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Home My WebLink Aboutbocc.con.003.1981 ;i . ��,�t :'i� � *t',r�_�; �( f ( � F'i, r �� . � ` . :.. _ : - - �elraeo.esrasc'x'�.r+.a.:fls:z:azr�xX73�.-c:x:..:.Fa_� .�:-,_ :�:..- ...;F:.:_�.:.r:.r�.t�.+.�ui;::ar,�r'"..t�et:ax:�.�:;,x..�._..u�-.....::.w'�.+s^!�^r tt . I� . .. . � yia)�t �. �.' , . . V ' .., I ' . ��t��< '.S�J F;sy"-��i,�ia�•� . � • CONTRACTS & AGREEMENTS • ' NtIMBER: . 3(81) TITLE: CONTZNENTAL CATERERS CONTRACT . ,i a MEETING DATE: 12 JANUARY, 1981 • � ; • 'f - . Signed and sealed ' � '* _ = 'i � Indexed ' �` :S Recorded ' ' •Copies to: Administration Human Resources :� Airport Land Use Code File � � � - • Assessor Library �' . � ># , � Attorney Manager . � Building P 6 Z members = _ � Clerk Personnel ;� � Engineering Planning . . � Environmental Health � Road and $ridge � r�.: .. #�; Extension Agent Sheriff � � F3nar�e .. Trails � � . _ _ Housing Tzansportation • � • • Treasurer � }t . �� r.: . �. . , ; � `C.X G`-C.,(..-!��c� ` � , ' • ! -- — _ -��..� . - -- -- — --�;.��f,�„��,:� � ,::: _- , i �, � � � - � ; . . ��,;�: � -- w,� � _ ��.. � .. � + s.,;. . ,,:�-. .�. � ,i�' ` • ! t;�: ,��:�,� . ,��::�:,..:�.'�,+, , ;>.:�..h1 i'.}J.:",.�,:_ ��•{ 9� '-.M � fT ""'"�.t-x2'.`1`.f-�1�:i)1Lf�k«�S�,«.��'#.'r#�.�. riw�.�a-..��3��..-if-.._ ..i.�o . :�r.�a��i<t�..,...c._.7'M�e,a�:2r;�Ni'i4�V::' .,.::.S.w.:.tim!��d��HH".1i1.Mi{L.`�3' �. . ' � � ,�.�1 a r4 �. 1 (� � �ty��,: '� �..;�:'�.: .-_. f`�j "'� AGREEMENT BETWEEN PITKIN COUNTY BOARD �� COUNTY COMMISSIONERS AND CONTINENTAL CATERERS AGREEMENT 3(81) � THIS AGREEMENT is made this 12th day of January, 1981, by and between CONTINENTAL 6aterers,a Colorado partnership,-(�'�terers") and the BOARD OF COUNTY COMMISSIONERS OF PITKIN COLTNTY, STATE OF COLORADO {"County") . WITNESSETH; WHEREAS, Caterers are in the business of catering food to the � community in Pitkin County, and k F.: WHEREAS, Caterers desire to use the kitchen facilities in the � t Community Center in Pitkin County in connection with its business, and � WHEREAS, Caterers desires to aid the County in providing lunches for the senior citizens in accordance with the senior citizen lunch � : program and :� • WHEREAS, the County desires to Pacilitate the senior citizen � � lunch program, f NOW, THEREFORE, in consideration of the mutual covenants and !� L agreements made herein, the parties agree and covenant as £ollows: 1. The County agrees to permit Caterers to use the kitchen Eacilities at the Community Center £or Caterers' catering business. The County agrees to supply its existing fixed � f equipment in the kitchen. The Catezers agree to assume the cost of maintaining and repairing said equipment up to ' . the amount of $50.00 for each necessary equipment repair, and the County agrees to assume all cost in excess thereof. � �S PROVIDID, HOWEVER, that in the event that any County equipment should be damaged as the result of the negligence of the + ( Caterers or its agents or employees, the Caterers shall � , pxomptly repair such damage at its own cost. PROVIDED, FURTHER, 1 that nothing herein shall be construed to require the County � ( to contribute anything to the cost of repair of equipment owned by Caterers. � 2. The term of this agreement shall be one (1) year commencing i on January Z, 1981, and ending December 31, 1981. � 3. In consideration of this lease, Caterers shall pay to the County the sum of One Thousand ($1,000.00) Dollars per month. The - 1 - � �� • �_„>.w..,s:,,�- i:;�°;�:��- -,1 ; 4. �or.t '� . . :_. aC::. � . ,� ��6�b�u»+ba"r_w.rr��R....�32�.i . +f'.:'�'.Q . .��....... _ .,....�.!::..�.�y�:T.'!'�MYt^:iTR�F'Jfnr�av�;.^✓_?4��.xt�!'l.'_^C^'I�p-T . .-...... �,� . .. �� rv `At h,I. Y; �'i^:'' ;�:; (��';'? .. �" County sha12 pay all utility costs for the Community Center, �:9 includinq those attributable to the use of the kitchen by � Caterers. It is estimated that utility costs for the Center will increase $200.00/month. If,at the end of three months � �� (March 31, 1981} , the utility cost increases have exceeded this rate, the County reserves the right to negotiate the . J " rental rate herein provided for. 4. The Caterers agree to supply all non-fixed equipment to stock the kitchen and will retain ownership of that equipment. The Caterers agree to make said equipment available for use by the � senior citizen lunch program and other groups subject to the i,: } terms of this Agreement. � 5. The Caterers agreetr� supply trained labor for the lunch program � � and will maintain and clean up the kitchen after the lunches are served pursuant to the lunch program. In the event the � Community Center lunchroom and kitchen are used by parties '.