12-01-2018 Snow Removal Simon PropertiesIndependent
Contractor Service
avon Agreement
4:OLOhAun For 2018-2019 Snow Removal
This Independent Contractor Service Agreement ("Agreement") dated as of Deoember1, 2018to March
31, 2019, is between the Town ofAvon, a Colorado home rule community ("Town") and SmcnPgxrres
("Contractor").
1. 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.
2. 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 ortype to orfor 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.
3. Commercial Liability Insurance: At all times while the Contractor is rendering Services;
Contractor shall maintain commercial general liability coverage providing bodily injuryand 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 priorwritten 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.
4. 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 afteran invoice in properform issubmitted to Town.
5. 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 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.
Independent Contractor Agreement Form - 2014
Page 1 of 3
A. Specifically, Contractor shall not:
(i) Knowingly employ or contract with an illegal alien to perform work under this Agreement; or
(ii) Enter into a contract with a subcontractor that fails to certify to Contractor that the
subcontractor shall notknowingly employ orcontractwith an illegal alien to perform work under
this Agreement.
B. 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.
C. Contractor shall use either the E -Verify Program or Department Program to undertake pre-
employment screening of job applicants while this Agreement is in effect.
D. 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:
(i) 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
(ii) terminate the contract with the subcontractor if, within three (3) days of receiving the notice
required by subpart D.(i) above, the subcontractor does notstop employing orcontracting with
the illegal alien; except that Contractor need notterminate the contractwith 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.
E. 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).
F. 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 such breach and the
termination of this Agreement.
G. 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.
6. 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.
7. No Waiver of Governmental Immunity: Nothing in this Agreement shall be construed to waive,
limit, orotherwise modify any governmental immunity that maybe available by lawto the Town, its officials,
employees, contractors, or agents, or any other person acting on behalf of the Town and, in particular,
Independent Contractor Agreement Form - 2014
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governmental immunity afforded or available pursuant to the Colorado Governmental Immunity Act, Title
24, Article 10, Part 1 of the Colorado Revised Statutes.
8. 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
9. Limitation of Damages: The parties agree that Contractor's remedies for any claims asserted
againstthe Town shall be limited to proven direct damages in an amount notto exceed payment amounts
for Services 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.
10. 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 actoromissionofContractor, 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.
11. 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 underthis 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 underthis Agreement, the parties hereby waive any and all righteither
may have to request ajury 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.
AGREEMENT READ, UNDERSTOOD AND APPROVED:
TOWN OF AVON
BY
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Date: 1 ?� tom\
CONTRACTOR
By: luy X/
Date:
Independent Contractor Agreement Form 2014
Page 3 of J
SNOW SHOVEL/REMOVAL CONTRACT
This agreement is made and entered into November, 2018, between
Simon Property Services, hereafter referred to as the Contractor, and
The Town of Avon, referred to as the Customer.
The parties agree as follows:
1. The Customer agrees to employ the Contractor and the Contractor agrees to be employed by the
Customer for the purposes of providing snow shoveling and other snow removal services for the
term beginning November 15, 2018 and ending April 14th, 2019.
2. The Contractor agrees to provide regular snow shovel services for the Customer upon the following
terms and conditions:
a. The Contractor will shovel snow upon snowfall accumulations of 1 (one inch) or more. It is
agreed that the Customer shall pay the Contractor $3800.00 per month for this service. It is agreed that
the base rate per time compensation for this service shall be $475.00. This monthly charge is based on 8
shovels per month. If, over the 5 months between November 15th, 2018 and April 14th, 2019 the contractor
shovels more than 40 times the contractor will charge this base rate, adjusted for snow depth, for each
additional shovel performed. For shovels performed before November 15, 2018 and after April 14, 2019 the
Customer will be charged the base rate amount. The Contractor will keep track of all the shovels performed
and submit the billing for the additional shovels to the Customer.
b. $2750.00 per month will be paid at the first of each month during the season
(i.e., November 15, December 15, January 15, February 15 and March 15)
C. Agreed upon base rates relate to snowfall depths of 1 to 5 inches.
d For snow shovels relating to depths of 6 to 10 inches, shoveling compensation occurs at a rate
of 1.5 times the agreed upon base rate. For depths over 10 inches, the payment will be 2 times
the base rate.
e. Any shovels performed on Thanksgiving, Christmas, New Year's Day and Easter will be
billed at a rate of 2 times the base rate adjusted for snow depth.
3. The Contractor agrees to provide, at a rate of $42.00 per hour, other snow removal services,
such as shoveling decks, ice chipping, roof snow slide removal or anything requested by the
Customer which is not part of the regular per shovel contract. Any snow removal on the roofs will
be charged at $62.00 per hour.
4. The Contractor agrees to be responsible for maintaining in good standing all insurance policies
associated with operating it's business in the County of Eagle and State of Colorado,
or whatever appropriate government district, as long as this contract is binding.
5. The Contractor agrees that it is being treated as an employer for Federal and State tax purposes.
Accordingly, it is responsible for paying its own federal and state withholding taxes and self-employment tax.
Read and approved:
Customer Date Simon Property Services
Tim Simon, Owner/Pres.
• PO Box 191 • Avon, CO 81620 0 Phone/Fax : 970-949-9729 • Cell: 970-376-4880 • Email: SimonPropertyServices@gmaii.com •
Tim Simon, Owner
2018-2019 Snow Removal Contract Guidelines
Town of Avon -Sidewalks and Plaza's
Effective December 1, 2018 to March 31, 2019
These are the areas where snow removal will need to be done by the sidewalk snow removal contractor.
Hand shoveling or small ATV areas:
1. All of Avon Station transit area -includes all paver areas as well as
2. All Avon Transit bus stop landing zones (areas are about 20x20). The bus stops are as follows:
a. West Beaver Creek Bus stop near Avon Elementary School
b. West Beaver Creek Bus stop near Agave restaurant
c. Bus stop on West Beaver Creek Blvd near Beaver Creek West condo
d. Lake Street Bus Stops across from the recreation center east and west
e. Bus stop on East Benchmark Rd nearest Christie Sports -Box Car restaurant
f. Bus stop at East Benchmark Rd and Chapel Place
g. Bus stop along Hurd Lane across from Avon Crossing apartments
h. Bus Stop along Hurd Lane near Eagle Bend Apartments
i. Bus Stop on Stone Bridge Drive near Eagle Bend Apartment- Also includes Stone Bridge
sidewalk
j. Bu§Stop on Swift Gulch Road across from Public Works location
k. Bus Stop on Fawcett Rd
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4. Sidewalk and stairs around ERWSD trailers at 500 Swift Gulch Road
5. Recreation Center, Library and Skier Building Sidewalks and Plaza's -These sidewalks and plaza
are a combination of hand work and ATV work.
The following must do the following:
Contractor must use hand tools, ATV or equivalent.
Snow is to be removed from benches at bus -stops, Avon Station, etc.
Snow should be removed from edge to edge in all areas, pushed to back side of sidewalk -vs- to the curb
line.
Special attention should be paid to making sure ADA accessible ramps are well cleared.
The contractor is responsible for all equipment used in snow removal areas. The Town of Avon cannot
provide equipment for the contractor.
Snow removal must be completed by no later than 6am, depending on the size and time of the snowfall
event.
Snow removal begins at 1" in these high traffic areas.
Contractor must have liability insurance and an Avon business license by the time of the award of
contract
The contractor is responsible for all damage to town of Avon landscaping and irrigation or other Town of
Avon property.
The Town of Avon reserves the right to cancel the contract at any time if these guidelines are not being
met.
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