HomeMy WebLinkAboutC97-311 4 Eagle RanchID: DEC 04'97 14:45 No.003 P.01 ( C'97 31113 11 AGREEMENT BETWEEN 4 EAGLE RANCH AND THE COUNTY OF EAGLE, STATE OF COLORADO This AGREEMENT made this �-1day of �O' w_v\b gy_ , 1997, by and between the County of Eagle. State of Colorado, by and through its Board of County Commissioners (hereinafter referred to as "the County"), and 4 Eagle Ranch (herinafter referred to as "Caterer"). WHEREAS, the 1997 Eagle County Employee Christmas Party is scheduled to be held at the 4 Eagle Ranch in Wolcott on Friday, December 19, 1997. WHEREAS, the County desires to engage Caterer to cater the 1997 Eagle County Employee Christmas Party, 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 Sections 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. X ,3rj5QL"!llla2A 3. Caterer is to cater the Eagle County Employee Christmas Party on December 19, 1997 beginning at 6:30 p.m. 4. County shall pay the Caterer for a guaranteed minimum number of Two Hundred Fifty (250) people at $32.26 per person Total price of services rendered will be Eight Thousand Sixty -Five dollars and twenty-five cents ($8,065.25). The package includes: appetizer, dinner, dessert, hot non-alcoholic beverages, service, sleigh rides, facility and ranch amenities. The above price includes the following menu: Colorado Quesadillas, Chips and Salsa, Western Ranch Snack Mix, Lightning Wings w/Ranch Dip, Tossed Green Salad, Sirloin Steak, Cowboy Beans, Trail Blazer Baked Potatoes w/fixings, Ranch House Rolls w/condiments, Mesa Dessert Basket w/Rough Rider Brownies and Rustler Cookies, Spiced Cider, Hot Cocoa, Coffee & Tea. Vegetarian Lasagna available on individual pre -order 48 hours in advance. The package does not include alcoholic beverages or entertainment. A full liquor bar will be available on a cash basis. ID: DEC 04'97 14:45 No.003 P.02 5. The County will provide a deposit of approximately fifty percent (509/6), which is $4,032.63 by December 8, 1997. The County requests a direct bill account be set up to pay the remaining balance plus any unanticipated charges. 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 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 to unpaid minimum wages and/or overtime premiums. 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 P.O. Box 850 Eagle, CO 81631 Caterer: 4 Eagle Ranch Drawer 70 Wolcott, CO 81655 ID: DEC 04'97 14:46 No.003 P.03 11. in case of the 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 Christmas Parry impossible, the Agreement may be voided by the County upon giving written notice to Caterer, at the address provided herein. Caterer will be reimbursed for expenses actually accrued on behalf of said Party if a disaster prevents the holding of the 1997 Party. 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 aU 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 government authority, or a failure by Caterer to perform any of the terms or conditions of the Agreement. 14. The County and the Caterer shall each maintain during the term of the Agreement insurance in the following types and coverages, protecting each from claims which may arise out of or result from the each respective party's obligations under this Agreement, whether such obligations be by themselves or by anyone directly employed by each respective party, or by anyone for whose acts any of them may be liable - a. shall be carried in at least the minimum amount required by the laws and statues of the State of Colorado, including coverage for disability, for all employees performing services under the Agreement. Eagle County Employees are covered by County's Workmen's Compensation Carrier. b. ComIlLtbensive 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 Gcneral 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. 