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HomeMy WebLinkAbout24612AGREEMENT INFORMATION AGREEMENT NUMBER 24612 NAME/TYPE OF AGREEMENT OVATIONS FOOD SERVICES, LP DESCRIPTION EVENT AGREEMENT/CITY OF MIAMI PARKS & RECREATION - 50TH YEAR ANNIVERSARY GALA/MATTER ID: 23-1521 EFFECTIVE DATE October 5, 2023 ATTESTED BY TODD B. HANNON ATTESTED DATE 9/27/2023 DATE RECEIVED FROM ISSUING DEPT. 9/28/2023 NOTE DOCUSIGN AGREEMENT BY EMAIL CITY OF MIAMI DOCUMENT ROUTING FORM Department of Procurement ORIGINATING DEPARTMENT: DEPT. CONTACT PERSON: Aimee Gandarilla EXT. 1906 NAME OF OTHER CONTRACTUAL PARTY/ENTITY: Jungle Island IS THIS AGREEMENT A RESULT OF A COMPETITIVE PROCUREMENT PROCESS? I TOTAL CONTRACT AMOUNT: $ FUNDING INVOLVED? r TYPE OF AGREEMENT: ❑ MANAGEMENT AGREEMENT ❑ PROFESSIONAL SERVICES AGREEMENT ❑ GRANT AGREEMENT ❑ EXPERT CONSULTANT AGREEMENT ❑ LICENSE AGREEMENT OTHER: (PLEASE SPECIFY) YES NO ES ❑ NO ❑ PUBLIC WORKS AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ INTER -LOCAL AGREEMENT ❑ LEASE AGREEMENT ❑ PURCHASE OR SALE AGREEMENT PURPOSE OF ITEM (BRIEF SUMMARY): City of Miami Parks & Recreation- 50th Year Anniversary Gala at Jungle Island COMMISSION APPROVAL DATE: FILE ID: ENACTMENT NO.: IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN: ROUTING INFORMATION Date PLEASE PRINT AND SIGN DIRECTOR OF PROCUREMENT/CHIEF PROCUREMENT OFFICER September 22, 2023 Annie Perez, CPPO 1 14:33:53EDT SIGNATURE: C-4-� -a?-, RISK MANAGEMENT September 22, Ann -Marie Sharpe 2023 1 14:37:I1EDT i-DocuSq SIGNATURE: Ly 1P 4-6 CITY ATTORNEY Matter 23-1521 September 22 , Zd53ria 2T'Z20 EDT OocuSkled SIGNATURE: w,,;,9,,. ASSISTANT CITY MANAGER, CHIEF FINANCIAL OFFICER September 25, Larry Spring,CPA 2023 I 15 3:45 EDT SIGNATURE: [7 ASSISTANT CITY MANAGER, CHIEF OF OPERATIONS September 25, Natasha Colebrook -Williams 2023 I 15:27: 53 EDT SIGNATURE: NixF444 cae -WzUz ,.4 DEPUTY CITY MANAGER �fln B]OU9]SBEA�l B.. Nzeribe Ihekwaba, Ph.D., PE SIGNATURE: CITY MANAGER September 26, 2hlfr 0-gd21 EDT DocuSign. by SIGNATURE: ra6,uur Nariuy, 86B6F§6d]2 CITY CLERK September 27, 2023d1 d nnon 11:41:04 EDT SIGNATURE: s9 "' C....7,30C.1 PLEASE ATTACH THIS ROUTING FORM TO ALL DOCUMENTS THAT REQUIRE EXECUTION BY THE CITY MANAGER IAFI I{SPAT 1 I City of Miami Office of the City Attorney Legal Services Request To: Office of the City Attorney From: Victoria Giraldo Contact Person Procurement Contracting Officer Title 9/22/2023 Date: Procurement Requesting Client (305) 416-1916 Telephone Legal Service Requested: Matter 23-1521: City of Miami Parks & Recreation- 50th Year Anniversary Gala at Jungle Island Complete form and forward to the Office of the City Attorney or e-mail to Legal Services. Do not assume that the Office of the City Attorney knows the background of the question and/or issue, such as opinions on the same or similar issues, the existence of relevant memos, correspondence, etc. Please attach to this form and/or e-mail all pertinent information relating to the subject. Once your request has been assigned, an e-mail will be sent to you with the Assigned Attorney's name and the issued matter identification number. All attorneys in the Office of the City Attorney shall fully comply with the Rules Regulating the Florida Bar. For Legal Services requesting an opinion from the Office of the City Attorney: nlssue opinion in writing. Publish opinion after issuance. Authorized by: Annie Perez Date response requested by: BELOW PORTION TO BE COMPLETED BY THE OFFICE OF THE CITY ATTORNEY Assigned Attorney: Date: File No. Approved by: Ultimate Client: Comments: D / R Date: Copy returned to Requesting Client Type: Matrix: Category: Copy to Ultimate Client rev. 04/14/2017 Updated: 9/20/2023 JINL I L■ND 1111 Parrot Jungle Trail Miami, Florida 33132 P: 305-400-7230 CONTRACT EVENT: City of Miami Parks & Recreation- 50th Year Anniversary Gala ACCOUNT: City of Miami Parks and Recreation CONTACT: Nadia Arguelles-Goicoechea PHONE: 305-960-4962 EMAIL: narguelles©miamigov.com ADDRESS: 4560 NW 4th Terrace Miami , FL 33126 DATE: 10/5/2023 LOCATION: Jungle Island EVENT PLANNER: Maria Salinas PHONE: 3054007237 ext. msali EMAIL msalinas©jungleisland.com MANAGER: Maria Salinas SCHEDULE OF EVENTS Name Date Time Areas Event Event Guests Gtd Rental F&B Type Min City of Miami Parks & Recreation- 50th Year Anniversary Gala 10/5/ 2023 7:00 pm Bloom Ballroom, Bloom — 11:00 South Foyer, and Dinner pm Terrace 250 250 ROOM RENTAL Thu, 10/5/2023 Dinner 7:00 PM - 11:00 PM Bloom Ballroom, Bloom South Foyer, and Terrace Qty 1 EVENT SPACE RENTAL FEES PARKING Guest Pay Own -Discounted from $15 usd Rate per Vehicle Price Discount Discount Price $2,500.00 100% $0.00 $10.00 Total FOOD Thu, 10/5/2023 Dinner 7:00 PM - 11:00 PM Bloom