HomeMy WebLinkAboutresolution.council.062-14 RESOLUTION # 6.2.
(Series of 2014)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN
AND SKY HOTEL ASPEN AUTHORIZING THE CITY MANAGER TO
EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF ASPEN,
COLORADO.
WHEREAS, there has been submitted to the City Council a contract for
Catering Service for the Pro Challenge Bike Race, between the City of Aspen and
Sky Hotel Aspen, a true and accurate copy of which is attached hereto as Exhibit
«A
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO,
That the City Council of the City of Aspen hereby approves that Contract
for Catering Service for the Pro Challenge Bike Race, between the City of Aspen
and Sky Hotel Aspen, a copy of which is annexed hereto and incorporated herein,
and does hereby authorize the City Manager to execute said agreement on behalf
of the City of Aspen.
INTRODUCED, READ AND ADOPTED by the City Council of the City of
Aspen on the 12th day of May, 2014.
Steven Skadron, Mayor
I, Linda Manning, duly appointed and acting City Clerk do certify that the
foregoing is a true and accurate copy of that resolution adopted by the City
Council of the City of Aspen, Colorado, at a meeting held, May 12, 2014.
s
Linda Manning, City lerk
SERVICE AGREEMENT
THIS AGREEMENT made this 28ffi day of April 2014, by and between the City of Aspen
("City")and the Caterer identified hereinbelow.
WITNESSETH, that whereas the City wishes to purchase the services described hereinbelow
and Caterer wishes to provide said services to the City as specified herein.
NOW THEREFORE, in consideration of the following covenants, the parties agree as
follows:
CATERER
Sky Hotel Aspen
Denis Cote
709 East Durant Avenue
Aspen, Colorado 81611
970-925-6760
DESCRIPTION OF SERVICE
Sky Hotel Aspen will provide professional catering services for the USA Pro Challenge for
Aspen/Snowmass stages held August 18th and 19th of 2014 in Aspen, Colorado. Sky Hotel
Aspen will provide box lunches both days and food and beverages for the Hospitality tent on the
19th.
Overall Requirements
• Must adhere to ZG Green standards
• Must adhere to City of Aspen environment health and State of Colorado food service
regulations. Found here
http://www.aspenpitkin.com/Portals/0/docs/City/envhealth/Food NewRegulations.pdf
• Must have retail food service license
• Must have a City of Aspen business license
• Must have a professional, courteous staff with a positive attitude
Box Lunch Requirements
The City is responsible to provide approximately 750 box lunches on August 18th and 600 on
August 19th. Caterers must be able to provide the boxed lunch, deliver to site to be determined
(Aspen or Snowmass Village); dispense lunches to individuals, clean up and remove delivery
debris.
The box lunch must be easy for the person to transport and eat on the go. Condiments such as
ketchup or mayo must be on the side in packets, not on the sandwich/wrap. It must contain any
eating utensil(s) needed, napkin, and a drink. Drink options must include a variety such as
lemonade, water, sodas, and iced tea. A vegetarian option must be offered both days. The box,
utensil, and napkin must be made with materials that are recyclable or compostable.
Hospitality Tent-August t 19ch
The Hospitality tent is provided by the Tour and is approximately 20' x 60', set up on Main Street in
Aspen. There are limited resources available: electricity but no water. Street will slope slightly
toward curb. Caterer must begin set up early morning(approximately 6am)on Tuesday,August 19"'
and be ready to serve at approximately 8:15am.
The Hospitality tent tables must have linens on tables, linen napkins, and a high end decor and
presentation. Food must be served for approximately 300 patrons from 8:30am— 10:30am. The
number of patrons and hours of operation may be subject to change. Final numbers will be
submitted to Sky Hotel Aspen ten(10)days before the event.
The tent is a bare structure with tables and chairs for patrons: the caterer will supply all items needed
such as
• Serving tables, dishes, and utensils
• Table linens and linen napkins
• Tableware and barware
• Food prep station
• Hand washing station(s)
• Water necessary for cooking, cleaning,or making coffee
• Trash and recycling bins
• Labor for all aspects
Refrigeration trucks will not be allowed on the street or will have very limited access. The caterer
will be responsible to take all items away when breaking down. This includes the trash,recycling,
composting,tables, linens, drinks, food; everything but what was provided by the tour(tent, tables,
and chairs). Ideally, the breakdown and removal of items in the tent should be completed within 1 —
2 hours.
Staff must have professional attire and attitude, and be easily recognizable. Staff will not be
permitted to eat or drink in view of the Hospitality tent patrons or ask Hospitality tent patrons for
pictures or autographs. Staff must not approach the Hospitality tent patrons unless it is to serve or
bus the table(s). Staff must stay away from the viewing area inside the tent during the actual race.
