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CM-2023-085 - 4/28/2023City of Round Rock May 2, 2023 Page I of 6 Printed: April 20, 2023 Sales Manager: Naomi Mason Kalahari Resorts & Conventions 3001 Kalahari Drive, Round Flock, TX 78665 Phone (512) 501-3493 . www.kalahariresorts.com EVENT 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. ORGANIZATION: CONTACT: Name: Street Address: City, State: Phone Number: E-mail NAME OF EVENT: City of Round Rock Monique Adams 221 East Main Street Round Rock, TX 78664 (512) 218-3234 madams@roundrocktexas.gov Employee Recognition Luncheon OFFICIAL PROGRAM DATES: May 2, 2023 CONCESSIONS: The Kalahari Resort & Conventions is pleased to include the following: • Complimentary WiFi in guest rooms and convention center • Complimentary Self Parking • Custom Menu and Menu Pricing • Complimentary Iced Tea Service • Waived Room Rental • Complimentary Stage and Pad+urn Kalahari Resorts & Conventions 3001 Kalahari Drive, Round Rock, TX 78665 Phone (512) 501-3493 a- wtvw ka1,Pka 'srQsnrtsxQM CLIENT INMAIS WELCOME TOK A L Al"�N A �1� I City of Round Rock May 2, 2023 Page 2 of 6 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 and Audio visual rental is subject to a taxable service charge (currently 25%) 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. Date Tlme Event Agenda Event Space AGR Rental Tue 05/02123 12 00 AM . 3-00 PM __ Event Barn Event Barn 700 $0.00 Tue, 05102/23 12 00 AM — 3-00 PM Event Lawn Event Lawn 700 $0.00 Tue 05102t23 12 00 PM - t .00 AM (5) 2 Nicghi Slay Gift Certificates Event Barn 700 53,500 real ree Tue 05W/23 12 00 PM - 1 00 PIA Lunch Event Barn 700 0 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 falls 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 & Convent ons CLIENT INITIALS 3001 Kalahari Drive, Round Rock, TX 78665 Phone (512) 501-3493 c; 1 RALAI-NAN 41 P City of Round Rock May 2, 2023 DIRECT BILL OPTION: This group has been approved for Direct Bill. Page 3of6 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. ADVANCEPAYMENT An advance payment of $0.00 will be required in order to hold arrangements on a definite basis. This advance payment is due on Monday, April 24, 2023 and will be credited toward the Master Account. This advance 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 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 (anti Client obligation to compensate Hotel for that harm) is likely to increase if there Is a delay in notifying Hotel of any Cancellation, Cient agrees to pay $12,000.00 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, The Hotel reserves the right to cancel client's event at any time outside 11 months prior to Client's arrival date. The Hotel will be responsible for refunding al, deposits and paying as rquidated damages an amount equal to 10% $.00 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 affliated'ocation. If there is an unpaid balance due from any past event, Hotel may cancel at any time up to and Mouding 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, stipulatons or deletions including correctve :fining out by either Hotel or Client will not be considered agreed to or binding on the other unless such rnodificatons have been initialed or otherwise approved in writing by the other. COMPLIANCE WITH LAW This Agreement -s subject to all applicab a federal, state, and local iaws, inciudmg, health and safety codes, alcoholic beverage control laws, d'sability laws, and the like. Client and Motel agrees to cooperate with each other to ensure compl,ance with such laws. Kalahari Resorts & Convent,ons _ CLIENT INITIALS 3001 Kalahari Or;ve, Round Rock, TX 78665 Phone (512) 501 3493 • ww w.kalahanresorts.corn KALA'I'llARI LcaM ro City of Round Rock May 2, 2023 POLICIES AND PROCEDURES https://www.kaIaha,rimeetings cone _media/4442/tx-rrolicies-and-procedures-020122.ucif Client is subject to the policies and procedures governing guests of the Hotel. A Timeline Of Key Deadlines For Planning for Your Event Submit general outline of your meeting including all events, room set ups, audio visual needs and meal choices Work with Conference Catering Manager via phone or appointment to finalize details for each of your events Final Banquet Event Order (BEO) form for each event signed by client _ Food and Beverage guarantees due for each meat and break event Page 4 of S 60 days prior to arrival Catering Manager 30 days prior to arrival Catering Manager 14 days prior to arrival Catering Manager 72 hours prior to arrival Cateriniz Manager 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 whore 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, 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 Co persons or property, losses and liabilities, including reasonaUe 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 limRations 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 & Corrventions CLIENT INITIALS 3001 Kalahari Dfwe, Round Rock, TX 18665 Phone (512) 501-3-193 • www.kalahariresorts,�gm WELC0WE TO City of Round Rock May 2, 2023 Page 5of6 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 April 24, 2023 unless notified otherwise by Hotel. After April 24, 2023, 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 Motel 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) _ L!� L • Ift`,( Signature: j Approved and authorized by KR Acquisitions LLC: Name: (Print) Signature: Title: (Print) Date: 'yam at Title: (Print) [late: r; � U q ,le- � 3 Please sign this agreement and return it to the address below by Monday, April 24, 2023. 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) Title: (Print) Billing Address: Billing City, State, Zip: fly i 1 ! 7 (o (6 --� Phone number: 6/2 - ? ( -� —2 3 L Email Address: L I iA(CLf� 1_ r+!,f.��G� 1C C k,� v Kalahari Resorts & Conventions 3001 Kalahari Drive, Round Rock, TX 78665 Phone (512) 501.3493 • www kal.ilEarire nr y_ ;oar CLIENT INITIALS W E L C 0 M E ' RI TO City of Round Rock May 2, 2023 Kalahari. RESORTS & CONVENTIONS CREDIT CARD AURTHORI7ATION FORM To The Kalahari Resorts & Conventions: T (Name on Credit Card) Page 6 of 6 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 Using Zip Credit Card Type: Credit Card last 4 digits: Expiration fate: Cardholder's Signature: Kalahari Resorts & Conventions 3001 Kalahari Drive, Round Rock, TX 78665 Phone (512) 541 3443 • war w,!Sk il�jjLirirfso c CLIENT INITIALS WELCOME TOKLAtKARI ROUND ROCK TEXAS City of Round Rock Agenda Item Summary Agenda Number: Title: Consider executing an Event Contract with Kalahari for the Employee Recognition Luncheon on May 2, 2023. Type: City Manager Item Governing Body: City Manager Approval Agenda Date: 4/28/2023 Dept Director: Laurie Hadley Cost: $15,000,00 Indexes: Attachments: CORR Employee Recognition Countersigned Contract Department: Administration Text of legislative File CM-2023-085 This is the second employee appreciation luncheon held at Kalahari. Cost: 15,000 estimated (pending final headcount) Source of Funds: City Manager Contingency Funds Clry of Round Rock Page i of 1