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CM-2022-057 - 3/11/2022City of Round Rock March 26, 2022 Kalahari Resorts & Conventions 3001 Kalahari Drive, Round Rock, TX 78665 Phone (512) 501-3493 • www.kalahariresorts.com EVENT CONTRACT.�:�....,,.., — DESCRIPTION OF GROUP AND EVENT Page 1 of 7 Printed: February 2, 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 hereinafter referred to as "Client" and outlines specific conditions and services to be provided. ORGANIZATION: CONTACT: Name: Street Address: City of Round Rock Joe Brehm, MPA 221 East Main Street City, State: Round Rock, TX 78664 Phone Number: (512) 341-3148 E-mail jbrehm@roundrocktexas.gov NAME OF EVENT: City of Round Rock's Annual Neighborhood Leader Conference OFFICIAL PROGRAM DATES: March 26, 2022 CONCESSIONS: The Kalahari Resort & Conventions is pleased to include the following: • Complimentary WiFi in guest rooms and convention center • Complimentary Self Parking • Waive room/event space rental with $3,800++ minimum F&B 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. Zah/alNeiZsQConveons 3001 Kalahari Drive, Round Rock, TX 78665 Phone (512) 501-3493 + www.kalahariresorts.com FACLIENT INITIALS f- KALA"! A WELCOME TOR I City of Round Rock March 26, 2022 Page 2 of 7 Date Time Event Glass Setup AGR Rental Sat, 03/26/22 7:00 AM - 8:00 AM Setup Semi -Circle 80 Waved Sat, 03/26/22 8:00 AM - 9:00 AM Breakfast Existing 80 Waived Sat, 03/26/22 9:00 AM - 12:00 PM Meeting Existing 80 Waived Sat, 03/26/22 12:00 PM - 1:00 PM Lunch Existing 80 Waived Sat, 03/26/22 1:00 PM - 3:00 PM Meet:in:g= Existing 80 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 $3,800.00 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. Kalahari Resorts & Conventions 3001 Kalahari Drive, Round Rock, TX 78665 Phone (512) 501-3493 • www kalahariresorts,com /10CUENT INITIALS i4 WELCOME TOiE City of Round Rock March 26, 2022 Page 3 of 7 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. 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 7paym twill be used as payment method for Master Account charges: ;E-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 $ 760.00 will be required in order to hold arrangements on a definite basis. This advance payment is due on March 11, 2022 and will be credited toward the Master Account. This advance Payment will be made with: I heck cCredit Card — Hotel will call client for the credit card number. Kalahari Resorts & Conventions 3001 Kalahari Drive, Round Rock, TX 76665 Phone (512) 501-3493 • www.kalahariresorts.com /4CLIENT INITIALS R1 WELcoME To K A L y City of Round Rock March 26, 2022 Page 4 of 7 CANCELLATION Client acknowledges that if it cancels or otherwise essentially abandons its planned use of 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 $3,230.00 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. POLICIES AND PROCEDURES htt s: www.kalaharimeetin s.com media 4442 tx- oIicies-and- rocedures-020122. df 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 parry'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. FORCE MAJEURE 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. Kalahari Resorts & Conventions 3001 Kalahari Drive, Round Rock, TX 78665 Phone (512) 501-3493 • www.kalah riresorts.com XCLIENTINMALS N WELcoME To KALAiARI City of Round Rock March 26, 2022 Page 5 of 7 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 WELCOME TO KALAI-'I"ARI City of Round Rock March 26, 2022 Page 6of7 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 unless notified otherwise by Hotel. After February 16, 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 City of Round Rock. Name: (Print) 6 /'1 ac6� 0 ;;�11;iii Signature:01 Approved and authorized by KR Acquisitions LLC: Title: (Print) , Date: Name: (Print) '-^ " "^ re f Title: (Print) C4 IQS Signature: - Date: 31►`I 1.20 2 Z Please sign this agreement and return it to the address below by February 16, 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) Je, 8 r hr,--� Title: (Print) Billing Address: Billing City, State, Zip: Phone number: Email Address: w i , i T/9-3�//-_ �/ 4 Kalahari Resorts & Conventions 3001 Kalahari Drive, Round Rock, TX 78665 Phone (512) 501-3493 • www.kalahariresorts.mm CLIENT INITIALS i!ARI WELCOME TO KALA City of Round Rock March 26, 2022 Kalahari. RESORTS & CONVENTIONS CREDIT CARD AURTHORIZATION FORM To The Kalahari Resorts & Conventions: I, (Name on Credit Card) Page 7 of 7 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 Lr—LIr:&?- (Function Date) Group/Organization Name: L` O F Q04M) RoCK Credit Card Billing Zip Code iCG G' Credit Card Type: 64 Credit Card last 4 digits: 1 G Z Expiration Date: 01 Cardholder's Signature: _ Kalahari Resorts & Conventions 3001 Kalahari Drive, Round Rock, TX 78665 Phone (512) 501-3493 • www k lahariresorts.com CLIENT INITIALS WELCOME TOA City of Round Rock + RQUND ROCK TEXAS Agenda Item Summary Agenda Number: Title: Consider executing an Event Contract with KR Acquisitions LLC for the City's Annual Neighborhood leader Conference. 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, Kalahari Neighborhood Leader Conf, LAF - Event Contract with Kalahari for Annual Neighborhood Leader Conference Department: Planning & Development Services Text of Legislative File CM-2022-057 Consider executing an Event Contract with KR Acquisitions LLC for the City's Annual Neighborhood Leader Conference in the amount of $9,018.75. This is the eighth year Neighborhood Services has hosted the Annual Leadership Conference. The Leadership Conference will be held March 26, 2022 from 8:00 am to 1:30 pm at Kalahari Resorts and Conventions. The focus of this conference is to provide networking opportunities and informative training for community leaders and HOA Community Managers in Round Rock. This 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, 56 guests have registered for this event. Budget: $8,237.50 (food and beverage) $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