HomeMy WebLinkAbout23048AGREEMENT INFORMATION
AGREEMENT NUMBER
23048
NAME/TYPE OF AGREEMENT
JUNGLE ISLAND EVENTS
DESCRIPTION
CATERING AGREEMENT - OVATIONS FOOD SERVICES LP -
FOR CITY OF MIAMI'S PATHWAYS TO PUBLIC
PROCUREMENT / MATTER ID:20-372 #128
EFFECTIVE DATE
March 9, 2020
ATTESTED BY
TODD B. HANNON
ATTESTED DATE
3/9/2020
DATE RECEIVED FROM
ISSUING DEPT.
3/10/2020
NOTE
CITY OF MIAMI
DOCUMENT ROUTING FORM
ORIGINATING DEPARTMENT: Procurement Department
DEPT. CONTACT PERSON: Aileen Carbonell/Annie Perez
,NAME OF OTHER CONTRACTUAL PARTY/ENTITY: Jungle Island Events
EXT.1922
'IS THIS AGREEMENT A RESULT OF A COMPETITIVE PROCUREMENT PROCESS? ❑ YES
,TOTAL CONTRACT AMOUNT: $ FUNDING INVOLVED? ❑ YES
TYPE OF AGREEMENT:
❑ MANAGEMENT AGREEMENT
❑ PROFESSIONAL SERVICES AGREEMENT
❑ GRANT AGREEMENT
❑ EXPERT CONSULTANT AGREEMENT
❑ LICENSE AGREEMENT
OTHER: (PLEASE SPECIFY)
❑ PUBLIC WORKS AGREEMENT
MAINTENANCE AGREEMENT
El INTER -LOCAL AGREEMENT
El LEASE AGREEMENT
❑ PURCHASE OR SALE AGREEMENT
❑ NO
❑ NO
PURPOSE OF ITEM (BRIEF SUMMARY): Catering Services by Ovations Food Services LP for City of Miami's
Pathways to Public Procurement Event for Signature
.2w .Tuvy ; 4 � A..i'. a-� jkca-�wyo Sc,c4,�rE Pit t -
CO MISSION APPROVAL DATE: / / FILE ID: EN—ENNO.:
IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN:
Iry
Date
PLEASE PRINT AND SIGN
ROUTING INFORMATION -,y-t"�
APPROVAL BY DEPARTMENTAL DIRECTOR
PR 20104
�. 2`�
ZC.Z�
PRINT: Annie Perez, CPPO
SIGNATURE:
SUBMITTED TO RISK MANAGEMENT
L�
PRIN • rp2�
4 n- Ann-Mrie v 4
SIGNATURE:
SUBMITTED TO CITY ATTORNEY-i�o�JcccZ
MATTER ID No. 20-372
�� o
PRINT: Victoria Mendez
('cr
SIGNATURE: 1
APPROVAL BY ASSISTANT CITY MANAGER
®/L 7/9 i42 Ce-C-tee, i
2�2-a�ED.
PRINT: Sandra Bridgeman '
SIGNATURE.
