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HomeMy WebLinkAbout2024-254-E-Tax Dept-Colonial Inn -Host Eastern Piedmont Tax Association (EPTA) professional organization quarterly meeting in December 2024The Colonial Inn 984-789-4455 153 W. King St. Hillsborough NC 27278 Catering Proposal Prepared For Name: Orange County Tax Administration Attn: Bernice Gwynn and Valerie Curry Event Details Proposal Date: 03/28/2023 Date: December 12, 2024 Location: Event Center Start Time: 5:30 p.m.: social hour 5:30-6:30 p.m., guest speaker 7:15-7:30 p.m., door prizes 7:30-8:30 p.m. Dinner serve time 6:30 p.m. Length: 3 hours Type: Orange County Tax Office Dinner Guest Count: 75 Host Email: bgwynn@orangecountync.gov, vcurry@orangecountync.gov Pricing is for a plated salad appetizer, dinner entrees and sides. Servers will replenish N/A drinks at a self-serve station and remove plates/dishes. Counts are required for entree choice, both sides come with each entree. Tent cards must be provided by the hosts to indicate meal choice. Dessert is self-serve at a dessert table unless otherwise discussed. Description Rate Quantity Line Total Arugula Salad $ 5.00 75 $ 375.00 Caprese Chicken $ 24.00 75 $ 1,800.00 Pasta Primavera (veg) $ 18.00 x $ x.x Seasonal Veg or Broccoli $ 4.00 75 $ 300.00 Mashed Potatoes $ 4.00 75 $ 300.00 Sheet Cake for all Flat fee 75 $ 300.00 Sweet Tea/Lemonade Water $ 1.75 75 $ 131.25 Chef/Kitchen $ 200.00 4 $ 800.00 Service/Gratuity $ 175.00 4 $ 700.00 Subtotal $ 3,206.25 Sales Tax (8.5%) Food and Beverage Only $ 272.53 Kitchen/Service $ 1,500.00 Total (USD) $ 4,978.78 *Table linens are not included in this price *It is per person price and will be modified based on headcount per contract below *Plates are included, serving trays provided by The Colonial Inn, napkin linens included, forks and knives included. Chafing dishes and alto shaam are included for keeping food hot when applicable. DocuSign Envelope ID: 3A9BFAC5-5C56-43AF-8401-DE3D9245565F State of North Carolina Contract for Catering Services County of Orange THIS CONTRACT FOR CATERING SERVICES (the “Contract”) is made the 24 day of April 2024 by and between the Colonial Inn Hillsborough, Inc., a North Carolina S-Corp located in Hillsborough, Orange County, North Carolina (the “Caterer”) and Orange County (the “Client”). WHEREAS the Client desires to secure the Caterer’s services for Client’s event and Caterer has agreed to provide its services upon the terms and conditions set forth herein. NOW THEREFORE, in consideration of the premises and the mutual covenants, promises, and agreements declared and set forth herein and other good and valuable consideration, the receipt and legal sufficiency of which the parties hereby mutually acknowledge, the parties do hereby agree, and covenant as set forth hereinbelow. 1. CATERER’S SERVICES. Caterer shall provide Client with the following services: A. Menu Planning. Caterer will assist Client with the planning of Client’s menu, including budgeting. Client understands that significant time and effort will be expended by Caterer for such planning. Rentals, theme, and similar planning will not be the responsibility of the caterer. B. Food and Beverage Preparation. In accordance with the menu as desired and agreed upon by Client and Caterer, Caterer will order the required food and beverage, deliver the same to the event venue, and prepare the menu on-site. C. Setup and Breakdown. Caterer will provide the needed labor and services to set up guest tables, food preparation areas, serving tables and the like and breakdown the same. Caterer will handle trash and recycling after the Event. Client understands that Caterer will not set up nor break down decorations, lights, or the like. D. Service Staff. Caterer will provide the commercially reasonable labor and services as needed for service of the food and beverage at the service level as agreed upon by Client and Caterer. E. Lead Chef. On most occasions, lead chef will be present at the Client’s event to act as lead chef for preparing and/or managing the food preparation and service; however, circumstances may arise in which they will not be able to personally prepare or manage the menu. If such is the case, Client agrees that one of Caterer’s other chefs may provide such services. F. Alcohol Services. Caterer keeps full liquor liability insurance to pour alcohol at Caterer’s event; however, Client understands and agrees that Client will be required to obtain any and all permits which may be required for the service of alcohol in accordance with applicable laws, rules and/or regulations of any governmental authorities. DocuSign Envelope ID: 3A9BFAC5-5C56-43AF-8401-DE3D9245565F 2. RENTALS-THIRD PARTY SERVICES. Client may be required to secure services or products from a provider other than Caterer. This will include procuring the service or product directly from the provider, transporting or planning the transportation of the same to the event venue or verifying that delivery is done in accordance with the third-party provider’s policies; and, disposing or returning any equipment, remainder products and the like in accordance with the third-party provider’s policies. In some cases, these third-party services