No preview available
HomeMy WebLinkAboutC97-197 Aunt Molly's Rocky Mountain Bar-B-QueC97 1979 r AGREEMENT BETWEEN AUNT MOLLY'S ROCKY MOUNTAIN BAR-B-QUE/MICHELLE NEW AND THE COUNTY OF EAGLE, STATE OF COLORADO THIS AGREEMENT, made this day of , 1997, by and between the County of Eagle, State of Colorado (hereinafter referred to as 'County"), by and through it's board of County Commissioners; and Michelle New (hereinafter referred to as "Caterer"). WHEREAS, the County is owner of certain real property located in the County of Eagle, State of Colorado, which is used and commonly referred to as the "Eagle County Fairgrounds"; and WHEREAS, the 1997 Eagle County Employee Picnic is scheduled to be held at the Eagle County Fairgrounds on Tuesday, July 29, 1997; and WHEREAS, the County desires to engage Caterer to cater the 1997 Eagle County Employee Picnic, and Caterer is willing to so cater. NOW THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties hereto agree as follows: AUTHORITY TO CONTRACT: 1. The County represents it is duly authorized to enter into this Agreement pursuant to Section 30-11-101, 10-11-103, and 30-11-107, C.R.S., as amended. 2. Caterer represents that it is duly authorized to enter into this agreement for its intended purposes. COMPENSATION: 3. Caterer is to cater the Eagle County Employee Picnic on July 29, 1997 at 5:30 p.m. Caterer should arrive at the Fairgrounds with adequate time to set-up, so serving line can begin at 5:30 p.m. 4. County shall pay Caterer $10.35 per adult and $6.30 per child (ages 8-12) based on advanced reservations. This price includes: chips & salsa, hickory smoked beef brisket, barbecued chicken, bbq sauce, bacon baked beans, homemade coleslaw, potato salad, old- fashioned picnic rolls with honey butter, appropriate condiments, homemade cookies and brownies. Caterer will provide all setup, staff, service tables, equipment for cooking and displaying food, buffet service and clean-up. 5. A deposit of Two Hundred Dollars ($200.00) shall be due and payable upon signing of the contract. A second deposit of One thousand eight hundred thirty-five Dollars ($1,835.00) shall be due and payable on July 17, 1997. The balance due under the contract, shall be processed and payable through Eagle County Accounting upon receiving an invoice on July 29, 1997. INDEPENDENT CONTRACTOR: 6. This agreement does not create an employee/employer relationship between the parties. It is the parties' intention that Caterer will be an independent contractor and not an employee of Eagle County for all purposes, including, but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, Colorado Revenue and Tax laws, Colorado Worker's Compensation law and the Colorado Unemployment Insurance laws. 7. Caterer will retain sole and absolute discretion in the judgment of the manner and the means of carrying out Caterer activities and responsibilities hereunder. 8. Caterer agrees that it is a separate and independent enterprise from Eagle County, that it has a full opportunity to find other business, that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work. 9. This agreement shall not be construed as creating any joint employment relationship between Caterer and Eagle County, and Eagle County will not be liable for any obligation incurred by Caterer, including but not limited unpaid minimum wages and/or overtime premiums. NOTICE: 10. All written notices shall be given by certified mail to the following addresses, as applicable: Board of County Commissioners County of Eagle, State of Colorado c/o Eagle County Events Coordinator P.O. Box 850 Eagle, CO 81631 Caterer: Michelle New Aunt Molly's Rocky Mtn. Bar-B-Que P.O. Box 25 Gypsum, CO 81637 Miscellaneous: 11. In case of occurrence of any natural or man-made disaster or any other event beyond the control of the County which makes the holding of the 1997 Eagle County Employee Picnic impossible, this Agreement may be voided by the County upon giving written notice to Caterer, at the address provided herein. 12. This agreement shall be governed by and construed in accordance with the laws of the State of Colorado. Jurisdiction and venue of any suit, right or cause of action arising under or in connection with this agreement shall be exclusive in Eagle County, Colorado. 13. Caterer shall hold harmless and indemnify the County, its boards, commissions, officers, and employees, against all expenses, losses, liabilities and claims of every kind, including reasonable attorney's fees, by or on behalf of any person or entity arising out of either a failure to pay for labor, materials or services used, consumed or rendered for the intended purpose set forth herein, or failure to comply with any law or any governmental authority, or a failure by Caterer to perform any of the terms or conditions of this Agreement. INSURANCE 14. The County and the Caterer shall each maintain during the term of this Agreement insurance in the following types and coverages, protecting each from claims which may arise out of or result from each respective party's operations under this Agreement, whether such operations be by itself or by any subcontractor or by anyone directly employed by each respective party, or by anyone for whose acts any of them may be liable: a. Workmen's Compensation shall be carried in at least the minimum amount required by the laws and statutes of the State of Colorado, including coverage for disability, for all employees performing services under this Agreement. Eagle County Employees are covered by County's Workmen's Compensation Carrier. b. Comprehensive Motor Vehicle Liability Insurance shall be carried in the minimum amounts of $150,000/$600,000 for bodily injury, and $600,000 for property damage, each occurrence. All liability and property damage insurance required hereunder shall be Comprehensive General and Automobile Bodily Injury and Property Damage form of policy. c. General Liability Coverage shall be carried in the minimum amount of $600,000 for coverage of claims for damages arising from the performance of services under this Agreement, including but not limited to personal injury or death, property damage, and other damages imposed by law upon the parties hereto. ID= JUL 08'97 17:15 No.023 P.05 15. Caterer shall not sublet nor assign this agreement without the prior written consent Of the County, which may be withheld for any purpose. 16. In the event Caterer is unable to fulfill his obligations herein, Caterer agrees to hold Eagle County, its hoards, commissions, officers, and employees harmless for all expenses, losses, liabilities and claims of every kind incurred by it for the intended purposes set forth herein. 17. The provisions of this Agreement shall extend to and be binding upon the respective parties hereto, their successors and assigns. 18. No modification or waiver of this Agreement or of any covenant, condition, or provision herein contained shall be valid unless in writing and duly executed by the party to be charged therewith. 19. This written agreement embodies the whole agreement between the parties hereto and there are no inducements, Promises, terms, conditions, or obligations made or entered into either by the County other than those contained herein. 20. All agreements herein are severable, and in the event that any of them shall be held invalid by a court of competetu jurisdiction, this Agreement shall be interpreted as if such invalid agreement or covenant were not contained herein. IN WITNESS WHEREOF, the parties here to have executed this Agreement on this = 1- day of , 1997. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its ATTEST: BOARD OF COUNTY COMMISSIONERS °�"`Le C, O C'UG L,.. ,+ ° i By: Clerk to the Board of Wonnette Phillips, Chairman County Commissioners CATERER ` ATTEST: By: (Print name): M I K lC NCAZ, Title: �S/��