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Home My WebLink AboutC12-201 Group 970 Restaurants Agreement AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND GROUP970 RESTAURANTS FOR HEALTHY AGING PROGRAM GUEST CHEF PROGRAM THIS AGREEMENT (hereinafter referred to as this "Agreement "), made this `1 ' day of 'nom , 2012, by and between Eagle County, Colorado, PO Box 850, 500 Broadway, Eagle, CO 81631 (hereinafter referred to as "County "), and Group970 Restaurants, a corporation with its principal place of business at P.O. Box 2103 Avon, CO 81620 (hereinafter referred to as "Group970 "), WITNESSETH, THAT WHEREAS, County desires to enter into this Agreement with Group970 for the benefit of Eagle County's Healthy Aging Program for nutrition services; and WHEREAS, the parties wish to set perimeters and a compensation structure for the services to be performed under this Agreement; and WHEREAS, the parties desire to formalize agreement for the purpose of accepting each and every condition herein set forth. NOW THEREFORE, THAT FOR AND IN CONSIDERATION as set forth herein, and for other good and valuable consideration, the parties agree as follows: 1. Group970 shall provide up to 35 meals per day for 21 days to County for the benefit of the Minturn Seniors group. Meals shall be ready no later than 11:45AM on each day meals are provided under this Agreement. 2. Group 970 shall provide the first meal on June 0 2, and the final meal on August 17, 2012. 3. Meals shall only be provided on Wednesdays and Fridays and only on days when the Healthy Aging Program is in session and not on any holiday. 4. Meals shall be well - balanced and nutritious meal. Additionally meals should provide a soup or salad, entree, vegetable and a light dessert (or any three of those items). Meals will be served buffet - style. 5. County is responsible to provide all of its own plates, silverware and other eating utensils for the meals and will be responsible for the cleaning of these items. 6. County shall pay Group970 the total sum of $3500 on or before June 2012. Ca-701 7. If, at any time during the term of this Agreement, County reasonably 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. 8. County shall be responsible to ensure that the food provided to it by Group970 is properly and timely served and delivered to all seniors to ensure food safety and quality. 9. Group970 shall indemnify County for, and hold and defend the County and its officials, boards, officers, principals and employees harmless from all costs, claims and expenses, including reasonable attorney's fees, arising from claims of any nature whatsoever made by any person in connection with the performance, nonperformance, negligent acts or omissions of, or presentations by, the Group970..This indemnification shall not apply to claims by third parties against the County to the extent that the County is liable to such third party for such claim without regard to the involvement of the Group970. 10. This Agreement shall commence upon execution of this Agreement by both parties and shall terminate by its own terms on August 31, 2012. 11. This Agreement may be terminated by either party for any reason with 30 days written notice, with or without cause, and without penalty. Upon termination of this Agreement as herein provided or expiration of the term, any funds advanced by County to Contractor shall forthwith be returned to County on a per -diem, prorata basis. 12. PROHIBITIONS ON PUBLIC CONTRACT FOR SERVICES: If Group 970Group970has any employees or subcontractors, Group970 shall comply with C.R.S. § 8- 17.5 -101, et seq., regarding Illegal Aliens — Public Contracts for Services, and this Contract. By execution of this Contract, Group970 certifies that it does not knowingly employ or contract with an illegal alien who will perform under this Contract and that Group970 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. Group970 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 Group970 that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under the public contract for services. B. Group970 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 /programs /gc 1185221678150.shtm C. The Group970 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 Group970 obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien, the Group970 shall be required to: (1) Notify the subcontractor and the County within three days that the Group970 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 Group970 shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. E. The Group970 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 a Group970 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 Group970 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 Group970 violates this provision of this Contract and the County terminates the Contract for such breach. 13. It is expressly acknowledged and understood by the parties hereto that nothing contained in this Agreement shall result in, or be construed as establishing, an employment relationship between County and Group970 or County and Group970's employees. Group970 and its employees shall be, and shall perform as, independent contractors. No officer, agent, subcontractor, employee, or servant of Group970 shall be, or shall be deemed to be, the employee, agent or servant of County. Group970 shall be solely and entirely responsible for the means and methods to carry out the Services under this Agreement and for Group970's acts and for the acts of its officers, agents, employees, and servants during the performance of this agreement. Neither Group970 nor its officers, agents, subcontractors, employees or servants may represent, act, purport to act or be deemed the agent, representative, employee or servant of County. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first written above. Eagle County, Colorado By and through its County Manager by: ... • 1 A • II 014641U. 0 11 ids V9 iLkWAgal Group970 Restaurants Corporation by: • „ i„„.:44( STATE OF COLO ) ) SS. COUNTY OF EAGLE The foregoing instrument was acknowledged before me by AN L. ' Nld T day ` of /JC ••••, r • • My commission expires: m1 Y AIP Notary Publi:,?' .5 OF 00''