will need to meet the Caterer’s specific requirements. These services or products include: A. all of that equipment and/or other items as required by Caterer for back-of-house and front-of-house operations so that Caterer may provide the menu as desired and agreed upon by Client. B. alcohol C. glassware D. tableware E. silverware and plate ware F. music or other entertainment or decorations G. tents or other enclosures H. guest and other service tables or structures I. cooking sources and stations** J. such other items as may be desired or required as agreed upon by Caterer and Client. Client shall be solely responsible for all rental charges. Caterer will not enter into any rental agreements with any third-party vendor and will not advance any rental charges. Client shall be solely responsible for any loss, breakage, transportation, restocking and any other fees or costs charged by the third-party rental vendor with respect to these third party services. Caterer will use its best efforts with respect to the proper use and handling of rental items. **These items must meet the Caterer’s specific requirements. Any deficiencies shall be the sole responsibility of the Client. Client understands that in the event that Caterer’s specific requirements are not met, Caterer may not be able to provide Caterer’s services with full satisfaction. An initial itemization of the rentals to be secured by the Client shall be memorialized in a writing executed by Client and Caterer. A final itemization shall be memorialized in a writing executed by Client and Caterer at the time of the Final Payment [as defined below]. 3. EVENT VENUE. Client will be solely responsible for securing the venue for Client’s event. Caterer can provide guidance and recommendations, but ultimate responsibility shall lie with the Client. The venue must be in a condition that is safe for Caterer to provide its services. The service area shall be protected from the weather and have adequate lighting, power, and heat sources. The cost for use of the venue shall be borne solely by Client. If there are not sufficient protections from the weather, adequate lighting, power and heat sources or other items as may be needed to protect the safety of Caterer and its staff or to provide the menu as desired and agreed, Client will be required to rent such required services or products from a third-party vendor. 4. CATERER’S COMPENSATION. For Caterer’s Services, Caterer shall be compensated in the amount equal to the sum of the headcount of persons served multiplied by the per person cost. It is understood by Client and Caterer that an exact count cannot be determined until the actual event. However, Client and Caterer also understand that Caterer has expended/will expend significant time and effort in planning and preparation for Client’s event and that the compensation formulas set forth herein are fair and reasonable to the parties and not a penalty or forfeiture. Caterer’s Compensation shall be due and payable as follows: DocuSign Envelope ID: 3A9BFAC5-5C56-43AF-8401-DE3D9245565F A. Initial Deposit-Save the Date. Client and Caterer shall book Caterer’s services for a date certain, specifically December 12, 2024, (the “Saved Date”). Client and Caterer have determined that the anticipated headcount is 75 and the per person cost is $66.38, for an anticipated total cost of $4,978.78. Contemporaneously with the execution of this Contract, Client shall make an Initial Deposit of thirty percent of the anticipated total cost or $1,493.63. Client understands that this Initial Deposit is NON-REFUNDABLE and has been fully earned by Caterer. B. Final Payment. Thirty (30) days prior to the Saved Date, Client and Caterer shall finalize the headcount, menu and any other outstanding decisions or actions. Client and Caterer will determine the anticipated headcount and the per person cost. This calculation shall be memorialized in a writing executed by Client and Caterer. Contemporaneously with the execution of this writing, Client shall make the Final Payment (after application of the Initial Deposit) of the remaining balance due and payable. Client understands that this FINAL PAYMENT is NON-REFUNDABLE. Client understands that all non-refunded amounts have been fully earned by Caterer. C. Reconciliation Payment. In the event that the headcount increases after the Final Payment is made, Caterer shall be entitled to a Reconciliation Payment which shall be made not less than five (5) business days prior to the event. 