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HomeMy WebLinkAboutC14-102 Ski and Snowboard Club Vail Agreement AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND
SKI AND SNOWBOARD CLUB VAIL
FOR HEALTHY AGING PROGRAM FOOD SERVICE
THIS AGREEMENT (hereinafter referred to as this "Agreement"), made this day
of , 2014, by and between County of Eagle, State of Colorado,P.O. Box 850,
500 Broadway, Eagle, CO 81631 (hereinafter referred to as "County"), and Ski & Snowboard
Club Vail, a non-profit corporation with its principal place of business at 598 Vail Valley Drive,
Vail, Colorado 81657 (hereinafter referred to as"the SSCV").
WHEREAS, County desires to enter into this Agreement with SSCV for the benefit of
Eagle County's Healthy Aging Program for certain food service privileges of SSCV; 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. SSCV shall provide up to 35 meals per day to County for the benefit of the Minturn
Seniors group(the "Services"). Meals shall be ready no later than 11:30AM on each day
meals are provided under this Agreement. In the event County determines that it will be
in need of more than 35 meals on a given day, County shall provide SSCV with advance
notice of such need and SSCV shall accommodate such request if it is reasonably able to
do so.
2. The content of the meal shall be limited to the food as provided by SSCV to its students
and staff, and shall include milk, a salad, a protein, and a fruit for each meal served.
Other than expressly set forth herein, County agrees that it shall have no input on the
content of the meals and that no special meals or food other than that which is provided
by SSCV to its student and staff shall be required under this Agreement.
3. Meals shall only be provided on Wednesdays and Fridays and only on days when SSCV
is in session per its regular academic calendar and not on any holiday or break.
4. SSCV shall provide each week's menu by Monday of each week. County is responsible
to inform itself and the Minturn Seniors what days meals are provided. County agrees
that it has obtained and reviewed the SSCV calendar and is aware which days meals will
be provided.
5. SSCV shall NOT transport any food beyond its kitchen. County is responsible for
transporting the meals from the SSCV kitchen to the County's space in the SSCV
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building. The County is further responsible for providing two volunteers per day for
service of the meals to the Mintum Seniors and for clean-up after the meals. The
volunteers shall be available to transport the meals to the Mintum Seniors per SSCV's
lunch schedule each day and shall return to the SSVC building for clean-up no later than
2:00 p.m., at which point County volunteers shall be given access to the SSCV
commercial dishwasher.
6. County is responsible for providing all of its own plates, silverware and other eating
utensils for each meal served to the Mintum Seniors.
7. County shall be responsible to timely clean all dishes, silverware and other items
associated with each meal. SSCV shall only be responsible for allowing County to store
its items. SSCV is not otherwise responsible for in any way for these items.
8. For SSCV's Services satisfactorily performed under this Agreement, County shall pay
SSCV an amount not to exceed $8,000.00. SSCV shall submit an invoice to the County
for said sum on or before February 28, 2014. County shall pay for Services satisfactorily
performed within thirty(30) days of receipt of an accurate and complete invoice.
9. 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 from County for
reimbursement of the prorata portion of the contract amount representing the services that
were not performed, Contractor shall forthwith refund such prorata portion to County.
10. County shall be responsible to ensure that the food provided to it by SSCV is properly
and timely served and delivered to all seniors to ensure food safety and quality.
11. To the extent allowed by law, the County shall indemnify, hold harmless and defend
SSCV and its officials, boards, officers, principals and employees from all losses, costs,
claims, damages and liabilities, including reasonable attorney's fees and expenses for
which SSCV or any of its officials, boards, officers, principals and employees 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 the County, and the County shall reimburse SSCV for any and all
legal and other expenses incurred by it in connection with investigating or defending any
such loss, claim, damage, liability or action.
To the extent allowed by law, SSCV shall indemnify, hold harmless and defend the
County and its officials, boards, officers, principals and employees from all losses, costs,
claims, damages and liabilities, including reasonable attorney's fees and expenses for
which County or any of its officials, boards, officers, principals and employees 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 SSCV, and SSCV shall reimburse County for any and all legal and
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other expenses incurred by it in connection with investigating or defending any such loss,
claim, damage, liability or action.
12. This Agreement shall be in effect until May 31, 2014, unless sooner terminated as set
forth herein, and shall commence on January 1, 2014 and shall terminate on May 31,
2014.
13. This Agreement may be terminated by either party for any reason upon 30 days written
notice, with or without cause, and without penalty. Upon termination of this Agreement
as herein provided, any funds advanced by County to Contractor shall forthwith be
returned to County on a per-diem, prorata basis calculated from the date of termination.
14. Contractor shall maintain such general liability insurance to cover any and all claims
relating its Services under this Agreement, and shall provide proof of such insurance
upon request.
NOTICE:
Any notice required under this Agreement shall be given in writing by registered or
certified mail; return receipt requested which shall be addressed as follows:
COUNTY:
Karen Koenemann, Healthy Communities Manger
Eagle County Public Health
PO Box 660
Eagle, CO 81631
(970) 328-2610
Karen.Koenemann(cveaglecountv.us
Notice shall be deemed given three (3) days after the date of deposit in a regular
depository of the United States Postal Service.
PROHIBITIONS ON PUBLIC CONTRACT FOR SERVICES:
If Contractor/Consultant has any employees or subcontractors, Contractor/Consultant
shall comply with C.R.S. § 8-1.7.5-101, et seq., regarding Illegal Aliens — Public
Contracts for Services, and this Contract. By execution of this Contract,
Contractor/Consultant certifies that it does not knowingly employ or contract with an
illegal alien who will perform under this Contract and that Contractor/Consultant 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. Contractor/Consultant shall not:
(i) Knowingly employ or contract with an illegal alien to perform work under
this contract for services; or
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(ii) Enter into a contract with a subcontractor that fails to certify to the
Contractor/Consultant that the subcontractor shall not knowingly employ
or contract with an illegal alien to perform work under the public contract
for services.
B. Contractor/Consultant 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 Contractor/Consultant 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 Contractor/Consultant obtains actual knowledge that a subcontractor
performing work under the public contract for services knowingly employs or
contracts with an illegal alien, the Contractor/Consultant shall be required to:
(i) Notify the subcontractor and the County within three days that the
Contractor/Consultant 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 Contractor/Consultant 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 Contractor/Consultant 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 Contractor/Consultant 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
Contractor/Consultant 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
Contractor/Consultant violates this provision of this Contract and the County
terminates the Contract for such breach.
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[SIGNATURE PAGE TO FOLLOW]
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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 Mana'-r
by: _
Keith Montag
Ski & Snowboard Club Vail
a 501(c)3 non-profit corporation
by:
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its: /1- 7 1�
STATE OF C 1 t(.0 e ;z& )
) SS.
COUNTY OF qa _ )
The foregoing instrument was acknowledged before me by ,(41 Lt( � +�/ ', •this ',� \day
ofj , 2014.
My commission expires: ��U�
r v
Notary Public w`
SAMANTHA RENEE SAHN
NOTARY PUBUC
STATE OF COLORADO
NOTARY ID 20134007685
MY COMMISSION EXPIRES FEBRUARY 8,2017
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