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Home My WebLink About16-026 - M & S Catering - Catering Services for Police Department Banquet 16-026 Council Approval N/A CATERING BY M&S (1)K>UC'K&SCl IMIC'K\ Catering by McCormick&Schmick's Contract 9404 E. Marginal Way S. Booking Number:694534 Seattle,WA 98108 Event Date: Saturday, February 20,2016 (206)762-4418 Event Name:Tukwila Police Department Appreciation Banquet Fax: (206)767-1827 Location: Museum of Flight Salesperson:Amy Stevens Email: astevens @cateringbymands.com Contact: Phi Huynh Phone: (206)433-7175 Mailing Address: Tukwila Police Department Fax Number: 6200 South center Blvd. On-Site Contact: Phi Huynh Tukwila,WA 98188 E-Mail: p.huynh @tukwilawa.gov On-Site Phone: (206)433-7175 Date Time Location Function Att Sat., 02/20/16 5:00 PM-9:00 PM Skyline Room Seated Dinner 120 Your estimated attendance is noted above. Please refer to item#3, regarding your guarantee due date. This Agreement serves as confirmation of your upcoming event outlined above. Please take a moment to review the following information: FOOD MINIMUM:$500.00 per four hour meal service plus service charge, administrative fee an tax. �3 J/G DEPOSIT REQUIRED:$�-G90.O0 due by Tuesday, February 02, 2016, DOQ — / r IMELINE? Contract/Booking Date: Tuesday,January 26, 2016 215// Signed Contract Due: Tuesday, February 02,2016 / peposit Due: (J4 OD -$23013!0t3 due by Tuesday, February 02, 2016 'Total Balance Due: Four Business Days Prior to Event's Finalized Event Details Due: Tuesday, February 2nd,2016 iGuaranteed Attendance Due: Monday, February 15,2016 POLICIES: 1. SERVICES OF CATERER: Caterer shall provide and serve the food and beverages with the set up and table service as described in the Banquet Event Order or catering estimate which, when attached to this contract, forms the Agreement of the parties to a contract for catering and/or food services to be performed at the Museum of Flight(hereinafter"function"). 2. MENU SELECTION & EVENT DETAILS: The menu and all other details of Customer's event are to be finalized a minimum of six weeks prior to the date of the event and are subject to the final guarantee and the terms and conditions described herein. 3. 1GUARANTEED GUEST COUNT: The final guest count is required by 12:00.noon according to the following schedule: For parties up; p:) 500 guests four business days prior to your event; for parties of 501-1500 guests five business days prior to your event; and for parties of 1501 or more guests seven business days before your event. You will be charged based upon the final guest count guarantee,actual attendance,or food minimum,whichever is greater. 4. CATERING CHARGES: The Banquet Event Order or Catering Estimate contains an estimate for the total charges of the catering services to be provided to Customer and the pricing adjustments which will apply for variations from the estimate. The Banquet Event Order or Catering Estimate represents an estimate only and the final charges may be different, for reasons including but not Tukwila Police Department Appreciation Banquet-2/20/2016(Page 1 of 4) Booking Number:694534 Location:Museum of Flight limited to a determination of the final number of persons and/or quantities to be served. Additionally, any changes in the menu or spt up,when agreed to by both parties, may change the estimated charges. 5. PAYMENT TERMS: The balance of the estimated charges shall be due in full four business days prior to the event date with the final guarantee, or Caterer shall have no obligation to proceed. The adjusted balance of the final charges shall be payable in ful days from the invoice date. 6,2'000 'tom ' /, 6 DEPOSIT & CREDIT CARD AUTHORIZATION: In order to confirm your reservation, the credit card authorization section of the ��° Agreement must be completed, signed and returned. In addition, we require a deposit in the amount of- 688 8 The deposit may be paid in cash, credit card, money order, or company check. Please return the signed event contract, completed and signed credit card authorization_and your deposit by February 02, 2016, in order to confirm your reservation.' 7. FOOD MINIMUM:The Food Minimum listed on page 1 of this Agreement represents the minimum amount to be spent in food sales per four hour meal service. This minimum does not include service charge, set-up fees, audio visual or any other miscellaneous charges incurred. 