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Sky Hotel Aspen
709 East Durant Avenue,Aspen,CO 81611 EO M 1634
Phone:970-925-6760•Fax:970-925-6778 Page: 1 of 2
A KIMPTON HOTEL Event Order
Account:City of Aspen Event Date:Tuesday,August 19,2014
Post As:City of Aspen USA Pro Challenge Contact:Ms. Rebecca Hodgson
Address:130 S Galena Phone:(970)920-5079
Aspen, CO 81611 Email: rebecca.hodgson @cityofaspen.com
On-site:Ms. Rebecca Hodgson
Phone:(970)920-5079
Account#: Printed: 4/4/14-1:43 PM Booked By: Leah Stroup
Tax Exempt#: Parking: Catering: Leah Stroup
Payment Method: Service:
Final guarantee is due 72 hours(3 business days)prior to your junction. Guest count will be considered final if no guarantee is provided.
Date Time Room Function Setup AGR GTD SET Rental
08/19/14 6:00 AM-8:00 AM Offsite VIP Breakfast Set-Up
08/19/14 8:15 AM-10:30 AM Offsite VIP USA Pro Challenge-OFFSITE Existing 300
Menu Set Up
8:15 AM to 10.30 AM Offsite 8:15 AM to 10:30 AM Offsite
300-VIP Breakfast-@$22.00 ea **TBD**Setup Time:)
Buffet Note-**REQUIRE 3 Serps per Food Station**2 Total Buffet Rental Van Unload Zone in front of VIP Tent @6am
Stations(below is X2) REQUIRED Use of St.Mary's Breezeway-Storage of Rental Van
Egg.Bake 2 Ways[1-Vegetarian 1-Meat](2 Recs) &Access to Van
Applewood Smoked Bacon(Rec) REQUIRED Access to neccessary Power Supply in General Prep
Herb Roasted Potatoes(Round) Tent(For Electronic Hot Boxes)
Seasonal Fruit&Berry Display(L.Platter 22"x15"=Fruit) (16"Bowl REQUIRED Use of"General Prep Tent"
=Berries) AV
House Granola Mix(12"Bowl)
Individual Yogurt(Set in Lined Bus Tubs)&Greek Yogurt(12" Notes
Bowls Set in Lined Bus Tubs) Final Guarantee Guest Count DUE 10 DAYS Pre-Function(NO
Selection of Baked Goods(Sky's L Trays) reduction to this#-Chef order&Staffing based off of this#)
Oatmeal with Accompaniments(Round) Final Guest Count DUE 72 Business Hours Pre-Function
2 Flavors of Chilled Juices(at Bar) Final Ticket Count DUE to Sky Hotel Staff @11am(incase of additional
-Grab&Go Breakfast Burrito-(2 Rounds) guests to charge for that purchased tickets day of event)
ALL to offer: Miscellaneous
Pico de Gallo,Eggs,Cheese,Potatoes,Black Beans
1-Meat Version with Bacon Staff Fee-17 Members @$50.00 staff
1-Stays as a Vegetarian Rental Equipment Fee @$3,850.00 event
[TRASH/RECYCLING SERVICES] Rental Fee for Coffee Supplies @$350.00 event
Trash Removal,Labor,Rental Vehicle to Transport
**We anticipate making at least 3 trips on this feature**
Beverage
8:15 AM to 10:30 AM Offsite
-Beverages-
3 Coffee Stations(1 per Bar&1 by Racer Sign-In)
300 Stationed Coffee with Accompaniments @$3.00 event/per
person
[UTILITY WATER SERVICES]
All food and beverage is subject to 17%gratuity,4%administrative fee and applicable taxes.
Room rental is subject to 9.3%tax.
Please advise catering of any food allergies prior to your event.
Outside food and beverage is not permitted.
If Final Guest Count Not Provided-Current Amount will be Charged as Final
Organization Authorized Signature Date Hotel Representative Signature Date
Sky Hotel Aspen
S lcsv�: 709 East Durant Avenue,Aspen,CO 81611 EO M 1634 Pdge: 2 of 2
Phone:970-925-6760•Fax:970-925-6778
A KIMPTON HOTEL Event Order
1 Water Delivery,Labor,Rentals to Transport Large Amounts of
Water&Rental Vehicle
(We anticipate making at least 3 trips to/fro Hotel)@$800.00
event
All food and beverage is subject to 17%gratuity,4%administrative fee and applicable taxes.
Room rental is subject to 9.3%tax.
Please advise catering of any food allergies prior to your event.
Outsidefood and beverage is not permitted.
