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CM-12-07-134''ROUND ROCK, TEXAS PURPOSE PASSION PROSPERITY Item Caption: Ci1�1 "�2-1)-1'-i39 RECEIVED JUL 1810p City Manager Approval Form City of Round Rock Fire Department Agreement with the Marriott Austin North at Round Rock. Approval Date: 7/20/2012 Department Name: Fire Department Project Manager: Charles Meserole Assigned Attorney: J Kay Gayle Item Summary: The Fire Department will host their annual banquet at the Marriott Austin North at Round Rock. This agreement confirms the venue use date and hotel banquet services. Costs for this program will be allocated as follows: City of Round Rock: $5500 (2012 $500, 2013 $5000 budget) Williamson County ESD #9: $2500 RR Firefighters Association: $1000 Total Funded Amount: $9000 No. of Originals Submitted: 2 Project Name: Cost: $5500 (City of Round Rock) Source of Funds: General Fund Source of Funds (if applicable): General Fund Account Number: 5316-100-22000 (FY 2013) Finance Director Approval: Cheryl Delaney Date: 7/18/12 Department Director Approval: David E. Coatney Date: 07-15-12 **Electronic signature by the Director is acceptable. Please only submit ONE approval form per item.** CIP n n Budget N/A OK El N/A OK Purchasing El El N/A OK Accounting n n N/A OK ITEMS WILL NOT BE PLACED ON THE COUNCIL OR CM AGENDA W/OUT PRIOR FINANCE AND/OR LEGAL APPROVAL REV. 6/20/11 )arrioII. AUSTIN NORTH At Round Rock Group Sales Agreement DESCRIPTION OF GROUP AND EVENT The following represents an agreement between the Hotel and Round Rock Fire Department and outlines specific conditions and services to be provided. ORGANIZATION: Round Rock Fire Department CONTACT: Mr. Rob Eggeling JOB TITLE: Captain ADDRESS: 2919 Joe DiMaggio Way Round Rock, Texas 78665 PHONE NUMBER: 512-560-7032 FAX NUMBER: reggeling@roundrocktexas.gov NAME OF EVENT: Round Rock Fire Department Banquet OFFICIAL PROGRAM DATES: October 13, 2012 - October 14, 2012 GUEST ROOM COMMITMENT The Hotel agrees that it will provide the Round Rock Fire Department as follows: Run of House Sat 10/13 20 GROUP ROOM RATES Based upon Round Rock Fire Department total program requirements as outlined in this agreement, Hotel confirms the following group rates (net of all taxes): Room Single Rate Double Rate Run of House 99.00 99.00 Hotel room rates are subject to applicable state and local taxes (currently 15.00%) in effect at the time of check in. Round Rock Fire Department Banquet Contract Date: Wednesday, July 18, 2012 1 of 8 GM-t2`o1-t3q-f SPECIAL CONCESSIONS In consideration of the Total Room Nights and the functions identified on the Function Information Agenda/Event Agenda, Hotel will provide Round Rock Fire Department the following special concessions: • First and foremost is SERVICE! We will help you plan all facets of your meeting and have the staff handle every aspect of your program. • We would be pleased to customize menu needs with our incredible Executive Chef. • Same rate for Single or Double Occupancy. • Complimentary Parking • Special pricing has been offered to the Round Rock Fire Department for this meal of $22.00. This will include chicken entree, starch, season vegetables, bread, iced tea and coffee. The selection of dessert or salad may be added with no additional price increase but only one. ($22.00 plus 21% service charge and applicable taxes). • Complimentary wired microphone. METHOD OF RESERVATIONS Individual attendees will make reservations for the Event directly with Marriott reservations at 1-800-865-0546 or 512-733-6767. GUARANTEED RESERVATIONS All reservations must be accompanied by a first night room deposit, or guaranteed with a major credit card or by Round Rock Fire Department. Hotel will not hold any reservations unless secured by one of the above methods. CUT-OFF DATE Reservations by attendees must be received on or before September 22, 2012. At the Cut - Off Date, Hotel will review the reservation pick up for the Event, release the unreserved rooms for general sale, and determine whether or not it can accept reservations based on a space- and rate -available basis at the Round Rock Fire Department group rate after this date. METHOD OF PAYMENT The method of payment of the Master Account will be established prior to arrival of Round Rock Fire Department. Hotel must be notified in writing at least ten (10) days prior to arrival of the authorized signatories and the charges that are to be posted to the Master Account. Any cancellation or attrition fees will be billed to the Master Account. Round Rock Fire Department Banquet Contract Date: Wednesday, July 18, 2012 2 of 8 Payment of the Master Account may be made by a credit card subject to approval by the Hotel's Accounting department. Please complete and submit the enclosed authorization forms, upon signing of the agreement. Authorization for the estimated amount due will be made on the credit card upon the arrival of the group; payment will be made against the authorization upon the group departure. MASTER ACCOUNT CHARGES Attendees will pay their own room, tax, and incidentals incurred by them at Hotel. Round Rock Fire Department will be responsible for all other charges incurred pursuant this Agreement. FUNCTION INFORMATION AGENDA Based on the requirements outlined by Round Rock Fire Department, the Hotel has reserved the function space set forth on the Function Information Agenda/Event Agenda attached to this