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CM-2021-164 - 5/28/2021City of Round Rock October 22, 2021 Page 1 of 6 Printed: March 30, 2021 Sales Manager: Kearstin Puricelli Kalahari Resorts & Conventions 3001 Kalahari Drive, Round Rock, TX 78665 Phone (512) 501-3493 • www.kalahariresorts.com CONTRACT DESCRIPTION OF GROUP AND EVENT The following represents an agreement between KR Acquisitions LLC, dba Kalahari Resorts & Conventions, hereinafter referred to as "Hotel" and City of Round Rock hereinafter referred to as "Client" and outlines specific conditions and services to be provided. [0]:zCfsJ►1r/,rM%]l� CONTACT: Name: Street Address: City, State: Phone Number: E-mail City of Round Rock Monique Adams 221 East Main Street Round Rock, TX 78664 (512)218-3234 madams@roundrocktexas.gov NAME OF EVENT: Employee Recognition Dinner OFFICIAL PROGRAM DATES: October 22, 2021 CONCESSIONS: The Kalahari Resort & Conventions is pleased to include the following: • Complimentary WiFi in convention center • Complimentary Self Parking • Waived event space rental based on a $15,000 food and beverage minimum • Waived bartender fee FUNCTION INFORMATION AGENDA/EVENT AGENDA Based on the requirements outlined by Client, the Hotel has reserved the function space set forth on the below Function Information Agenda/Event Agenda. Banquet and Meeting Room assignments are based on the anticipated number of guests. The Hotel reserves the right to re -assign alternate meeting space equivalent to originally contracted event space and/or proportionate to your guarantee. All food, beverage, event space rental and Audio Visual rental is subject to a taxable service charge (currently 2401r) and applicable sales tax (currently 8.25%). All other charges (excluding function space) are subject to applicable sales tax. All prices quoted are subject to change and will be guaranteed with your Conference Service Manager 60 days prior to your function. Kalahari Resorts & Conventions CLIENT INITIALS 3001 Kalahari Drive, Round Rock, TX 78665 Phone (512) 501-3493 • www.kalahariresorts.com KALAI �r-�2l-IcP4 WELCOME TO I City of Round Rock October 22, 2021 Page 2 of 6 Date Time Event Class Setup AGR Rental Fri, 10/22/21 1:30 PM - 6:30 PM Setup Rounds of 8 300 Waived Fri, 10/22/21 6:30 PM - 7:00 PM Reception Existing 300 Waived Fri, 10/22/21 7:00 PM - 9:00 PM Dinner Existing 300 Waived FOOD AND BEVERAGE MINIMUM Client agrees that it will provide, and Hotel is relying upon no less than a food and beverage minimum expenditure $15,000.00 associated with the event excluding service charge and sales tax. Client and Hotel agree that if Client fails to purchase this minimum, Client will pay Hotel the difference. These liquidated damages are not a penalty and will be determined by calculating the difference between the actual food and beverage purchased and the minimum as defined above. These damages will be charged in the form of additional meeting room rental. OUTSIDE FOOD AND BEVERAGE POLICY All food and beverages served at functions associated with the Event must be provided, prepared, and served by Hotel, and must be consumed on Hotel premises. LIQUOR LICENSE Client understands that Hotel's liquor license requires that beverages only be dispensed by Hotel employees or bartenders. Alcoholic beverage service may be denied to those guests who appear to be intoxicated or are under age. DAMAGES Client shall be responsible to maintain and keep the facility in good order and repair. Any damages to the facility including but not limited to the carpet, floors, walls, doors, guest rooms, Convention Center and all other parts of the hotel caused by Client or its officers, directors, agents, employees, subcontractors, licensees, or invitees shall be paid for by Client at the actual or estimated cost of repair, normal wear and tear excepted. INSURANCE The Hotel and the Client shall obtain and maintain and provide evidence of insurance upon request in amounts sufficient to provide coverage for any liabilities, which may reasonably arise out of or result from the respective obligations pursuant to this contract. TAX-EXEMPT STATUS Currently Client is listed as a tax-exempt group. Tax-exempt status must be arranged in advance by mailing or faxing a copy of the group's tax-exempt certificate. Without a valid Texas tax-exempt certificate on file, Client will be charged all state, county and local sales and hotel taxes. MASTER ACCOUNT METHOD OF PAYMENT The payment of anticipated charges on Master Account is due no less than 3 business days prior to arrival. Hotel must be notified in writing at least 3 days prior to arrival of all authorized signatories. Should the client elect not to be considered for direct bill or direct billing is not approved. The following method of payment will be used as payment method for Master Account charges: PRE -PAY Check — Must be received no later than 14 days prior to arrival. PRE -PAY Credit Card — Hotel will call Client for the card number. PRE -PAY Cash Kalahari Resorts & Conventions 3001 Kalahari Drive, Round Rock, TX 78665 Phone (512) 501-3493 a www.kalahariresorts.com CLIENT INITIALS WELCOME TO K�iLA1� 19I City of Round Rock October 22, 2021 ADVANCE PAYMENT Page 3 of 6 An advance payment of $3,750.00 will be required in order to hold arrangements on a