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CM-05-06-1151 Request for City Council/City Manager Action City Council v City Manager • Department Name: Contact Person: Administration Christine Martinez/Sherri Monore Project Manager/Resource: N/A Project Coordinator: Assigned Attorney: Council or City Manager Approval/Agenda Date: Blue Sheet Wording Olivia Robinson Steve Sheets Project Name: Facility Reservation for Council Retreat Contractor/Vendor: Balcones Springs Executive Conference Center Funding Source: 5316-100-12000 Amount: Approximate Total $4,545.00 Consider approval of an Executive Contract with Balcones Springs Executive Retreat and Conference Center for the City Council's Annual Retreat on August 17-18, 2005. (The approved contract needs to be accompaniedt with the deposit check.) Finance Information Is Funding Required? Jx)000 Finance Approval Finance Finance JPurchasing XDBudget Yes No Initial Construction Contract Construction Contract Amendment Change Order Change in Quantity Unforeseen Circumstances Initial Professional Services Agreement Supplemental Professional Svcs. Agr. Purchasing/Service Agreement Purchase Order Item(s) to be purchased: Amount Other (Please clearly identify action on lines below) $2,272.50 This amount is for the deposit only at this time. (This has been discussed with Cindy Demers.) n/a L. Olsen Cheryl Delaney Date Date Date Date 6/16/2005 For Submission to ALL Cit unci) and City Manager Action Items Project Mgr. Signature: ,, / ° s ate:t Dept. Director Signature*: ate: 6/15/2005 City Attorney Signature*: ,nisi i r Date: City Manager Signature: Date: * Dept. Director and Legal Approval and is required for ALL items requesting City Manager/City Council approval. Updated 6-9-05 BLUE SHEET FORMAT DATE: 6/9/05 SUBJECT: City Council Retreat ITEM: Consider authorizing the City Manager to execute the Executive Contract with Balcones Springs Executive Retreat and Conference Center for Council Retreat. Dena aint: Administration Staff Person: Olivia Robinson Justification: The Council Retreat is August 17 & 18, 2005 to be held at Balcones Springs Executive Retreat and Conference Center in Marble Falls, TX. Funding: Approximately $4,545.00 (exact amount to be determined after stay due to incremental charges such as fax use, telephone and copies) Cost: $2,272.50 (deposit) Source of funds: General Fund Outside Resources: n/a Background Information: n/a Public Comment: n/a Blue Sheet Format Updated 01/20/04 Balcones Springs Executive Retreat and Conference Center Executive Contract June 2, 2005 City of Round Rock Contact: Olivia Robinson orobinsonna,round-rock. tx. us 221 East Main Street Round Rock, Texas 512-218-5403 City of Round Rock wishes to be a guest of Balcones Springs for a retreat. In order to make a reservation, City of Round Rock agrees to the following: 1. Sleeping Room Accommodations Arrival Date: 8/17/05 Departure Date: 8/18/05 Date Guests 8/17/05 Cabins 25 23 8/18/05 25 0 Guest Room Accommodation check in time is 3:00 pm Check out time is 11:00 am. 2. Per Diem Rates Single Occupancy Rate per person, per night: Double Occupancy Rate per person, per night: Day Rate (per person per day): $145 $165 Hotel Occupancy Tax: $70.50 Applicable Sales Tax: 11%* unless tax-exempt forms are faxed 6.25% * unless tax-exempt forms are faxed These fees include overnight accommodations, breakfast, lunch, dinner, meeting space, a continuous refreshment break, basic audio-visual equipment and the use of facilities and equipment which do not require Balcones Springs to provide additional supervision. Additional services that the City of Round Rock has contracted for are breakfast ($7.50) and lunch ($12.50) on 8/18/05. Special activities and alcoholic beverages are not included but may be purchased at an additional fee with pricing as follows: Horseback riding - $30 per person per hour (up to 6 people) Water Skiing - $150 per hour (up to 6 people) Lake Activities (swinnning, blob, water slide, rope swing, water trolley) - $20 per lifeguard per hour Ropes Course ($40 per person for 4 hrs. and $65 for 8 hrs.) Rock Climbing wall - $150 per hour 903 ft. Zip Line - $150 per hour Screamer - $150 per hour Quad Bungee - $150 per hour Skeet Shooting - $150 per hour 3. Deposit and Billing In order to reserve the above date, City of Round Rock agrees to pay a deposit of $ 2,272.50. This fee represents 50% of the total cost per participant and will be applied towards final payment unless there are damages, in which case the cost of repair will be deducted from the deposit. Upon departure, Balcones aryl -05-- OLP-I l5 Springs will present all accounts insured and invested against this contract. An