Agreement. Date Start Time End Time Function Room Setup Agr Food & Beverage Min 10/13/2012 6:00 PM 7:00 PM Reception La Frontera 1,11 & Rounds of 10 250 III $4000 10/13/2013 7:00 PM 10:00 PM Dinner La Frontera 1, 11 & Rounds of 10 III 250 FACILITY SERVICE FEES Based on Round Rock Fire Department's requirements, Hotel's function space fees will be based on a food and beverage minimum of $4000.00 plus 21% service charge and applicable taxes. Keep in mind cash bars and audio visual rentals are not applied to the food and beverage minimum. This includes the $150.00 set up fee per day per function. CANCELLATION Round Rock Fire Department agrees to provide Hotel with written notice of any decision to cancel or to otherwise essentially abandon its use of the Total Room Nights (a "Cancellation") within five (5) business days of such decision. Round Rock Fire Department acknowledges that a Cancellation would constitute a breach of Round Rock Fire Department's obligation to Hotel and Hotel would be harmed. If a Cancellation occurs, the parties agree that: a) It would be difficult to determine Hotel's actual harm. a) The sooner Hotel receives notice of the Cancellation; the lower its actual harm is likely to be, because the probability of mitigating the harm by reselling space and functions is higher. The highest percentage amount in the chart (the "Chart") set forth below reasonably estimates Hotel's harm for a last-minute Cancellation and, through its use of a sliding scale that reduces damages for earlier Cancellations, the Chart also reasonably estimates Hotel's ability to lessen its harm by reselling Round Rock Fire Department's space and functions. Round Rock Fire Department Banquet Contract Date: Wednesday, July 18, 2012 3 of 8 Round Rock Fire Department therefore agrees to pay Hotel, within thirty (30) days after any Cancellation, as liquidated damages and not as a penalty, the amount listed in the Chart below. Date of Decision to Cancel Amount of Liquidated Damages Due Date of Agreement to 9 months prior 10% of Food & Beverage Minimum* From 6 months to 9 months prior 25% of Food & Beverage Minimum * From 6 months to 3 months prior 50% of Food & Beverage Minimum * From 3 months to 1 month prior 75% of Food & Beverage Minimum * 30 days prior to arrival 100% of Food & Beverage Minimum * * "Food & Beverage Minimum" is $4000.00 Provided that Round Rock Fire Department notifies Hotel in a timely manner of the Cancellation and pays the above liquidated damages in a timely manner, Hotel agrees not to seek additional damages from Round Rock Fire Department relating to the Cancellation. Due to unforeseen events that will affect the Round Rock Fire Department, if it is not feasible to hold the event on the contracted date the Austin Marriott North will allow for the event to be moved forward 6 months based on available space. All payments that have been applied to the event will also be forwarded including the deposit. CHANGES, ADDITIONS, STIPULATIONS, OR LINING OUT Any changes, additions, stipulations or deletions including corrective lining out by either Hotel or Round Rock Fire Department 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. FOOD AND BEVERAGE The details of the event including Food and Beverage must be coordinated with the Sales and Catering Staff at the Austin Marriott North at Round Rock. In no event shall any non -hotel related food or beverage service provider be permitted to supply food on hotel property. LIQUOR LICENSE Round Rock Fire Department understands that Hotel's liquor license requires that Hotel employees or hotel bartenders only dispense beverages. Alcoholic beverage service may be denied to those guests who appear to be intoxicated or are under age. IN-HOUSE EQUIPMENT Hotel will provide, at no charge, a reasonable amount of meeting equipment (for example, chairs, tables, chalkboards, etc). These complimentary arrangements do not include special setups or extraordinary formats that would deplete Hotel's present in- house equipment to the point of requiring rental of an additional supply to accommodate Round Rock Fire Department Banquet Contract Date: Wednesday, July 18, 2012 4 of 8 Round Rock Fire Department's needs. If such special setups or extraordinary formats are requested, Hotel will present Round Rock Fire Department two (2) alternatives: (1) charging Round Rock Fire Department the rental cost for additional equipment, or (2) changing the extraordinary setup to a standard format, avoiding the additional cost. SECURITY Should Round Rock Fire Department require security, the Hotel will assist in making these arrangements. EXCLUSIONS TO CONTRACT The performance of this Agreement is subject to any circumstances beyond control making it impossible to provide or use the Austin Marriott North at Round Rock facilities, including acts of God, war, local natural disaster, civil disorder, or grounding of any airline transportation facilities. In the event that an exemption must be implemented the Austin Marriott North at Round Rock must give final approval. USE OF OUTSIDE VENDORS If Round Rock Fire Department wishes to hire outside vendors to provide any goods or services at Hotel during the Event, Hotel may, in its sole discretion, require that such vendor provide Hotel, in form and amount reasonably satisfactory to Hotel, an indemnification agreement and proof of adequate insurance. TAX EXEMPTIONS If Round