Ballroom, Bloom South Foyer, and Terrace Qty 250 Bloom Plated Dinner THREE COURSE DINNER All meals include: Freshly Baked Rolls and Sweet Cream Price Discount Discount Price $60.00 20% Total $12,000.00 1 of 9 City of Miami Parks & Recreation- 50th Year Anniversary Gala Butter, Freshly Brewed Coffee and Herbal Teas Updated: 9/20/2023 STARTERS (Select One)** Baby Arugula & Frisee Wild Strawberries, Mandarin Orange, Radish, Jubilee Tomatoes, Cucumber Ribbon, Toasted Sesame Dressing Crisp Romaine & Baby Spinach Wild Mushrooms, Grape Tomatoes, Goat Cheese Crumbles, Pancetta Crisp with a White Balsamic Vinaigrette Grilled Caesar Salad Grape Tomatoes, Mozzarella Pearls, Kalamata Olives, Peppercorn Parmesan Dressing Local Baby Spinach and Roasted Beets Feta, Candied Walnuts, Fuji Apples, Mustard Pancetta Dressing Greek Salad Cucumber Ring, Feta, Romaine, Olives, Cherry Tomato, Peppers, Red Onion, Greek Dressing Chilled Watermelon Gazpacho Soup Creme Fraiche, Chive ENTREES (Select One)** Poultry Option Tarragon Chicken Grain Mustard Demi, Roasted Pepper Mashed Potato, Roasted Carrots Panko Chicken Rustico Eggplant Marmalade, Buffalo Mozzarella, Tomato Reduction, Shallot Infused Potato, Fresh Broccolini Asian Roasted Chicken Soy Lime Glaze, Shitake Crisp, Thai Chili Hoison Sauce, Jasmine Rice, Julienne Vegetables Chicken Avellino Mushrooms, Artichoke, Sundried Tomatoes, Basil, Mascarpone Mashed Potatoes, Asparagus DESSERTS (Select One)** Classic Key Lime Pie Toasted Coconut Meringue Kisses Flourless Chocolate Cake Wild Berries, Fresh Whipped Cream Guava Cheesecake Raspberry Smear,Wild Berries, Fresh Whipped Cream Triple Chocolate Mousse Pyramid Chocolate Sauce, Wild Berries, Fresh Whipped Cream Mango Cream Tart Wild Berries, Fresh Whipped Cream 250 SODA BAR $12.50 20% $2,500.00 2 of 9 City of Miami Parks & Recreation- 50th Year Anniversary Gala Updated: 9/20/2023 BEVERAGE Thu, 10/5/2023 Dinner 7:00 PM - 11:00 PM Bloom Ballroom, Bloom South Foyer, and Terrace Qty Cash Bar (Options below available for guests to purchase)** Ultra Premium Deluxe Brands Domestic Beer Imported Beer House Wines Price Total $17.00 $15.00 $9.00 $10.00 $12.00 Total Food Beverage Resort Fee Service Charge 5.0% 23.0% $12,000.00 $2,500.00 $891.75 $3,335.00 Grand Total $18,726.75 Deposit Estimated Amount Due $9,363.38 $18,726.75 3 of 9 City of Miami Parks & Recreation- 50th Year Anniversary Gala Updated: 9/20/2023 JVH L MIND — eMiwTs — 1111 Parrot Jungle Trail Miami, Florida 33132 P: 305-400-7230 TERMS AND CONDITIONS This agreement is between The City of Miami and Ovations Food Services, LP. RESPONSIBILITY OF CATERER: To cater and serve the agreed upon menu at Customer's "event" to be held at the facility for the date of Thursday, October 5, 2023 . To provide such other requirements as are specified in the attached event order section of this agreement. RESPONSIBILITY OF CUSTOMER: Customer must provide a guarantee of the total number of persons and/or quantities to be served (4) days prior to the function, excluding weekends. PAYMENT POLICY/ADVANCED DEPOSIT: An advance deposit is required when properly securing space at Ovations Food Services at Jungle Island and additional advance deposits will be required up to the date of the event. The advanced deposit schedule shall be as follows: • On signature of this contract an advanced deposit of 50% or $$9.363.38 is required. • Customer agrees to pay in advance the deposit of 50% of the total amount of the invoice to be paid at least two months prior. The Final Guarantee & Final Balance is due 4 full business days prior to the event on —Friday, September 29th- by 12 noon. • Deposit payments received within two weeks of the event will need to be made either by electronic transfer of funds, cashier's check, or credit card. Please make all checks payable to Ovations Food Services. • Any additional amount(s) due Caterer from Customer based on actual number of persons served and/or other incidental charges (i.e., minimums and labor guarantees) will be determined following the event. Such amount will be payable by Customer credit card or check immediately following event. • In the event the Final Balance owing to the Caterer is not paid within forty-five (45) days following the event, such balance shall accrue a 1-1/2% late charge each month that the balance is outstanding. • No service will commence until the signed Catering Agreement is returned to Ovations Food Services. • Caterer will gladly accept credit card payments from MC, Visa and American Express, check, or electronic transfer of funds (for bank wiring information contact your Catering Sales Manager) • A 3% fee will be assessed on all payments made by credit card. This fee will be due at the time of credit card