If Final Guest Count Not Provided-Current Amount will be Charged as Final
Organization Authorized Signature Date Hotel Representative Signature Date
Sky Hotel Aspen EON:1634-1
Page:1 of 1
709 East Durant Avenue Aspen,CO USA,81611
Phone:970-925-6760 Fax:970-925-6778
n,
Estimated Charges
A KIMPTON HOTEL
Account: City of Aspen Event Date: Tuesday,August 19,2014
Post As: City of Aspen USA Pro Challenge Responsible Party: Ms.Sandra Doebler
Account Address: 130 S Galena Phone: (970)429-2093
Fax: (970)544-9447
Aspen CO 81611 US Email: Sandra.Doebler @cityofaspen.com
Account#: Printed: 4/4/2014 1:43 PM Booked By: Leah Stroup
Tax Exempt#: Event Parking: Catering Mgr: Leah Stroup
Payment Method: Service Mgr:
NO. Food Price
300.00 -VIP Breakfast- 22.00 6600.00
6600.00
Gratuity Charge 17.00% 1122.00
Administrative Charge 4.00% 264.00
7986.00
NO.. Beverage Price
1.00 Water Delivery,Labor,Rentals to Transport Large Amounts of Water& 800.00 800.00
Rental Vehicle
(We anticipate making at least 3 trips to/fro Hotel)
300.00 Stationed Coffee with Accompaniments 3.00 900.00
1700.00
Gratuity Ch a rge 17.00% 289.00
Administrative Charge 4.00% 68.00
2057.00
NO. Miscellaneous Price
1.00 Rental Equipment Fee 3850.00 3850.00
1.00 Rental Fee for Coffee Supplies 350.00 350.00
17.00 Staff Fee-17 Members 50.00 850.00
5050.00
5050.00
Totals
Total Menu/Item/Rental 13350.00
Total Gratuity Charge 17.00% 1411.00
Total Administrative Charge 4.00% 332.00
Total Check 15093.00
Amount Due: 15093.00
Organization Authorized Signature Date Hotel RepresentativeSignature Date
Sky Hotel Aspen
LYA 709 East Durant Avenue,Aspen,CO 81611 EO M 1630
Phone:970-925-6760•Fax:970-925-6778 Page: 1 of 1
A KIMPTON HOTEL Event Order
Account:City of Aspen Event Date:Monday,August 18,2014
Post As:City of Aspen USA Pro Challenge Contact:Ms. Rebecca Hodgson
Address:130 S Galena Phone:(970)920-5079
Aspen,CO 81611 Email:rebecca.hodgson @cityofaspen.com
On-site:Ms. Rebecca Hodgson
Phone:(970)920-5079
Account#: Printed: 4/4/14-1:36 PM Booked By: Leah Stroup
Tax Exempt M Parking: Catering: Leah Stroup
Payment Method: Service:
Final guarantee is due 72 hours(3 business days)prior to your function. Guest count will be considered final if no guarantee is provided.
Date Time Room Function Setup AGR GTD SET Rental
08/18/14 8:30 AM-9:30 AM Offsite Day 1-SERVE Boxed Lunches 750
Menu Set Up
8:30 AM to 9:30 AM Offsite 8:30 AM to 9:30 AM Offsite
[BOXED LUNCH DAY#11 TBD on DELIVERY-or-PICK-UP TIME
500-Roast Turkey Sandwich-@$8.50 ea **8:OOAM Timeframe
Roast Turkey,Avocado Puree with Mixed Greens,Provolone AV
Cheese,Seeded Whole Wheat Bread,Individual Packets of Mayo&
Mustard Notes
250-Veggie Wrap-@$8.50 ea IF Delivery-**tbd**Fee Charged @$0.01**IF Delivery Required**
Sundried Tomato Tortilla,Spinach,Roasted Red Peppers,Garbanzo
Beans,Tomato,Mozzarella Cheese Miscellaneous
-Total Box Items-
Compostable To Go Box,Napkin&NO Utensil,Sandwich,Orange,
Bag of Chips,Cookie,Capri Sun
Beverage
8:30 AM to 9:30 AM Offsite
Water Not Provided
All food and beverage is subject to 17%gratuity,4%administrative fee and applicable taxes.
Room rental is subject to 9.3%tax.
Please advise catering of any food allergies prior to your event.
Outside food and beverage is not permitted.
