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HomeMy WebLinkAboutA Cut Above Catering, LLC/MAC/$3,362.84/Catering for Holocaust Remembrance Ceremony ASA3,362.84 PROPOSED MENU (expires on 06/11/2024) Qty Price Subtotal Items Subtotal: Kosher Luncheon ALL FOOD MUST BE KOSHER Kosher Menu 50 $38.95 $1,947.50 Meats (on their own platter): Kosher Deli Meats Cheeses (on their own platter) Bread and Buns Condiments Deli Sides: Tuna Salad Cole Slaw Potato Salad Includes cookies for 100 people Includes Quality Plasticware RENTALS Dropped off to Meg by ACA on 9am // Meg to drop-off after event Rentals 1 $672.66 $672.66 7) 90x132 Black Linens for Choir 7) 132'' Black Linens Round Robert Adams Room 3) 90x132 Black Linens for Rober t Adams Room ASSOCIATED FEES Delivery 1 $100.00 $100.00 SERVICE FEE - $642.68 ALTERNATE TAX State Sales Tax on Non-Food Items 7%$0.00 0.00 3,362.84 Sales Tax Rate (F&B): Total: Payments Due Date Description Amount Status Date Paid 04/23/2024 Total Payment $3,362.84 — Catering Services Agreement TERMS & CONDITIONS PARTIES A Cut Above Catering | Classes | Events (hereinafter referred to as the “CATERER") will provide the "CLIENT" (as defined in the Proposal) with all the goods and services specified in this proposal once accepted by the CLIENT related to the Event Specifics contained herein. EVENT SPECIFICS The Event Specific information from the CLIENT as defined in this proposal was utilized in the formation of this Agreement. Guest Count: CLIENT agrees to inform the CATERER by phone, email or in writing as to the final number of guests including menu selections and/or dietary restrictions), fourteen (14) days prior to the Event Date. Guest Count can only be increased, not decreased from original Agreement signing. Any additions to the Guest Count after the stated period is subject to extra charges as may be imposed by the CATERER. If there are more guests attending than the guaranteed Guest Count, the CATERER will charge the CLIENT accordingly. Children: Children under the age of five (5) are free of charge, unless CLIENT wishes to provide service/seating for them. Children six to twelve (6-12) years of age will be charged at half price of the agreed upon cost per person. Quantity: Food, beverage and rental quantities are based on the guaranteed Guest Count provided by the CLIENT and will be provided in ample amounts to ensure all guests enjoy an abundant selection of high quality food, beverages and associated rental items. Time: CLIENT will be billed for additional staff hours for any time extension beyond that prior agreed upon. Changes: Should changes to the Event Specifics listed in this Proposal (including dietary restrictions) become necessary, the CATERER will work in good faith to accommodate those changes, including the application of the CLIENT’s initial payment and prepayments towards another event, subject to CATERER’s availability. At no time shall changes in the Event Specifics listed above result in a refund of the Initial Payment by the CATERER. All costs associated with the accommodation of these changes will be absorbed by the CLIENT. PAYMENTS Initial Payment: Fifty percent (50%) of the proposal cost identified herein, must be submitted upon the execution of this Agreement. Initial payment will serve as the CLIENT agreement to the terms and conditions set forth herein. This serves as a deposit, secures the Event Date, is non-refundable and will be deducted from the total price of the EVENT. Final Payment: Final Payment will be due and demandable fourteen (14) days prior to the Event Date. If payment of balance due is not made by that date, items associated with the EVENT will not be ordered, and this Agreement will be closed at the determination of CATERER. If CATERER determines the Agreement can still be fulfilled after this date and CLIENT wishes to continue the Agreement, there will be a 10% fee added to the balance due and an additional 3% fee for each day that the balance is late. Any extraordinary costs incurred due to the late payment will be passed on to CLIENT. Forms: Acceptable form of payment include: Cash, Check, Visa, Master Card, American Express, and Discover. Any credit card payment will be subject to a 3% service charge. Invoicing is only possible upon completion and approval of a House Account Request Form. Checks should be made payable to: A Cut Above Catering | Classes | Events and mailed/delivered to: 12955 Old Meridian St, Suite 103, Carmel, IN 46032 Default: The CLIENT agrees to pay all costs of collection in the event of default of payment, including reasonable attorney fees. Interest will accrue at 1.75% per day, beginning thir ty (30) days of Event Date. FEES & CHARGES Taxes: CLIENT will be charged the applicable current tax rate for all services rendered as determined by the concerned government body. Exemption: Tax exempt organizations must submit their Tax Exemption Certificate no later than seven (7) working days before the Event Date. If the CATERER does not receive this certificate, the CLIENT agrees to pay all taxes associated with the EVENT. Associated Fees: Those fees included in this proposal by the CATERER are for additional services to be provided by the CATERER in order