payment and is non-refundable. No transaction fee will be assessed on payments made by check, cash, or debit card. • All Deposits are Non -Refundable and Non -Transferable. OPTION DATE: Your date is being held as "Definite Hold" Event based on our conversations and Caterer will not release the 4 of 9 City of Miami Parks & Recreation- 50th Year Anniversary Gala Updated: 9/20/2023 event space unless directed by you before 5/19/23 pending receipt of your signed contract and requested Deposit. Following this time the space may become available to others without notification. POLICIES AND PROCEDURES FUNCTIONS, MEETING SPACE AND CATERING 1. The sale and dispensing of alcoholic beverages are regulated by the City of Miami and the State of Florida. Caterer sells all liquor that is to be consumed on Jungle Island property and reserves the right of refusal of service to any attendee without penalty. 2. Caterer must receive the final guarantee of number expected for each meal function, unless otherwise noted due to menu selection, no later than 4 days prior to the date of the function. All food and beverage prices are subject to applicable tax, currently 8% and all catered events are subject to a 23% Management Charge. 15.5% of this Management Charge is distributed to the employees who perform services in connection with the catered event. The remaining 23% of this Management Charge is the sole property of the food/beverage service company or the venue owner, as applicable, is used to cover such party's costs and expenses in connection with the administration of the catered event (other than employee tips, gratuities, and wages), and is not charged in lieu of a tip. The Management Charge is not a tip, gratuity, or service charge, nor is it purported to be a tip, gratuity, or service charge, for any wait staff employee, service employee, service bartender, or other employee, and no part of the Management Charge will be distributed (as a tip, gratuity, or otherwise) to any employee who provides service to guests. 3. Subject to Section 768.28, Florida Statutes, the City assumes it's own responsibility and liability for it's own negligence. 4. The Customer agrees and acknowledges that Jungle Island is a Multi -Event Facility with shared common areas. Sound levels, where and whenever possible, will be mandated without penalty at the discretion of Jungle Island Management. 5. Caterer reserves the right to assign space as needed to maximize our potential. 6. Confetti and/or Glitter are not allowed in any event location. A charge will automatically be applied to the Master Account if used without written permission. 7. Overtime Labor Charges will apply for Events going beyond the contracted agreed upon scheduled times. Additional $6.00++ per Hour, per person based upon the Guarantee of Attendance, for events without extended bar service: and additional $12.00++ per Hour, per person, for events with extended bar service. 8. OUTSIDE FOOD & BEVERAGES: No food or beverage of any kind will be permitted to be brought into the facility by the Customer or Customer's guests or invitees without prior written approval of the General Manager or Food & Beverage Director. Food items may not be taken off the premises; however, at Caterer's sole discretion, excess prepared food may be donated under regulated conditions to agencies feeding the underprivileged. MENU PRICING Menu Pricing has been established for you based upon our menu above. Please note that menu and final details are due at least 45 days prior to event. Please also note your final signed BEO, invoice and diagram are all due 4 business days prior to event. SPECIAL REQUESTS Special individual dietary requests must be received (4) working days prior to the event. Caterer will prepare a vegetarian entree selection of up to 1 % of the final guarantee for all plated served dinners. MINIMUMS We are contracting space for your event based on the menu price of $58.00++ per Guest, with a Minimum Guest Count of 250 Guests. All catered events are subject to a 23% Management Charge. 