Rock Fire Department maintains tax exempt status, Round Rock Fire Department must provide Hotel with a valid tax exemption certificate(s) in order to be exempt from tax charges. Copies of the original exemption certificate issued by the State Comptroller's Office are the only forms considered valid. Questions or disputes about tax exemption status are to be resolved by Round Rock Fire Department directly with the State Comptroller's office. Round Rock Fire Department Banquet Contract Date: Wednesday, July 18, 2012 5 of 8 ORGANIZATION: CONTACT: JOB TITLE: ADDRESS: PHONE NUMBER: FAX NUMBER: NAME OF EVENT: OFFICIAL PROGRAM DATES: Round Rock Fire Department Mr. Rob Eggeling Captain 2919 Joe DiMaggio Way Round Rock, Texas 78665 512-560-7032 reggeling@roundrocktexas.gov Round Rock Fire Department Banquet October 13, 2012 - October 14, 2012 ACCEPTANCE Prior to execution by both parties, this document represents an offer by the Hotel. Unless the Hotel otherwise notifies Round Rock Fire Department at any time prior to Round Rock Fire Department's execution of this document, the outlined format and dates will be held by the Hotel for Round Rock Fire Department on a first -option basis until July 30, 2012. If Round Rock Fire Department cannot make a commitment prior to that date the arrangements will be released, in which case neither party will have any further obligations. Upon receipt by Hotel of a fully executed version of this Agreement prior to July 30, 2012, or upon Hotel's acceptance of a fully executed version of this Agreement after such date, it will be placed on a definite basis and will be binding upon Hotel and Round Rock Fire Department. Hotel and Round Rock Fire Department have agreed to and have executed this Agreement by their authorized representatives as of the dates indicated below. SIGNATURES Approved and authorized by Round Rock Fire Department: Name: (Print) Title: (Print) Signature: Date: moi:: �= i�%�•/ tVi2 h10YWD' 1'vl ger /�-•, Approved and authorized by the Austin Marriott North at Round Rock Hotel: 2600 La Frontera Boulevard Round Rock, TX 78681 512-733-6767 512-634-4619 (fax) Signature: Kristen Cep Sales and Catering Account Manager July 18, 2012 Round Rock Fire Department Banquet Contract Date: Wednesday, July 18, 2012 6 of 8 »,a rri oII. AUSTIN NORTH Round Rock Fire Department Banquet TERMS AND CONDITIONS OF THIS AGREEMENT 1. The number of guests stated in this agreement is subject to adjustment by Organization until three business days prior to the date of the affair. Unless Organization notifies Hotel at least three business days prior to the date of the affair of an adjustment in the number of guests, payment for at least the guaranteed number of guests will be required. In the event that the attendance exceeds the guaranteed minimum, the Hotel will make every reasonable effort to accommodate the extra number of guests with same or comparable arrangements. 1. All banquet checks must be signed by the person in charge or a designated representative at the completion of each function. Any discrepancies in counts or charges should be identified and resolved at that time. 2. All catering functions are subject to service (gratuity) charges and applicable state and local taxes. 3. A deposit is required for all catering functions unless prior credit/payment arrangements have been established with the Hotel. 4. Notification of cancellation of a scheduled function must be provided to Hotel in writing. Should a cancellation occur after signing of the Terris and Conditions, the hotel reserves the right to assess organization 70% of the projected Food and Beverage revenue and Meeting Room rental listed. Cancellation charges are due at the time of cancellation. All deposits are non-refundable and will be applied toward the cancellation charges. If a function is cancelled within 72 hours of event date, full charges as listed on the Banquet Event Order will apply. 5. In order for Hotel to satisfy all of its guests, no affair will be permitted to exceed the time specified without Hotel's prior approval. 6. Final menu selections should be submitted two weeks prior to the function to insure the availability of the desired menu items. 7. Organization must obtain prior approval from Hotel for all activities, which are planned for the affair. The premises shall be used only for those approved activities. Organization agrees to assist Hotel in prohibiting any violation of this provision if Hotel deems it necessary. 8. In order for Hotel to maintain its standards of providing a quality product, no food and/or beverage other than that provided by Hotel may be brought into the premises. 9. The Hotel may request that the customer obtain and pay for bonded security personnel when valuable merchandise or exhibits are displayed or held overnight in the hotel. However, even if such request is NOT made by the Hotel, the limitations of liability set forth below shall remain applicable. 