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CM-2022-056 - 3/11/2022April 4, 2022 Page 1 of 6 Kalahari Resorts & Conventions 3001 Kalahari Drive, Round Rock, TX 78665 Phone (512) 501-3493 • www.kalahariresorts.com EVENT CONTRACT DESCRIPTION OF GROUP AND EVENT Printed: January 27, 2022 Sales Manager: Stacy Bell The following represents an agreement between KR Acquisitions LLC, dba Kalahari Resorts & Conventions, hereinafter referred to as "Hotel" and City of Round Rock 2nd Annual Neighborhood Services hereinafter referred to as "Client" and outlines specific conditions and services to be provided. ORGANIZATION: City of Round Rock 2nd Annual Neighborhood Services CONTACT: Name: Christopher Ankeny Street Address: 221 East Main Street City, State: Round Rock, TEXAS (TX) 78664 Phone Number: 737-610-5455 E-mail cankeny@roundrocktexas.gov NAME OF EVENT: Neighborhood Services Symposium 2nd Annual OFFICIAL PROGRAM DATES: April 4, 2022 CONCESSIONS: The Kalahari Resort & Conventions is pleased to include the following: • Complimentary WiFi in guest rooms and convention center • Complimentary Self Parking • Will waive event/function space with $3,500+ F&B minimum 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/function space and Audio Visual rental is subject to a taxable service charge (currently 25%) and applicable sales tax (currently 8.25%). All other charges 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. Date Time Event Class I Setup AGR I Rental Mon, 04/04/22 8:30 AM -10:00 AM Breakfast I Rounds of 6 1 50 1 Waived Mon, 04/04/22 9:00 AM - 4:00 PM Ceremony Rounds of 6 1 50 1 Waived Mon 04/04/22 12:00 PM - 1:00 PM Lunch Buffet I Rounds of 6 1 50 Waived Kalahari Resorts & Conventions 3001 Kalahari Drive, Round Rock, TX 78665 Pha a (5�i) �01- 493 • www.kalahariresorts.com CA f1 IJ�Y��� cLIENT INITIALS wvi rnmF Tn KAI A��;�B�+�I April 4, 2022 Page 2 of 6 FOOD AND BEVERAGE MINIMUM Client agrees that it will provide, and Hotel is relying upon no less than a food and beverage minimum expenditure $3,500.00 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 No outside food or beverage is permitted in resort function rooms, common areas or other public areas. Unused food and beverage cannot be removed from the area where it is served. 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. DIRECT BILL OPTION: At the sole discretion of Hotel, direct bill privileges may be extended for Master Account charges. To be considered for Direct Bill status, a Direct Bill Application must be submitted no later than 30 days prior to arrival. In the event Direct Bill Status is not granted, full payment of anticipated Master Account charges must be received at least 3 business days prior to arrival. If direct bill privilege is extended, Hotel, in its sole discretion, may require Client to provide a personal guarantee of payment. if the direct bill is not paid in full when due, Client and personal guarantor, if any, agree as follows: (1) to a finance charge of 11/2% per month (18.0% per annum), or the maximum allowed by law, whichever is less, on the unpaid balance from the date of original invoice,(2) to pay all costs of collection, including actual attorney's fees, and (3) that Hotel may cancel future event contracts of Client without notice and without penalty. As a guarantee, the hotel requires Client to have a credit card on file. Hotel will call client for this credit card number. Kalahari Resorts & Conventions 3001 Kalahari Drive, Round Rock, TX 78665 Phone (512) 501-3493 • wwwAalahariresorts.com O CLIENT INITIALS wai r.ne�F rn 1�A' A ��#8�qI April 4, 2022 Page 3 of 6 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: �L/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 ADVANCE PAYMENT An advance payment of $700.00 will be required in order to hold arrangements on a definite basis. This advance payment is due on Tuesday, February 22, 2022 and will be credited toward the Master Account. This advance Payment will be made with: Gbeck relit 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'l, 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 $2,550.00 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. If there is an unpaid balance due from any past event, 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. Kalahari Resorts & Conventions 3001 Kalahari Drive, Round Rock, TX 78665 Phone (512) 501-3493 • www.kalaharirgsorts.com CLIENT INITIALS wrirnMFrnKAl A'"'AwI April 4, 2022 Page 4 of 6 POLICIES AND PROCEDURES https://www.kalaharimeetings.com/med is/4442/tx-policies-and-procedures.