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
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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
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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
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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
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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
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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:
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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
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»,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
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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
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DATE