� - • �' f • other than the senior citizens, the Caterers will not be �� . � � responsible for the clean-up of the lunch area or the kitchen c area. 6. The Caterers shall have priority with respect to the use of the kitchen. However, in the event the kitchen shall be made available to others, Caterers wi1Z suppZy a supervisor at a charge of $6.00/hour. In addition, such groups sha11 be � charged a fee £or the use of the equipment to be established by the Community Center. Sixty (60�) percent of this fee :,. '• shall be paid to Caterers and Forty (40�) percent retained by the Community Center. All fees will be collected by the County � and appropriate payments wi21 be made back to Continental Caterers. It is understood that this charge will help the � Catexers offset costs, includinq depreciation of equipment, � £ood-borne disease-related liability insurance costs and E depreciation costs of the non-fixed equipment. In addition, 1 i i private groups will provide a damage deposit of $200.00 to be held by the Community Center staff as security for any l �damage to both the Community Center equipment f$100.00) and i the Caterers' equipment ($100.00) . � _ 2 _ _•"�:�;�:.n�;, ' ':,,�::._✓,:j.'t�•. `'`� , �� ,- , , ;, , �,. l , . . ii..-..•"�'r'�''y53Lv✓i..w''..c�drn':x+.'"��arzr� -: r-t- .. , ��;f:. ,.s.c...�.a.,,-e..<.. �a_i?i.i:�`.i`._it�;a+'�rri:....__.a,!:�.ur,.':.+CS��.u,��;�re.Ee�e!�"�nf�t'- Iv ..>..dt��'+,,..�x.::u�.....t - ;��+� ... yt!�,�^ ;�:.. b�.n,. �q;�y„ ;i d.�.;�;y:,'�. �',�.i�.��. . -. �,1 , �:� 7. With respect to the senior citizens' lunch program, the �;� Catezers will supply the trained labor for the lunch program which is conducted thzee times per week on Monday, Wednesday j' and Fridays. The Caterers will also pay for the £ood that ' �7 is served pursuant to the program and will be responsible for all clean-up that is required by the administration ' � of the program. It is agreed that the Caterers shall serve the lunches in the lunch progzam more frequently if the program is expanded. The Caterers will�receive a reimbursement (currently $3.00 per person) from the Title VII grant monies � which is the subsidy for the lunch program to set off the { f' expenses incurred in operating the lunch program. F 8. Food, drink and other services provided at the Community Center i � shall comply with all County regulations, and shall, further, • � � be conducted in a courteous and helpftl fashion, and in a � clean, attractive and sanitary manner. Repeated discourtesy � �'`� or failure or inability to expediently supply the basic services �' # � � on Mondays, Wednesdays and Fridays each week shall be cause = ( for termination hereof. � 9. The County agrees that supervision, administration and continued funding of the lunch program will continue as presently outZined by the Title VII grant. ` 10. The Community Cneter staff will handle the schedulinq of the � use of the kitchen by other groups who are using the Community Center and will provide the Caterers with one week's notice of � its schedule. Caterers may accept less than one week's notice at Caterers option. ` �, 11. Caterers agree to replace the existing dishwasher with a new one but reserves the right to remove it if they vacate the 4. premises. (The existing dishwash er shall be moved and stored � such that it can be reused in the event necessary.) � 12. The parties hereto shali each enjoy those remedies provided ti ' by law for any breach of this Agreement. Provided, however, that the Director of the Community Center must give the � Caterers ten (10) days notice of default for any breach hereof ! ' i �"`` within which time the Caterers may cure the default. If such default sha1Z not be cured, then the Director of the Community Center may terminate this agreement. . _ 3 _ � .u'. �;. ' � . ~��"s:.�:^u; •��, ^� S � �� F� �j ' , ,,... ., :. •r.:4'1 ,-.:-e.,- -.... ' t .��'.�;am�•y:C:iitrt-F�1'?P.fii7l...A..Hri,'im,...y,��..+.f,.-+.i�r . . _. .._ . ....... ..:,...�,.y:Li�' -l�_X_.�::r.:r...�,_^f�,x�-�.:.,r.. .. _...�.-..