The URL can be used to link to this page

Home My WebLink Aboutbocc.con.047.1981 ...._.�_..w WIY�YIY�- — 1_.. J '_S"q' -'i - . � � ��-{�/� fi ,�,�f�' ��}Y��iwa��... —r_:....:�ac^::urz':icr�.r.:,�,i�tz._.��.�...,.. . r<...._..��...... -...�.v::"a�V'Yi%::aa:��+'F.9J il...�a�:.�s.:y-:'3`�n>?r"t3:�i i:�'.,.2.;Fac.:�`ii:5i,t� . a ��^y . : � ��;y.:; ��._. �`,T fz?o+ I%"i.yt��._ .. • AGREEI�ENT BET47EEN PITKIN COUI3TY i BOARD OF COUNTY COMMISSIONERS AND MUSIC ASSOCIATBS OF ASPEN CA 47(81) THIS AGREEMENT is made this 19th day of June, 1981, by and between ` the t4USIC ASSOCIATES OF ASPEIQ, ("caterers") and the BOARD OF COUNTY � COMMISSIONERS OF PITKIi1 COU�ITY, state of Colorado ("County"). i . WITNESSETH: � j,kiEREAS, Caterers are in need of a kitchen facility adequate to provide a Food Service for the Music School Students for the period of June 19, 1981 through August 31, 198.1, and WHERF.AS, Caterers desire to use the kitchen facilities in the Com- +l: � munity Center in Pitkin County in connection with this service, and �/' � WHEREAS, The County desires to facilitate the Senior Cftizen and F' Community Iunch program, . I10W,'_�t�REFORE, in consideration o£ the mutual covenants and a�_ �� reements made herein,_ the parties agree and covenant as follows: "' F. 1. The terqi of this agreement shall co�nence June 19, 1981 and �� end August 31, 1981, f;� � - '• 2. The:�County agrees to permit the Caterers to use the kitchen fa- !;�� ``, cilities at the Community Center for the purpose of preparing '' i� three meals per day, 24onday through Saturday and two meals per 'i' day on Suttdays for approximately 350 music school students. 3. The Senior Nutrition Program will continue to operate in its present form and will maintain priority in any decisions af- • fecting meal service at the Community Center. The Music � Associates of Aspen wili be named as the "supplier" in the �`� "Contract for Catered Meals" A�reement between the Northwest • Colorado Council of Goverments and the Board of Countq Com- ��" missioners of Pitkin County, State of Colorado. The Caterers j: - agree to comply with a21 stipulations specified in said ;�; agreement. � €' '' 4. The County agrees that supervision, administration, and �a ; continued funding of the 5enior Citizen's Lunch Program will �, continue as presently outlined by the Title VII grant. '' � �' =i ,'.u+ ; ` ?: 5. With respect to the S�cnior Citizen's Lunci� Propram, the = ; � Caterers wi11 supply the trained labor for the Senior � � Citizen's Lunch Program which is conducted three times per � t week on Mondays, Wednesdays, Fridays. The Caterers will also pay for the food that is served pursuant to the progran and j � will be responsible for all clean-up that is required by � � a the administration of the program. It is:agreed that the � � �.f � _1_ � � 1 � , s ? ; .�,.,'��;� ; ; _ !'°-� .-�''1 �> °::<' j��,�,+a " . ,.. . ., . _ ._ .. . � . f� .�'�r+�-. v'k J�.wYn�)db:'«Jh�C:Kti�v�'.:�:7r...._';:r',:.:.n-.� ' r:.�. ..:��._a�:c..:.c,fnw:�i,:.�:.s.`tr2i—�.«:::.:.r,:.:Y.�:+.+�+��:.:a.^'�'�..:.s..:.':.^.3r:�:_,d:�.� ' ,�.�f �` �4r � -,y ' �� r f� � sl ��±, . i,�y CaCerers shall sErte the tunches in the Ltatch Program more �� frequentZy if the program is axpanded. fi. The "Under 60 Commumity Lunch Program" wi11 not exist under the terms of this agreement except that me.als wi11 be served �`c to people other than Senior Citizens and Music Students according ro the attached price schedule. � 7. The Caterers will pay the� Communit}� Center $1,200 for the use' f of the kitchen and dining rooms for the term of this contract. . 8. The Caterers will collect, retain, and be accountable for fees ,� charged for meals except for donations for Senior Citizen � " meals which will be collected by the Senior Nutrition Site � • � Manager at the Luncheon meal on Mondays, Wednesdays, and Fri- days. � I ( �r 9, The Caterers will move and install its own equipment into ' . i �'' the Cocmnunity Center kitchen and will be responsible for � aZl maiatenance costs related to the operation of its � �:� :� equipment, k � ��r�, 10. The County agrees to supply its existing £ixed equipment � i� �; in the Community Center kitchen and to notify the Caterers i �` 30 days in advance of any sale of such equipment. The Cat- � �' erers agree to assume the cost of maintazning and repairing f said equipment up to the amount of $50.00 for each neces- � : sary equipment repair, and the County agrees to assume aIl ! cost in excess of $50.00. PROVIDED, HOWEVER, that in the 1 � event that any County equipment should be damaged as the � ; s: result of the negligence of the Caterers or any of its agents or employees, the Caterers shall repair such dam- ( age at its own cost. PROVIDED, FURTHUR, that nothing i• hexein shall be construed to require the County to - contribute anything to the cost of repair of equipment owned by the Caterers. 