If Final Guest Count Not Provided—Current Amount will be Charged as Final
Organization Authorized Signature Date Hotel Representative Signature Date
Sky Hotel Aspen EO#:1630-1
Page:1 of 1
709 East Durant Avenue Aspen,CO USA,81611
Phone:970-925-6760 Fax:970-925-6778
6rt-
Estimated Charges
A KIMPTON HOTEL
Account: City of Aspen Event Date: Monday,August 18,2014
Post As: City of Aspen USA Pro Challenge Responsible Party: Ms.Virginia Edelson
Account Address: 130 S Galena Phone: (970)948-7757
Fax:
Aspen CO 81611 US Email:
Account#: Printed: 4/4/2014 1:36 PM Booked By: Leah Stroup
Tax Exempt#: Event Parking: Catering Mgr: Leah Stroup
Payment Method: Service Mgr:
NO. Food Price
250.00 Veggie Wrap- 8.50 2125.00
500.00 Roast Turkey Sandwich- 8.50 4250.00
6375.00
Gratuity Charge 17.00% 1083.75
Administrative Charge 4.00% 255.00
7713.75
NO. Miscellaneous Price
1.00 IF Delivery-**tbd**Fee Charged 0.01 0.01
0.01
Gratuity Charge 17.00% 0.00
Administrative Charge 4.00% 0.00
0.01
Totals
Total Menu/Item/Rental 6375.01
Total Gratuity Charge 17.00% 1083.75
Total Administrative Charge 4.00% 255.00
Total Check 7713,76
Amount Due: 7713.76
Organization Authorized Signature Date Hotel RepresentativeSignature Date
Sky Hotel Aspen
709 East Durant Avenue,Aspen,CO 81611 EO#: 1631
S lcsoo�orlll
Phone:970-925-6760•Fax:970-925-6778 Page: 1 of 1
A KIMPTON HOTEL Event Order
Account:City of Aspen Event Date:Tuesday,August 19,2014
Post As:City of Aspen USA Pro Challenge Contact:Ms. Rebecca Hodgson
Address:130 S Galena Phone:(970)920-5079
Aspen,CO 81611 Email:rebecca.hodgson @cityofaspen.com
On-site:Ms.Rebecca Hodgson
Phone:(970)920-5079
Account#: Printed: 4/4/14- 1:41 PM Booked By: Leah Stroup
Tax Exempt#: Parking: Catering: Leah Stroup
Payment Method: Service:
Final guarantee is due 72 hours(3 business days)prior to your function. Guest count will be considered final if no guarantee is provided.
Date Time Room Function Setup AGR GTD SET Rental
08/19/14 7:00 AM-9:30 AM offsite Day 2-SERVE Boxed Lunches 600
Menu Set Up
7:00 AM to 9:30 AM Offsite 7:00 AM to 9:30 AM Offsite
[BOX LUNCH DAY#21 DELIVERY or PICKUP Time**tbd**
200-Caprasi Veggie Wrap-@$8.50 ea AV
Spinach Basil Tortilla,Tomato,Mixed Greens,Fresh Mozzarella,
Basil,Pesto Notes
400-Ham&Swiss Sandwich-@$8.50 ea IF Delivery-**tbd**Charge to Deliver @$0.01**IF Delivery
Mixed Greens,Whole Wheat Bread,p.c.Mayo&Mustard packs Required**
-Total Box Items-
Compostable To Go Box,Napkin&NO Utensil,Sandwich,Green Miscellaneous
Apple,Bag of Chips,Cookie,Capri Sun
Beverage
7:00 AM to 9:30 AM Offsite
Water Not Provided
All food and beverage is subject to 17%gratuity,4%administrative fee and applicable taxes.
Room rental is subject to 9.3%tax.
Please advise catering of any food allergies prior to your event.
Outside food and beverage is not permitted.
If Final Guest Count Not Provided-Current Amount will be Charged as Final
Organization Authorized Signature Date Hotel Representative Signature Date
Sky Hotel Aspen ED#:1631-1
Page:1 of 1
709 East Durant Avenue Aspen,CO USA,81611
Phone:970-925-6760 Fax:970-925-6778
A KIMPTON HOTEL Estimated Charges
Account: City of Aspen Event Date: Tuesday,August 19,2014
Post As: City of Aspen USA Pro Challenge Responsible Party: Ms.Sandra Doebler
Account Address: 130 S Galena Phone: (970)429-2093
Fax: (970)544-9447
Aspen C081611 US Email: Sandra.Doebler @cityofaspen.com
Account q: Printed: 4/4/2014 1:41 PM Booked By: Leah Stroup
Tax Exempt#: Event Parking: Catering Mgr: Leah Stroup
Payment Method: Service Mgr:
NO. Food Price
400.00 Ham&Swiss Sandwich- 8.50 3400.00
200.00 Caprasi Veggie Wrap- 8.50 1700.00
5100.00
Gratuity Charge 17.00% 867.00
Administrative Charge 4.00% 204.00
6171.00
NO. Miscellaneous Price
1.00 IF Delivery-**tbd**Charge to Deliver 0.01 0.01
0.01
0.01
Totals
Total Menu/Item/Rental 5100.01
Total Gratuity Charge 17.00% 867.00
Total Administrative Charge 4.00% 204.00
Total Check 6171.01
Amount Due: 6171.01
Organization Authorized Signature Date Hotel Representative5ignature Date
The parties acknowledge and understand that this Service Agreement is, except as specifically
amended hereinabove, subject to all of the terms and conditions set forth in the City of Aspen
General Conditions for Service Agreements, a copy of which is appended hereto as Appendix "A"
and by this reference made a part hereof.
Having agreed to the above and foregoing,the parties hereto do affix their signatures.
City of en: Caterer: `�
By: By ........