5. CANCELLATION AND CHANGES. Client and Caterer understand that circumstances, including those beyond the control of either may happen. In such matters, the following shall control: A. Cancellation or Reschedule after Initial Deposit-Save the Date but Before Final Payment If the event is canceled for any reason after the Initial Deposit has been made, but before the Final Payment has been made, Caterer shall be entitled to retain the Initial Deposit as earned and this Contract shall be terminated without further obligation owed by one party to the other. If the event needs to be rescheduled, Caterer and Client shall work in good faith to change the Saved Date, in which case, this Contract shall be modified but not terminated. If a new Saved Date cannot be determined, this Contract shall be terminated without further obligation owed by one party to the other. B. Cancellation after Final Payment. If the event is canceled for any reason after the Final Payment has been made, Caterer shall be entitled to retain one hundred percent (100%) of the total compensation received. Caterer shall remit the food and beverage in unprepared or uncooked form to Client if food and beverage have been ordered. C. Change in Headcount. In those cases where the headcount changes after the Final Payment has been made, Caterer will use its best efforts to accommodate the change. Caterer shall be entitled to a guaranteed minimum equal to seventy percent (70%) of the headcount as determined and memorialized with the Final Payment. In those cases with: i. an increase in the headcount, Caterer shall be entitled to the Reconciliation Payment as set forth above; ii. a decrease in the headcount of less than fifteen percent (15%), Caterer shall be entitled to one hundred percent (100%) of the Final Payment; iii. a decrease in the headcount of more than fifteen percent (15%), Caterer shall be entitled to an equitable amount but in no case less than the guaranteed minimum. DocuSign Envelope ID: 3A9BFAC5-5C56-43AF-8401-DE3D9245565F 6. NO LIABILITY OF CATERER: Caterer shall not be liable to Client or any other person or entity for any claim, demand, loss, or expenses resulting from Caterer being unable to fulfill any or all terms, conditions or obligations under this Contract arising or because of war, riot, strike, flood, act of God, governmental action, or any other action, omission or condition which is beyond the control of Caterer or its staff. In the event of such action or condition, the terms of the Cancellation and Changes provisions hereinabove shall control. 7. GENERAL PROVISIONS: A. Binding Effect and Jurisdiction. This Contract shall be binding on and ensure to the benefit of the parties hereto, their respective officers, owners, heirs, administrators, personal representatives, successors and permitted assigns and shall be interpreted insofar as is possible in accordance with the laws of the State of North Carolina. Each party hereby submits themselves to the jurisdictions of the courts of the State of North Carolina in any future action brought by either of them to enforce any provision of this Contract, with proper venue for any state court action being laid in Orange County, North Carolina and in the Middle District of North Carolina for any federal court action. B. Voluntary Act. Each party acknowledges that they have read this Contract and understand its contents and provisions; that it is fair and reasonable to each of them, having due regard to the conditions and circumstances of the parties hereto as of the date hereof; that it is entered into of their own free will and volition and that no coercion, force, pressure, or undue influence has been used in the execution of this Contract, either by the other party hereto or by any other person or persons. Any individual signing this instrument on behalf of a corporate entity warrants and represents that (s)he has the authority to act and bind said entity to the terms and conditions of this instrument. C. No Presumption against Drafting Party. Notwithstanding the presumption of law whereby an ambiguity or conflict in provisions shall be construed against the drafter, the parties hereto agree that although one party may have generated this Contract, this Contract has been heavily negotiated and they have equally participated in the drafting of this Contract. Therefore, such presumption shall not be applied if any provision or term of this Contract requires judicial interpretation. D. Severability. It is expressly understood and agreed that in the event of any one or more of the provisions of this Contract shall be unenforceable for any reason, the remaining portions of this Contract shall, nevertheless, remain in full force and effect, and the unenforceable provision or provisions shall be modified so as to be valid, legal, and enforceable but only so much as to most nearly retain the intent of the parties. In the event of conflict between the terms and conditions of this Contract and applicable federal, state, or local laws, rules or regulations, the offending terms of this Contract will be deemed stricken and null and void. E. Prevailing Party Suit Costs. In the event either party shall institute an action to enforce a provision of this Contract, the prevailing party shall be entitled to recover suit costs, including reasonable attorneys’ fees, from the non-prevailing party. F. Interest. In the event of non-payment, then Caterer shall have the right to collect from Client an interest charge at the rate of one and one-half percent (1.5%) per month on any outstanding balance due until paid. DocuSign Envelope ID: 3A9BFAC5-5C56-43AF-8401-DE3D9245565F G. Additional Instruments. Each of the parties shall from time to time, at the request of the other, execute, acknowledge, and deliver to the other party any further instrument that may be reasonably required to give full force and effect to the provisions of this Contract. No liability