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HomeMy WebLinkAboutC14-319 The Gourmet Cowboy Catering • AGREEMENT FOR SERVICES BETWEEN EAGLE COUNTY,COLORADO AND THE GOURMET COWBOY CATERING BY TOM McNEILL THIS AGREEMENT("Agreement'') is effective as of the day of ;41,9(10a+,2014 by and betty: n The Gourmet Cowboy Catering by Toni McNeill(hereinafter"Contractor")and Eagle County, Colorado, a body corporate and politic(hereinafter"County"). RECITALS WHEREAS,County desires to retain Contractor to provide catering services for the all employee picni on September 5,2014 at the Eagle County Fairground Exhibit Hall Eagle,Colorado(the"Property);en y°),and WHEREAS.Contractor is authorized to do business in the State of Colorado and has the time,skill,ex ertise,and experience necessary to provide the Services as defined below in paragraph 1 hereof;and WHEREAS,this Agreement shall govern the relationship between Contractor and County in connectio with the Services. AGREEMENT NOW, THEREFORE, in consideration of the foregoing and the following promises Contractor and Co ty agree as follows: 1. Services or Work. Contractor agrees to diligently provide all services, labor,personnel and m aerials necessary to perform and complete the services or work described in Exhibit A("Services"or"Work") 'hich is attached hereto and incorporated herein by reference. The Services shall be performed in accordance wi h the provisions and conditions of this Agreement. a. Contractor agrees to furnish the Services on September 5,2014 and in accordance wi It Exhibit A. Contractor agrees to furnish the Services in a timely and expeditious manner consistent with the applica i le standard of care. By signing below Contractor represents that it has the expertise and personnel necessary to pro erly and timely perform the Services. b. In the event of any conflict or inconsistency between the terms and conditions set fort in Exhibit A and the terms and conditions set forth in this Agreement,the terms and conditions set forth in this Ag •ement shall prevail. 2. County's Representative. The human Resources Department's designee shall be Contractor's ontact with respect to this Agreement and performance of the Services. 3. Term of the Agreement. This Agreement shall commence upon the date first written above,an subject to the provisions of paragraph 11 hereof,shall continue in full force and effect through the 5°i day of Septe Cher, 2014. 4. Extension or Modification. Any amendments or modifications shall be in writing signed by bo parties. No additional services or work performed by Contractor shall be the basis for additional compensation less and until Contractor has obtained written authorization and acknowledgement by County for such additional .ervices in accordance with County's internal policies. Accordingly. no course of conduct or dealings between the arties, nor verbal clltange orders,express or implied acceptance of alterations or additions to the Services,and no .aim that County has been unjustly enriched by any additional services, whether or not there is in fact any such u just enrichm$nt,shall be the basis of any increase in the compensation payable hereunder. In the event that 'ritten authorization and acknowledgment by County for such additional services is not timely executed and i•.ued in strict accordance with this Agreement,Contractor's rights with respect to such additional services shall be h-med waived and suchl failure shall result in non-payment for such additional services or work performed. 5. Compensation. County shall compensate Contractor for the performance of the Services in a in computed and payable as set forth in Exhibit_A..At least Seven(7)days prior to the event and no later t an August 29,2014,the final event details and guest count shall be due from County to Contractor. The parties a, ee that the guest count of 250 guests as set forth in Exhibit A may not be reduced;however, in the event the guest ount increase,each additional guest shall be invoiced to County at the rate of twelve dollars and fifty cents e 12.50)per additional person.No additions within seven(7)days of the event will be permitted.County will submi 35%of the invoice amount reflected in Exhibit A(SI,255.62)as a deposit at the time of