Item Q4Q.4
BOARD OF COUNTY COMMISSIONERS
C ounty of M onroe
Mayor David Rice, District 4
Mayor Pro Tem Sylvia J. Murphy, District 5
TheFloridaKeys
Danny L. Kolhage, District 1
George Neugent, District 2
Heather Carruthers, District 3
County Commission Meeting
November 20, 2018
Agenda Item Number: Q.4
Agenda Item Summary #4935
BULK ITEM: Yes DEPARTMENT: Sustainability
TIME APPROXIMATE: STAFF CONTACT: Rhonda Haag (305) 453-8774
TBD - Need a time
AGENDA ITEM WORDING: Approval to enter into a contract with Casa Marina Owner, LLC
d/b/a Casa Marina, A Waldorf Astoria Resort, for conference hosting and implementation services
for the 11th Annual Southeast Florida Regional Climate Change Summit to be held in Key West on
December 3-5, 2019 in the amount of $175,500. The Summit is being hosted by Monroe County on
behalf of the Southeast Florida Regional Climate Change Compact, a four-county partnership
created for the purpose of collaborative planning and implementation of adaptation and mitigation
strategies related to climate change.
ITEM BACKGROUND: The Summit is hosted by Monroe County every four years on behalf of
the Southeast Florida Regional Climate Change Compact, a four-county partnership created for the
purpose of collaborative planning and implementation of adaptation and mitigation strategies related
to climate change. It is expected that at least 400 persons will attend the Summit. By hosting this
Summit, Monroe County hopes to continue to educate various agency staff, stakeholders, elected
officials, and media representatives from the surrounding about the potential effects of climate
change, and also to continue to move the goals and projects of the Compact forward.
The Casa Marina was used as the host hotel by the County for the 2015 Climate Summit, which
received high reviews by the attendees. The Casa is providing the guest rooms at discounted rates for
the summit attendees (to be paid for by the guests), food and beverage (to be paid for by the County
through registration fees and sponsorships) and other services like audio visual (that may be paid for
with budgeted County funds if necessary). The Casa has waived or reduced many normal fees and
revenue guarantees in an effort to cooperate with the County for this event. The Contract provides
for a minimum of $155,000 in revenue to the Casa Marina for food and beverage, service charges,
gratuity fees and related services to be paid by the County. It also provides a minimum of other
expenses such as audio visual and room set up and tear down fees for $20,500.
A $1,000 deposit is due upon execution of the agreement, which will be paid only using sponsorship
fees paid to the County. The remainder of the food and beverage payment is due to the Casa two
weeks prior to the event, to provide funding for purchase of food and beverage. Payment for this will
also be made using only sponsorship or registration fees.
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Q.4
The County has a FY19 budget of $50,000 for Summit Expenses. A significant source of funds will
be raised through event sponsorships and summit registrations to date to help defray the costs of the
event. All sponsor and registration fees will be first used for the food and beverage at the Casa.
Budgeted funds may be used for audio visual services at the Casa, conference planning services and
other related event services.
PREVIOUS RELEVANT BOCC ACTION:
April 8, 2015: Approval to ratify an Agreement signed by the Deputy County Administrator with
Casa Operating Lessee Inc., d/b/a Casa Marina, A Waldorf Astoria Resort, for conference hosting
and implementation services for the 7th Annual Southeast Florida Regional Climate Change Summit
to be held in Key West on December 2-3, 2015. The Summit is being hosted by Monroe County on
behalf of the Southeast Florida Regional Climate Change Compact, a four-county partnership
created for the purpose of collaborative planning and implementation of adaptation and mitigation
strategies related to climate change.
