HomeMy WebLinkAboutCONSTELLATION CULINARY GROUP N-2026-035
11"ISL+E~AKE f�13i REGOINED
WORK ViAY FRCCEED
CITY CLERK
DATE: FEB
14�nniF�v�r�l4av�a lnz�
Wednesday, February 25, 2026
Santa .Ana Police 6:00 pm - 8:00 pm
Bowers Museum
Dept Awards Sant North Main Street
Santa Ana, CA 92706
Reception 100 guests
CONSTELLATION
We're a culinary group dedicated to providing Prepared for: Santa Ana Police Dept.
best-in-class dining experiences for one-of-a- Jennifer Arellano
kind events, cultural centers, professional 657.550.4646
settings, restaurants and cafes. Jarellano@santa-ana.org
Our goal is simple: we're here to make you Presented by: Cindy Cappello
happy. Cindy.Cappello@constellationculinary.com
And our people work tirelessly to ensure that
CONSTELLATION
Santa Ana Police Dept Awards Reception
�7j{-�1 e Menu Wednesday, February 25, 2026
HORS D'OEUVRES STATION
*1 A.
................................................................................................... ....... ........ ................
Charcuterie Board
artisan meats & cheeses
grain mustard, house made preserves,
cornichons
flatbreads &crackers
CrudiL6 Platter
crisp fresh vegetables, classic hummus
Tortilla Chips & Dips (V)
guacamole, salsa raja
........................................................... ............................................................. ................
Classic Lemonade&Water Station
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Santa Ana Police Dept Awards Reception, 2/25/26
Event Number; BOW638387, The Menu, Printed: 2/5/26 2
CONSTELLATION
The E
������� Santa Ana Police Dept Awards Receptipn
Wednesday, February 25, 2026
............................................................................................................................. ................
Plated Appetizer Display $4,080.00
$1,200. Discount per Robin Ewing for Santa Ana -$I,200.00
Police Department
Charcuterle 80 Guests - $25.00 / guest
Chips &Dip 80 Guests - $8.00 / guest
Crudite 80 Guests - $18.00 / guest
............................................................................................................................. ................
Beverages $500.00
-$499.99
Complimentary Lemonade & Water Station 100 Guests - $5.00 / guest
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Santa Ana Police Dept Awards Reception, 2/25/26
Event Number: BOW_638387, The Estimate, Printed: 2/5/26 3
CONSTELLATION
CUMULATIVE STAFFING $1435.00
FEE
Constellation will provide talented, trained
personnel for your special event.
Our courteous and experienced service staff
will be attired in black button-down shirts
with a straight black tie and black pants.
Lead Event Captain (1)
Server (2)
Beverage Attendant { 1 )
Event Cook (2)
The Cumulative Staffing Fee is for administration of the Event. It is not a gratuity,
purported to be a gratuity, and will not be distributed as gratuities to the employees
who provided service to guests/clients/customers. Our professional staff is paid a
highly competitive direct wage which typically ranges between $40.00 and$65.00 per
hour based on the position. Constellation Culinary Group incurs significant costs related
to scheduling, training, uniforms, insurance, payroll related taxes, and providing other
benefits, all of which, in addition to the direct wages paid to the staff, were used to
determine this fee. The entire cumulative staffing fee is part of the gross receipts of
the company and is taxable.
Subtotal $5,715.00
Discount -$1,699.99
Sales Tax $414.59
Total $4429.6 0
Gratuities are not included in any Component of the event estimate details and are left at,
and in, the sole discretion of the Client.
Any payment made by credit card will incur a convenience fee of3.5%.
Santa Ana Police Dept Awards Reception, 2/25/26
Event Number: BOW_638387, The Estimate, Printed: 2/5/26 4
CONSTELLATION
Terms & Conditions :
California
1. Reservation of Event Date. To reserve food and beverage services for the date of your Event (the "Event Date"), a
non- refundable deposit (the "Initial Deposit") is due upon the execution of these Terms and Conditions (this
"Agreement") between Constellation Culinary Group("Caterer") and [Santa Ana Police Dept. ] ("Client").The Initial Deposit
is calculated as twenty-five percent(2511%) of the total estimate as set forth in the attached Proposal (the"Total Estimate"),
which Proposal Is Incorporated Into this Agreement as if fully set forth in this Agreement.Caterer's receipt of the Initial
Deposit acknowledges Client's agreement to the Terms and Conditions in this Agreement.