1.5. Caterer shall not sublet nor assign this Agreement without the prior written consent of the County, which may be withheld for any purpose. ID: DEC 04'97 14:47 No.003 P.04 16. In the event the Caterer is unable to fulfill his/her obligations herein, Caterer agrees to hold Eagle County, its boards, 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, unless the failure to fulfill said obligations is the fault of the County. 17. The provisions of the 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 competent jurisdiction, this Agreement shall be interpreted as if such invalid agreement of covenant were not contained herein. IN WITNESS WHEREOF, the parties hereto have executed this Agreement this 1Cday of Ram 1.24 , 1997. COUNTY OF EAGLE, STATE OF COLORADO By and Through Its BOARD OF COUNTY COMMISSIONERS ATTE T: U) /* m COLOP.A00 By' Clerk to the B and of County Commissioners J hnnette Phillips, Chairman ATTEST: CATERER. By-.- - (Print Name) �homw5 _ _ck�nV s _ .. Title: Q R2S . G Ra le Rancb?�:- 1 REVISED CONFIRMA December 3, 1997 TO: Laurie Asmussen P. O. Boz 239 Eagle, CO 81631 N/1�EQUEST FOR DEPOSIT Re: Holiday Staff Party PH: 970-328-8779 FAX: 970-328-6444 EAGLE COUNTY'S HIGHFALUTIN' HOLIDAY SHINDIG EVENT DATE: FRIDAY, DECEMBER 19, 1997 NO. OF GUESTS: 250 GUARANTEE DUE: MON., DEC. 15, 1997 (a) NOON ARRIVAL: 6:30PM DEPARTURE: 10:30PM COCKTAILS: 6:30-7:30PM DINNER: 7:30-8:30PM SLEIGH RIDE: YES LOCATION: FULL RANCH & TENT EAGLE CO UNTY A PPETIZERS Assorted Colorado Quesadillas BBQ and Lightning 111ings Western Ranch Smack Mix Ranch Chips & Salsa Fiesta Baskets EAGLE COUNTYHOLIDAYBUFFET Bronc Buster Salad Marinated Grilled Cowboy,Sirloin Steak Kick Ass Co►vboy Beans Trail Blazer Baked Potato with Fixins' Ranch House Rolls with 4 Eagle Chili Butter Adesa Dessert Basket with Rustler Cookies & Rough Rider Brownies Hot Cocoa, Coffee, Cider and Tea SPECIAL DIETARY REQUESTS: Vegetarian Lasagna available on individual pre -order 48 hours in advance. MENU PRICE PER PERSON: $23.95 ++ FULL CASH BAR 18% SERVICE WILL BE ADDED TO ALL FOOD & BEVERAGE ENTERTAINMENT: MUSIC: To be provided by Eagle County (6:00-10:30PM) SLEIGH RIDE: 20 Min. continuous loops (6:00-9:0013M) OPEN HEARTH FIRE WITH MARSHMALLOWS TRANSPORTATION: To be provided by Eagle County. ADDITIONAL SETUP FEE Groups over 150 people will be assessed an additional setup and equipment charge of $3.00 per person (discounted from $6.50) Printed: 12/03/97 © 12:39 PM Prepared by: MMI I Drawer 70 • 4098 Hwy 131 ♦ Wolcott, Colorado 81655 970-926-3372 * Fax 970-926-3382 ♦ vail.neU4eaglc Group: Eagle County Event Date: Friday, December 19, 1997 Page 2 MISCELLANEOUS: Blue Speckleware & Flatware. Red & White Checkered Linens & Lanterns & Pinecone Baskets Facility Fee: Based on the Full Ranch Facility REDUCTION CHARGE: Price based upon 215 people. Prices are subject to change if minimum numbodrop. PRICE BREAKDOWN: FOOD: Steer & Hen 250 $23.95 $ 5,987.50 (Discounted from $30.95) CASH BAR: SERVICE @ 18% 1,077.75 ADDITIONAL SEAT. CHG 100 .ti $3.00 300.00 BARTENDER FEE: of $300.00 - Waived N/C MUSIC: (To be provided by Eagle County) N/A SLEIGH RIDES:20 Min. loops 6:30-9:30pm 200.00 TRANSPORTATION: Group driving on own N/A FACILITY FEE: Full Ranch (Discounted from $1000.00) 500.00 PROJECTED TOTAL BASED ON 250 PEOPLE: $ 8,065.25 50% DEPOSIT DUE MONDAY, DEC. 8,1997: $ 4,032.63 **Tax exemption number 98-04908 Price will be adjusted based on final guarantee or actual number of guests, whichever is greater. Final guarantees are due by Monday, December 15, 1997. Many Thanks & Happy Trails! Mag ' urley Event Coordinator Printed: 12/03/97 0 12:44 PM Prepared by: MMI I