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CM-12-10-204ROUND ROCK, TEXAS PURPLE PASSION PROSPERITY RECEIVED OCT 101011 City Manager Approval Form Item Caption: City Manager approval for a Full Events Contract with Bella Notte for the employee recognition dinner. Approval Date: October 12, 2012 Department Name: Administration Department Project Manager: Laurie Hadley / Monique Adams Assigned Attorney: Item Summary: The City will host an employee recognition dinner on Wednesday, October 24, 2012 honoring employees with 10, 15, 20, 25, and 30 years of service. Bella Notte will provide the venue, dinner, dessert, and decorations for the event. No. of Originals Submitted: 2 Project Name: Employee Recognition Dinner Cost: Estimated cost is $2875.00 depending on the number of RSVP's Source of Funds: General Fund Source of Funds (if applicable): Select Source Fund Account Number: 5307-100-19000 Finance Director Approval: Cheryl Delaney Date: 10/10/12 Department Director Approval: Laurie Hadley Date: 10/5/12 **Electronic signature by the Director is acceptable. Please only submit ONE approval form per item. ** CIP n Budget n n Purchasing n N/A OK N/A OK N/A OK Accounting n ri N/A OK ITEMS WILL NOT BE PLACED ON THE COUNCIL OR CM AGENDA W/OUT PRIOR FINANCE AND/OR LEGAL APPROVAL REV. 6/20/11 T MANAGEMENT SECTION CONTRACT APPROVAL FORM FOR CITY MANAGER ACTION Required for Submission of Specific City Manager Items Department Name: Administration Project Mgr/Resource: Monique Adams City Manager Approval CMA Wording Project Name: Event Contract ContractorNendor: Bella Notte, Inc. Consider executing The Bella Notte Full -Events Contract for the City of Round Rock employee recognition dinner. Approval DEmployee EE Bowden Date October 2, 2012 Notes/Comments fifr BELLA NOTTE ON MAIN The Bella Notte Full -Events Contract 1. A non-refundable "Reservation Deposit," which reserves the date and time is due at contract signing, equaling half the event price. The remaining balance is due one (1) month from the event date. A non-refundable "Reservation Deposit" equaling the full event price is due for any event whose event date is within thirty (30) — days of contract signing. 2. The Client will be required to provide an estimate of the number of guests that are attending, along with their menu selection. (Note: the menu and guest count can be changed up to 7 days prior to the event, with a price adjustment accordingly). 3. Bella Notte, Inc. (hereafter Bella Notte) will provide a contract outlining the estimated cost for the event, which must be signed and returned within 7 days of receipt. 4. Client must adhere to the Payment Schedule located on Page 4 of the Contract. Client will be considered in default of the contract if payments are not received as per the contract. Failure to comply with the payment schedule, without the prior approval of Bella Notte Management, will result in default, and Bella Notte may cancel the event. 5. All payments for last minute additions must be paid one week prior to the event date. Failure to do so may result in the cancellation of event. 6. If any changes are made to the floor plan after the initial set up, a surcharge of $300 will be assessed. 7. Included within the event price is a one (1) hour set-up time for the event and / or as negotiated between the Client and Bella Notte. 8. One of three possible coordinators will be assigned to be present on the day of your event, and are well -versed on the specifics of your event. You may find that the vast majority of the communication that takes place in the beginning will be between you the Client and one (1) of two (2) Owners/Directors and then transitioned to the coordinator(s) who will be tending to your event. Should you require the Owner(s)/Director(s) as additional event coordinators to be present and tend to your event, in additional to one of the coordinators assigned to your event, there will be a $350.00 fee assessed for their presence. 9. All credit card payments will incur a 3.0% surcharge. 1 of 6 Client Initials Bell otte Initials C,/tk-12-10_Zoq BELLA NOTTE ON MAIN 10. Bartenders will be allowed to place a tip jar at the bar during their service time. If Client wishes no tip jar be placed at the bar, they will instead, provide a gratuity of $100 to each bartender. This will be paid by the time final payment to the contract is made. 11. The bartender will close the bar and cease to serve all alcohol a minimum of 30 minutes prior to the scheduled end of the event. Upon the discretion of the bartender and / or security the bar may be closed 45-60 minutes prior to the end of the event. 12. Consumption of alcoholic "shots" is not permitted. 13. If the Client chooses to use outside caterer(s) or catering service not included in the list of approved caterer(s) or catering services provided by Bella Notte, the Client must provide proof within thirty (30) — days of the event date, that the caterer(s) or catering service is a licensed, insured food services facility, to which the food is prepared in a commercially certified kitchen. Contract Detail 4711# BELLA NOTTE ON MAIN Payment Schedule 3 of 6 Client Initials Bel a o a 'tials BELLA NOTTE ON MAIN Bella Notte Inc. will provide the following: • Fully catered buffet dining experience • Dessert Service - Sheet Cake • Uniformed and experienced wait and beverage staff • Coffee or/and Tea Service provided • Round dinner tables dressed with floor -length linens • Beautiful silver chargers and elegant wares • Beautiful center -piece table decorations for all tables • Set-up and Clean-up This