15.5% of this Management Charge is distributed to the employees who perform services in connection with the catered event. The remaining 7.5% of this Management Charge is the sole property of the food/beverage service company or the venue owner, as applicable, is used to cover such party's costs and expenses in connection with the administration of the catered event (other than employee tips, gratuities, and wages), and is not charged 5 of 9 City of Miami Parks & Recreation- 50th Year Anniversary Gala Updated: 9/20/2023 in lieu of a tip. The 7.5% Management Charge is not a tip, gratuity, or service charge, nor is it purported to be a tip, gratuity, or service charge, for any wait staff employee, service employee, service bartender, or other employee, and no part of the Management Charge will be distributed (as a tip, gratuity, or otherwise) to any employee who provides service to guests. All Food and Beverage Prices are subject All Applicable Taxes & 5% Resort fee Final minimum guarantee is due four business days prior to event. Final guarantee will be the minimum guarantee set up or the final amount served, whichever is greater. Client or designate must approve/ request any additional amount. Ovations will be prepared to serve 5% over your final guest count provided four days prior. Any additional guests added after the guaranteed date is subject to an additional 15% charge per person. Final diagrams and seating charts are required no later than 4 days prior to the event. Any changes after this date will incur additional charges. CANCELLATION • All deposits and payments are non-refundable. • All requests for cancellation must be in writing from the Customer. • Cancellation more than 90 days prior to Event will owe 50% of the agreed Minimum. • Cancellation 31 to 90 days prior to Event will owe 75% of the agreed Minimum. • Cancellation 30 days or less will owe 100% of the agreed Minimum. PARKING Jungle Island provides attached Self Parking for guests attending the event at a rate of: $10.00 per vehicle, Self Pay. IMPOSSIBILITY OF PERFORMANCE The performance of this agreement is subject to termination without liability upon the occurrence of any circumstance beyond the control of either party- such as acts of God, war pandemics, public health emergencies, acts or threats of terrorism, government regulations , disaster, strikes, civil disorder, recognized health threats as determined by the World Health Organization, the centers for Disease Control, or local Government authority or health agencies (included by limited to the health threats of COVID-19, H1 N1, or similar infectious diseases), curtailment of transportation facilities, or other similar occurrence beyond the control of either party, where any of those circumstances , situations, or similar factors prevent, dissuade, or reasonably delay at least 40% of event attendees from appearing at the event. Including but not limited to corporate travel restrictions, federal, state or local travel bans and/or restrictions issued. The client shall be entitled to a full refund of all costs paid to Jungle Island and Jungle Island releases the client from all obligations and liabilities under this agreement. The ability to terminate this agreement without liability pursuant to this paragraph is conditioned upon delivery of written notice to the other party setting forth the basis for such termination as soon as reasonably practical- but in no event longer than 10 days - after learning of such basis. GENERAL PROVISIONS (A) By executing this Agreement, the Customer consents to the exercise of personal jurisdiction over the Customer by the courts of the city of Miami, Florida. The Parties agree that the venue of any action involving or arising under this Contract shall be in the City of Miami, Florida. (B) This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. (C) If any provision of this Agreement is unenforceable under applicable law, the remaining provisions shall continue in full force and effect; (D) In any legal proceeding of any nature involving the interpretation, construction, application, or enforcement of any of the terms of this Agreement, each Party shall be responsible for their own court costs and attorney's fees incurred in connection with the proceeding. VENDORS Subject to Section 768.28, Florida Statutes, the City assumes it's own responsibility and liability for it's own negligence. 6 of 9 City of Miami Parks & Recreation- 50th Year Anniversary Gala Updated: 9/20/2023 Nondiscrimination: Caterer affirms that it shall not discriminate as to race, age, religion, color, gender, gender identity, sexual orientation, national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully used in connection with its performance under this Agreement. Furthermore, Caterer affirms that no otherwise qualified individual shall solely by reason of their race, age, religion, color, gender, gender identity, sexual orientation, national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully used, be excluded from the participation in, be denied benefits of, or be subjected to, discrimination under any program or activity. In connection with the conduct of its business, including performance of Services and employment of personnel, Caterer shall not discriminate against any person on the basis of race, age, religion, color, gender, gender identity, sexual