�..... . �ir4iP�^�r''� 1�„�',,:�. _ ��yAa:'�h`: �:r�i�: 13. All notices required to be given to the County hereunder shall ' " be qiven by certified mail, with a return receipt requested, . addressed to the Community Center, 506 East Main Street, Aspen, 1 Colorado 81611; notices required to be given to the Caterers, 100 South Mill Street, Aspen, Coloxado 81611; pROVTDED, HOWEVER, that either party hereto may designate in writing from time to time another person or agent to receive such notices by supplying the name and address of such substitute. The effective date of service of any such notice shall be the date such �_otice is mailed to the Caterers or the Director of the Community Center. 14. The Caterers covenant and agree to pay promptly all taxes, +� excises, license fees and permit fees of whatever nature � appiicable to its operations hereunder and to take out and keep � current all licenses, municipal, state or federal, required for ' ? the conduct of its business or the operation of its equipment, � and further agree not to permit any of said taxes, excises or �,'�< license £ees to become delinquent. �� ff ;� 15. The Caterers covenant and agree not to permit any mechanic's � �.1 �:a or materialmen's or any other lien to become attached to or to A� be foreclosed upon the Community Center, any of the equipment ,.�'�` i " mentioned herein or improvements thereto or thereon, by reason of any work or labor performed or materials furnished by any , mechanic or materialmen. The Caterers agree to furnish the ( �'. , Director of the Community Center upon request @uplicate receipts � or other satis£actory evidence showing the prompt payment by '� it of Social Security, IInemployment Compensation and Workmen's �t � Compensation insurance, all required 'licenses and all taxes. } The Caterers further covenant and agree to pay promptly when due all bills, debts and obligations incurred by it in connection with its operation of said business in the Community � Center, and not to permit the same to become delinquent and to : ' suffar no lien, mortgage, judgment or execution to be filed � f � � against the equipment which will in any way impair the rights � . �'� of the County undez this Agreement. 16. The Caterers hereby agree to release and to idemnify and . � f - save harmless the County, its officers, agents and employees, � -. from and aqainst any and aZl loss of, or damage to, property, � or injuries to, or death of any person or persons, including ;¢p property and employees or agents of the County, and sha17. defend, r; ,z°'1-�.,, - 4 - }•;;. ��.� � � . I. -..h'�.s1'.' ` _ '._._..,.,�-... _ ., . .- -_. .:2.�:. ..� _.�,:,fi,�i..>,.-._�.,.."..r,.. . ';t:y..w:..�;r..ti�as twv�:d�r.W�Y...l� ��.,} _ F��. �� . �;. ��iyf,;:, , �'��=. �' Y;:'�.. .. .� �� idemnify and save harmless the County, its officers, agents �I` and employees from any and aZl claims, damages, suits, costs, �'` expense, liability, actions or proceedings of any kind or ��: nature whatsoever, including Workmen's Compensation claims, . of or by anyone whomsoever, in any way resulting from, ` � or arising out of, directly or indirectly, its operations - " ��' in connection herewith, or its use or occupancy of any portion �- o£ the Community Center, and including acts and omissions of officers, employees, representatives, suppliers, invitees, cqntractors, and agents of the Caterers; PROVIDED, HOWEVER, t�, that the Caterers need not release, indemnify, or save harmless [ the County, its officers, agents and employees from damages � resulting from the sole negligence of the County's officers, agents or employees. � � 17, The Caterers covenant and agree not to assign, sublet, � � pledqe or transfer its rights in thi�. Agreement, in whole � ---#•,� or in part, nor grant any license or concession hereunder, � � without the prior written approval of the County, which appro- ? � c val may be withheld without cause. ' 1 8. T h i s A g r e e m e n t sh a l l b e b i n din g on and extend to t he heirs, � personal representatives, successors, and assigns of the � respective parties hereto. ` � 19. No officer, elected o£ficial or employee of the County shall be held personally liable under this Agreement oz because of its exectuion or attempted execution. ' � 20. The Caterers agree to operate the kitchen in accordance with all Colorado State laws and sanitation regulations as well as �j . Community Center operating regulations { In WITNESS WHEREOF, the parties have entered into this Agreement ; s on this 12th day of January, 1981. l : BOARD OF COIINTY COMMISSIONERS � CONTINENTAL CATERERS PITKIN COU Y, COLORADO t Bx: By: /l r �,,, ,�^v,,L ,. , . President Mich el Kinsley Chairman l : ATTEST: � i , � Lewis Scanlan Deputy Clerk and Recorder i APPROVED AS TO FORM �.��./Af,7 lG. �Sand�ra�M Stuller � County Attorney - 5 - t t"�� y.-- . . 1