide your correct TiN to the person requesting it (the requester) and, when t
the United States are generally required to pay a withholding tax under section
applicable, to: 1
1446 on any foreign partners' share of effectively connected taxable income from
such business. Further, in certain cases where a Form W -9 has Trot been received,
i. Certify that the TIN you are giving is correct or you are waiting for a number s
the rules under section 1446 require a partnership to presume that a partner is a
to be i
foreign person, and pay the section 1446 withholding tax. Therefore, if you are a
2. Certify that you are not subject to backup withholding, or U
U.S. person that is a partner in a partnership conducting a trade or business in the
U 'ted Stat Form W-9 t th r
3. Claim exemption from backup withholding if you are a U.S. exempt payee. If m es provide o e part p o your ..status
applicable, you are also certifying that as a U.S. person, your allocable share of and avoid section 1446 withholding on your share of partnership income.
any partnership income from a U.S. trade or business is not subject to the
Cat. No. 10231X Form W -9 (Rev. 8 -2013)
Gallery Cleaning Servics
P.0.13ox 56
Avon, Co 81620
(970)390-6634
1=2 1111!=1 =2 M
Avon Recreation Center
P.O. Box 975
Avon,Co 81620
(970)748-4059
Cleaning Task Schedule
A -eas of Service: Main k�vel restrooms, Main level small restrooms, Ladies and men looker rooms
:seas
and Upper bvel exercise facilty flool-
Service Sched ule: Monday -Su nday (afterclosing) -
Main bvel restroorris
Clean and sanitize toilet bowls, toilet seats, urinals and sinks, .
Clean glass mirrors.
Clean and sanitize walls around sinks, toilets, and urinals.
Clean and sanitize partition walls and doors.
Sweep andmop floors with disinfectant,
Main Level small restrooms:
Clean and sanitize toilet bowls, toilet seats, urinals and sinks.
Clean glass mirrors.
Cl an and sanitize walls around sinks. toilets and urinals.
Sweep end n-lop floors with disjnfec ant.
Ladies and Manu Locker Rooms:
Clean and sanitize toilet bowls, toilet seats, urinals and sinks.
Clean glass nninnna.
Clean and sanitize shower enclosures.
Clean and sanitize walls around sinks, toilets and urinals,
Clean and sanitize partition walls and doors.
Sweep and mop floors with disinfectant
Upper level exercise facility floor;
Vacuum or sweep entire floor.
Mop endrefloor with mild detergent,
Cleaning Investment: $3345.00 monthly.
Agreement begins January 31.2O14
Gallery Cleon|nQmanmupplyafeme!e employee duringthedaybo maintain ladies
okeanng;nventmentprice�
Additional services requested that are not included on0leteskschedule,
will be added tothe monthly invoice asaseparate line item. Additional
services may hciudecarpet cleaning, floor stripping and waxing, window
waohingeto.
All cleaning Supplies will be supplied by Gallery Cleaning Service. All other
supplies will ba Supplied byAvon Recreation Center (toilet tissue, mulfifo|d
towels etc.),
Ic
This agreement is for completing the tasks as descibed above.
Acceptance of Agreement - The above prices and conditions are
satisfactory and are hereby accepted. You are authorized todo the work
specified. Payment will be made at end of each month and will be
invoiced.
Skgnatuoe:
1
Date:
Gallery Cleaning Service
Avon, Co. 81620
John Curutchet
Avon Town Hall
Cleaning Task Schedule
Service Schedule: Wednesday and Sunday
Areas of Service : Main Entry Common Hall, Mens and Ladies Restrooms, All Individual
Offices and Kitchen Areas on main level, Engineering Office, Restroom and kitchen area
on upper level, Community Development office and break room and stairwells.
Restrooms (entire building).
