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CM-2016-1279 - 12/5/2016I GROI'P SALES AGREEMENT DESCRIPTION OF GROUP AND EVENT The following represents an agreement between Austin Marriott North, 2600 La Frontera Boulevard, Round Rock, TX, 78681, (512) 733-6767 and Round Rock Fire Department / City of Round Rock. ORGANIZATION: CONTACT: Name: Street Address: City, State, Postal Code Country: Phone Number: E-mail Address: NAME OF EVENT: REFERENCE #: OFFICIAL PROGRAM DATES: Round Rock Fire Department / City of Round Rock Chris Barnes 203 Commerce Blvd. Round Rock, TX USA (512)218-5590 cbames@roundrocktexas.gov Round Rock Fire Department January2017 M-6AZ9B28 Saturday, 01/14/2017 FUNCTION INFORMATION AGENDA/EVENT AGENDA Based on the requirements outlined by Round Rock Fire Department, the Hotel has reserved the function space set forth on the below Function Information Agenda/Event Agenda. Date Day Sta rt a End Ti a Function Type Setup De# Ie Rental Related Events $5,000++ No less than rental fee 01/14/2017 Sat 5:00 PM 10:00 PM Dinner Rounds of 10 waived if Awards Banquet 200+ minimum met All meeting room, food and beverage, and related services are subject to service charge (currently 21%) and applicable taxes (currently 8.25%) in effect on the date(s) of the event. CANCELLATION The hotel is relying upon Round Rock Fire Department's usage of the agreed upon Total Room Nights and the food and beverage functions outlined in the Function Information Agenda. 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 and/or Function Information Agenda (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 harmed. If a Cancellation occurs, the parties agree that: (a) It would be difficult to determine Hotel's actual harm. (b) 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. (c) The highest dollar 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 space and functions. 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. Page 1 of 4 MARRIOTT CONFIDENTIAL AND PROPRIETARY INFORMATION CM-aCoe -lz S% Version wsfl.0 Date of Cancellation Amount of Liquidated Damages Due Date of Agreement to 91 days prior 25% of Total Room and Function Revenue* From 61 days to 90 days prior 50% of Total Room and Function Revenue* From 31 days to 60 days prior 65% of Total Room and Function Revenue* From 30 days to arrival date 75% of Total Room and Function Revenue* Provided that Round Rock Fire Department timely notifies Hotel of the Cancellation and timely pays the above liquidated damages, Hotel agrees not to seek additional damages from Round Rock Fire Department relating to the Cancellation. ADVANCE PAYMENT SCHEDULE The payment schedule for your Event is outlined below: Deposit/Payment Amount Time Frame $1,000 Non-refundable Advanced Deposit At time of signed agreement 100% of estimated revenues [301days prior to event Remaining estimated balance [3] days prior to event DAMAGETO FUNCTION SPACE Round Rock Fire Department agrees to pay for any damage to the function space that occurs while Round Rock Fire Department is using it. Round Rock Fire 1.)epartnient will not be responsible, however, for ordinary wear and tear or for damage that it can show was caused by persons other than Round Rock Fire Department and its attendees. FACILITY SERVICE FEES Based on Round Rock Fire Department's requirements, Hotel's function space fees would be $10,000, Baseduponthe Room Night ("Zonunitment and the functions identified on the Function Information Agenda/Event Agenda outlined in this Ew" nalis — applicable FOOD AND BEVERAGE menu selections are made with your Catering and Sales Account Manager, All prices are subject to change without notification. Final menu selections should be submitted two weeks prior to the function to ensure the availabilitY of the desired menu items. For a complete detailjL�g of our menus visit our website: The hotel has estimated your total Food and Beverage charges to be $5,000.00 not including service charge and tax. We have blocked sufficient space for your event as we understand them. Round Rock Fire Department must achieve 100% of the estimated food and beverage above, or the difference will be applied as additional meeting room rental. F IFNI i 111 11111,111 OWN T= Ur contracted amount. The hotel reserves the right to re -assign function space based on the final guarantee or the sole interest of the hotel. provided by the Hotel may bebrought onto the premises, Should Round Rock Fire Department bring any outside tb7 ]odl beverage into Hotel meeting space without prior written approval. from Hotel Management, a $250.00 penalty will be as s e swd. All meeting room, food and beverage, and related services are subject to service charge (currently 21 %) and applicable taxes (currently 8.25%) in effect on the date(s) of the event. Page 2 of 4 Version wsfl .0 MARRIOTT CONFIDE,NTIAL AND PROPRIETARY INFORMATION OUTSIDE FOOD AND BEVERAGE POLICY All food and beverages served at functions associated with the Event must be provided, prepared, and served by Hotel, and must be consumed on Hotel premises. IMPOSSIBILITY