11/21/2015: Approval to enter in Amendment No. 1 with a contract with Casa Operating Lessee Inc.,
d/b/a Casa Marina, A Waldorf Astoria Resort, for conference hosting and implementation services
for the 7th Annual Southeast Florida Regional Climate Change Summit to be held in Key West on
December 2-3, 2015. The Summit is being hosted by Monroe County on behalf of the Southeast
Florida Regional Climate Change Compact, a four-county partnership created for the purpose of
collaborative planning and implementation of adaptation and mitigation strategies related to climate
change.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Contract_Monroe County - Climate Change Summit_Dec 2019 (5)
FINANCIAL IMPACT:
Effective Date: November 20, 2018 Expiration Date:
Total Dollar Value of Contract: $175,500 Total Cost to County: Estimated $0
Current Year Portion: Est. $0 Budgeted: Yes $50,000
Source of Funds: Sponsorship funds and Registration Fees to be collected
CPI: No Indirect Costs: N/A
Estimated Ongoing Costs Not Included in above dollar amounts: N/A
Revenue Producing: No If yes, amount:
Grant: No County Match: N/A
Insurance Required: Yes
Additional Details:
County Funds are not anticipated to be used for this contract.
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Q.4
REVIEWED BY:
Rhonda Haag Completed 11/05/2018 2:09 PM
Pedro Mercado Completed 11/05/2018 2:14 PM
Budget and Finance Completed 11/05/2018 2:30 PM
Maria Slavik Completed 11/05/2018 2:34 PM
Kathy Peters Completed 11/05/2018 2:53 PM
Board of County Commissioners Pending 11/20/2018 9:00 AM
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QUICK CONFIRMATION AGREEMENT
Casa Marina, A Waldorf Astoria Resort
1500 Reynolds Street | Key West, FL 33040
This Quick Confirmation Agreement Monroe County Florida or 11th Annual Regional Climate Change
Summit Casa Marina Owner, LLC ("Owner") d/b/a Casa Marina, A Waldorf Astoria Resort
Especially Prepared for: Event & Hotel Information:
11th Annual Regional Climate Change
Group Contact:
Ms. Rhonda Haag
Summit
Title: Director Sustainability & Projects Date(s) of Event: December 3-6, 2019
Post to Reader Board
11th Annual Regional Climate Change
Company Name:
Monroe County Florida
As: Summit
Address: Hotel Contact:
102050 Overseas Highway Suite 246 Tracy Blough
City, State, Zip: Title:
Key Largo, FL 33037 Senior Sales Manager
Phone: 305-453-8774 Phone: (954) 626-0422
Email: Email:
Haag-Rhonda@MonroeCounty-FL.gov tracy.blough@waldorfastoria.com
Room Block and Rates: Hotel is pleased to confirm the following negotiated group room rates:
Room Type Sun, Mon, Tue, Wed, Thu, Fri, TOTAL
12/01/19 12/02/19 12/03/19 12/04/19 12/05/19 12/06/19
Staff Room 0 0 10 10 0 0 20
Standard Room 3 40 116 116 2 2 279
53
Historic Flagler Ocean 1 0 24 24 2 2
View- no Balcony
120
Ocean View w/Balcony 0 0 50 50 10 10
TOTAL 4 40 200 200 14 14 472
Room Type Single Rate Double Rate
Staff Room $ 169.00 $ 169.00
Standard Room $ 249.00 $ 249.00
Historic Flagler Ocean View- no Balcony $ 289.00 $ 289.00
Ocean View w/Balcony King $ 319.00 $ 319.00
Ocean View w/Balcony Double $ 299.00 $ 299.00
Ocean View w/Lanai King $ 299.00 $ 299.00
Ocean View w/Lanai Double $ 299.00 $ 299.00
TOTAL SLEEPING ROOM NIGHTS RESERVED: 472 TOTAL ANTICIPATED SLEEPING ROOM REVENUE: $126,448.00
are net, non-commissionable and are quoted exclusive of applicable state and local
taxes, fees and assessments.