executing this Agreement. urther,the parties agree that in no event will the performance of the Services under this Agreement exceed a t tal of four thousand dollars($4,000)without a written amendment to this Agreement. Contractor shall not be ent led to bill at overtime and/or double time rates for work done outside of normal business hours unless specifically a horized in writing 1D'County. The outstanding balance after payment of the deposit will be due and paid on or be .re September 5,2014. b. If,at any time during the term or after termination or expiration of this Agreement,C unty reasonably determines that any payment made by County to Contractor was iinproper because the Servi es for which payment was made were not performed as set forth in this Agreement,then upon written notice such determination and request for reimbursement from County,Contractor shall forthwith return such paym nt(s)to County. pon termination or expiration of this Agreement, unexpended funds advanced by County, if.1 y,shall forthwith be returned to County. County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to,be solely responsible for the accurate reporting and payment of any taxes related to payments ade pursuant to the terms of this Agreement. G. Notwithstanding anything to the contrary contained in this Agreement,County shall ve no obligatio s under this Agreement after,nor shall any payments be made to Contractor in respect of any .eriod after Decemb 31 of any year,without an appropriation therefor by County in accordance with a budget ado'ted by the Board of ounty Commissioners in compliance with Article 25,title 30 of the Colorado Revised Statut. ,the Local Governor nt Budget Law(C.R.S.29-1-101 et. seq.)and the TABOR Amendment(Colorado Constituti, 1, Article X, Sec.20). 6. intentionally omitted. 7. nsurance. Contractor agrees to provide and maintain at Contractor's sole cost and expense,tit following insurancelcoverage with limits of liability not less than those stated below: 4. Types of Insurance. i. Workers'Compensation insurance as required by law. 2 Eagle County General Ser ices Final 5/14 . . . . . . ii Auto coverage with limits of liab lity not less than$1,000,000 each acciden omhined bodily injury and property damage liability insurance, including coverage for owned,hired,and rion-o ed vehicles. iii Commercial General Liability coverage to include premises and opera ions. personal/advertising injury,productslcompleted operations,broad form property damage with limits of iability not less than$l,U0O.000 per occurrence and$|.O00,VOOugerogatclimits. b. Other Requirements. The automobile and commercial general liability coverage shall be endorsed o include Eagle County.its associated or affiliated entities, its successors and assigns,elected officials,employee ,agents and volunteers as additional insureds.A certificate of insurance consistent with the foregoing requirements . attached hereto as Exhibit B. ii Contractor's certificates of insurance shall include subcontractors. ifaiiy as . ditional insureds under its policies or Contractor shall furnish to County separate certificates and endorsements .or each subcontractor, iii The insurance provisions of this Agreement shall survive expiration or termination hereof iv. The parties hereto understand and agree that the County is relying on.and di-s not waive or intend to waive by any provision of this Aereement,the monetary limitations or rights, inn t unities and protections provided by the Colorado Governmental Immunity Act,as from time to time amended,or o' erwise available to County. its affiliated entities,successors or assigns, its elected officials,employees,agents . d volunteers. v. Contractor is not entitled to workers'compensation benefits except as provided by the Contractor, nor to unemployment insurance benefits unless unemployment compensatio. coverage is provided by Contractor or some other entity. The Contractor is obligated to pay all federal and state i come tax on any moneys paid pursuant to this Agreement. X. Indemnification. The Contractor shall indemnify and hold harmless County,and any of its offi as,agents and employees against any losses,claims,damages or liabilities for which County may become subject . insofar as any such