11. The Caterers shall be responsible £or the washing of dishes and cleaning of all equipment and shall furthur be ; responsible for the cleaning of the kitchen and dining � � room floors, storage room, and be respon�i.h�e for-the. . � cleaning of the inside walls, windows, ceilings, light fixtures, and jartitorial �service in the dining room area. � The Caterers sltall be responsible for related j�.anitorial supplies. In the event the Community Center lunchroom � and kitchen are used by groups other than Che Music Stu- dents o r the Senior Citizens , the � , � Caterers will not be responsible for the clean-up of the lunch area or the kitchen area of related janitorial sup- plies. �. -2- '�• a.r �� .., � •� .�:� r,,` •�� :�.t -:i , � . t ��+',�,c=s'� . � � '" f��_��._.. ._..� _.._. ., . r_ __�... _.._ .. _., - --.,........a....._...�.____Y..:��.....�,,._.,_.___..w.....�.��` �� R��,;";:: . .y;..':,._"..� . �r.. J!>:i�..'.�. . 12. The Pitkin County Community Center �itility bi.11s for the period of this contract will be compared to the utility bills for the same period in 1980. The Caterers will be responsible £or paying to the Pitkin County Building and � Grounds Department any increase between the 1980 and 1981 � Co�unity Center utility bills, less are adjustment for any Utility Company rate increases which have occured ' since September 1, 1980. ' 13. Food, drink and other services provided at the Co�unity Center shall be conducted in a courteous, helpful, 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, j I . 14. The parties herto sha1Z each enjoy those remedies prov- � � ided by law for any breach of this agreement. Provided, � however, that the Director of the Community Center must I; gi�ve the Caterers ten (1Q) days notice of default for any j - breach hereof within which time the Caterers may cure tr�e � s ; default. Zf any such dafault shall not be cured, then the # Director of the Community Centez may terminate this agre- � i� ement. � ! Z5. All notices required to be given to the County hereunder � shall be given by certified mail, with a return receipt � requested, addressed to the Community Center, 506 E ast � Main Street, Aspen, C0. 81611; notices required to be given to Music Associates of A_spen, 8ox.AA', .Aspen, Colorado•,-:81612. PROVIDED, HOWEVER, that either party hereto may designate in writing form time to time another person or agent � to receive such notices by suppl.y.ing the name and address . of such substitute. The_ effective date of service of any � • such notice shall be the date such notice is mailed to the I Caterers or the Director of the Community Center. � 16..The Caterers covenant and agree to .pay promptly all. taxes, : ! excises, license fees and permit fees of whatever nature � applicable to its operations hereunder and to take out and keep current all Iicenses, municipal, state or feBeraZ, � required for the conduct of its business or the operation of its equipment, and furthur agree not to permit any of i said taxes, excises or license fees to become delinquent. 17. The Caterers covenant and a ree not to ermit an mec- , � � P Y hanics or materialmen's or any other lien to become attached � i -3- ' ,,,,x .. _ .. . . . __ , � ',3,�'.,�;;�'h � ��' . . i� ,�� .h �'. '1 �� ,� . ' `� ��"��J�:.+.b.r!�is7�:'::�!{rMt.�ss.v.-�.«G..... ........ . r . . . ��1.'- - ._.:ac.aL::.:�:�c.:�=r� ..��.w.,�.��:7^_.......,z::.:-=�.i�.;.o�„�.-. ..� s ��i�tv`�"�'�-. Ft� i �f.'