BY CITY MANAGERSIGNATURE:
3/51;9-0RECEIVED
PRINT: A hur Noriega V
1) ONE ORIGINAL TO CITY CLERK,
2) ONE COPY TO CITY ATTORNEY'S OFFICE,
3) REMAINING ORIGINAL(S) TO ORIGINATING
DEPARTMENT
PRINT: Todd Hannon
SIGNATURE:
PRINT Victoria Mendez
SIGNATURE:
PRINT:
SIGNATURE:
ASE ATTACH THIS ROUTING FORM TO ALL DOCUMENTS THAT REQUIRE
EXECUTION BY THE CITY MANAGER
* ccccc
11
'TOTAL CONTRACT AMOUNT: $ FUNDING INVOLVED? El .YES
TYPE OF AGREEMENT:
❑ MANAGEMENT AGREEMENT
❑ PROFESSIONAL SERVICES AGREEMENT
El GRANT AGREEMENT
❑ EXPERT CONSULTANT AGREEMENT
❑ LICENSE AGREEMENT
OTHER: (PLEASE SPECIFY)
CO
❑ PUBLIC WORKS AGREEMENT
El MAINTENANCE AGREEMENT
El INTER -LOCAL AGREEMENT
❑ LEASE AGREEMENT
❑ PURCHASE OR SALE AGREEMENT
CITY OF MIAMI
DOCUMENT ROUTING FORM
ORIGINATING DEPARTMENT: Procurement Department
DEPT. CONTACT PERSON: Aileen Carbonell/Annie Perez
NAME OF OTHER CONTRACTUAL PARTY/ENTITY: Jungle Island Events
EXT. 1922
'IS THIS AGREEMENT A RESULT OF A COMPETITIVE PROCUREMENT PROCESS? ❑ YES 1=1' NO —
NO:
'
PURPOSE OF ITEM (BRIEF SUMMARY): Catering Services for City of Miami's Pathways to Public
Procurement Event for Signature
COMMISSION APPROVAL DATE: / / FILE ID:
ENACTMENT NO.:
IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN:
,
ROUTING INFORMATION :.w;-: - Date PLEASE PRINT AND SIGN
R T: Annie Per , CPPO
APPROVAL BY DEPARTMENTAL DIRECTOR s 1)i1(-----.� __ ,
1
Q
/� NATURE: t j„,(c� G
5d6411*•0,-. /
P T• Ann- arie S e ' 2/ 2SUBMITTED TO RISK MANAGEMENT / ` 0 dqe',
2 I2 / 7D SIGNATURE:
j1 PRINT: Victoria Mendez
SUBMITTED TO CITY ATTORNEY
SIGNATURE:
PRINT: Sandra Bridgeman
APPROVAL BY ASSISTANT CITY MANAGER
SIGNATURE:
PRINT: Joe F. Napoli
APPROVAL BY DEPUTY CITY MANAGER
SIGNATURE:
PRINT: Emilio T. Gonzalez, Ph.D.
RECEIVED BY CITY MANAGER
SIGNATURE:
PRINT: Todd Hannon
1) ONE ORIGINAL TO CITY CLERK, SIGNATURE:
N/A
2) ONE COPY TO CITY ATTORNEY'S OFFICE, PRINT Victoria Mendez
SIGNATURE:
3) REMAINING ORIGINAL(S) TO ORIGINATING
DEPARTMENT PRINT:
SIGNATURE:
PLEASE ATTACH THIS ROUTING FORM TO ALL DOCUMENTS THAT REQUIRE
EXECUTION BY THE CITY MANAGER
CITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Annie Perez, Procurement Director, PRO
Procurement - COM
FROM: Pablo R. Velez, Assistant City Attorney
DATE: February 28, 2020
RE: Ovations Food Services- Catering( Pathways to Public Procurement)- Jungle
Island Event
Matter ID No.: 20-372
Enclosed please find the captioned agreement which has been approved by the City
Attorney as to form and correctness. Once this agreement has been fully executed please file one
original agreement with the City Clerk as the official record, please keep one original agreement
as your Department record, and please e-mail a copy of the fully executed agreement to my
assistant at tmickens@miamigov.com. We will be closing our file on this matter unless
additional services are requested.
If you have further questions, please feel free to contact me at 305-416-1800.
Enclosure(s)
WHEN RETURNING THIS CONTRACT
TO THIS OFFICE FOR FURTHER
REVIEW, PLEASE IDENTIFY AS
20-372
Doc. No.: 1300980
CITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Annie Perez, Director
Procurement - COM
FROM: Pablo R. Velez, Assistant City Attorney
DATE: February 13, 2020
RE: Ovations Food Services- Catering (Pathways to Public Procurement)- Jungle
Island Event
Matter ID No.: 20-372
The above -referenced agreement has received initial approval from the Office of the City
Attorney subject to the following:
1. Need City Commission approval.
2. Proper execution by the parties:
(a) If a corporation
(i) Corporate resolution (seal)
(ii) Signature by authorized corporate officer attested
to by corporate secretary (seal).