losses,claims,damages or liabilities arise out of,directly or indirectly,this Agreement,or are ..smdvpvn any performance or nonperformance by Contractor or any of its subcontractors hereunder;and Contract. shall reimburse County for reasonable attorney fees and costs, legal and other expenses incurred by County in connection with investigating or defending any such loss,claim,damage, liability or action. This indemnification sI II not apply to claims by third parties against the County to the extent that County is liable to such third party .ruucb claims without regard to the involvement of the Contractor. This paragraph shall survive expiration or t minat ion hereof. V. Intentionally omitted. 10. Notice. Anv notice required by this Agreement shall be deemed properly delivered when (i)pe .onally delivered,or(ii)when mailed in the United States mail, first class postage prepaid,or(iii)when delivere by FedEx or other comparable courier service,charge prepaid,to the parties at their respective addresses listed be .w,or(iv) when sent via facsimile so tong as the sending party can provide facsimile machine or other confirmnatio showing 3 Eagle County General Sc cc,Final s/4 _ __ � . . . ^ . the date,time u'ndrecoiving facsimile number for when transmitted via e-mail ith confirmation of receipt Either party may change its addres for purposes of this paragraph by giving e(5)days prior written notice of such change to the other party. COUNTY: Eagle 500 Broadway 9oot(}Miee Box 850 Eagle.CO8l63l Telephone:970-328-8793 Facsimile:970-328-8799E-Mail: bem euc|ogouutv.us With u copy to: Eagle Co.inty Attorney 500 Broadway Post Office Box 850 Eagle,Cn8l63l Tv|vph :q7O'32V'8685 Facsimile: 970-328-8699 E-Mail: Gourmet Catering P.O. Box 3998 Vail,CO'81658 970-748- 898 gourmet- owboy.com 11part,at any time and for a reason, with or without cause,and without penalty therefor at least ten(10)calendar days' prior to the event by Titten notice to the Contractor and Contractor shall return County's deposit. In the event termination should oo ur within ten(10) • required to pay the balance due for the event. 12. this ii Agreeme t,or breach thereof,shall be litigated in the District Court for Eagle County,Colorado,which hall be the sole and elusive forum for such litigation. This Agreement shall be construed and interpreted under a,ad shall he governed y the laws of the State of Colorado. 13. ore counterpa ts,each of which shall be deemed an original, but all of which shall constitute one and the sa - /xm,uoz Only e following two formil of electronic signatures shall be permitted to bind the parties to this Agreement:(i) Electroni•or facsimile ellelivery ofa fully executed copy of the signature page;(ii) the image of the signature ofan au orized signer inserted onto PDF format documents. All documents must be properly notarized, ifapplicable. |uo:of electronic signatures shall be governed by the Uniform Electronic Tr nmcdvnaAct,C.R.S.24'7|.S'i8| o 121. 4 1 FagE County General Sell ux Final 5/14 I » ' -_ _ contracting with the undocumented individual; except that Contractor shall not terminate the con! act with the subcontractor if during such three(3)days the subcontractor provides information to establish that the .ubcontractor has not knowingly employed or contracted with an undocumented individual. e. Contractor shall comply with any reasonable request by the Department of Labor an. Employment made in the course of an investigation that the department is undertaking pursuant to its authority stablished in C.R.S.8-17.5-102(5). f. If Contractor violates these prohibitions, County may terminate the Agreement sr breach of contract. If the Agreement is so terminated specifically for breach of this provision of this Agreeme t, Contractor shall be liable for actual and consequential damages to County as required by law. g. County will notify the Colorado Secretary of State if Contractor violates this pr. ision of this Agreement and County terminates the Agreement for such breach. IN WITNESS WHEREOF,the parties have executed this Agreement the day and year first set forth ab=ve. COUNTY OF EAGLE,STATE OF COLORADO. By and Through Its COUNTY MANAGER By: Keiti-P.Montap,Coun anager A64161'961 CONTRACTOR: THE GOURMET COWBOY CATERING BY TOM Mc FILL ,Bv