�"��,,,.:t I �-:F; i • i::., _,. . to or to be foreclosed upon the Community Cettter, • any of its equipment mentioned herein or improvements thereto or thereon, by any reason work or Iabor performed ; . or materials furnished by any mechanic or materialmen. The Caterers agree to furnish the Director of the Community i Center upon request duplicate receipts or otcher satis- i factory evidence showing the promp8 pa�ment by_it of�Social ? _ _- Security, Unemployment Compensation and �dorkmen's Comp- ensaCion insurance, all required licenses and all taxes. The Caterers furthur covenant and agree to pay promptly � when due all bills, debts, obligations incurred by it in � connectian with its opexation of said business in t'he Community Center, and not to permit the same to become � delinquent and to suffer no lien mortgage, judgement or ` excntion to be filed against the equipment which will in � any way impair the rights of the County und�r this Agre- �p ement. [ F 18. TheCaterers hereby agree to release and to indemnify and ;�. save harmless the County, its officers, agents, and employees, � ' from and ag,ainst any and all loss of, or damage to, property, �,•' or injuries to, or death of any person or persons, including # � p roperty and emgloyees or agents of the County, its officers � agents, and employees from any and all claims, damages, suits, costs, expense, liability, actions, or proceedings '4 of any kind or nature whatsoevez, including Workmen's � Compensation claims, of or by anybody whomsoever, in � any way resulti.ng from, or arising out of, directly or indirectly, its operations in connection herewith, or its `` use or occupancy of any portion of the Community Center,and � including acts and omissions of officers, employees, representatives, suppliers, invitees, contractors, and w a�ents o£ the Caterers: PROVIDED, HOWEVER, 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 f` or employees, 19. The Caterers covenant and agree not to assign, sublet, � pledge or transfer its rights in this Agreement, in whole or in part, nor grant any license or concession hereunder � without the prior written apprdval o£ the County which } � may be withheld without cause. ' 20. This Agreement shall be binding on and extend to the heirs, � personal representaCives, sucessors, and assigns of the + � respective parties hereto. j , I -4- � � � i ,•�� , . 9�ybi4"y%(11a � �.�� ±�� . . � i � �:� . _ ' . . yi : .i . 1 i 1 �Y � ��'xt'E+ �'�r x'1 . _ ' h$� � ' �+'�f�a tit .�T'�'y.�.> 'V's{°"��iT#:Fi`�6-� rt" '` r� �a:*.tlW'3�i�+`ek�'fi�'L'A��.Mi<�:r riLS'ai.r,s�:.Z.S..0��..�ww-..:.:a a_a.:«:i,s..4a.�r'.�i�f4'r.t.`.t��`...f-..�.YCf�l`..t�r.8,..:22:,ui��1yQ1�� . y� }P^ Yff�. 4y ��i't- ��,a:�;:�:`� • , 21. No officer, elected official, or employee of the County f shalZ be held personal.ly ].iable under this Agreement or � because its execution parties hereto, ; 22. The Caterers agree to perform the services hereia contracted ± for with all State and local laws (including but not � ! limited to sanitation regulations) as well as Community � • _ Center operating regulations. ' 23. Caterers sha1L permit the County to inspect and audit all � data and records of Caterer relating to his per£ormance under the Contract. � c IN WITNESS WHEREOF, the parties have entered into this � agreement on this 19th day of June, 1981. � � � THE MUSIC ASSOCIATES OF ASPEN � � Bv:_�� - S!/(.�_ �-I ��'1 � Business • ' ector e � -_--,;: � #; � � BOARD OF COUNTY COMMISSIONERS N �° PITKIN C UNTY, COLORADO C� By: �J` - � In� aa•�I Robert W. Child, Chairman Date t �' � ATTE T: � ,, � U"� ��>� �. Y' � Lewis Scanlon �s'• Deputy Clerk and Recorder � � h � � APPROVED AS TO FORM: ihf'��2'�-�(��s=t�Ll,G�.l Sandra M. Stuller � � ,� County Attorney , i ,.c . .,� a � �i � -5- � ' � 1. , ; , . _. . `. . `rW a J��.._. . 3 ___�.�� T J��3 ��r:� � . � ,�.��`� . �<-�-;,;},� -. � [] . �C61�:�a.'�?S1SPtil�i:�-C:I.....Si._....a[..v!r..._ .,.�_..,�w'.+1n2ri.......,G'.�.�t:3'L$3t'��'��1"i.Sd'aJ:aP:"'—"•,ti+•.• T , .. �� ...t.'l�i'^ Y y+t ; ��: �,;"" ,'� ��4 �+ ��?3T ! ,j U . . � . . tA:�F��h,��.,. • , MEAL PRICES . M[JSIC STUDENTS A14D ASSOCIATED VTSTORS Breakfast- $3.00 Lunch $4.OU � ' Dinner $5.25 __ Sunday Brunch $4.35 � MONDAY, WEDNESDAYS, AND FRIDAXS--SENIOR LUNCH Seniors $ .75 (donation) � Guests of Senior Lunch Program $3.00 � COMMUNITY CENTER SENIOR RESIDENTS " Breakfast $1.50 Lunch (Tues., Thurs. Sat.} $2.00 , Dittner $2.50 � Sunday Brunch $3.00 --•-- - ` i. _�':� � � Meal Times are as follows: � MondaV and Frida.y Breakfast, 7:�5 to 8:15 yunch 11 :�0 to 1:15 ,' Dinner 4:3G tc 6:GU q+L,,PSdaY, �Yednesdev 'Phur�dev Saturrlov Breakfast 7:15 to 8:15 ;;` Lunch 1t:3o to t:15 Dinner 5:45 to 7:15 . - Sunda , - Brunch only 8:3� to 1:U0 - � + All meals will be served at the AQpen Community Center. � � � - � �. � � � � l r� i � i ; f ,,� ----- _.. �t� � , � . � f„ra �