Resort Charge: Sleeping room rates are quoted exclusive of applicable resort charge. Therefore, in addition to the sleeping room rates set forth in this
Agreement, there will be a daily resort charge, currently $40.00; REDUCED to $15.00 for Group per room, per night, plus applicable state and local
tax, which will be posted to all guest rooms to cover the following:
Resort access & transportation between The Reach and Casa Marina, Waldorf Astoria resorts (based upon availability)
Casa Marina recreation activities: Volleyball, Table tennis, corn hole, hammocks and featuring the largest beach resort in Key West
The Reach Recreation Activities: Life size chess, bocce ball, hammocks and featuring the largest natural sand beach with direct
ocean entry in Key West
Beach and pool lounge chairs with umbrellas
Poolside delighters including cold eucalyptus towel and popsicles
Hydration stations
Wireless internet access
Business center access
Fitness center access
Local & domestic long distance phone calls
(2) In room bottles of water daily
In-room espresso
Amenities and Services included in the Resort Charge are subject to change.
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Schedule of Events and Function Space Charges:
Date Start Time End Time Function Room Setup Agr Room
Rental
Mon, 12/2/19 9:00 AM 5:00 PM Office Marlin 345 Office 10
Tue, 12/3/19 8:00 AM 5:45 PM Setup Flaglers Ballroom Exhibition - Table Top 25
Tue, 12/3/19 9:00 AM 5:00 PM Office Marlin 345 Office 10
Tue, 12/3/19 12:00 PM 7:30 PM Registration Lobby Veranda Registration 4
Tue, 12/3/19 1:00 PM 5:45 PM Meeting Keys Ballroom Theater 300
Tue, 12/3/19 2:30 PM 2:45 PM Break Flaglers Patio 300
Tue, 12/3/19 5:45 PM 7:30 PM Reception Stations Flaglers Ballroom & Patio Exhibition - Table Top 300
Wed, 12/4/19 7:30 AM 8:15 AM Continental Breakfast Flaglers Patio Round Tables of 12 300
Wed, 12/4/19 7:30 AM 8:15 AM Continental Breakfast Flaglers Patio Round Tables of 12 150
Wed, 12/4/19 7:30 AM 5:30 PM Exhibition/Trade Show Flaglers Ballroom Exhibition - Table Top 20
Wed, 12/4/19 8:15 AM 5:30 PM Meeting Keys Ballroom Theater 450
Wed, 12/4/19 9:00 AM 5:00 PM Registration Lobby Veranda Registration 4
Wed, 12/4/19 9:00 AM 5:00 PM Office Tarpon 245 Office 10
Wed, 12/4/19 9:00 AM 5:00 PM Office Marlin 345 Office 10
Wed, 12/4/19 9:30 AM 9:45 AM Break Flaglers Patio 150
Wed, 12/4/19 9:30 AM 9:45 AM Break Flaglers Br/Patio/Bar 300
Wed, 12/4/19 12:00 PM 1:15 PM Lunch Buffet Flaglers Patio Round Tables of 10 150
Wed, 12/4/19 12:00 PM 1:15 PM Lunch Buffet Flaglers Patio Round Tables of 10 300
Wed, 12/4/19 3:15 PM 3:30 PM Break Flaglers Patio 300
Wed, 12/4/19 3:15 PM 3:30 PM Break Flaglers Patio 150
Wed, 12/4/19 5:30 PM 10:30 PM Reception Drinks Flaglers Ballroom & Patio Exhibition - Table Top 400
Wed, 12/4/19 6:30 PM 10:30 PM Dinner Buffet Flaglers Ballroom Round Tables of 10 400 $ 500.00
Thu, 12/5/19 7:30 AM 8:00 AM Continental Breakfast Flaglers Ballroom 300
Thu, 12/5/19 7:30 AM 8:00 AM Continental Breakfast Flaglers Patio 150
Thu, 12/5/19 7:30 AM 9:00 AM Registration Lobby Veranda Registration 4
Thu, 12/5/19 8:00 AM 12:00 PM Exhibition/Trade Show Flaglers Ballroom Exhibition - Table Top 20
Thu, 12/5/19 8:00 AM 1:00 PM Meeting Keys Ballroom Theater 450
Thu, 12/5/19 9:00 AM 10:15 AM Exhibition/Trade Show Flaglers Ballroom Exhibition - Table Top 20
Thu, 12/5/19 9:00 AM 1:00 PM Office Tarpon 245 Office 10
Thu, 12/5/19 9:00 AM 1:00 PM Office Marlin 345 Office 10
Thu, 12/5/19 9:55 AM 10:15 AM Break Keys Ballroom Patio 300
Thu, 12/5/19 9:55 AM 10:15 AM Break Flaglers Patio 150
Thu, 12/5/19 10:15 AM 12:15 PM Teardown Flaglers Ballroom
Subject to change without notice.