Title: (y�
Serv-981.doc
City anager
4
EXHIBIT "A"
CITY OF ASPEN
GENERAL CONDITIONS
FOR
SERVICE AGREEMENTS
These General Conditions have been prepared by the City of Aspen to be incorporated by reference
into Service Agreements entered into between service providers ("Caterer") and the City of Aspen
("City"). The provisions herein may be interrelated with standard provisions of the Service
Agreement customarily used by the City of Aspen to contract for services. A change in one
document may necessitate a change in the other.
Any amendments to the following terms and conditions mutually agreed to by the Caterer
and the City shall be specifically noted on the Service Agreement.
1. Completion. Caterer shall commence the provision of services as described in the Service
Agreement in a timely manner. Upon request of the City, Caterer shall submit, for the City's
approval, a schedule for the performance of Caterer's services which shall be adjusted as required.
This schedule, when approved by the City, shall not, except for reasonable cause, be altered by the
Caterer.
2. Payment. In consideration of the services provided, City shall pay Caterer the amounts
set forth in the Service Agreement. Caterer shall submit, in timely fashion, invoices for services
performed. The City shall review such invoices and, if they are considered incorrect or untimely, the
City shall review the matter with Caterer within ten days from receipt of the Caterer's billing.
3. Non-Assignability. Both parties recognize that this contract is one for personal services
and cannot be transferred, assigned, or sublet by either party without prior written consent of the
other. Caterer shall be and remain solely responsible to the City for the acts, errors, omissions or
neglect of any Caterer's vendors and employees, each of whom shall, for this purpose be deemed to
be an agent or employee of the Caterer to the extent of the contract. The City shall not be obligated
to pay or be liable for payment of any sums due which may be due to any other Vendor unless
agreed to in writing beforehand by the City.
4. Termination. The Caterer or the City may terminate this Agreement upon thirty (30)days
notice, without specifying the reason therefor, by giving notice, in writing, addressed to the other
party, specifying the effective date of the termination.
The City shall have the right to terminate the Service Agreement upon three(3)day notice if Caterer
fails to comply with the terms and conditions set forth in Sections 1, 3, 5, 6, 7, 10, 13, 14, 16, 19 or
21. For breach of any other term and condition of the Service Agreement, City may terminate the
Service Agreement with ten(10) days prior notice to cure and failure by Caterer to so cure.
No compensation shall be earned after the effective date of the termination. Notwithstanding the
above, Caterer shall not be relieved of any liability to the City for damages sustained by the City by
5
virtue of any breach of this Agreement by the Caterer, and the City may withhold any payments to
the Caterer for the purposes of set-off until such time as the exact amount of damages due the City
from the Caterer may be determined.
5. Covenant Against Contingent Fees. The Caterer warrants that s/he has not been
employed or retained any company or person, other than a bona fide employee working for the
Caterer, to solicit or secure this contract, that s/he has not paid or agreed to pay any company or
person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gifts or
any other consideration contingent upon or resulting from the award or making of this contract.
6. Equipment, Materials and Supplies. Unless otherwise agreed to by the City, Caterer shall
acquire, provide, maintain, and repair at Caterer's expense such equipment, materials, supplies, etc.,
as necessary for the proper conduct of the services to be provided in accordance with the Service
Agreement.
7. Contract Monitoring. Caterer agrees to allow City to reasonably monitor the services to
be provided in accordance with the Service Agreement.
8. Independent Contractor Status. It is expressly acknowledged and understood by the
parties that nothing contained in this agreement shall result in, or be construed as establishing an
employment relationship. Caterer shall be, and shall perform as, an independent contractor who
agrees to use his or her best efforts to provide the said services on behalf of the City. No agent,
employee, or servant of Caterer shall be, or shall be deemed to be, the employee, agent or servant of
the City. City is interested only in the results obtained under this contract. The manner and means
of conducting the work are under the sole control of Caterer. None of the benefits provided by City
to its employees including, but not limited to, workers' compensation insurance and unemployment
insurance, are available from City to the employees, agents or servants of Caterer. Caterer shall be
solely and entirely responsible for its acts and for the acts of Caterer's agents, employees, servants
and its vendors during the performance of this contract. Caterer shall indemnify City against all
liability and loss in connection with, and shall assume full responsibility for payment of all federal,
state and local taxes or contributions imposed or required under unemployment insurance, social
security and income tax law, with respect to Caterer and/or Caterer's employees engaged in the
performance of the services agreed to herein.