8. TAXES, GRATUITIES AND SERVICE CHARGES: All charges are subject to a gratuity (which is distributed to service staff), a service charge (which is not a tip, gratuity for any employees) and sales tax, which are subject to change. All charges, including food, beverage, audio visual, and rental charges are subject to state sales tax. In some states, administrative fees and service charges are taxable. Where applicable, Caterer will collect state sales tax on such charges. 9. CANCELLATION: You hereby acknowledge that if you cancel your event for any reason less than ninety(90) business days p troir he scheduled date, Caterer will be subject to damages which would be difficult to calculate with certainty, and you therefore agree o pay liquidated damages as a reasonable approximation of Caterer's actual damages, as set forth below:I 0-Guarantee Due Date— 100%of the total estimate of charges ,,uarantee Due Date—30 DAYS= Liquidated damages of 50%of total estimate or 100%of the deposit,whichever is greater. 1-60 DAYS= Liquidated damages of 25%of total estimate or 75%of the deposit,whichever is greater. 61 -90 DAYS= Liquidated damages of 15%of total estimate or 50%of the deposit,whichever is greater) In the event of your cancellation and Caterer's subsequent rebooking of the space, you agree that Caterer's retention of the deposit to cover its administrative expenses is fair and reasonable. In the event of your breach or threatened breach of this Agreement Caterer shall have the right,without any obligation to you, to re-book the facilities on and for the date and time previously reserved for your event. You hereby authorize Caterer to charge the above liquidated damages to your credit card and agree to pay such pharges to your credit card company. All cancellations must be made in writing 10. EQUIPMENT/SUPPLIES: Customer shall be responsible for supplying any items noted on the Banquet Event Order. All other equipment or supplies necessary for the performance of Caterer's duties as specified on the Banquet Event Order shall be provided by Caterer. 11. ALCOHOLIC BEVERAGE SERVICES: In no event shall Caterer or Customer serve alcoholic beverages to anyone under the age of 21 at any time. Caterer reserves the right to discontinue service to any guest at any time deemed necessary. 12. PERMITS/LICENSES: Caterer permits for food and beverage services to be served by Caterer will be the responsibility of the Caterer. 13.BANQUET PERMITS: When Customer is providing the alcoholic beverage product and Caterer is providing the labor to service the alcohol, Customer shall be responsible for obtaining the banquet permit and delivering it to the Caterer seven (7) business days prior to the date of the Function. Customer shall be required to submit a copy of the banquet permit to the designated supervisor on the day of the function for positing as required by law. Caterer shall observe the regulation as per the banquet permit as required by law. 14.CUSTOMER PERMITS: Customer shall be responsible for obtaining and maintaining any other permits or licenses necessary for the type of function Customer proposes. 15. CUSTOMER INSURANCE REQUIRMENTS: Customer shall obtain insurance which will cover bodily injury, death, or property damage occasioned by reason of the Function, including without limitation the liquor liability insurance, with minimum single limit liability of$1,000,000.00 per occurrence. Caterer shall be an additional insured on such policy for any liability it may suffer because of its involvement with Customer's Function. Customer shall provide Caterer with a certificate of such coverage. Upon satisfactory arrangements for financial responsibility the specific insurance requirements set forth herein may be waived with a Manager's advance written approval noted on this contract, and provided Customer is not providing or serving alcoholic beverages. In such event, no waiver is permitted. McCormick&Schmick's Manager's Waiver to be noted here. BN • Tukwila Police Department Appreciation Banquet-2/20/2016(Page 2 of 4) Booking Number:694534 Location:Museum of Flight 16. 9AT ERE,R INSURANCE REQUIRMENTS: Caterer shall maintain general liability, and liquor liability insurance for all its operations conducted on Customer's premises or at the location Customer specifies, and the insurance shall be in an amount reasonably determined by Caterer to be adequate to protect Caterer and Customer from loss due to the negligence of Caterer. 