or expense shall be incurred by the party requested to execute such instruments. H. Confidentiality. Except as required by applicable law, regulation or legal process, Client shall not disclose, publish, or disseminate any terms or provisions of this Contract or any amendments hereto and shall keep same strictly confidential; however, Client shall be authorized to disclose, publish, or disseminate to Client’s financial, legal, or other professionals and immediate family members. I. Modification and Waiver. A modification of any of the provisions of this Contract shall be effective only if made in writing and executed with the same formality as this Contract. The failure of either party to insist upon strict performance of any of the provisions of this Contract shall not be construed as a waiver of any subsequent default of the same of similar nature. J. Captions and Pronouns. The captions or paragraph headings are for convenience and ease of reference only and shall not be construed to limit, modify, or alter the terms of this Contract. The use of any gender shall be deemed to refer to the appropriate gender, whether masculine, feminine or neuter and the singular shall be deemed to refer to the plural where appropriate, and vice versa. K. Duplicate Originals. This Contract may be signed in two or more separate copies each of which shall be deemed a duplicate original. L. Entire Agreement. This Contract contains the entire understanding of the parties hereto; and there are no representations, warranties, covenants, or undertakings other than those expressly set forth herein which shall be deemed to be binding upon the parties. No statements, matters or representations, oral or written, extrinsic to this Contract are relied upon or shall have any force or effect. Notes By signing this Contract, the client indicates that they have read and agreed with all the clauses contained herein. Terms The signed Contract and deposit must be received in thirty days in order to secure the event date. Acceptance and Signature of Client: ____________________________________________ Date: __________________________________ Acceptance and Signature of Authorized Colonial Inn Staff: _______________________________ Date: _________________________________ DocuSign Envelope ID: 3A9BFAC5-5C56-43AF-8401-DE3D9245565F 4/29/2024 4/29/2024 Revised 01/24 1 ORANGE COUNTY—INTERNAL USE ONLY ______________________________________________________________________________ Finance Information Vendor Name: Colonial Inn Vendor Contact Person: Elise Tyler Phone: (919) 930-5555 cell (984) 789-4455 off. Address: 153 W. King St. City Hillsborough State: NC Zip: 27278 Department: Tax Administration Amount: $4,978.78 Purpose: Host Eastern Piedmont Tax Association (EPTA) professional organization quarterly meeting in December 2024. These quarterly meetings are hosted by various Tax Administrations throughout the Eastern Piedmont and bring together tax professionals and other experts to network, share knowledge, and stay updated on tax laws and regulations. Budget Code(s): 10335020-630000 Vendor # 68483 Vendor Status with NCSOS: Vendor is a BOCC consultant: Yes No Contract Details Contract Type: New Amendment (Original Contract: ) (Most Recent Amendment ) Effective Date 4/24/2024 End Date 12/31/2024 Notice Date (Notice Purpose ) Award Approved by Board (Agenda Date: ); Made or Administered by Signature Authority - BOCC Express Delegation (Agenda Date: ) - Policy 9.4: Under $5,000; Service Under $90,000; Construction Under $250,000 - Budget Policy Section XV (Capital Improvement Project: ) Bidding Informal Bidding ($30k-$90k); Formal RFP ($90k+); Other (<$30k); Exception(# ) Department Affirmation This agreement is approved as to technical form and content and I as Department Director affirmatively state work on this project has not been initiated prior to execution of the agreement. This agreement is approved as to technical form and content. Services related to this agreement have already begun or been completed. Description of the nature of the emergency condition that was addressed: Department Director’s Signature ________________________________________ Date: ________ Information Technologies This agreement has been reviewed and is approved as to information technology content and specifications: Office of the Chief Information Officer___________________________________ Date: ________ Inapplicable because no hardware/software purchases or related services Risk Management This agreement is approved for sufficiency of insurance standards, specifications, and requirements: Office of the Risk Management Officer___________________________________ Date: _________ Financial Services This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act: Office of the Chief Financial Officer ____________________________________ Date: _________ Legal Services This agreement is approved as to legal form and sufficiency: Office of the County Attorney __________________________________________Date: ________ Clerk to the Board All Docusign contracts must be copied to the Clerk upon completion: occlerkdocs@orangecountync.gov DocuSign Envelope ID: 3A9BFAC5-5C56-43AF-8401-DE3D9245565F 4/29/2024 5/6/2024 5/7/2024 5/7/2024