9. Indemnification. Caterer agrees to indemnify and hold harmless the City, its officers,
employees, insurers, and self-insurance pool, from and against all liability, claims, and demands, on
account of injury, loss, or damage, including without limitation claims arising from bodily injury,
personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind
whatsoever, which arise out of or are in any manner connected with this Service Agreement, if such
injury, loss, or damage is caused in whole or in part by,or is claimed to be caused in whole or in part
by, the act, omission, error, professional error, mistake, negligence, or other fault of the Caterer, any
vendor of the Caterer, or any officer, employee, representative, or agent of the Caterer or of any
vendor of the Caterer, or which arises out of any workmen's compensation claim of any employee of
the Caterer or of any employee of any vendor of the Caterer. The Caterer agrees to investigate,
handle, respond to, and to provide defense for and defend against, any such liability, claims or
demands at the sole expense of the Caterer, or at the option of the City, agrees to pay the City or
reimburse the City for the defense costs incurred by the City in connection with, any such liability,
claims, or demands. The Caterer also agrees to bear all other costs and expenses related thereto,
6
including court costs and attorney fees, whether or not any such liability, claims, or demands alleged
are groundless, false, or fraudulent. If it is determined by the final judgment of a court of competent
jurisdiction that such injury, loss, or damage was caused in whole or in part by the act, omission, or
other fault of the City, its officers, or its employees, the City shall reimburse the Caterer for the
portion of the judgment attributable to such act, omission, or other fault of the City, its officers, or
employees.
10. Caterer's Insurance. (a) Caterer agrees to procure and maintain, at its own expense, a
policy or policies of insurance sufficient to insure against all liability, claims, demands, and other
obligations assumed by the Caterer pursuant to Section 9 above. Such insurance shall be in addition
to any other insurance requirements imposed by the Service Agreement or by law. The Caterer shall
not be relieved of any liability, claims, demands, or other obligations assumed pursuant to Section 9
above by reason of its failure to procure or maintain insurance, or by reason of its failure to procure
or maintain insurance in sufficient amounts, duration, or types.
(b) Caterer shall procure and maintain Workmen's Compensation insurance to cover
obligations imposed by applicable laws for any employee engaged in the performance of work under
the Service Agreement, and Employers' Liability insurance with minimum limits of FIVE
HUNDRED THOUSAND DOLLARS ($500,000.00) for each accident, FIVE HUNDRED THOU-
SAND DOLLARS ($500,000.00) disease - policy limit, and FIVE HUNDRED THOUSAND
DOLLARS ($500,000.00) disease- each employee. Evidence of qualified self-insured status may be
substituted for the Workmen's Compensation requirements of this paragraph.
(c) If the Service Agreement requires any insurance in addition to that referenced above at
subsections (a) and (b), or a particular type of coverage, Caterer shall procure and maintain, and
shall cause any vendor of the Caterer to procure and maintain, the minimum insurance coverages
referenced in the Service Agreement. All insurance coverages shall be procured and maintained with
forms and insurance acceptable to the City. All coverages shall be continuously maintained to cover
all liability, claims, demands, and other obligations assumed by the Caterer pursuant to Section 9
above. In the case of any claims-made policy, the necessary retroactive dates and extended reporting
periods shall be procured to maintain such continuous coverage.
(d) The policy or policies required above shall be endorsed to include the City and the City's
officers and employees as additional insureds. Every policy required above shall be primary insur-
ance, and any insurance carried by the City, its officers or employees, or carried by or provided
through any insurance pool of the City, shall be excess and not contributory insurance to that
provided by Caterer. No additional insured endorsement to the policies required above shall contain
any exclusion for bodily injury or property damage arising from completed operations. The Caterer
shall be solely responsible for any deductible losses under any policy required above.
(e) The certificate of insurance provided by the City shall be completed by the Caterer's
insurance agent as evidence that policies providing the required coverages, conditions, and minimum
limits are in full force and effect, and shall be reviewed and approved by the City prior to
commencement of the contract. No other form of certificate shall be used. The certificate shall
identify the Service Agreement and shall provide that the coverages afforded under the policies shall
not be canceled, terminated or materially changed until at least thirty (30) days prior written notice
has been given to the City.
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(f) Failure on the part of the Caterer to procure or maintain policies providing the required
coverages, conditions, and minimum limits shall constitute a material breach of contract upon which
City may terminate the Service Agreement as provided by Section 4 above, or at its discretion City
may procure or renew any such policy or any extended reporting period thereto and may pay any
and all premiums in connection therewith, and all monies so paid by City shall be repaid by Caterer
to City upon demand, or City may offset the cost of the premiums against monies due to Caterer
from City.
(g) City reserves the right to request and receive a certified copy of any policy and any
endorsement thereto.
(h) The parties hereto understand and agree that City is relying on, and does not waive or
intend to waive by any provision of this contract, the monetary limitations (presently $150,000.00
per person and $600,000 per occurrence)or any other rights, immunities, and protection provided by
the Colorado Governmental Immunity Act, Section 24-10-101 et seq., C.R.S., as from time to time
amended, or otherwise available to City, its officers,or its employees.