Group agrees to confirm with Hotel the assigned function space before printing any materials listing specific meeting or function locations.
Outdoor Functions: All outdoor functions scheduled at the Casa Marina and/or The Reach Resorts with a backup location are subject to final
weather decision by 12:00 noon on the day of the function. . The Hotel
Management will make this decision in the best interest of a successful event for the convention group. Music / Entertainment for outdoor
functions must conclude by 11:00 PM per the City of Key West Noise Ordinance. All beverages consumed at outside locations, including wine,
will be served in non-breakable plastic ware. No glassware of any kind is permitted at outside locations.
Depending on the time of year and scheduled time of the event, there could be costs incurred for lighting. Please check with your Event Manager for
details and requirements.
Expositions/Exhibits: Arrangements must be coordinated in advance with your CSM.
Gratuity & Service Charge
Master Account. Currently, the combined charge is equal to 24% of the food and beverage total, plus any applicable state and/or local taxes. A
portion of this combined charge (currently 13%) is a gratuity and will be fully distributed to servers, and where applicable, bussers and/or
bartenders assigned to the Event. The remainder of the combined charge (currently 11%) is a service charge that is not a gratuity and is the
Event of any increases to the combined charge should different gratuity and/or Event.
Audio Visual Services: The Casa Marina Resort & The Reach Resort maintain a full service, on-site audiovisual production company through
Presentation Services PSAV. The Hotel recognizes that certain guests/clients may elect to bring in a third party supplier of audiovisual services
-are
followed and a copy of these guidelines are signed by the guest/client and the Third-Party Supplier and provided to the Hotel at least 45 days
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Q.4.a
prior to the event. These guidelines have been developed to ensure the utmost safety and care for all guests of the Hotel and the Hotel
premises, and to uphold a level of service and quality that is necessary to ensure a successful event.
A. All third party vendors planning to do audiovisual work within our facility must contact Presentation Services and the facility no less
than 45 days prior to their load in. Presentation Services and the facility will advise these companies of the provisions that must be
met and assist in assuring that your function runs smoothly.
B. All Audio Visual Sales incentives offered by the hotel will be extended if and only if Presentation Services is the primary audio-visual
provider for the event. If Presentation Services is not selected as the primary audio-visual provider, all such sales incentives will
become null and void, and prevailing rates will apply to any and all services provided by Presentation Services.
C. The group will be charged 20% of the resorts prevailing audio visual rates, plus tax and 24% service charge, if companies other than
to supply audio visual services.
Load In/Load Out Supervisor
All production companies working in the Casa Marina Resort must hire a load in/load out supervisor through our in house audio visual
company, Presentation Services. This PSAV technician will supervise the setup and strike to ensure the hotel's policies and
procedures are followed. A minimum of $500.00 for set up and minimum of $500.00 for tear down will be charged during normal
business hours. There may be additional fees for PSAV technician supervision outside of normal business hours.
The Third-Party Supplier is required to provide to Presentation Services a complete schedule of events at least 7 days before load-in
including the date and time of load-in and load-out, times of amplified audio reproduction, power tie-in/disconnect schedule and "dark
room" schedules.