2. Payment for invent. The remaining estimated balance of the Total Estimate will be due to Caterer as follows:
.....................................................................................................................................................................................................................
De a�s!t Percentage of Total Estimate Date Due
.....................................................................................................................................................................................................................
Second Deposit 500/0 120 days prior to Event date [Date of Proposal if
inside of 120 days]
..............................I........I——......Q.........................................................................................................................................I......................
Third Deposit 25/o or Full Balance Due 12 days prior to Event date(5 days for
corporate/non-social events]
The Initial Deposit, Second Deposit and Third Deposit are collectively the "Deposit". The Deposit will be applied against
the Final Invoice for the Event.
Any additional charges that arise from (1) increases in the Final Guest Count(defined below), (ii) additional equipment and
linens,and/or (iii)service overtime charges,will be included on the final invoice (the"Final Invoice"), The Final Invoice will
be provided to Client within three (3) days after the conclusion of the Event (the"Final Invoice Date"), Any applicable
remaining balance is due to Caterer within fifteen (15) days after the Final Invoice Date.
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Santa Ana Police Dept Awards Reception, 2/25/26
Event Number: BOW_636387, Terms & Condition, Printed: 2/5/26 5
CONSTELLATION
3. Late Payments. If Client fails to make any payments pursuant to this Agreement within the required time periods
and any amounts remain unpaid ten (10) days after Caterer delivers written notice to Client of such failure, then Caterer
shall have the right to release the Event Date and terminate this Agreement. Any amounts not paid within fifteen (15) days
after the Final Invoice Date, provided Caterer has given written notice thereof and an opportunity to cure within the
aforementioned ten (10)day period, shall incur a late fee equal to one and one half percent(1.5%) per month until all
outstanding amounts are paid in full. In the event Caterer is required to engage an attorney for the purposes of collecting
any amounts due from Client, the attorneys' fees and all costs incurred by Caterer in connection with the collection shall
be due and payable to Caterer, within ten (10) days after written demand therefor. THE PARTIES ACKNOWLEDGE AND
AGREE THAT IT WOULD BE IMPRACTICAL AND EXTREMELY DIFFICULT TO ESTIMATE CATERER'S ACTUAL DAMAGES
AS A RESULT OF A LATE PAYMENT AND THEREFORE THE PARTIES AGREE THAT THE LATE FEE TO BE PAID BY CLIENT
PURSUANT TO THIS SECTION 3 IS A REASONABLE ESTIMATE OF CATERER'S DAMAGES. SUCH AMOUNT SHALL BE
THE FULL, AGREED AND LIQUIDATED DAMAGES FOR LATE PAYMENTS. THE PAYMENT OF SUCH AMOUNT AS
LIQUIDATED DAMAGES IS NOT INTENDED AS A FORFEITURE OR PENALTY WITHIN THE MEANING OF CALIFORNIA
CIVIL CODE SECTIONS 3275 OR 3369 BUT IS INTENDED TO CONSTITUTE LIQUIDATED DAMAGES TO CATERER
PURSUANT TO CALIFORNIA CIVIL CODE SECTIONS 1671, 1676 AND 1677.
4. Guest Count. Client agrees to provide to Caterer In writing, the following information at least fourteen (14) days prior
to the Event Date (such date, the"Guaranteed Count Date"): (i) the final minimum guest count [and entr6e selection] of
those attending the Event, and (ii) any changes related to any services provided in this Agreement (collectively, the"Final
Guest Count"). Confirmations and/or changes made to menu and/or services after the Guaranteed Count Date are subject
to surcharges for procurement of additional products and services. Client may increase the Final Guest Count until the
date that is five (5) days prior to the Event Date and agrees to pay all additional charges In connection with increased
guest count, In the event of a decrease to the actual guest count after the Guaranteed Count Date, the Client shall remain
responsible for payment on the entire Final Guest Count. Prices stated herein are subject to modification at Caterer's
discretion to account for changes to the market price of products and/or an increase in the Final Guest Count.
S. Payment. Caterer prefers that all payments due under this Agreement be made by wire transfer or credit card.
However, Caterer will accept cash and checks, provided that the funds are available for withdrawal on the next business
day.