invoice based on this contract for the total cost of your meeting will be faxed or mailed to you ten days prior to your arrival date. This amount is expected at the time of check in. Any additional charges incurred during the course of your meeting will be added and presented to you upon check out. Any questions relative to same should not affect • immediate payment of undistributed portion of the account balance. Interest at the rate of 18% per annum will be charged on the unpaid balance after 30 days from invoice. All tax-exempt forms need to accompany the signed contract in order to ensure tax exemption. If Balcones Springs has not received full payment for retreat upon departure or doesn't receive payment within 5 business days after the day City of Round Rock departs, the below credit card will be charged for any outstanding amount of the retreat: Credit Card #1i, 7 ti 6 $t 7 l j 31 exp. Date 6 Name on Card 11' �,', �.sgnti Signature 5. 4. Service Upon receipt of this signed contract and deposit, our sales coordinator will be ready to coordinate and confirm the details concerning your meeting. These details will include food and beverage arrangements (to include menus and special dietary needs), guest room assignments, meeting room set up, audio-visual equipment, billing arrangements, recreation and any other special activities. 5. Attrition and Cancellation Agreement Balcones Springs considers reserved rooms as "sold" and guarantees these services. Therefore, in the event of attrition or cancellation, City of Round Rock agrees to the following schedule: Attrition: 0 - 30 days y Guest Numbers are guaranteed 31 - 45 days Up to 10% reduction in guest numbers with mutual agreement. 46 - 90 days Up to 25% reduction in guest numbers with mutual agreement. Cancellation: 0 - 30 days 100% of all guest fees* 31 - 45 days 75% of all guest fees* 46 - 90 days 50% of all guest fees* 91 -120 days 25% of all guest fees* *Guest fees are defined as the total cost per participant for length of program. Balcones Springs reserves the right to cancel this agreement in the event City of Round Rock fails to meet its obligations under previous contracts, including cancellation of meetings without proper and adequate notice and/or nonpayment of previous invoices. Said notice of cancellation by Balcones Springs will be provided in writing to City of Round Rock 6. Contract Modification Changes made to this contract shall require mutual approval. Changes are valid only upon written confirmation and must be signed by both parties. 7. Summary To the extent permitted by law, City of Round Rock agrees to protect, indemnify, defend, and hold harmless Balcones Springs and the owners, and their respective employees and agents against all claims, losses, or damages to persons or property, arising out of or connected with the function. City of Round Rock agrees to be responsible for the damages or injuries regardless of whether they are caused by the negligence of Balcones Springs and or it's employees, directors, officers and agents. Balcones Springs is not liable for loss or damage to any merchandise or items left at the camp before, during, or after the retreat. City of Round Rock agrees that no alcoholic beverages will be brought onto the premises by retreat participants or guests. 8. Enforcement of this Contract This contract shall become effective between City of Round Rock and Balcones Springs when signed by each party in the spaces indicated below if the contract is signed and returned within 10 days. If it is not, Balcones Springs reserves the right to cancel all reservations. The parties agree that the foregoing reservations and arrangements are acceptable. For Balcones Springs to consider arrangements confirmed, this contract must by signed by the representatives of City of Round Rock and returned to Balcones Springs Executive Retreat and Conference Center. 9. Equine Activities In accordance with Texas Civil Practice & Remedies Code § 87.005(b), the following warning is given: WARNING UNDER TEXAS LAW (CHAPTER 87, CIVIL PRACTICE AND REMEDIES CODE), AN EQUINE PROFESSIONAL IS NOT LIABLE FOR AN INJURY TO OR THE DEATH OF A PARTICIPANT IN EQUINE ACTIVITIES RESULTING FROM THE INHERENT RISKS OF EQUINE ACTIVITIES. 