Clean and sanitize toilet bowls, toilet seats, urinals and sinks
Clean glass mirrors
Clean and sanitize walls around sinks, toilets and urinals
Sweep and mop floor with disinfectant
Main Entry Hall
Clean all entry door glass (entire building)
Vacuum carpeted areas
Mop all hard surface floors
Individual Offices (entire building)
Empty trash as needed
Dust flat surfaces
Vacuum carpeted areas
Mop all hard surface floors
1
Kitchen Areas and Breakroom
Wipe and sanitize all surfaces including sinks and microwaves
Stairwells
Vacuum all carpeted areas
Mop all hard surface
Window Cleaning as needed (interior)
Cleaning investment: $700.00
Agreement begins February 15, 2014
This agreement is for completing the tasks as described above.
Acceptance of Agreement — The above prices and conditions are satisfactory and are
hereby accepted. You are authorized to do the work specified. Payment will be made at
end of each month and will be invoiced.
Signature:
2
Date:
90
03:26:13 p.m. 02 -06 -2014 1!1
®� CERTIFICATE OF LIABILITY I S CE
DATE(MMIDDIYYYY)
TYPE OF INSURANCE
02/0612014
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER
AAI -Mike Neff Insurance Agency
PO Box 3289
Avon, CO 81620
NAME: Debbie Harland
PHDNE 970- 949.5633 ap Nc ; 970. 949.0691
EMAIL
D ss• dharland insuranceaai.com
INSURERS AFFORDING COVERAGE
NAICC
License #: RPA195613
INSURER A
10/31/2013
1013112014
INSURED
INSURER a :
OAMAGETORENTED
PREMISES (En o=rre e )
MED EXP (Any one person)
Gallery Cleaning Service Inc
INSURER C:
PERSONAL & ADV INJURY
PO BOX 56
INSURERD:
Avon, CO 81620
INSURER E:
GEN'L AGGREGATE LIMIT APPLIES PER:
�( POLICY PRO• LOC
AFQ1
INSURER F:
S 2.000,000
COVERAGES CERTIFICATE NUMBER! nnnnIR37.n Dr.%li Qln KI klttaaacD. a
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS,
IHSR
LTR
TYPE OF INSURANCE
ADOL
BURR
POLICY NUMBER
POLICY EFF
1MMMDIYYYY1
POLICY EXP
fMMfDOIYYYY)
LIMITS
A
GENERAL LIABILITY
X COMMERCIAL GENERAL LIABILITY
CLAIMS -MADE 51 OCCUR
Y
OICG92001190
10/31/2013
1013112014
EACHOCCURRENCE
S 1,000,000
OAMAGETORENTED
PREMISES (En o=rre e )
MED EXP (Any one person)
5 100,400
_ _
S 10 000
PERSONAL & ADV INJURY
5 1,000,000
GENERALAGGREGATE
$ 2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER:
�( POLICY PRO• LOC
AFQ1
PRODUCTS- COMP/OP
S 2.000,000
S
AUTOMOBILE
LIABILITY
ANY AUTO
ALL OWNED SCHEDULED
AUTOS AUTOS
HIRED AUTOS AUTOS WN£D
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COMBINED SINGLE LIMIT
Me accidentl
BODILY INJURY (Per person)
5
BODILY INJURY (Per accident)
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PROPERTY DAMAGE
$
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UMBRELtAL1Ae
EXCESS LIAe
HCLAIMS-MADE
OCCUR
EACH OCCURRENCE
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AGGREGATE
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DED I I RETENTION 5
S
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY YIN
ANY PROPRIETORIPARTNERIEXECUTIVE
OFFICERIMEMBER EXCLUDED7
(Mandatary in NH)
If ns, describe under
DESCRIPTION OF OPERATIONS betow
NIA
WC STATU• 10TH.
E.L. EACH ACCIDENT
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E.L. DISEASE - EA EMPLOYE
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E.L. DISEASE- POLICY LIMIT
--
5
DESCRIPTION OF OPERATIONS 1 LOCATIONS VEHICLES (Attach ACORD 101, Additional Remarks schedule, If mom space Is required)
Town of Avon is an additional insured under the General Liability policy.
Town of Avon ( SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
PO BOX 975 I THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
Avon CO 81620
FAX, 949 -0160 John Curutchet I AUTHORIZED REPRESENTATPM
O 1988 -2010 ACORD CORPORATION_ All riahts rn- gprvnd
ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD
Printed by DSH on February 06, 2014 at 03:41 PM