(b) If not a corporation
(i) Signature of two witnesses
3. Final review and approval by the Insurance Manager.
4. Final review and approval by the City Attorney.
5. Attachment of all the necessary exhibits (i.e. those exhibits
referred to within the agreement), if any.
:XXX 6. Revisions as noted. There should be three (3) original
Agreements and the Client, in this case, Natalia Plasencia,
Director of Catering must always sign prior to forwarding
to the Law Department.
Enclosure(s)
•
WHEN RETURNING THIS CONTRACT
TO THIS OFFICE FOR FURTHER
REVIEW, PLEASE IDENTIFY AS
Matter ID No.: 20-372
Doc. No.: 1293140
City of Miami
Office of the City Attorney
Legal Services Request
To: Pablo R. Velez
Office of the City Attorney
From: Annie Perez/Aileen Carbonell
Contact Person
Procurement Director
Title
Date: 02/25/2020
Procurement Department
Requesting Client
305-416-1922
Telephones
Legal Service Requested:
City of Miami's Pathways to Public Procurement Event Agreement with Jungle Island
Events for Signature Matter ID No. 20-372
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:
El Issue 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:
Type:
Matrix:
Category:
Copy returned to Requesting Client
Copy to Ultimate Client
rev. 04/14/2017
City of Miami
Office of the City Attorney
Legal Services Request
Supplemental Page
Copy returned to Requesting Client
Copy to Ultimate Client
rev. 04/14/2017
J!'NGLE ISLND
Today's Date:
Authorized Representative:
Name of Group:
Event Date:
Address:
City/State/Zip:
Client Phone:
Client Email:
Sales Contact:
Sales Email:
Phone:
Catering Agreement
Arthur Noriega V, City Manager
City of Miami's Pathways to Public Procurement
March 23-25th , 2020
444 SW 2nd Ave. Miami, FL 33130
Miami, FL 33130
305-416-1909
Tflagg@miamigov.com
Natalia Plasencia
Nplasencia(u iungleisland.com
(305) 400-7271
This agreement executed on a -AN C , 2020 by and between Arthur Noriega V, in his capacity
as City Manager on behalf of the City of Miami, a Florida municipal corporation, having its
principal office or residence at 444 SW 2nd Ave. Miami, Fl 33130 , hereinafter referred to as
"Customer," and Ovations Food Services, LP, hereinafter referred to as "Caterer."
RESPONSIBILITY OF CATERER:
To cater and serve the agreed upon menu at Customer's "event" to be held at the facility for the
dates of March 23-25th, 2020. To provide sueh 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 (3)
days prior to the function, excluding weekends.
FUNCTION SPACE:
The following specifications have been reserved at this time:
Date , '
,`":_,:_.
7 Start --,.End 7 7
a j_time Time
'Function
''' Setup
,.i.:,. 3y
l
Agreed`rr- Room Rental 1
-j Count �. -- _, _._.,:i
3/23/20
_----
8:00 am 6:00 pm
Set- Up
TBD
N/A
Waived
3/24/20
8:00 am 4:30 pm
Expo
TBD
200 -300
$8,000
3/25/20
8:00 am 4:30 pm
Expo
TBD
200-300
$8,000
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 $2,000.00 is required.
• Customer agrees to pay in advance the deposit of $2,000 upon completion of signed contract.
Remaining balance will be paid within 30 days after event conclusion.
1
• 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 any uncontroverted / undisputed balance owing to the Caterer is
not paid within thirty (30) days following 'the event, such balance shall accrue a 12% per.annum
interest for the period that the balance is outstanding.
• No service will commence until the signed Catering Agreement is returned to Ovations Food
Services.
• We will gladly accept credit card d payments from MC, Visa and American Express, check,
or electronic transfer of funds (for bank wiring information contact your Catering Sales
Manager)
• All Deposits are Non -Refundable and Non -Transferable.