10. The customer is responsible for the arrangements and all expenses of shipping materials, merchandise, exhibits, or any other items (collectively whether or not owned by the customer, the "Customer Property") to and from the Hotel. The customer acknowledges that it is exclusively responsible for any loss or damage to any items of Customer Property, however caused or whenever arising. The Hotel must be notified in advance of shipping arrangements to insure proper acceptance of Customer Property upon arrival at the Hotel. Customer Property, used in conjunction with said function may not arrive at hotel prior to (5) days before agreed date of function. Excessive shipment may be subject to a handling fee. Customer agrees to arrange for shipping of all excess Customer Property within (2) days proceeding function. The Customer and the Hotel agree that the Hotel is not an insurer of the Customer Property (even to the extent the Hotel takes possession, control or custody of such property) and, if the Customer ships or authorizes any third party to ship or otherwise deliver Customer Property to the Hotel. Customer waives any claim against the Hotel for any loss, damage, or destruction of any such Customer Property. The parties agree that the term "Customer Property" shall be broadly interpreted to include not only any items of personal property that are shipped by the Customer or anyone acting (or purporting to act) on behalf of or for the benefit of the Customer to the Hotel, but also any personal property of any family member, employee, agent or representative of the Customer whether or not such Customer Property is used in connection with any function conducted by the Customer at the Hotel. The parties intend that the Hotel shall not incur any liability, cost or expense as a result of its acceptance of any items of Customer Property whether or not such Customer Property is received and/or accepted by the Hotel. Round Rock Fire Department Banquet Contract Date: Wednesday, July 18, 2012 7 of 8 11. The Hotel is not responsible for damage to or loss of any items (Customer Property) left in the Hotel prior to, during or following any function. To the extent that the Hotel is deemed to have possession, custody or control of any Customer Property and the waivers of liability granted to the Hotel are deemed for whatever reason or reasons not to be enforceable, under no circumstances shall the liability of the Hotel for any Customer Property exceed the sum of $1,000.00. 12. The Hotel reserves the right to move functions to other meeting/banquet rooms other than those appearing on the catering contract without prior notification. 13. Organization will be responsible for any damage or loss to the premises, the building or Hotel's equipment, decoration or fixtures, due to the activities of the guests. Hotel will be held harmless by Organization for any loss of or damage to any property of any third party. If the affair is held on any premises other than Hotel's premises, Hotel will not be responsible for any loss or damage to any property where Hotel is not negligent. 14. The person executing this Agreement as Organization's representative expressly represents that he or she is over eighteen (18) years of age. Where Organization is a corporation, an unincorporated association, partnership or other legal entity, this Agreement shall be binding on such legal entity, its successors and assigns. The person executing this Agreement as Organization's representative expressly represents that he or she is authorized to execute said Agreement on behalf of Organization. 15. All prices are subject to change with notification when possible. 16. Scotch tape may not be used on equipment, walls or ceilings. No electrical equipment or extension cords may be used without Hotel's prior approval. 17. Flammable substances are not permitted in the building or on the premises. 18. If alcoholic beverages are being served, the applicable liquor laws must be observed. The Hotel reserves the right to deny service to individuals who appear intoxicated or are under the legal drinking age. 19. The room divider walls are of substantial quality and will provide privacy for the affair. Due to electronic amplification capabilities, occasionally it is necessary to require speakers and bands to stay within certain volume limits. Hotel reserves the right to make any decision that will insure unnecessary interference into any other banquet room. It is important that we respect the privacy rights of all our patrons. 20. Hotel's obligations under this agreement are contingent upon Hotel's ability to perform and accordingly are subject to labor disputes or strikes, restrictions upon travel or acts of God or any circumstances beyond the control of Hotel which prevents Hotel from performing its obligations. Hotel will in good faith provide all items and services agreed upon, but reserves the right to make substitution with similar item or service for any item or service not readily available in the open market with the prior consent of Organization, and at a reasonable price. Hotel's primary objective is to insure that the customer is satisfied and that Hotel will be considered for future functions based upon its performance of this Agreement. 21. To guarantee rates quoted, the availability of sleeping rooms requested, and all other terms outlined in this Agreement, this contract must be signed and returned by authorized representative by June 22, 2012, or Hotel reserves the right to release the guest rooms and function space held. 22. If meeting set changes within (24) hours of event, Hotel reserves right to impose an additional labor charge. 1 have read and understand the above said terms and condition of this agreement: CLIENT SIGN DATE Round Rock Fire Department Banquet Contract Date: Wednesday, July 18, 2012 8 of 8 Kri�ten�Ce ak DATE