11. City's Insurance. The parties hereto understand that the City is a member of the
Colorado Intergovernmental Risk Sharing Agency (CIRSA) and as such participates in the CIRSA
Property/Casualty Pool. Copies of the CIRSA policies and manual are kept at the City of Aspen
Finance Department and are available to Caterer for inspection during normal business hours. City
makes no representations whatsoever with respect to specific coverages offered by CIRSA. City
shall provide Caterer reasonable notice of any changes in its membership or participation in CIRSA.
12. Waiver of Presumption. The Service Agreement was negotiated and reviewed through
the mutual efforts of the parties hereto and the parties agree that no construction shall be made or
presumption shall arise for or against either party based on any alleged unequal status of the parties
in the negotiation,review or drafting of the Service Agreement.
13. Certification Regarding Debarment Suspension Ineligibility and Voluntary Exclusion.
Caterer certifies, by acceptance of the Service Agreement, that neither it nor its principals is
presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded
from participation in any transaction with a Federal or State department or agency. It further
certifies that prior to submitting its Bid that it did include this clause without modification in all
lower tier transactions, solicitations, proposals, contracts and subcontracts. In the event that vendor
or any lower tier participant was unable to certify to this statement, an explanation was attached to
the Bid and was determined by the City to be satisfactory to the City.
14. Warranties Against Contingent Fees, Gratuities, Kickbacks and Conflicts of Interest.
Caterer warrants that no person or selling agency has been employed or retained to solicit or secure
this Contract upon an agreement or understanding for a commission, percentage, brokerage, or
contingent fee, excepting bona fide employees or bona fide established commercial or selling
agencies maintained by the Caterer for the purpose of securing business.
Caterer agrees not to give any employee or former employee of the City a gratuity or any
offer of employment in connection with any decision, approval, disapproval, recommendation,
preparation of any part of a program requirement or a purchase request, influencing the content of
any specification or procurement standard, rendering advice, investigation, auditing, or in any other
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advisory capacity in any proceeding or application, request for ruling, determination, claim or
controversy, or other particular matter, pertaining to this Agreement, or to any solicitation or
proposal therefor.
Caterer represents that no official, officer, employee or representative of the City during the
term of the Service Agreement has or one (1) year thereafter shall have any interest, direct or
indirect, in the Service Agreement or the proceeds thereof, except those that may have been
disclosed at the time City Council approved the execution of the Service Agreement.
In addition to other remedies it may have for breach of the prohibitions against contingent
fees, gratuities, kickbacks and conflict of interest,the City shall have the right to:
1. Cancel the Service Agreement without any liability by the City;
2. Debar or suspend the offending parties from being a Caterer, vendor, or sub-
Caterer under City contracts;
3. Deduct from the contract price or consideration, or otherwise recover, the
value of anything transferred or received by the Caterer; and
4. Recover such value from the offending parties.
15. Termination for Default or for Convenience of City. The services contemplated by the
Service Agreement may be canceled by the City prior to acceptance by the City whenever for any
reason and in its sole discretion the City shall determine that such cancellation is in its best interests
and convenience.
16. Fund Availability. Financial obligations of the City payable after the current fiscal year
are contingent upon funds for that purpose being appropriated, budgeted and otherwise made
available. If the Service Agreement contemplates the City utilizing state or federal funds to meet its
obligations herein,the Service Agreement shall be contingent upon the availability of those funds for
payment pursuant to the terms of the Service Agreement.
17. City Council Approval. If the Service Agreement requires the City to pay an amount of
money in excess of$25,000.00 it shall not be deemed valid until it has been approved by the City
Council of the City of Aspen.
18. Notices. Any written notices as called for herein may be hand delivered or mailed by
certified mail,return receipt requested to the respective person or address listed for the Caterer in the
Service Agreement.
19. Non-Discrimination; penalty. No discrimination because of race, color, creed, sex,
marital status, affectional or sexual orientation, family responsibility, national origin, ancestry,
handicap, or religion shall be made in the employment of persons to perform services under this
contract. Caterer agrees to meet all of the requirements of City's municipal code, Section 13-98,
pertaining to non-discrimination in employment.
20. City of Aspen Procurement Code. Notwithstanding anything to the contrary contained
herein or in the Contract Documents, the Service Agreement shall be subject to the City of Aspen
Procurement Code, Chapter 3 of the Aspen Municipal Code.
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21. Compliance With All Laws and Regulations. Caterer shall give all notices and comply
with all laws,regulations, and ordinances applicable to the provision of the services contemplated by
the Service Agreement. Caterer shall obtain all necessary business licenses and permits, and shall
pay all requisite occupation taxes levied by the City of Aspen upon persons engaged in business
within the City limits.