Print Name: Sarah Biggs Title: Director of Operations 7 r Eagle County General S -ices Final 5/14 EXHIBIT A Service': Contras or will provide catering services for the all employee event on Friday, September 5, 114 at the Eagle C unty Fairgrounds Exhibit Hall, Eagle,CO and as more fully set forth in the estimate ated July 23,201 ,estimate number 3860 which is incorporated into and is part of Exhibit A. Food will be delivered between 5:00 and 5:30 p.m. and pick up of all service items at 8:00 p.i■ . Menu/Srvices: See attached estimate dated July 23,2013,estimate number 3860. II S Eagle County General Ser ices Final 5/14 EXHIBIT B INSURANCE CERTIFICATE 9 Eagle County-Gene'al Servi es Final 5/14 "' The P. . Box 3 Estimate O 998 . (,unne[ Vail, CO 81658 Date Estimate# owboy 970.748.6898 7/23/2014 3860 gounnet-cowboy.com Catering by Toro McNeil! Bill To Day Date Event Start Time Staff Arrival Time: Eagle County Government Friday 8.22 or 9.... 5:30-7:00pm TBD Denise Matthews 970.328.8816 Event Location EXHIBIT HALL EAGLE COUNTY FAIRGROUNDS Quantity Description Rate Total 250 EAGLE COUNTY PICNIC 12.50 3.125.00T Server Attended Drop-Off PICNIC BUFFET BBQ Chicken Pieces Pulled Pork with Extra BBQ Sauce on the side Toasted Cous Cous Salad with Baby Spinach. Fresh Basil, Grape Tomatoes, Kalamata Olives&Feta Cheese(VEG FRIENDLY) Red Bliss Potato Salad with Red Onion-Basil Vinagirette (VEGNEGAN FRIENDLY) Marinated Asparagus&Vegetable Antipasti with Garbanzo Beans(VEGNEGAN FRIENDLY) 10%Gratuity 10.00% 312.50 1 Chef Fee 150.00 150.00T PRICE INCLUDES: All paper&plasticware Lemonade Iced Tea Fruit Punch Ice for Beverages All service items(Chafing Dishes, Serving Utensils, Serving Platters&Bowls, Beverage Dispensers) Sales Tax(0.0%) $0.00 Subtotal $3,587.50 Signature Total $3.587.50 t Ii { Ili I From:Sonia 17odriguez FaxID: Page 2 of 2 Date:8/14/2014 03:41 PM Page:2 of 2 ��"N GOURM-1 OP ID: SB ACClRL7"` DATE(MMroD,YYw) k,.,.,...- CERTIFICATE OF LIABILITY INSURANCE 08/08/2014 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(Ies) 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 NAME: Atason Insurance Services Wall Street Insurance, Inc. PHONE FAX Box 20 1 �`o,Ext}:970-926-4900 (A/C,No): 970-926-4200 Edwards, CO 81632 EADDRESS: Atason Insurance Services INSURER(S)AFFORDING COVERAGE NAIC# INSURERA:Pinnacol Assurance INSURED The Gourmet Cowboy Inc. INSURER B:L iberty Mutual Insurance 24074 Tom McNeill INSURER Property Casualty a Casual 19038 PO Box 3998 NS p Vail,CO 81658-3998 INSURER D: INSURER E: _INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 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. INSR W MI TYPE OF INSURANCE ADDL SUER POLICY EFF POLICY EXP LIMITS — LTR INSR VD POLICY NUMBER _(MDDIYYYY) (MMIDDIYYW) GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 B X COMMERCIAL GENERAL LIABILITY X BKS55646267 10/15/2013 10/15/2014 DAMAGE TO RENTED PREMISES(Ea occurrence) $ 300,000 CLAIMS-MADE X OCCUR MED EXP(Any one person) $ 15,000 PERSONAL&ADV INJURY $ 1,000,000 X Liq$lm/$1m GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER'. PRODUCTS-COMP/OP AGG $ 2,000,000 7 POLICY I PRO- LOC _ $ _ JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident $ 1,000,000 i C ANY AUTO BA7A17019513SEL 12/30/2013 12/30/2014. BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS X AUTOS _ X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE $ _AUTOS (PER ACCIDENT) UMBRELLA LIAB OCCUR , EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ _ DED RETENTION $ - $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY TORY LIMITS ER A ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N 4064311 01/01/2014 01/01/2015 EL EACH ACCIDENT $ 500,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E L DISEASE-EA EMPLOYEE $ 500,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 500,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) Certificate holder is listed as Additional Insured with respect to the General Liability policy. CERTIFICATE HOLDER CANCELLATION EAGLEC2 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Eagle County ACCORDANCE WITH THE POLICY PROVISIONS. P.O. Box 850 Eagle,CO 81632 AUTHORIZED REPRESENTATIVE (.,.._)o _cD \CCEtPxrss ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD I I I I I i