contract is also subject to the following terms and conditions. Terms and Conditions • A charge of $25.00 plus tax will be charged for additional guests above the guest count in the contract. • A charge of $300 will be assessed if the guest count is 100 or less, and the client wishes to have seating in the connected room. • Bella Notte Inc. must be informed 14 days prior to the date of the event if the final guest count is less than the original contracted amount shown on Page 2. In the event that the guest count is less, on a full, all-inclusive package, client may reduce the guest count by 10%, and receive the related per person charge back for that 10%. If, however, Client has received a special pricing discount, or has contracted under a "minimum guest amount," no refund will be made. • There is no refund for guests that do not attend the event. • The estimated total balance of the function is due 7 days prior to the event. If the final balance is not paid at this time, the client will be in default, and Bella Notte may cancel the event and keep any and all monies paid to Bella Notte. • The event time may vary, but not to exceed eight (8) — hours unless approved by Bella Notte and an additional fee will be accessed unless negotiated between the Client and Bella Notte. • In the unfortunate situation that the Client must cancel the event being held on Friday, Saturday, and / or Sunday, no refund will be given of any kind. If the Client must cancel the event scheduled on a Monday, Tuesday, Wednesday, and / or Thursday, and the cancellation occurs more than thirty (30) — days of the event date, the Client will be refunded fifty percent (50%) of the second payment made to Bella Notte. • After the allotted time period for the dinner service, the food is removed and is no longer available for guest consumption. • NO left -over food purchased for the event will be allowed off Bella Notte premises. • NO outside food may be brought on property for guest consumption without prior approval of Bella Notte Inc. 4 of 6 Client Initials Bell "' .tte tials 411i• BELLA NOTTE ON MAIN • NO candles may be used anywhere on property unless the candle flame is protected by a glass enclosure and is approved by Bella Notte, Inc in writing. • Decorations for any event, unless approved by the management, are restricted to the event tables. NO signs or banners of any kind may be attached to the interior walls unless approved by Bella Notte, Inc. • All enclosed areas of Bella Notte on Main are NO SMOKING areas. Smoking shall be permitted outside of the building. • Any photo and/or video media produced at this event by Bella Notte or their clients may be used in advertising for Bella Notte. • If alcoholic beverages are to be served, it is the sole responsibility of the client to provide the alcoholic beverages, cups, and ice. • If alcoholic beverages are to be served, it is the sole responsibility of the client to ensure that no one under the age of 21 years of age is permitted an alcoholic beverage, and that all guests 21 years or older do not drive a vehicle if considered over the legal blood-alcohol level. • The Client assumes sole responsibility for the welfare of all persons attending their event and must insure all guests can drive safely, or must make arrangements to assist the guest home. • Damages that occur from any vendor that the Client brings in are the financial responsibility of the Client. Some examples are: stains from flowers, chocolate fountains, red wine brought in by Client, or any structural and/or electrical damages. • The Client is aware that 201 E. Main is a historic building. Historic Buildings often have unique steps, ramps and lips where uneven floors meet. 201 E. Main (The Bella Notte Facility) does have unique steps, ramps and lips where uneven floors meet. The Client accepts responsibility for all risks associated with their activities and use of the Bella Notte Facility. The Client agrees to indemnify and hold harmless Bella Notte, Inc., and its owners, shareholders, assignees, designees, and / or heirs from any and all liabilities, damages, costs or expenses (including attorney's fees) relating to or arising out of their uses and activities at the Bella Notte Event Facility. The Parties agree that any claim or dispute between them or against any agent, employee, successor, or assign of the other, whether related to this agreement or otherwise, and any claim or dispute related to this agreement or the relationship or duties contemplated under this contract, including the validity of this arbitration clause, shall be resolved by binding arbitration by the American Arbitration Association (hereafter AAA), under the Arbitration Rules then in effect. Any award of the arbitrator(s) may be entered as a judgment in any court of competent jurisdiction. Should the Parties not agree to an arbitrator, one will be chosen by the AAA. The Parties shall each pay one-half (1/2) the cost(s) of the arbitrator and the arbitrator's auxiliary service(s). The parties further agree that any and all Party's attorney's fees associated with the defense of a dispute arising out of this contract shall be paid by the Party to which the ruling decision was not in favor of (the losing Parry). The Parties lastly agree that this Contract encompasses any and all agreement(s) and any oral agreement(s) not so duly incorporated into this contract shall be non-binding on the Parties. 5 of 6 Client Initials Bel itials Bell . i ottt, Inc. By: Name 47fr BELLA NOTTE ON MAIN Office / C.l5/A%- Date 6 of 6 Client Initials Bella otte Initials