to ensure the overall success of the event. Service Fee:The CATERER’s standard service charge for all events is included in this proposal. Gratuity: Gratuity is NOT included in this proposal and is completely at the discretion of the CLIENT. Any gratuity received from the CLIENT will go directly to the service staff unless otherwise specified. EXCESS FOOD In accordance with appropriate Health Codes, the CATERER reserves the right to discard any leftover food items, after the agreed upon event timetable and/or where there is a reasonable risk for food borne illness to occur. TASTINGS & DATE RESERVATION CLIENT may request a "tasting" of select menu items proposed. Tastings may include up to six (6) individuals. A non- refundable tasting deposit of $150.00 is required in order to schedule this tasting which also will temporarily reserve the CLIENTS Event Date with the CATERER. This deposit is due seven (7) days before the tasting appointment. This deposit will temporarily hold the CLIENTS Event Date for fourteen (14) days following the date of the tasting. After fourteen (14) days, if the CATERER has not received this signed Agreement and the required 50% non-refundable Initial Payment, the CLIENTS Event Date will be released. The $150.00 tasting deposit will be credited to the CLIENT'S account if/when the CLIENT books this EVENT with the CATERER. If the EVENT is cancelled or the CLIENT does not sign this Agreement the CATERER will retain the entire $150.00. BEVERAGES CLIENT retains the right to provide all or part of the bar/beverage supplies as needed. Should the CATERER provide bar/beverage related services on behalf of the CLIENT those services will be subject to the same terms and condition contained herein. All alcoholic beverage service either by the CLIENT or the CATERER is subject to the laws of the State of Indiana. RENTALS CATERER will provide all or part of the rental items for the event as identified in this proposal along with the associated costs. CATERER shall have sole right in the selection of provider of such rental items. CLIENTS will be afforded the opportunity when feasible to select specific rental items when options are available. CLIENT assumes responsibility for all rental items, except in cases of neglect by the CATERER. All rental items must be returned in the same condition to CATERER within 48 hours of EVENT. Any rental items returned later than 48 hours an additional fee for the agreed upon rental cost of the items If the rental items are unreturned within 7 days or broken, the credit card of CLIENT will be charged for the full replacement cost. Certain items may incur restocking & cancellation fees are the responsibility of the CLIENT. The CATERER will do everything possible to ensure that all rental items are cared for and maintained in good working order and without damage. Should both parties agree that the CLIENT will provide all or part of the rental items for the event as identified in this proposal, those provisions will be subject to approval by the CATERER. CANCELLATION Cancellations will only be accepted in writing. Cancellation by CLIENT/Venue/Acts of God Cancellations made by the CLIENT, venue or Act of God more than 30 days prior to the Event Date will relieve the CLIENT of responsibility for the Final Payment, minus any liquidated damages documented by the CATERER, however the Initial Payment is not refundable. Cancellations made by the CLIENT, venue or Act of God 30 days or less prior to the Event Date will NOT relieve the CLIENT of responsibility for the Final Payment and the Initial Payment is not refundable. (ref. Changes / Event Specifics) Force Majeure - CATERER shall not be liable for the losses resulting from non fulfillment of any terms or conditions of this Agreement that become impossible or impracticable to fulfill due to an event (s) or effect (s) that the CATERER could not have anticipated, controlled or prevented including but not limited to, acts of God, war, terrorism, civil strife, rain, fire, strikes, public health crisis, inclement or severe weather (including lighting strikes), power outages or inability to obtain necessary labor or materials. Cancellation by CATERER CATERER reserves the right to cancel this Agreement if at any time CATERER feels that the obligations cannot be met. If CATERER terminates this Agreement more than thirty (30) days prior to the Event Date, all deposits and prepayments will be returned in full within ten (10) days. If CATERER terminates this Agreement thirty (30) days or less prior to the Event Date, all deposits and prepayments will be returned in full within ten (10) days as well as an additional 10% of the total cost as penalty. IMAGERY CATERER reserves the right to capture imagery related to the event for use by the CATERER for marketing and promotional efforts. CATERER shall retain all rights to such imagery. SUBSTITUTIONS & CHANGE Pricing stated are subject to change according to market pricing of products & within the guaranteed number of guests. Should a drastic change in a menu ingredient cost occur, CLIENT may pay the additional cost based on the current adjusted price, or allow for a substitution of other menu items to maintain the agreed upon