The performance of this Agreement is subject to termination without liability upon the occurrence of any circumstance beyond the control of either party — such as acts of God, war, government regulations, disaster, strikes (except those involving the employees or agents of the party seeking the protection of this clause), civil disorder, or curtailment of transportation facilities — to the extent that such circumstance makes it illegal or impossible to provide or use the Hotel facilities. The ability to terminate this Agreement without liability pursuant to this paragraph is conditioned upon delivery of written notice to the other party setting forth the basis for such termination as soon as reasonably practical — but in no event longer than ten (10) days — after learning of such basis. 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. LIQUOR LICENSE Round Rock Fire Department 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. UNATTENDED ITEMS/ADDITIONAL SECURITY The Hotel cannot ensure the security of items left unattended in function rooms. Special arrangements may be made with the Hotel for securing a limited number of valuable items. If Round Rock Fire Department requires additional security with respect to such items or for any other reason, the Hotel will assist in making these arrangements. All security personnel to be utilized during the Event are subject to Hotel 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) by December 1, 2016 in order to be exempt from tax charges. Group acknowledges that individual attendees do not qualify for tax exemptions. REWARDS PROGRAM - REWARDING EVENTS Approximately (I0) business days after the conclusion of the Event (provided that the Event is not cancelled and Round Rock Fire Department has otherwise complied with the material terms and conditions of this Agreement), the Hotel will either award Points or submit an award for airline miles to the Member(s) identified below: Rewarding Events program is not available in certain circumstances, including (I) for any government employee or official booking a government event (U.S. government event or non -U.S. government event); (2) for any employee of a state-owned or state-controlled entity ("SOE") booking an event on behalf of the SOE; or (3) for any other planner or intermediary when booking an event on behalf of a non -U.S. governmental entity or SOE. GROUP MUST CHECK ONE OPTION BELOW: ❑ The Contact (as identified on page 1 of this Agreement or the Authorized Signer of this Agreement) is eligible to receive Rewarding Events Points or airline miles. Member Name Marriott Rewards Program Member Number Member Email Address *If airline miles are desired instead of Rewarding Events Points, please also provide: Page 3 of 4 Version wsfL0 MARRIOTT CONFIDENTIAL AND PROPRIETARY INFORMATION Frequent flier airline miles account number Airline Name OR ❑ The Contact (as identified on page 1 of this Agreement or the Authorized Signer of this Agreement) declines or is not eligible to receive Rewarding Events Points or airline miles and hereby waives the right to receive an award of Points or airline miles in connection with the Event. The number of Points or airline miles to be awarded shall be determined pursuant to the Rewards Program Terms and Conditions, as in effect at the time of award. The Rewards Program Terms and Conditions are available on-line at marriottrewards.com, and may be changed at the sole discretion of the Rewards Program at any time and without notice. The individual(s) identified above to receive either Points or airline miles may not be changed without such individual(s)' prior written consent. By inserting the airline mileage account information, the recipient elects to receive airline miles rather than Points. All Rewards Program Terms and Conditions apply. ACCEPTANCE When presented by the Hotel to Round Rock Fire Department, this document is an invitation by the Hotel to Round Rock Fire Department to make an offer. Upon signature by Round Rock Fire Department, this document will be an offer by Round Rock Fire Department. Only upon signature of this document by all parties will this document constitute a binding agreement. 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 April 29, 2016. If Round Rock Fire Department cannot make a commitment prior to that date, this invitation to offer will revert to a second -option basis or, at the Hotel's option, the arrangements will be released, in which case neither party will have any further obligations. Upon signature by both parties, Round Rock Fire Department / City of Round Rock and the Hotel shall have agreed to and executed this Agreement by their authorized representatives as of the dates indicated below. SIGNATURES Approved and authorized by City of Round Rock. Name: (Print) L4WSignature Title: (Print) �" Date: Approved and authorized by Hotel: Name: (Print) Nicole Green Signature: Title: (Print) EM/Catering Sales Manager Date: Page 4 of 4 • ...w rw^µ'" r MARRIOTT CONFIDENTIAL AND PROPRIETARY INFORMATION Version wsf1.0