6. Client's Property. Caterer is not responsible for any items provided by Client for the Event (e.g. liquor, flowers, cake,
gifts, etc.). Caterer is only responsible for those items listed on the attached Proposal and for no other items. In the event
Client requests that Caterer utilize any personal possessions or property of Client ("Client's Property") in connection with
the Event,Client shall be solely responsible for the care and removal of Client's Property. Client waives, releases,
indemnifles, and holds harmless Caterer and its agents and employees from and against any and all claims, liabilities,
damages, expenses including but not limited to attorneys' fees and costs incurred by (i) third parties in connection with
the use of Client's Property, (11) any loss or damage to Client's Property, in connection with the Event,
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Santa Ana Police Dept Awards Reception, 2/25/26
Event Number: 130W_638387, Terms & Condition, Printed: 2/5/26 6
CONSTELLATION
7. Indemnification. Client agrees to Indemnify,defend and hold harmless Caterer and its parents, subsidiaries and
affiliates, and each of their respective partners, members, managers, officers, directors, employees, agents and
representatives, against any and all loss, damage, liability,claim, demand, suit and expense (including reasonable
attorneys'fees and related costs and expenses) resulting from injury and harm (including death) to all persons or property
(including Client's Property) arising out of or in any way connected with Client or the Event (including actions of guests,
vendors and contractors attending the Event), provided, however, that nothing herein shall require Client to indemnify
Caterer for claims to the extent arising out of the gross negligence or willful misconduct of Caterer, its employees or
contractors.The rights and obligations of this paragraph shall survive termination of this Agreement.
7.1 Insurance, Caterer shall submit to the City proof of insurance consistent with the insurance requirements
of the City's Agreement with Bower's Museum. A copy of the Bowers Agreement shall be provided by City
staff. Caterer shall provide a copy of its certificate of insurance to City Staff and Bowers Museum upon full
execution of the Agreement.
0. Conduct. Client and Caterer agree to conduct the Event in an orderly manner, and in full compliance with all
applicable laws, ordinances and regulations, and, if applicable, the rules and regulations of the Facility attached hereto as
Exhibit A.
9. Excused Performance. Caterer's performance is contingent upon the absence of strikes, labor disputes, accidents,
government restrictions or regulations on operations, commodities or supplies, natural disaster, acts of war or acts of God
or terrorism, or severe weather conditions, or any other cause beyond Caterer's control (each, a"Force Majeure"). In the
event Caterer is unable to perform due to an event of Force Majeure, Client's sole and exclusive remedy will be the return
of Its Deposit(to the extent actually paid) and any other monies paid to Caterer by Client, less any documented out of
pocket costs and expenses incurred by Caterer in connection with the Event. Upon mutual agreement only, Caterer may
reschedule the Event to a mutually agreeable date in the future.
10. Facility Termination. Caterer assumes no responsibility in the event the Facility is unwilling or unable to have the
Event occur on the Event Date, and such circumstance shall not relieve Client of its obligations hereunder. Notwithstanding
anything in this Agreement to the contrary, should the Facility be unwilling or unable to have the Event occur on the Event
Date, the Caterer agrees to use reasonable efforts to assist Client in Client's endeavors to relocate the Event to a mutually
agreeable location on the Event Date, or to a mutually agreeable future date at the Facility.
11.Relocation. Caterer has advised, and Client acknowledges, that due to circumstances including, but not limited to a
casualty or Force Majeure affecting the Facility, it may be necessary, as determined in Caterer's sole discretion, to relocate
the Event to a venue other than the Facility identified herein. Caterer shall provide Client at least sixty (60) days' notice
prior to any required relocation (the"Relocation Notice"). In the event Caterer provides notice of relocation to Client,
Caterer will use reasonable efforts to relocate the Event to a venue reasonably similar in capacity and within a reasonable
distance from the Facility (the"Substitute Venue"). Client shall have a period of five (5) days after the date of the
Relocation Notice to reject, in writing, the Substitute Venue and to terminate the Event, in which case monies paid to
Caterer to date shall be returned to the Client in full. In the event Client does not provide written notice of termination
within the aforementioned timeframe, the Relocation Notice shall serve to amend the Event Facility and all other terms of
this Agreement shall continue in full force and effect.