orientation, national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully used. All persons having appropriate qualifications shall be afforded equal opportunity for employment. E-Verify Employment Verification: Caterer shall E-Verify the employment status of all employees and subconsultants to the extent required by federal, state, and local laws, rules, and regulations. The City shall consider the employment by Caterer of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If the Caterer knowingly employs unauthorized aliens, such violation shall be cause for termination of the Agreement. Furthermore, Caterer agrees to utilize the U.S. Agency of Homeland Security's E-Verify System, https://e-verify.uscis.gov/emp, to verify the employment eligibility of all employees during the term of this Agreement. The Caterer shall also include a requirement in subcontractor agreements that the subcontractor shall also utilize the E-Verify System to verify the employment eligibility of all employees of the subcontractor the term of this Agreement. THIRD PARTY OPTION The persons signing this Agreement on behalf of Jungle Island and the Customer respectively each warrant that they are authorized to make the agreements set out on behalf of Jungle Island and the Customer, respectively, and have the authority to bind these two to this Agreement. This Agreement constitutes the entire understanding between the parties, and supersedes any previous communications, representations or agreements, whether written or oral. No changes or modifications of any of the terms or conditions of this Agreement shall be valid or binding on either party unless in writing and signed by an authorized representative of each party. Any provision of this Agreement, which is unenforceable in such jurisdiction, shall not invalidate or render unenforceable the remainder of this Agreement. Notices must be sent by certified or registered mail, return receipt requested, or by facsimile, and shall be effective upon actual receipt. APPROVAL OF CONTRACT: Caterer shall not be responsible for any losses resulting from non -fulfillment of any terms or provisions of this Agreement if Caterer shall be delayed or prevented from performing in whole or in part because of war, riot, strike, flood, or by any other act of occurrence not within control of Caterer or which Caterer could not prevent. Each person signing this agreement on behalf of the Customer represents that he has full authority to bind the Customer and will be jointly and severally liable for all amounts owing if said authority is found to be false. This agreement shall be binding upon the parties hereto, their heirs, administrators, executors, successors, and assignors. In witness whereof, Customer and Caterer have executed this agreement: Counterparts; Electronic Signatures: This Agreement may be executed in counterparts, each of which shall be an original as against either party whose signature appears thereon, but all of which taken together shall constitute but one and the same instrument. An executed facsimile or electronic scanned copy of this Agreement shall have the same force and effect as an original. The parties shall be entitled to sign and transmit an electronic signature on this Agreement (whether by facsimile, PDF, or other email transmission), which signature shall be binding on the party whose name is contained therein. Any party providing an electronic signature agrees to promptly execute and deliver to the other parties an original signed Agreement upon request. 7 of 9 City of Miami Parks & Recreation- 50th Year Anniversary Gala Updated: 8/25/2023 name is contained therein. Any party providing an electronic signature agrees to promptly execute and deliver to the other parties an original signed Agreement upon request. "Caterer" OVATIONS FOOD SERVICES, LP, a foreign limited partnership pending authority to conduct business in Florida ATTEST: BY: JUNIC ISLci d CNC1414Cr good CQINICCK Name: OCiria Title: eVQ)4 &: Ic UGnaC C Date: 8/2c11202 "City" CITY OF MIAMI, a Florida municipal corporation ATTEST: BY: �DocuSigned by: � 3" Todd B. Hannon City Clerk Date: DocuSigned by: BY: Name: Title: Date: DocuSigned by: _iii,agg BY: avgaur No" Arthur Noriega V City Manager September 27, 2023 1 11:41:04 EDT Date: September 26, 2023 1 09:19:21 EDT APPROVED AS TO LEGAL FORM AND APPROVED AS TO INSURANCE CORRECTNESS: REQUIREMENTS: ,yocuSigned BY: �DS BY: r TMF 23-1521 Victoria Mendez Anne Marie Sharpe, Director 8 of 9 City of Miami Parks & Recreation- 50th Year Anniversary Gala Updated: 8/25/2023 City Attomey Risk Management September 22, 2023 1 21:53:20 EDT Date: Date: September 22, 2023 1 14:37:11 EDT 9 of 9 City of Miami Parks & Recreation- 50th Year Anniversary Gala City of Miami Procurement