proposal cost. The CATERER reserves the option to make substitutions if some items become unavailable. LIABILITY CLIENT absolves CATERER from any third party claims, except for actions caused by CATERER and/or negligence of its employees. Such claims amount to a maximum amount of USD two hundred ($200.00) only. Any liability on the part of CATERER is limited to the full refund of monies paid minus the Initial Payment. Nothing said by any salesperson, agent, employee or other representative on the CATERER's behalf should be understood as a variation of this Agreement or an authorised representative about the nature or quality of the Catering Services. Save for fraud or fraudulent misrepresentation, the CATERER shall not have liability for any such representation being untrue or misleading. INSURANCE & LICENSE CATERER maintains all necessary commercial insurance coverages and is licensed accordingly by the State of Indiana, Hamilton County, City of Carmel. RESPONSIBILITY CATERER assumes no responsibility for ANY damage or loss of merchandise, alcohol, equipment, furniture, clothing or other valuables prior to, during or after the event. CATERER will do everything possible to ensure that all of CLIENT’s supplies, rentals and equipment are cared for and maintained in good working order and without damage. When providing the location for the event/function, the CLIENT, understands that accidents/breakage and/or damage may sometimes occur. CATERER will not be liable for any damage or loss, unless specifically caused by the willful negligent actions or conduct of CATERER or its employees. CATERER is responsible for those items provided by CATERER & no other items. CATERER is not responsible for the safety of any food not provided by the CATERER. The CATERER is responsible for the provision of menu items as defined by the accepted proposal from the CLIENT, including procurement, preparation, delivery, service, storage and disposal. The CATERER retains the right to use its best judgement in the provision of all catering related items and services including but not limited to recipe, staffing, quantities, procurement, preparation, transportation, handling, service, presentation, storage, safety and execution. The CLIENT will comply with all the laws of the United States of America and the State of Indiana, all municipal ordinances and all lawful orders of police and fire departments, and will not do anything on the event/function premises in violation of any laws, ordinances, rules or orders. If unlawful activities should occur on the premises, and the event is cancelled, there will be no refund of any kind from CATERER to CLIENT. AMENDMENT OR SUPPLEMENT Any amendment and/or supplement to this Agreement shall come into force only upon written, mutual Agreement by both par ties. The amendment and/or supplement shall become part of this Agreement and shall have the same legal effect as this Agreement. ASSIGNABILITY This Agreement is not assignable without the prior written consent from both parties. SEVERABILITY If any provision of this Agreement or the application thereof is held invalid, that invalidity shall not affect other provisions or applications of the Agreement. GOVERNING LAW Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules [including the Optional Rules for Emergency Measures of Protection]. The arbitration hearing shall take place in Indianapolis, IN before a single arbitrator. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. This Agreement is governed by the laws of the State of Indiana. effective 9/2020 City of Carmel 3/19/2024 A CUT ABOVE CATERING SUITE 104 CARMEL, IN 46032 - 111007 12955 OLD MERIDIAN ST City of Carmel ONE CIVIC SQUARE CARMEL, INDIANA 46032-2584 FORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL - 1997 INDIANA RETAIL TAX EXEMPT CERTIFICATE NO. 003120155 002 0 FEDERAL EXCISE TAX EXEMPT 35-6000972 PURCHASE ORDER NUMBER THIS NUMBER MUST APPEAR ON INVOICES, A/P VOUCHER, DELIVERY MEMO, PACKING SLIPS, SHIPPING LABELS AND ANY CORRESPONDENCE PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION VENDOR SHIP TO PURCHASE ID BLANKET CONTRACT PAYMENT TERMS FREIGHT EXTENSION CATERING FOR HOLOCAUST REMEMBRANCE CEREMONY COMMUNITY RELATIONS 1 CIVIC SQ Carmel, IN 46032- 376851 UNITPRICEDESCRIPTIONUNITOFMEASUREQUANTITY Page 1 of 1 85866 1203Department:101Fund:General Fund 43-590.03Account: CATERING FOR HOLOCAUST REMEMBRANCECEREMONY1 $3,362.84 $3,362.84Each 3,362.84SubTotal 3,362.84 Send Invoice To: PLEASE INVOICE IN DUPLICATE DEPARTMENT ACCOUNT PROJECT PROJECT ACCOUNT AMOUNT SHIPPING INSTRUCTIONS SHIP PREPAID. C.O.D. SHIPMENT CANNOT BE ACCEPTED. PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABEL AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO. THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 1945 PAYMENT A/P VOUCHER CANNOT BE APPROVED FOR PAYMENT UNLESS THE P.O. NUMBER IS MADE A PART OF THE VOUCHER AND EVERY INVOICE AND VOUCHER HAS THE PROPER SWORN AFFIDAVIT ATTACHED. I HEREBY CERTIFY THAT THERE IS AN UNOBLIGATED BALANCE IN THIS APPROPRIATION SUFFICIENT TO PAY FOR THE ABOVE ORDER. CONTROL NO. 111007 ORDERED BY TITLE CONTROLLER COMMUNITY RELATIONS 1 Civic Square Carmel, IN 46032- Rebecca Carl Director