10. Participation, Release and Waiver of Liability, and Indemnity Agreement As a material condition of this contract, City of Round Rock agrees to obtain the signature and written consent of each of the participants and, in the case of minors, their parents or legal guardians, to the attached Participation, Release and Waiver of Liability, and Indemnity Agreement. Sales Manager: Jill Raines Date: 6/2/05 Corporate Sales Manager Authorized Signature: Name: Title: © Copyright 1998 Foree Consulting Company, Inc. Date: Please send contract to: Balcones Springs Executive Retreat and Conference Center Attn: Sales Department 104 Balcones Springs Drive Marble Falls, TX 78654 Fax: 830-693-6478 Balcones Springs Executive Retreat and Conference Center Participation, Release and Waiver of Liability, and Indemnity Agreement Read Carefully Before Slenin2 We are glad to have you here at Balcones Springs Executive Retreat and Conference Center ("Balcones Springs"). You have the opportunity to grow spiritually while enjoying a variety of program activities available to you. These available activities include, but are not limited to, archery, skeet shooting, rifle shooting, ropes course, climbing wall, zip line, horseback riding, water blob, water slide, and mountain bike riding. You recognize and acknowledge that, in connection with such activities, certain risks and damages may occur, including, but not limited to, physical or psychological injuries or death. You also recognize and acknowledge that your participation in these activities is entirely voluntary. Upon recognition of the nature of the activities involved, their inherent risk, and for the opportunity to voluntarily participate in these activities, you hereby personally assume all risk for any harm, injury, or damage that may befall you or your family, estate, heirs or assigns, as a result of your participation in activities at Balcones Springs, including all risks connected with therewith, whether foreseen or unforeseen. By signing below, you release and discharge Balcones Springs, and its directors, officers, employees, and agents from any and all claims, demands or liability of every kind or nature, whatsoever, for personal injury, property damage, wrongful death, or otherwise, by you, or your family, estate, heirs, or assigns, arising out of or related to any activities Balcones Springs and/or your participation in such activities, except for such claims, demands or liability caused by the negligence of Balcones Springs, its directors, officers, directors, officers, employees and agents. You further agree to indemnify, protect, defend and to save and hold harmless Balcones Springs, and its directors, officers, employees, and agents from any and all claims, demands or liability of every kind or nature, whatsoever, for personal injury, property damage, wrongful death, or otherwise, by you, or your family, estate, heirs, or assigns, arising out of or related to any activities at Balcones Springs and/or your participation in such activities, whether or not caused by your own negligence or the negligence of any other person or entity. You further state that you are agreement, or that you have understand the terms herein are of your own free act. of lawful age and legally competent to sign this release and indemnity acquired the written consent of your parents or guardians; that you contractual and not a mere recital; and that you have signed this document In accordance with Texas Civil Practice & Remedies Code § 87.005(b), the following warning is given: WARNING UNDER TEXAS LAW (CHAPTER 87, CIVIL PRACTICE AND REMEDIES CODE), AN EQUINE PROFESSIONAL IS NOT LIABLE FOR AN INJURY TO OR THE DEATH OF A PARTICIPANT IN EQUINE ACTIVITIES RESULTING FROM THE INHERENT RISKS OF EQUINE ACTIVITIES. We may provide you with written guidelines and verbal instructions for participation in activities. While participating, you agree to follow such guidelines and instructions designed to minimize risk of harm. You grant permission to the medical personnel selected by an adult leader of our routine tests, and treatment for your health, and in the event you are unable o as entoup todduring er an emergency, you hereby give permission to the attending medical personnel to hospitalize, secure proper treatment and to order medical procedures and treatment as deemed necessary. Photographs and/or video and sound recordings of you may be made during your time at Balcones Springs. You authorize the use of such material by Balcones Springs for its purposes. We trust you will safely enjoy your time at Balcones Springs and the activities in which you participate. Please attest to your agreement to the terms of the Release and Participation Agreement by signature below. I HAVE FULLY INFORMED MYSELF OF THE CONTENTS OF THIS PARTICIPATION, RELEASE AND WAIVER OF LIABILITY, AND INDEMNITY AGREEMENT BY READING IT BEFORE I SIGNED IT: Participant's Name Jim A) U SE1 d /7 2F Q� uuo � // Participant's Signature N� T �l N Date Contact Phone Numbers (hm) (wk) Parent/Guardian Signature if under 18 Parent/Guardian Signature Date