Department Summit Updated: 8/25/2023 Indemnification: The Caterer shall indemnify, save and hold harmless, and defend (at its own cost and expense), the City, its officers, agents, directors, employees, agencies and/or instrumentalities (individually and collectively the "Indemnitees") from all liabilities, damages, losses, judgements, and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, negligent act or omission, or intentional wrongful misconduct of Caterer and persons employed or utilized by Caterer in the performance of this Agreement. Caterer shall further indemnify, save and hold harmless, and defend (at its own cost and expense), the Indemnitees against any civil actions, statutory or similar claims, injuries or damages arising or resulting from the Services, even if it is alleged that the Indemnitees were negligent. In the event that any action or proceeding is brought against the Indemnitees by reason of any such claim ordemand, the Caterer shall, upon written notice from the City, resist and defend such action or proceeding by counsel satisfactory to the City. The Caterer expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the Caterer shall in no way limit the responsibility to indemnify, keep, save, hold harmless and defend the Indemnitees as herein provided. The indemnification provided above shall obligate the Caterer to defend, at its own expense, to and through trial, administrative, appellate, supplemental or bankruptcy proceeding, or to provide for such defense, at the City's option, any and all claims of liability and all suits and actions of every name and description which may be brought against the Indemnitees, whether performed by the Caterer, or persons employed or utilized by Caterer. These duties shall survive the cancellation or expiration of the Agreement. This Section shall be interpreted under the laws of the State of Florida, including without limitation and interpretation, which conforms to the limitations of Sections 725.06 and/or 725.08, Florida Statutes, as applicable and as amended. Caterer shall require all subconsultant agreements to include a provision that each subconsultant shall indemnify the Indemnitees in substantially the same language as this Section..TheExpert Consultant agrees and recognizes that the Indemnitees shall not be held liable or responsible for any claims which may result from any actions or omissions of the Caterer in which the Indemnitees participated either through review or concurrence of the Caterer actions. In reviewing, approving or rejecting any submissions by the Caterer or other acts of the Caterer, the Indemnitees, in no way, assume or share any responsibility or liability of the Caterer or subconsultant under this Agreement. Ten Dollars ($10.00) of the payments made by the City constitute separate, distinct, and independent consideration for the granting of this Indemnification, the receipt and sufficiency of which is voluntarily and knowingly acknowledged by the Caterer. 11 of 12 City of Miami Procurement Department Summit INSURANCE REQUIREMENTS -CATERING SERVICES JUNGLE ISLAND CITY EVENTS I. Commercial General Liability A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence $1,000,000 General Aggregate Limit $ 2,000,000 Personal and Adv. Injury $ 1,000,000 Products/Completed Operations $ 1,000,000 B. Endorsements Required City of Miami listed as additional insured Contingent & Contractual Liability Premises and Operations Liability Primary Insurance Clause Endorsement Non Owned Auto Exposures Included II. Worker's Compensation Limits of Liability Statutory -State of Florida Waiver of Subrogation Employer's Liability A. Limits of Liability $100,000 for bodily injury caused by an accident, each accident $100,000 for bodily injury caused by disease, each employee $500,000 for bodily injury caused by disease, policy limit The above policies shall provide the City of Miami with written notice of cancellation or material change from the insurer in accordance to policy provisions. Companies authorized to do business in the State of Florida, with the following qualifications, shall issue all insurance policies required above: The company must be rated no less than "A-" as to management, and no less than "Class V" as to Financial Strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All policies and /or certificates of insurance are subject to review and verification by Risk Management prior to insurance approval. ACO O® CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD(YYYY) 3/30/2024 9/1/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have RED provisions or be en of If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Lockton Companies 8110E Union Avenue Suite 100 Denver CO 