ecc board of trustees documents/2017_08...with ecc as the host, the american culinary federation...

ECC Board of Trustees

Executive Summary

Date: August 31, 2017

Subcommittee: Consent

Agenda Item: Memorandum of Understanding (MOU) requested between ECC Hospitality Management and the American Culinary Federation, Inc., to host the 2018 Northeast Regional Championship Culinary Salon at the ECC North Campus

This item is for: For Board's Approval Backup Documentation: Attached to this document

Background Information:

With ECC as the host, the American Culinary Federation would like to hold the prestigious 2017

Northeast Regional Championship Culinary Salon on ECC North Campus premises in the Culinary Arts

Baking and Small Labs on January 27 to 28, 2018. Previously, ECC hosted 2014 and 2000 competitions.

Approximately 30 students from colleges across the Northeast will be participating, and ECC expects six

Student Culinary Teams with advisors and coaches (who qualified through their win at the state level)

from the Northeastern region of the United States. ACF National president Stafford DeCambra will

attend along with judges from Washington DC, the cities of Boston and Pensacola, and the states of

Alabama and New York.

Reasons for Recommendation:

While ECC will not be participating this year, the event will bring a spotlight to ECC’s facilities and be a

positive experience for the college. During the last competition, the Buffalo News and two local

television stations gave ECC excellent coverage. In addition, ECC students had the opportunity to

observe the culinary competition and ECC faculty were involved with the judges as well as having the

opportunity to speak with colleagues from across the region. The competition has regional and national

sponsors (Vitamix, Plugra Butter, Canada Cutlery, Lactalis, and US Foods) who donate products and

equipment for the participants.

Fiscal Implications:

No cost

Consequences of Negative Action:

Non applicable

Steps Following Approval:

Review and approval by ECC Legal Counsel Leslie Ortiz Fogg, Assistant County Attorney, Erie County.

Contact Information If Any Questions:

Richard C. Washousky, Provost and Executive Vice President, North Campus

Phone: (716) 851-1500 / E-Mail: [email protected]

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Updated as of 9/8/2014 4:30PM American Culinary Federation, Inc. – Confidential & Proprietary

MEMORANDUM OF UNDERSTANDING (MOU)

Between

American Culinary Federation, Inc. (“ACF National Office”)

180 Center Place Way

Saint Augustine, FL 32095

and

Erie Community College North Campus

6205 Main St. Williamsville, NY 14221

This is an agreement between Party A -“American Culinary Federation, Inc.”, hereinafter called “ACF

National Office” and Party B - “Erie Community College North Campus”, hereinafter called “Venue”.

I. PURPOSE & SCOPE

The purpose of this MOU is to clearly identify the roles and responsibilities of each party as they

relate to the successful execution of the 2017Northeast Regional Championship Culinary Salon

(“Competition) to be held at the Venue over the following dates: January 27-28, 2018.

In particular, this MOU is intended to:

• Confirm date(s) and physical location of the Venue

• Outline the expected Venue requirements for the Competition

• Clarify the role of the ACF National Office and its Staff Support

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II. BACKGROUND

The Competition will serve as the regional culinary championship competition sanctioned by the

American Culinary Federation. The rules of the Competition and selection of approved competitors will

be exclusively governed by the ACF National Office as governed by the bylaws of the American Culinary

Federation under the guidance of the ACF Culinary Competition Committee.

The prevailing individual and student team competitors from each competition category, as

designated by the ACF National Office, will be named the Northeast (Region) champion(s) and will be

afforded the opportunity to represent their respective region in the national championship competition to

be held in conjunction with the 2018 ACF National Convention.

III. ACF NATIONAL OFFICE RESPONSIBILITIES UNDER THIS MOU

ACF National Office shall exclusively undertake the following activities:

• Develop the guidelines and rules for the Competition

• Manage the competitor application and approval process

• Help Provide ACF approved judges and/or event officials required for the Competition

• Manage the judging of the Competition

• Provide all official correspondence with competitors and ACF partners and sponsors associated

with the Competition

• Promote the Competition and manage all official Competition public relations, press releases

and/or media requests

• Maintain records of scoring of the Competition

• Solicit and negotiate sponsorship of the Competition

• Provide medals, certificates, and/or awards to competitors

• Provide a certificate of general liability insurance that names the Venue as an additional insured

for the duration of the Competition

IV. Venue RESPONSIBILITIES UNDER THIS MOU

The Venue shall undertake the following activities:

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• Provide an ACF member on staff to coordinate competitions, preferably a chef

professional with previous ACF-sanctioned competitions experience or otherwise as

approved by the standing ACF regional vice president

• Meet with representatives from the ACF National Office in advance of the Competition

by teleconference, or, at the sole expense of the ACF National Office, in-person at the

Venue

• Provide adequate volunteers, professional and student, on site during the Competition to

ensure the successful execution of the event, as outlined herein or as may be requested by

the standing ACF regional vice president

• Accommodate the following needs:

a. Two full days of competitions

b. Host competitor/judges meeting (seating for 80) and delivery of competitors food

& equipment on day prior to start of competition

c. Minimum of 2 kitchens with at least 4 equal stations per kitchen. Each station to

include:

• 1 ea. 4-6 burner range

• 1 ea. full sheet-pan size oven with 2 shelves

• 2 ea. 6’ or 8’ tables, 30” wide and standard kitchen height

• 4 ea. power outlets

• Refrigeration capable of fitting 2 full size sheet trays

• Freezer space, within close proximity

• Access to ice supply

• One 6’ display table per team for platter and menu display

• Up to 6 additional 6’ tables for individual competitor display plates

• Refer all media requests to the ACF National Office

• Calibrate all ovens prior to the competition

• Comply with Competition rules and regulations as provided by the ACF National Office

or its designees

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• Provide a private room where tasting judges can taste food in private and hold menu

critiques and a staging area for Competition team equipment

• Maintain general commercial liability insurance with coverage limits of at $1,000,000.00

per occurrence

• Provide complimentary or validated parking for Competition participants, including

van/oversized vehicle/trailer parking for Competition teams

• Supply speed racks and sheet pans for competitors as well as carts for teams, if available

• Supply ingredients at cost, as reasonably available and requested by ACF National Office

for use in competition, if needed (Note: competitors expected to provide all of their own

ingredients.)