OPTION DATE:
Your date is being held as "Definite Hold" Event based on our conversations and I will not release
the event space unless directed by :you before 1/21/20 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 our 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 3 days prior to the date- of the function. All
food and beverage prices are .subject to applicable tax (City is tax exempt and Caterer:will
receive a Tax Exemption Certificate which will apply), 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 iri 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 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. To the extent allowed by and subject to :all conditions and limitations of 768.28, Fla. Stat. The
Customer assumes the liability for losses, damages, claims, (excluding attorney's fees) arising
out of, or in any way connected with: a) injury or damages to displays, equipment and other
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property brought on The Bloom Ballroom premises by the caused by the negligence of Customer;
and b) injury to any person or damage to any property arising out of (i) caused by the negligence
of of the Customer, or (ii) any property brought onto the Jungle Island premises by the Customer
or any member, agent or representative thereof. Caterer shall indemnify, hold harmless and
defend the Customer from all liability for losses, damages, claims, (including attorney's fees)
arising out of, or in any way connected with: services products or supplies furnished or provide
by Caterer, or its affiliated entities, agents, servants, and employees .
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. 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. These charges shall not exceed $
7. OUTSIDE FOOD & BEVERAGES:
No food or beverage of any kind will be permitted to be brought into the facility by the patron or
patron'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 below. Please note that menu and
final details are due at least 30 days prior to event. Please also note your final signed BEO,
invoice and diagram are all due 3 business days prior to event.
MENU SELECTIONS TBD
SPECIAL REQUESTS
Special individual dietary requests must be received (3) working days prior to the event. Caterer
will prepare a vegetarian entree selection of up to 2% of the final guarantee for all plated served
dinners.
MINIMUMS
We are contracting space for your event based on the minimum of $8,000 per day for the use of
Bloom Ballroom. Should your estimated food and beverage total be less that the $8,000 the
difference will be applied to you as room rental.
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 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
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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 service fees- The City of Miami is Tax
exempt and will provide a tax exemption certificate.
Final minimum guarantee is due three 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 fmal guest count provided three 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 3 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 $8.00
(Reduced from $10.00) per vehicle. Please indicate: ( ) Hosted or ( ) Self Pay..
IMPOSSIBILITY OF PERFORMANCE,
The Agreement will terminate without liability to either party if substantial performance of either
party's obligations is prevented by an unforeseeable cause reasonably beyond that party's control.
Such causes include, but are not limited to, acts of God; acts, regulations, or other of governmental
authorities; fire, flood or explosion; war, disaster, civil disorder, curtailment of transportation
facilities, or other emergency making it inadvisable, illegal or otherwise impossible to provide the
facilities or the services or to hold any event; any delay in necessary and essential construction or
renovations of The Bloom Ballroom or Jungle Island; arrest or seizure under legal process; strike,
lockout, or work stoppage or other restraint of labor, either partial or general, form whatever cause.
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,
the each party shall bear their own respective attorney's fees incurred in connection with the
proceeding. -
4
VS
VENDORS .
The Customer use reasonable efforts to hire only vendors; including but•not limited to florists;
musicians, and photographers who meet all state and/or local licensure.requirements and carry
workers': compensation and public general liability: insurance of not less than $1,000,000. The
Customer should notify all its vendors of this requirement and have ES7 7I Leasehold; LLC, ES] ]I
Operations, LLC & Iconic Attractions Group, LLC named as an additional insured undersaidpolicies
and provide evidence- to Jungle Is1and of insurance coverage at least ten (10) workingdays prior to
the. Customer's function date. .The.Customer shall also: notify it's vendors of Jungle: Wand's rules
and regulations which are available at the sales office - including but not limited to restrictions on
times,places and methods of delivery, set-up and removal of props, supplies and equipment;. and
have its vendors acknowledge the same by signing a copy:
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 remainderof this. Agreement..Noticesmust 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:
Ovations Food Services, LP (Caterer) Client CITY OF MIAMI, a municipal
corporation of the State of Florida
Signed: `t"K‘'c./ Signed:
Print Name: Natalia Plasencia
Title: Director of Catering
Date: 2 /&//A 0
ATTEST:
Todd BTonier
k
Approved as to In rance
Marie Sharpe, isk Manager
Print Name:
Arthur Noriega V
Title: City Manager
Date:
3(sf'zo
Approved a egal Form:
Vic
ao
City Attorney
6