17.INDEMNITY/RELEASE: Each party agrees to protect, indemnify, defend, and hold harmless the other party and the other party's officers, directors, partners, agents, vendors, suppliers, and employees from and against any and all demands, claims, damages to persons or property, losses and liabilities, including reasonable attorney fees arising from or connected with the Event solely to the extent caused by the negligence or willful misconduct of the indemnifying party or its independent contractors, guests, invitees or agents. In no event shall Caterer by liable to your or any third party for claims arising from or related to left-over food product, and you hereby release Caterer from any liability for any such left-over food product. 18.FORCE MAJEURE: This Agreement is contingent upon Caterer's ability to perform. If for any reason beyond its control, including but not limited to strike, labor dispute, accident, act of terrorism or war, act of God,fire,flood or other emergency conditions, Caterer is unable to perform its obligation under this Agreement, such non-performance is excused and Caterer may terminate the Agreement without further liability of any nature, upon return of your deposit, less any out-of-pocket costs expended on your behalf. In no event shall Caterer be liable for consequential or punitive damages of any nature for any reason whatsoever. 19.ENTIRE AGREEMENT: This Agreement,with the Banquet Event Order or Catering Estimate, embodies the whole agreement of the parties. There are no promises, terms, conditions, or obligations other than those contained herein and in the Banquet Event Order or Catering Estimate and this Agreement shall supersede all previous communications, representations, or agreements, either verbal or written, between the parties hereto. 20. MODIFICATION: The parties agree that this Agreement is given and accepted on the express condition that it cannot in any manner be changed, altered, varied, or modified without the written consent of both parties, and no modification of this Agreement shall be binding upon the parties unless said written consent is obtained and signed by both parties. 21.MISCELLANEOUS: Should either party prevail in litigation to enforce the terms and conditions of this Agreement, such party shall be entitled to recover its costs of litigation and its reasonable attorney fees as fixed by the trial court and, if any appeal is taken from any decision of the trial court, such further sum as may be fixed by the appellate court. The parties hereby waive trial by jury in any action, proceeding, or counterclaim brought by either party against the other(except for personal injury or property damage) on any matters whatsoever arising out of or in any way connected with this Agreement. This Agreement is not assignable and any deposits or monies received on account are non-refundable. This Agreement may not be altered or amended except in writing and signed by both parties. 22. SPECIAL INCENTIVES: Landry's Select Club Points cannot be earned in conjunction with discounted or promotion group menus, with any other special group offer, employee discount or any other designated offer, discount, incentive promotion or dollar-off, limited promotion. Agreed and Accepted by Client: Catering by McCormick&Schmick's("Caterer"): Name: Phi Huynhi Name: Amy Stevens group Name: Tukwila Police Department Appreciation Banquet j Title: Sa -. Mana•e' • Signature: Z � Signature: (Date: '1 .11 k), 1 Date: Tukwila Police Department Appreciation Banquet-2/20/2016(Page 3 of 4) Booking Number:694534 Location:Museum of Flight CREDIT CARD AUTHORIZATION FORM Name of the Event: Tukwila Police Department Appreciation Banquei Date of the Event: Saturday, February 20, 201 Name as it appears on the credit card: FA=1-�Fty NJ ii 1 Type of Credit: �, Last 4 Digits of Credit Card Number: Exp. (Please ONLY list the last 4 digits. Call McCormick&Schmick's to confirm the remaining digits of the credit card). CC Billing Address: b 0 SL-AA (---ii-----.1.47----.6 l vel 1 Card Holder Phone: -b7 �j — 1 5 Amount of Charge: • 0 0 1 /Ls Receipt: x Email/ Fax/ Mail hereby authorize Caterer to charge to my credit card any amounts coming due under this Agreement, including liquidated damages, g y-credit ca- In the event of a cancellation,and l agree to pay such amounts to my dit rd company., . Signature: Date: d-fr---(1-b-7 Below is for internal purposes only / Signed Contract Received-OK to move to Definite — — Deposit $ (217500) Payment $ (120500) — — Authorization-Approved/Declined-Contacted Client Charge credit card on or by — • Tukwila Police Department Appreciation Banquet-2/20/2016(Page 4 of 4) Booking Number:694534 Location:Museum of Flight