Summary of Revenue Anticipated by Hotel from this Agreement:
er concessions in
this Agreement based upon the total revenue contracted, as well as additional revenue from providing additional services to G
attendees at additional charge. Any requests for additional sleeping rooms, meeting rooms, function space and/or food and beverage to be
added after Agreement signing will be subject to availability, and agreed upon changes would be confirmed in a written amendment to this
Agreement signed by both parties.
Summary of Revenue Anticipated by Hotel from this Agreement
Total Anticipated Sleeping Room Revenue : $126,448.00
Total Anticipated Banquet Food and Beverage Revenue: Inclusive of gratuities, service charges, $155,000.00
supplemental surcharges, applicable federal, state or local taxes or any other fees outside of food and beverage product sales.
Total Anticipated Audio Visual Charges: $20,000.00
Total Anticipated Meeting Room Rental Fees: $500.00
Estimated Total Resort Charge: $7,080.00
$309,028.00
Taxes: Group agrees to pay any and all applicable federal, state, municipal or other taxes, fees, or assessments imposed on or applicable to
7.5%, and the hotel occupancy tax rate is 5% (subject to change without notice). Hotel will honor
any available tax exemptions for which Group qualifies, provided that Group properly completes and timely provides all documentation required
by the applicable jurisdiction to substantiate the exemption.
Group is responsible for
separate and distinct from the negotiated group room rate(s) and applicable taxes. Should any attendee object to paying a mandatory daily fee
\[such as a daily resort fee and taxes (if any)\] on the basis of inadequate notice of the fee by the Group, the fees to which such guest objects
Additional Concessions: Please advise
ssions. If
Group elects to pay for unearned concessions, Group agrees that Group will pay all applicable labor charges, state and local taxes, gratuity
and/or service charges on all concessions provided.
Item Retail Units/ Duration Concession Total Retail Savings
Value Quantity Value
per Unit
Reduced Resort Fee $40.00 472 Program Dates Reduced to $15.00 $18,880 $11,800.00
Ten (10) Staff Rooms $249.00 20 Program Dates Reduced to $169.00 $4,980.00 $1,600.00
Reduced Banquet Food Pricing Program Dates 10% Food discount off 2019
Banquet Menus
Food Discount: Hotel will extend a 10% discount off December/2019 published banquet food prices. If for any reason Group does not provide
the Hotel with final menu selections, final agendas, and detailed daily room set specifications at least forty-five (45) days prior to the first day of
the Event (the -Off Date ineligible to receive any food and beverage discount.
guaranteed expenditure of a minimum of $155,000.00 in banquet food and beverage, excluding taxes, gratuities and service charges. If Group
requests customized menus or other discounted food and beverage options for any/all events, the discount will not apply in addition to the
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special pricing. Discount does not apply to service charge or gratuity, which will be charged based on published retail price. Requests for
additional labor, sub-contracted equipment, décor, early/late or extended serve times will be the responsibility of the Group and will not be
discounted.
Option Dates: These arrangements are being held on a first option basis until Tuesday, November 20, 2018
However, should other business opportunities arise such that Hotel is in a position to confirm immediately, Group will be advised and given 24
hours greement on a definite basis by returning a signed copy
responsibility to notify Hotel if Group needs to request an extens
Agreement by November 21, 2018
hold the arrangements, or may review
Additional Terms and Conditions: By signing where indicated below, Group is agreeing that in addition to the terms and conditions of this
Agreement as outlined herein, this Agreement is also comprised of all the general terms and conditions set forth in the Quick Confirmation
Agreement Additional Terms and Conditions (collectively, the "Additional Terms and Conditions") located on the following web site:
http://hiltondistribution.com/quick-confirmation/addlterms.htm.