definite basis. This advance payment is due on Friday, ¢ ay,�, 021 and will be credited toward the Master Account. This adva+�e Payment will be made with: Check Credit Card — Hotel will call client for the credit card number. CANCELLATION Client acknowledges that if it cancels or otherwise essentially abandons its planned use of the Room Night Commitment and/or the Event Agenda (a "Cancellation"), this action would constitute a breach of Client's obligation to Hotel and Hotel would be harmed. Because Hotel's harm (and Client obligation to compensate Hotel for that harm) is likely to increase if there is a delay in notifying Hotel of any Cancellation, Client agrees to pay $15,000.00. Provided that Client timely notifies Hotel of the Cancellation and timely pays the above liquidated damages, Hotel agrees not to seek additional damages from Client relating to the Cancellation. Hotel reserves the right to cancel this event and any future events of Client at this and any other Kalahari Resorts & Conventions location if Client has an unpaid balance due from any past event at this Kalahari Resorts & Conventions location or any other Kalahari Resorts & Conventions affiliated location. Hotel may cancel at any time up to and including the first day of the Official Program Dates. Client hereby waives any claim for damages of any kind if Hotel exercises its right to cancel hereunder. CHANGES, ADDITIONS, STIPULATIONS, OR LINING OUT Any changes, additions, stipulations or deletions Including corrective lining out by either Hotel or Client will not be considered agreed to or binding on the other unless such modifications have been initialed or otherwise approved in writing by the other. COMPLIANCE WITH LAW This Agreement is subject to all applicable federal, state, and local laws, including health and safety codes, alcoholic beverage control laws, disability laws, and the like. Client and Hotel agrees to cooperate with each other to ensure compliance with such laws. POLICIES AND PROCEDURES https://www.ka lahariMggtings.com/media/4442/tx-policies-and-procedu res. pdf Client is subject to the policies and procedures governing guests of the Hotel. AMERICANS WITH DISABILITIES ACT (ADA) COMPLIANCE Each party agrees to use good faith efforts to ensure that it complies with its obligations under the Americans with Disabilities Act and the Act's accompanying regulations and guidelines (collectively the "ADA"). Each party further agrees to indemnify and hold the other party harmless from and against any and all claims and expenses, including attorneys' fees and litigation expenses, that may be incurred by or asserted against the other party or its officers, directors, agents, and employees on the basis of the indemnifying party's non-compliance with any of the provisions of the ADA. Client agrees to provide Hotel with reasonable advance notice about the special needs of any attendees of whom City of Round Rock is aware. Kalahari Resorts & Conventions 3001 Kalahari Drive, Round Rock, TX 78665 Phone (512) 501-3493 • www.katahartresorts.com CLIENT INITIALS wELcoME ro KALAIt"AiRl City of Round Rock October 22, 2021 Page 4 of 6 FORCE MA]EURE Neither party shall be liable in damages for any default in performing hereunder if such default is caused by conditions beyond its control including, but not limited to (a) Acts of God, (b) acts of terrorism that directly prevent travel to Hotel, (c) Government restrictions that directly prevent travel to Hotel, (d) epidemic or disease rendering warnings and advisories by the World Health Organization (WHO) and the Centers for Disease Control (CDC) that directly prevent travel to Hotel and/or (e) any other cause beyond the control of the applicable party that prevents forty-five (45%) percent or more of the expected participants from traveling to the Hotel. INDEMNIFICATION Each party to this Agreement shall indemnify, defend and hold harmless the other party and its officers, directors, agents, employees and owners from and against any and all demands, claims, damages to persons or property, losses and liabilities, including reasonable attorney fees (collectively, "Claims"), to the extent arising out of or caused by the negligence or willful misconduct of any person or entity for whom the indemnifying party is legally responsible in connection with the provision of goods and services and use of Hotel as contemplated by this Agreement. This paragraph shall not waive any statutory limitations of liability available to either party, including innkeeper's limitation of liability laws, nor shall it waive any defense either party may have with respect to any Claim. MISCELLANEOUS The provisions of this Agreement are severable. If any provision is held to be invalid or unenforceable, it shall not affect the validity or enforceability of any other provision. This contract shall be governed by and construed, interpreted and enforced in accordance with the laws of the State of Wisconsin and Wisconsin Courts. Hotel and Client have agreed to and have executed this agreement by their authorized representatives as of the dates indicated below. This Agreement (including any attachments) constitutes the entire agreement between Hotel and Client. All prior verbal or written communications between Hotel and Client shall be of no effect