80237 (303) 414-6000 INSURED Oak View Group, LLC - 1506160 Food Service and Hospitalty Ovations Food Servcies, LLC (see attached) 150 Rouse Boulevard, a, COVERAGE§i i �Ll p hrlrh4-Yf��`" NAME: PHUNt FAX Fail: I INC Nol: ADDRESS: INSURER(S) AFFORDING COVERAGE IL NA # NSURER A : PMA Insurance Ciroun NSURER B : Travelers Property Casualty Company of America 36897 25674 INSURER c : HDI Global SnecialtY SE INSURER D : Travelers Casualty and Surety Company INSURER E : NSURERF: 40041 19038 CERTIFICATE NUMBER.19870217 REVISION NUMBER. XXXXXXX N LTR THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW -HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. (.1;.) SH vSD AI SUBR �POLu'r tFF POLICYEXP u wvn POLICY NUMBER (MM/DD/YYYY)(MM/DD TYPE OF INSURANCE A COMMERCIAL GENERAL LIABILITY CIAIMSMADE X OCCUR FX Liquor Liab. $1M/$2M k IGEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO JECT LOC OTHER: B AUTOMOBILE LIABILITY ANY AUTO x OWNED AUTOS ONLY HIRED AUTOS ONLY I-1 SCHEDULED AUTOS NON -OWNED AUTOS ONLY C UMBRELLA LIAB X I OCCUR X EXCESS LIAB IH CLAIMS -MADE �—I-DED1 —I RETENTIONS WORKERS COMPENSATION B AND EMPLOYERS' LIABILITY I) ANY PROPRIEfOR/PARTNERIEXECUfVE OFFICERIMEMBER EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y/N El Y N 302301-10-62-38-9 3/30/2023 LIMITS 3/30/22 0\ EACH OCCURRENCE PREMISES (Ea ocarmen"..' MED EXP (Any one person) �O TJ-CAP-4R629726-T1L-23 3170/2023 3/30/2024 J SI8EX01II K6k 3/30/2023 3/30/2024 82512-23-51-K 3/30/2023 3/30/2024 781146-23-51-R 3/30/2023 3/30/2024 $ L000 000 $ 1.000 000 $ Excluded PERSONAL. & ADV INJURY GENERAL AGGREGATE PRODUCTS -COMP/OPAGG $ 1.000.000 $ Not Annlicable rr $ 2 000 000 COMBINED SINGLE LIMIT rEa accident) BODILY INJURY (Per person) $ 1 000.000 $XXXXXXX BODILY INJURY (Per accident) $XXXXXXX PHOvERr9 crAnwGt (Per accidentl EACH OCCURRENCE !AGGREGATE $XXXXXXX s xXXXXXX--- $ 5 000 Q00 $ 5 000 Q00 X1STATIFER! E I ER $XXXXX XXX E.L. EACH ACCIDENT $ 1 000 000 E.L. DISEASE - EA EMPLOYEE : $ 1 000 000 E.L. DISEASE - POLICY LIMIT $ 1 000 000 DESCRIPTION OF OPERATIONS/ LOCATIONS / VEHICLES (ACORD 101,Additional RemarksSchedule, may be attached if more space is required) THIS CERTIFICATE SUPERSEDES ALL PREVIOUSLY ISSUED CERTIFICATES FOR THIS HOLDER, APPLICABLE TO THE CARRIERS LISTED AND THE POLICY TERM(S) REFERENCED. :Sty of Miami is included as additional insured as respects General Liability and Auto Liability if required by written contract. Primary & Non-contributory is included. Waiver of Subrogation applies in favor of the additional insured as respects Workers comp if required by written contract, where permissible by law. CERTIFICATE HOLDER CANCELLATION See Attachment 19870217 City of Miami Dept. of Procurement Attn: Aimee Gandarilla 444 SW 2nd Avenue, 6th Floor Miami, FL 33130 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE f _ � `�.r' - 1 i988-2R '5 ACORD CURPURATION. All rlgflts reserves._ Attachment Code: D616558 Master ID: 1506160, Certificate ID: 19870217 Named Insured Schedule Oak View Group, LLC Ovations Food Services, LP Ovations Food Services, LLC dba Spectra Food Services and Hospitality dba Brulee Catering Spectra SV Management Company Spectra US, LLC ((''��� OV Spectra US II, Corporation Ovations Food Services of Texas, �L(Ci Ovations Food Services I, In Ovations Food Servicesglahoma City, LLC Ovations Food Seervices of Maryland, LLC Spectra Finance, LLC 4C)) Spectra Holdings II, LLC O OVG Spectra Holdco, LLC JI Ovations Fanfare, LP J< Ovations Hotel Group, LLC -"1/411(4445). Ovations Food Services of Wasthington N 5 Ovations Food Services of Kansas, LLC OVG360 Facility Concessions Services, LLC dba Spectrum Catering, Concessions and Special Events dba Wicked Whisk Catering Attachment Code: D616558 Master ID: 1506160, Certificate ID: 19870217 dba Event Technology Services dba Arizona Catering Spectrum Maple Leaf, Inc. Spectrum Way, LLC OVG Bridgeport Facilities, LLC From: Quevedo, Terry To: Gandarilla, Aimee Cc: Gomez Jr., Francisco (Frank); Aviles, Yesenia Subject: RE: Jungle Island: Contract Comment for City of Miami Procurement Depart... [10/19 & 10/20] Date: Friday, September 1, 2023 2:54:05 PM Attachments: image001.pnq image003.pnq image004.pnq image005.pnq image006.pnq image007.pnq image008.pnq image009.pnq image010.pnq image011.pnq image012.pnq Aimee The certificate is adequate. Regards, Qteteeck City of Miami Risk Management Department 9th Floor 444 SW 2nd Avenue Miami, Florida 33130 (305) 416-1641 Office (305) 416-1710 Fax V Tquevedo@miamigov.con.AV " ewusy, Seeaacie9, aid 7144&eief aw` gaasust:larG 40cL From: Gandarilla, Ai NAGandarilla@miamigov.com> Sent: Friday, Septel?trer 1, 2023 2:46 PM To: Quevedo, Terry <TQuevedo@miamigov.com> Cc: Gomez Jr., Francisco (Frank) <FGomez@miamigov.com>; Aviles, Yesenia <YAviles@miamigov.com> Subject: RE: Jungle Island: Contract Comment for City of Miami Procurement Depart... [10/19 & 10/20] Hi Terry, Please advise. Thank you. Thank you, Qintex gandavciQa Procurement Assistant City of Miami Department of Procurement nd th INSURANCE REQUIREMENTS -CATERING SERVICES JUNGLE ISLAND CITY EVENTS I. Commercial General Liability A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence $1,000,000 General Aggregate Limit $ 2,000,000 Personal and Adv. Injury $ 1,000,000 Products/Completed Operations $ 1,000,000 B. Endorsements Required City of Miami listed as additional insured Contingent & Contractual Liability Premises and Operations Liability Primary Insurance Clause Endorsement Non Owned Auto Exposures Included II. Worker's Compensation Limits of Liability Statutory -State of Florida Waiver of Subrogation Employer's Liability A. Limits of Liability $100,000 for bodily injury caused by an accident, each accident $100,000 for bodily injury caused by disease, each employee $500,000 for bodily injury caused by disease, policy limit The above policies shall provide the City of Miami with written notice of cancellation or material change from the insurer in accordance to policy provisions. Companies authorized to do business in the State of Florida, with the following qualifications, shall issue all insurance policies required above: The company must be rated no less than "A-" as to management, and no less than "Class V" as to Financial Strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All policies and /or certificates of insurance are subject to review and verification by Risk Management prior to insurance approval. Olivera, Rosemary From: Gandarilla, Aimee Sent: Thursday, September 28, 2023 9:30 AM To: Olivera, Rosemary Subject: RE: Parks & Recreation Gala at Jungle Island Attachments: Parks & Recreation Gala at Jungle Island.pdf let me know. Thank you, aimee candmilta Procurement Assistant City of Miami Procurement Department 444 SW 2nd Avenue, 6th floor, Miami, FL 33130 P (305) 416-1906 F (305) 400-5338 E agandarilla@miamigov.com https://www.miami.gov/My-Government/Departments/Procurement "Serving, Enhancing, and Transforming our Community" From: Olivera, Rosemary <ROlivera@miamigov.com> Sent: Thursday, September 28, 2023 9:24 AM To: Gandarilla, Aimee <AGandarilla@miamigov.com> Subject: RE: Parks & Recreation Gala at Jungle Island Hi Aimee, The original document sent for attestation is 18 pages long. This document only reflects 13 pages. Please send the original document that was sent for attestation for our records so that our documents reflect the exact document that was originally received for Todd to attest. ROSEMARY OLIVERA CITY CLERK'S OFFICE MIAMI CITY HALL 3500 PAN AMERICAN DRIVE MIAMI, FL 33133 305-250-5365 ROLIVERA@MIAMIGOV.COM From: Gandarilla, Aimee <AGandarilla@miamigov.com> Sent: Thursday, September 28, 2023 9:11 AM To: Olivera, Rosemary <ROlivera@miamigov.com> Subject: RE: Parks & Recreation Gala at Jungle Island Good morning Rosemary, Let me know if you need anything else. i Thank you, aintee gandavat& Procurement Assistant City of Miami Procurement Department 444 SW 2nd Avenue, 6th floor, Miami, FL 33130 P (305) 416-1906 F (305) 400-5338 E agandarilla@miamigov.com https://www.miami.gov/My-Government/Departments/Procurement "Serving, Enhancing, and Transforming our Community" From: Olivera, Rosemary <ROlivera@miamigov.com> Sent: Thursday, September 28, 2023 8:54 AM To: Gandarilla, Aimee <AGandarilla@miamigov.com> Subject: RE: Parks & Recreation Gala at Jungle Island Importance: High Hi Aimee, Can you send me the document that contained the Document Routing Form as well as the legal opinion? Those two pages are missing from the original paperwork sent for attestation. ROSEMARY OLIVERA CITY CLERK'S OFFICE MIAMI CITY HALL 3500 PAN AMERICAN DRIVE MIAMI, FL 33133 305-250-5365 ROLIVERA@MIAMIGOV.COM From: Gandarilla, Aimee <AGandarilla@miamigov.com> Sent: Wednesday, September 27, 2023 11:47 AM To: Hannon, Todd <thannon@miamigov.com> Cc: Lee, Denise <DLee@miamigov.com>; Olivera, Rosemary <ROlivera@miamigov.com>; Brown, Sadie <SBrown@miamigov.com>; Roberts, Frankeetha <FRoberts@miamigov.com> Subject: Parks & Recreation Gala at Jungle Island Good morning Todd, Please find attached the fully executed copy of an agreement from DocuSign that is to be considered an original agreement for your records. Thank you, aintee gand avatta Procurement Assistant City of Miami Procurement Department 444 SW 2nd Avenue, 6th floor, Miami, FL 33130 P (305) 416-1906 F (305) 400-5338 E agandarilla@miamigov.com 2 https://www.miami.gov/My-Government/Departments/Procurement "Serving, Enhancing, and Transforming our Community"