Entire Agreement: This Agreement, together with the Standard Terms and Conditions (attached hereto and incorporated herein by
reference), the above-referenced Additional Terms and Conditions, appendices, addenda and exhibits attached hereto (if any), upon
signature by both parties below, constitutes the entire agreement between the parties and may not be amended or changed unless done so in
writing and signed by the parties. This Agreement will become a binding commitment upon signature by both Group and Hotel (even if signed
after the Option Period). If for any reason this Agreement is returned signed by Group but with changes, it shall not constitute an acceptance,
The undersigned expressly agree and warrant that they are authorized to sign and enter into this Agreement on behalf of the party for which
they sign.
ACCEPTED AND AGREED TO:
GROUP: HOTEL: Casa Marina Owner, LLC
d/b/a Casa Marina, A Waldorf Astoria Resort
By Waldorf=Astoria Management LLC, its Managing Agent
Monroe County Florida
By:
By:
Name: Tracy Blough, Senior Sales Manager
Name: Ms. Rhonda Haag, Director Sustainability & Projects
Dated:
Dated:
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STANDARD TERMS AND CONDITIONS
Method of Reservations: Reservations will be made:
RAPID!
Group an Excel template to creat-Off Date;
OR directly by the attendee via the Internet. Hotel has created a Reservations Group Code
OR directly with the Hotel room reservation department by calling our toll-free number 1-888-303-5717. In doing so, please ask your
attendees to request the negotiated convention/meeting rate for your Group or by the unique group code which will be supplied after executed
contract is received by hotel.
Cut-Off Date: In order to assign specific room typ
manner described below no later than Wednesday, October 2, 2019Cut-Off Date-Off Date,
the Hotel will continue to hold Group if Group pays for such rooms in
full at that time. If Group has not prepaid such rooms or guaranteed such rooms (but only if Group has established Master Account billing
o pay for unsold rooms in
nce were later
-Off Date will only be accepted based on availability of contracted room
Group will publish a 75-day cut-off, Tuesday, September 17, 2019.
Registration & Room Block Review: At least 90 days prior to arrival, Group will provide weekly updates to Hotel on their Registration
Attendance to help the Hotel determine whether the remaining room block pickup will be achieved. Should Hotel and Group determine the
Registration pace is falling behind, Hotel will have the opportunity to return rooms back into inventory for general sale.
Group will continue to promote rooms available on registration website and market e-blasts during the following timeframe:
75 days prior to arrival (Tuesday, September 17, 2019)
60 days prior to arrival (Wednesday, October 2, 2019
45 days prior to arrival (Friday, October 18, 2019)
30 days prior to arrival (Friday, November 1, 2019
Guest Payment Arrangements:
Room and tax and Resort Fee will be paid by individuals
Incidental charges will be paid by individuals, in which case these charges must be paid in full prior to the
credit being established upon check-in; OR
paid for by Group, such reservations will be considered guaranteed for the full length of stay unless the reservations are cancelled by Group or
the guest no later than 7 days in advance of arrival. Early departure
Individual Guest Deposits/Confirmation: To confirm a sleeping room within the Room Block, the sleeping room must be secured with a valid
credit card provided either by Group or the guest attending the Event, along with a first night's deposit, refundable up to 7 days in advance of
arrival. Checks and major credit cards are acceptable to establish prepayment. All credit cards used to prepay the room deposit may be
es may
ayments and deposits will either be
later paid for by
or. The Hotel will deduct any collected nonrefundable prepayment
fees from the amount Group may owe as sleeping room performance damages or cancellation damages (if applicable).
Bellman: Guest Discretion
Housekeeping: Guest Discretion
Storage/Handing fee: $10.00/package
Check-in: 4:00 PM
Check-out: 11:00 AM
Self-Parking $27.00/day
Valet Parking: $35.00/day
Amenities/Room Deliveries: $5.00/room Delivery Charge
Early Departure Fee: If a guest who has requested a room within the Room Block checks out prior to the guest's reserved checkout date, the
Hotel will add an early checkout fee to that guest's individual account (currently, $150.00. Guests wishing to avoid an early checkout fee should
advise the Hotel at or before check-in of any change in planned length of stay.