or evidentiary value. This Agreement may be altered or modified only in writing signed by the parties hereto. ACCEPTANCE This document is a contingent offer of a contract. It is contingent on the Hotel space and services described herein being open and available on the date Hotel receives the executed contract from Client. Client shall have the first option to contract the space and services until May 28, 2021 unless notified otherwise by Hotel. After May 28, 2021, this contingent contract will become a second option with the space and services herein being made available to other clients on a first come -first served basis. This document becomes a binding contract between Hotel and Client when the Client returns a properly executed copy to Hotel and Hotel executes the contract as well. A fully executed contract will be sent to Client to confirm the contract is in place. Kalahari Resorts & Conventions 3001 Kalahari Drive, Round Rock, TX 78665 Phone (512) 501-3493 • www.kalahariresorts.corn CLIENT INITIALS WELCOME TO KALAitARI City of Round Rock October 22, 2021 SIGNATURES Approved and authorized by City of Round Rock. Name: (Print) - +dW ' Signature: Approved and authorized by KR Acquisitions LLC: Page 5 of 6 Title: (Print) w r Date: Name: (Print) Title: (Print) Signature: Date: Please sign this agreement and return it to the address below by Friday, May 28, 2021. A countersigned copy will be returned to you upon receipt. BILLING CONTACT If the final bill for this event should be sent to a person other than the signatory listed above, please provide contact information for that billing contact below: Name: (Print) V - ` n Title: (Print) ..l �' - Billing Address: 2-24 E Billing City, State, Zip: Phone number: Email Address: S ro tl Kalahari Resorts & Conventions 3001 Kalahari Drive, Round Rock, TX 78665 Phone (512) 501-3493 • �npt,4saldhdr;resorEs.com l 0V CLIENT INITIALS WELCOME TOKAlA4ARI City of Round Rock October 22, 2021 Page 6 of 6 RESORTS & CONVENTIONS CREDIT CARD AURTHORIZATION FORM To The Kalahari Resorts & Conventions: (Name on Credit Card) Authorize the Kalahari Resorts & Conventions to charge to my credit card for the full amount of all charges incurred for the function to be held on (Function Date) Group/Organization Name: Credit Card Billing Zip Code Credit Card Type: Credit Card last 4 digits: Expiration Date: Cardholder's Signature: Kalahari Resorts & Conventions 3001 Kalahari Drive, Round Rock, TX 78665 Phone (512) 501-3493 • kwsrr�Y.kalal�arire5arts.tom rEl� l,r T 7 _CLIENT INMALS WELCOME TO KALAi'NARI ROUND ROCK TEXA5 City of Round Rock Agenda Item Summary Agenda Number: Title: Consider City Manager Approval for agreement with Kalahari for use of their facility to host 2020-2021 Employee Recognition Dinner Type: City Manager Item Governing Body: City Manager Approval Agenda Date: 5/28/2021 Dept Director: Laurie Hadley Cost: $15,000.00 Indexes: Attachments: Department: Administration Text of Legislative File CM-2021-164 The agreement was approved out of process. Budget was approved by Finance via email on 5/28/21. Cost: 15,000 Source of Funds: General Fund City of Round Rock Page 1 of 1 D 1-330 (Back) (Rev 12-02+4) TEXAS SALES AND USE TAX EXEMPTION CERTIFICATION Name of purchaser, firm or agency City of Round Rock Address (Street & number, P.O. Box or Route number) Phone (Area code and number) 221 East Main St. 1512-218-5400 City, Slate, ZIP code Round Rock, Texas 78664 I, the purchaser named above, claim an exemption from payment of sales and use taxes (for the purchase of taxable items described below or on the attached order or invoice) from: Seller: Kalahari Resorts and Conventions Street address: 3001 Kalahari Drive City, State, ZIP code: Round Rock, TX 78665 Description of items to be purchased or on the attached order or invoice: Dinner for 2020-2021 Employee Recognition Dinner Purchaser claims this exemption for the following reason: The City of Round Rock, Texas is a tax-exempt municipality. Tax ID #74-6017485 I understand that I will be liable for payment of sales or use taxes which may become due for failure to comply with the provisions of the Tax Code: Limited Sales, Excise, and Use Tax Act; Municipal Sales and Use Tax Act; Sales and Use Taxes for Special Purpose Taxing Authorities; County Sales and Use Tax Act. County Health Services Sales and Use Tax; The Texas Health and Safety Code; Special Provisions Relating to Hospital Districts, Emergency Services Districts, and Emergency Services Districts in counties with a population of 125,000 or less. l understand that it is a criminal offense to give an exemption certificate to the seller for taxable items that I know, at the time ofpurchase, will be used in a manner other than that expressed in this certificate and, depending on the amount of tax evaded, the offense may range from a Class C misdemeanor to a felony of the second degree. Pu 1s'erry here Title For the City of Round Rock Date 6/ 112021 NU This certificate cannot be issued for the purchaser lease, or rental of a motor vehicle. THIS CERTIFICATE DOES NOT REQUIRE A NUMBER TO BE VALID. Sales and Use Tax "Exemption Numbers" or "Tax Exempt' Numbers do not exist. This certificate should be furnished to the supplier. Do not send the completed certificate to the Comptroller of Public Accounts.