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Santa Ana Police Dept Awards Reception, 2/25/26
Event Number: BOw_638387, Terms & Condition, Printed: 2/5/26 7
CONSTELLATION
12. Cancellation. If Client cancels the Event, it must do so In writing and deliver such notice to Caterer via either
certified mail return receipt requested or reputable overnight courier (i.e., Federal Express) (the "Cancellation Notice").
Upon Caterer's receipt of the Cancellation Notice, Caterer shall be entitled to retain an amount equal to the Deposit(or
applicable portion thereof)plus Caterer's actual expenses incurred as a cancellation fee (the"Cancellation Fee") as Caterer's
sole and exclusive remedy in connection with such cancellation. The Cancellation Fee will be held until the Event date,
when It will be determined solely by the Caterer, based on its ability to resell the Facility for the Event date, the portion of
the Cancellation Fee, if any, to be returned to the Client. Under no circumstances will the Cancellation Fee exceed the
difference between the Total Estimate and what would have been Caterer's cost of performance under the Agreement
had the Event not been cancelled, plus actual expenses incurred. If Client cancels the Event prior to the Guaranteed Count
Date,Client shall be entitled to a refund of any additional monies paid to Caterer over and above the sum of(i) the portion
of the Deposit then-paid and (ii) the Cancellation Fee.
13. Assignment of Agreement. The Agreement is not assignable by Client without Caterer's written consent, which
may be granted or withheld at Caterer's sole discretion. Any attempted assignment or transfer by the Client without
consent shall be void, and deemed a cancellation of the Event, and the Client shall remain liable for the Cancellation Fee.
14, Modifications. Caterer may, after notifying Client, make reasonable substitutions to menu, equipment, and other
services listed on the Agreement.
15. Authority.Any person signing this Agreement in the name of a company, corporation, limited liability company,
partnership,charitable organization,society, association,club, or any other organization or entity, represents that he/she is
duly authorized to sign this Agreement on behalf of the Client entity and bind that entity to the terms and conditions of
this Agreement.
16. Severability. The parties acknowledge and agree that the provisions of this Agreement are both reasonable and
enforceable. However, if any portion or provision of this Agreement is determined to be illegal, invalid, or unenforceable
by any court of competent jurisdiction and cannot be modified to be legal, valid, or enforceable, the remainder of this
Agreement shall not be affected by such determination and shall be valid and enforceable to the fullest extent permitted
by law, and said illegal, invalid, or unenforceable portion or provision shall be deemed not to be a part of this Agreement.
17. Entire Agreement. The Agreement (inclusive of the Proposal) represents the entire agreement between the parties
with respect to the transactions contemplated herein and supersedes any and all other agreements between the parties,
whether verbal or written. Any variation or other changes to the Agreement must be made in writing and signed by both
Client and Caterer.
18. Governing Law. The Agreement shall be interpreted and enforced according to the laws of the State of California,
without regard to conflict of law principles. Any disputes shall be heard by a court of competent jurisdiction located in the
State of California.
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Santa Ana Police Dept Awards Reception, 2/25/26
Event Number: BOW_638387, Terms & Condition, Printed: 2/5/26 8
CONSTELLATION
Acceptance
............................................................................................................................. ................
Please carefully review the information included in this proposal to confirm that your event details
are accurate. To accept the Proposal and the terms of this Agreement, please sign below and
return to Constellation Culinary Group.
I agree to the above terms & conditions:
See Attached Signature Page
CLIENT CONSTELLATION CULINARY GROUP
City of Santa Ana - obo Santa Ana Cindy Cappello
Police Department
.................................................................... ...................................................................
DATE DATE
Deposit
..........................--.....1-..................................................................................... ................
As per the Terms & Conditions, the following deposits are requested:
Initial Deposit
Second Deposit
Third Deposit
All checks should be made payable to:
CONSTELLATION CULINARY GROUP
2002 North Main Street
Santa Ana, CA 92706
............................................................................................................................. ................
Santa Ana Police Dept Awards Reception, 2/25/26
Event Number: BOW 638387, 'terms & Condition, Printed: 2/5/26 9
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year
first above written,
ATTEST: CITY OF SANTA ANA
IFE ALVARO NUNEZ
City Clerk City Manager
APPROVED AS TO FORM: RECOMMENDED FOR APPROVAL:
SONIA R. CARVALHO
City Attorney
1—wa==—�— e , L
By:
TAMARA BOGOSIAN Robert Rodriguez
Senior Assistant City Attorney Chief of Police