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Supplemental Surcharges
incurred by the Hotel in connection with additional equipment, administration, and staffing necessary for the Event. These surcharges will be
solely retained by the Hotel and are not distributed to hourly or tipped employees. Examples include, but are not limited to, early sets, set-up
charges, late end times, outdoor venues, resets, refreshes, cleaning and other services that require staffing above normal levels and/or services
outside of the normal scope contracted and paid products and services.
Banquet Services: Group has agreed to hold the food and beverage events set forth in the Schedule of Events, or to provide $155,000.00 in
total anticipated catered food and beverage revenue. The following mandatory timeline relates to final menus and program meal functions:
Given that food and beverage prices fluctuate in accordance with market conditions, menu prices for planned food and beverage
functions will be established not earlier than six (6) months prior to your Event. At that time, we will confirm in writing your menu
prices for your planned food and beverage functions.
In order to confirm meeting room assignments, no later than 90 days prior to your major arrival day, we require that you re-confirm
your programmed meal functions and anticipated number of attendees. At that time, we will re-confirm in writing your Schedule of
Events. After that date, the Hotel will release any meeting space in your Schedule of Events not assigned to a specific meeting or
function for your Group. We may continue to hold such meeting rooms if you advise us in writing that you will guarantee payment of
such meeting rooms to the Master Account. If you have not guaranteed such meeting rooms, you agree that Hotel may offer unused
meeting rooms held on your behalf to other customers.
At 90 days prior to your arrival date, we will review the number of requests for room assignments that have been made by your
attendees in order to compare your obligations herein with your actual likely performance. Should it appear at that time that the actual
number of attendees will fall below the attendance we expect based upon your reserved Room Block, the Hotel reserves the right to
assign alternate meeting space commensurate with your reduced space needs as indicated by your attendees' requests for room
assignments.
Your Event Manager will contact you at least thirty (30) days before your Event to review and re-confirm the details for your Event,
including menus, decorations, entertainment and beverage service. We require that your final menu selections and room set
specifications be completed and received at least thirty (30) days prior to your major arrival day.
If for any reason you do not provide the Hotel with your final menu selections and room set specifications at least thirty (30) days
prior to your major arrival day, Group will be ineligible to receive any Food and Beverage discounts as provided for elsewhere in this
Agreement.
If for any reason your final menu selections and room set specifications are provided to the Hotel fourteen (14) days or less prior to
submission
of final menu selections, and you agree to accept such substitutions.
Due to supply chain logistics that are out of the control of the Hotel including seasonal availability of product, holidays and weekends,
if for any reason you do not provide the Hotel with your final menu selections and room set specifications at least thirty (30) days
prior to your major arrival day, the Hotel will assess an extra fee equal to $5.00 per menu per person to offset extra costs Hotel may
Upon review of your final menus and Event requirements, Event Orders will be sent by Hotel to you within five (5) business days to
confirm all final arrangements and prices, which Event Orders will serve as a part of this Agreement. If you do not advise Hotel of any
changes on the Event Orders by the date requested by Hotel, you agree that the Event Orders will be considered accepted by you as
correct and you will be billed accordingly.
Five (5) business days prior to all food functions, the Hotel requires the customer to submit an expected number of guests for each
scheduled event. The expected number of guests cannot be reduced by more than 10% at the time the Hotel receives the final
guaranteed number of guests. The expected number of guests can be increased by up to 10% with no additional fees for added
expenses at the time the Hotel receives the final guaranteed number of guests. The final guaranteed number of guests for all food
functions must be submitted by phone or email, text message cannot be accepted, to the Events/Catering Department by Noon, three
(3) business days prior to the event date. The guarantee cannot be reduced after this time. If no guarantee is received, the expected
number of guests will be the basis for billing purposes. Group will be charged the final guaranteed attendance, or the number of
guests served, whichever is greater. The guarantee becomes the minimum number of guests used in calculating the amount to be
charged and the maximum number for food preparation. We will not undertake to serve more than 3% above this guaranteed
minimum. (On plated Food and Beverage functions, the Hotel will set seating for 3% over the guarantee for all group events.)