22. Waiver. The waiver by the City of any term, covenant, or condition hereof shall not
operate as a waiver of any subsequent breach of the same or any other term. No term, covenant, or
condition of the Service Agreement can be waived except by the written consent of the City, and
forbearance or indulgence by the City in any regard whatsoever shall not constitute a waiver of any
term, covenant, or condition to be performed by Caterer to which the same may apply and, until
complete performance by Caterer of said term, covenant or condition, the City shall be entitled to
invoke any remedy available to it under the Service Agreement or by law despite any such
forbearance or indulgence.
23. Execution of Service Agreement byCity. The Service Agreement shall be binding upon
all parties hereto and their respective heirs, executors, administrators, successors, and assigns.
Notwithstanding anything to the contrary contained herein, the Service Agreement shall not be
binding upon the City unless duly executed by the City Manager of the City of Aspen (or a duly
authorized official in his or her absence).
24. Illegal Aliens—CRS 8-17.5-101 &24-76.5-101.
a. Purpose. During the 2006 Colorado legislative session, the Legislature passed
House Bills 06-1343 (subsequently amended by HB 07-1073) and 06-1023 that added new
statutes relating to the employment of and contracting with illegal aliens. These new laws
prohibit all state agencies and political subdivisions, including the Owner, from knowingly
hiring an illegal alien to perform work under a contract, or to knowingly contract with a Caterer
who knowingly hires with an illegal alien to perform work under the contract. The new laws
also require that all contracts for services include certain specific language as set forth in the
statutes. The following terms and conditions have been designed to comply with the
requirements of this new law.
b. Definitions. The following terms are defined in the new law and by this reference
are incorporated herein and in any contract for services entered into with the Owner.
1. "E-verify program"means the electronic employment verification program
created in Public Law 208, 104th Congress, as amended, and expanded in Public Law
156, 108th Congress, as amended, that is jointly administered by the United States
Department of Homeland Security and the social security Administration, or its successor
program.
- 2. "Department program"means the employment verification program
established pursuant to Section 8-17.5-102(5)(c).
3. "Public Contract for Services"means this Agreement.
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4. "Services" means the furnishing of labor, time, or effort by a Caterer or a
subCaterer not involving the delivery of a specific end product other than reports that are
merely incidental to the required performance.
C. By signing this document, Caterer certifies and represents that at this time:
1. Caterer shall confirm the employment eligibility of all employees who are
newly hired for employment to perform work under the public contract for services; and
2. Caterer has participated or attempted to participate in either the e-verify
program or the department program in order to verify that new employees are not illegal
aliens.
d. Caterer hereby confirms that:
1. Caterer shall not knowingly employ or contract with an illegal alien to
perform work under the Public Contract for Services.
2. Caterer shall not enter into a contract with a subCaterer that fails to certify
to the Caterer that the subCaterer shall not knowingly employ or contract with an illegal
alien to perform work under the Public Contract for Services.
3. Caterer has confirmed the employment eligibility of all employees who
are newly hired for employment to perform work under the public contract for services
through participation in either the e-verify program or the department program.
4. Caterer shall not use the either the e-verify program or the department
program procedures to undertake pre-employment screening of job applicants while the
Public Contract for Services is being performed.
5. If Caterer obtains actual knowledge that a subCaterer performing work
under the Public Contract for Services knowingly employs or contracts with an illegal
alien, Caterer shall:
i. Notify such subCaterer and the Owner within three days that
Caterer has actual knowledge that the subCaterer is employing or subcontracting
with an illegal alien; and
ii. Terminate the subcontract with the subCaterer if within three days
of receiving the notice required pursuant to this section the subCaterer does not
stop employing or contracting with the illegal alien; except that Caterer shall not
terminate the Public Contract for Services with the subCaterer if during such three
days the subCaterer provides information to establish that the subCaterer has not
knowingly employed or contracted with an illegal alien.
6. Caterer shall comply with any reasonable request by the Colorado
Department of Labor and Employment made in the course of an investigation that the
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Colorado Department of Labor and Employment undertakes or is undertaking pursuant to
the authority established in Subsection 8-17.5-102 (5), C.R.S.
7. If Caterer violates any provision of the Public Contract for Services
pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the Owner may
terminate this Agreement. If this Agreement is so terminated, Caterer shall be liable for
actual damages to the Owner arising out of Caterer's violation of Subsection 8-17.5-102,
C.R.S.
25. General Terms.
(a) It is agreed that neither the Service Agreement nor any of its terms,
provisions, conditions, representations or covenants can be modified, changed, terminated or
amended, waived, superseded or extended except by appropriate written instrument fully executed
by the parties.
(b) If any of the provisions of the Service Agreement shall be held invalid, illegal
or unenforceable it shall not affect or impair the validity, legality or enforceability of any other
provision.
(c) The parties acknowledge and understand that there are no conditions or
limitations to this understanding except those as contained herein at the time of the execution hereof
and that after execution no alteration, change or modification shall be made except upon a writing
signed by the parties.
(d) The Service Agreement shall be governed by the laws of the State of
Colorado as from time to time in effect.
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