• Provide coffee/beverage service, breakfast and lunch on-site for judges on competition

days

• Provide access to dining hall or other similarly priced cash sale food items on-site for

competitors during each day of competition, if available and as reasonably possible

• Provide information in-advance to ACF competitions administrator on local area dining,

grocery stores and lodging options (not by group contract, just recommendations) for

competitors and, if possible, secure special pricing or discounts

• Provide an itemized invoice within 30 days of the completion of the Competition for any

expenses as allowable to the terms of this agreement and as agreed upon in writing in

advance by ACF National Office, with net 30 days terms of remittance, payable by ACF

credit card or ACF company check.

V. IT IS MUTUALLY UNDERSTOOD AND AGREED BY AND

BETWEEN THE PARTIES THAT:

1. This Agreement, along with attachments, if any, contains all of the terms, conditions,

benefits and liabilities agreed upon by the parties with respect to the subject matter of this Agreement.

Any changes to these terms must be made in writing and signed by both parties to be effective. All prior

agreements with respect to the subject matter of this Agreement, whether oral or written, are no longer

effective once the parties sign this Agreement.

The Venue may require ancillary terms under this agreement, such as Policies and Procedures. If

there is any conflict between such terms and the terms of this Agreement, the terms of this Agreement

shall prevail, unless an addendum to this Agreement stating otherwise is signed by both parties.

2. The performance of this Agreement by either party is subject to any emergency making it

illegal, impracticable, or impossible to provide the facilities or to hold the meeting, including, without

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limitation, acts of God, war, terrorism, labor disputes, government regulations, disaster, civil disorder, or

curtailment of transportation facilities which affects at least 40% of the registered attendees. This

Agreement may be terminated without liability for any of the above reasons by written notice from one

party to the other within ten (10) days of such occurrence or receipt of notice of any of the above

occurrences. Any notice necessary relative to this event shall be provided as follows:

Richard C. Washousky

Provost and Executive Vice President

Erie Community College - North Campus

6205 Main Street

Williamsville, New York 14221

Michael Pietkiewicz

Executive VP of Operations

Erie Community College - City Campus

121 Ellicott Street

Buffalo, New York 14203

3. Each party to this Agreement shall, to the extent, indemnify, defend, and hold harmless

the other party and its officers, directors, directors, agents, employees, and owners from and against any

and all demands, claims, damages to persons or property, losses, and liabilities, including reasonable

attorneys’ fees (collectively, “Claims”), arising solely out of or solely caused by the indemnifying party’s

negligence or willful misconduct in connection with the provision and use of the Venue as contemplated

by this Agreement.

4. Any change in Venue management will be subject to all of the terms of this Agreement

and to any subsequent arrangements for services, fee structures, operating policies etc. that have been

confirmed in writing to the Group by the Venue’s current management.

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VI. EFFECTIVE DATE AND SIGNATURE

This MOU shall be in effect upon the signature of Party A’s and Party B’s authorized officials. It

shall be in force from date of signature below until thirty (30) days after the Competition, or until

all obligations outlined in this Agreement have been fulfilled.

Parties A and B indicate agreement with this MOU by their signatures below:

Signatures and dates

_____________________________ ________________________[Sign]

Heidi M. Cramb, Executive Director

Dr. Daniel Hocoy, President _[Print]

American Culinary Federation, Inc.

Erie Community College _[Venue]

_____________________________ _____________________________

Date Date

SignaturePage

Vendor : Amer i can Cu l ina ry Federa t ion , I n c . _____________________________________________ ________________________________ Name Date _____________________________________________ Title

Er i e Commun i ty Co l l ege Approved as to Content: _____________________________________________ _August 10, 2017_________________

Richard C. Washousky Date Provost and Executive Vice President

Approved as to Form: _____________________________________________ _______________________________

ECC Legal Counsel Leslie Ortiz Fogg Date Assistant County Attorney, Erie County _________________________________________

Date

_____________________________________________ _______________________________ Dr. Dan Hocoy, President Date STATE OF NEW YORK COUNTY OF ERIE On the _______ day of ____________, before me personally came Dr. Dan Hocoy, to me known to be the individual described in, and who, executed, the foregoing instrument and acknowledge that he executed the same.

_______________________________________________

Notary Public

See below

8/11/2017

12156675

148065

County of Erie and Erie Community College

4041 Southwestern Blvd.

Orchard Park, NY 14127

180 Center Place Way

St. Augustine, FL 32095

American Culinary Federation, Inc.

Depositors Insurance Company

Allied Property and Casualty Insurance Co

42587

42579

550 South 4th St

Minneapolis, MN 55415

855-491-0974

Wells Fargo Insurance Services USA, Inc.

Tracey Moore

813-639-3000 877-302-4034

[email protected]

1,000,000

2,000,000

X 1,000,0005/15/2017 5/15/2018300,000

A

5,000

XACP BPOD 5975469802

2,000,000X

X

2,000,000

5/15/2017 5/15/2018B 2,000,000X ACP CAP 5975469802

0

X

County of Erie and Erie Community College is included as additional insured as it relates to general liability inaccordance with the terms and conditions of the policy. Umbrella follows form as it relates to additional insured.

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