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 Neighborhood Services is aware. FORCE MAIEURE 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. Kalahari Resorts & Conventions 3001 Kalahari Drive, Round Rock, TX 78665 Phone (512) 501-3493 • www.kalahariresorts.com CLIENT INITIALS wFi rnuF rn KA' A"'W' :i�q April 4, 2022 Page 5 of 6 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 February 22, 2022 unless notified otherwise by Hotel. After February 22, 2022, 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. SIGNATURES Approved and authorized by Ciitty of Round Rock Neighborhood Services. A��. 6wlv Ma Name: (Print) t5odk' �/>� Title: {Print) � Signature: �-�- Date. Approved and authorized by KR Acquisitions LLC: Name: (Print) h ��n �! � �� Title: (Print) �1 : "AC6 iej � 2 Signature: Date: Please sign this agreement and return it to the address below by Tuesday, February, 2022. 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) f7A '-U ken Title: (Print) Billing Address: Billing City, State, Zip: Phone number: Email Address: rl Kalahari Resorts & Conventions 3001 Kalahari Drive, Round Rock, TX 78665 Phone (512) 501-3493 • www.kalahariresorts.com P 6—`T5J C/ CLIENT INITIALS w r i r.nMv rn KA1 A;ii9 4 1 April 4, 2022 Page 6 of 6 Kalahari. RESORTS & CONVENTIONS CREDIT CARD AURTHORIZATION FORM To The Kalahari Resorts & Conventions: (dame on Credit Authorize the Kalahari Resorts & Conve �tions to charge to my credit card for the full amount of all charges incurred for the function to be held on O (Fun ion Date) Group/Organization Name: i f4 zvO Credit Card Billing Zip Code GG� Credit Card Type: Credit Card last 4 digits: 1114As7*rz C/ale-10 Ws-[ Expiration Date: 47/ Z�j Cardholder's Signature: Kalahari Resorts & Conventions 3001 Kalahari Drive, Round Rock, TX 78665 Phone (512) 501-3493 • www.kalahariresorts.com ,CLIENT INITIALS wci r.nmF rn KAI AN':#hql ROUND ROCK TEXAS City of Round Rock Agenda Item Summary Agenda Number: Title: Consider executing an Event Contract with KR Acquisitions LLC for the City's Second Annual Neighborhood Services Symposium. Type: City Manager Item Governing Body: City Manager Approval Agenda Date: 3/11/2022 Dept Director: Brad Wiseman Cost: $9,018.75 Indexes: General Fund Attachments: City of Round Rock Event Estimate for Planning, Kalahari Resorts Conventions 4-4-2022 Quote, LAF - Event Contract with Kalahari for 2nd Annual Neighborhood Services Symposium Department: Planning & Development Services Text of Legislative File CM-2022-056 Consider executing an Event Contract with KR Acquisitions LLC. for the City's Second Annual Neighborhood Services Symposium in the amount of $9,018.75. The Second Annual Neighborhood Services Symposium will be held at Kalahari Resorts and Conventions on Monday, April 4, 2022 from 9:00 am to 4:00 pm. The attendees will be Neighborhood Services and Code Enforcement personnel from across the state of Texas. The Symposium will focus on networking, best practices and will include a four person panel discussion about engaging with residents and getting public input on major projects. The contract includes all food and beverages as well as use of facilities for up to 100 guests. The venue will only charge for the number of guests that attend. Currently, 50 guests have registered for this event. Budget: $8,237.50 (food and beverage for up to 100 guests) $718.75 (audio/visual) $62.50 (stage riser) Cost: $9,018.75 Source of Funds: General Fund City of Round Rock Page 1 of 1