Master Accounts: Group agrees to the following deposit schedule:
DEPOSIT SCHEDULE
Due Date Amount
Initial Deposit Due with receipt of a final signed Agreement $1,000.00
Second Deposit November 19, 2019
Remaining Balance of Master Account
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No later than 30 days in advance of arrival Ͳ Group will either provide Hotel with a valid credit card to which all remaining estimated Master
Account charges will be charged on that date, or provide payment of all remaining estimated Master Account charges by company check,
certified check, wire transfer or credit card.
Hotel reserves the right to increase the amount of deposits and/or pre-
even if credit had previously been approved.
If advance payments or deposits are not p
cancelled and Hotel will be entitled to cancellation damages as provided in this Agreement.
that Hotel may charge the credit card account at departure. If any charges are disputed, Group must provide an itemized list of disputed charges
to Hotel so that Hotel may charge the undisputed charges to the credit card account immediately and the remainder will be charged upon
resolution.
If payment of all undisputed charges is not received within thirty (30) da
month, or the maximum amount allowed by law, whichever is less, will accrue on the unpaid, undisputed amount, commencing on the date of
receipt of the final invoice. Group must submit to Hotel an itemized list of any disputed charges within fifteen (15) days of receipt of the final
invoice, or else all disputes are waived. If any charges are disputed, all undisputed amounts will be paid within thirty (30) days and the parties
agree to work in good faith to resolve the disputed invoiced charges in a timely manner, and Group agree to pay the remainder immediately
upon resolution of the dispute.
Electronic Payments/Bank Wire Transfer: The Casa Marina, A Waldorf Astoria Resort prefers check and/or wire payments. The detailed
information listed below is what is required for any electronic payments/wire transfers. If payments are being sent by wire transfer, please
advise us when transfer has been processed.
Bank Name - Wells Fargo
Account Title - Casa Marina Lessee LLC Managed by Waldorf Astoria Management LLC-Casa Marina Resort Depository
Account # - 4601182660
Wire ABA Routing # - 121000248
Swift No. (For inbound International Wires) - WFBIUS6S
Cash Advances: In the event that the Group will need a cash pay-out from the hotel for on-site incidentals, advance arrangements should be
made with your Events Services Manager. It is required by the hotel for the meeting planner to request pay outs in writing on their company
letter head. These arrangements will include pre-payment of the advance amount by a Hotel Approved method.
Sleeping Room Performance Policy: The Total Sleeping Room Nights Reserved under this Agreement will generate $126,448.00 in revenue
for Hotel Anticipated Sleeping Room Revenue). This amount is not a guarantee from the Group. If Group does not use all of the
sleeping rooms in room block, by the cut-off date, the rooms will be released back to the hotel in an attempt to resell rooms.
Room Block Review:
performance.
Food and Beverage Performance Policy: The guestroom rates and concessions outlined are based on Group's guaranteed expenditure of a
minimum of $155,000.00 Total Anticipated Food and Beverage Revenue
Beverage Revenue amount does not include gratuities, service charges, supplemental surcharges, applicable federal, state or local taxes or any
other fees outside of food and beverage product sales. This amount is not guaranteed by the Group.
Cancellation Policy: Hotel has offered the favorable sleeping room rates and other concessions in this Agreement based upon the Total
uld receive from providing additional services
Impossibility: Neither party shall be responsible for failure to perform this Agreement if unanticipated circumstances beyond their control
(including, but not limited to: acts of God; government regulation; terrorist attacks in the city in which Hotel is located; or declared war in the
United States) make it illegal or impossible for Hotel to hold the Event. The affected party may terminate this Agreement without liability upon
providing written notice to the other party within ten (10) days of the occurrence.
Indemnification: liates,
Hotel Indemnified Parties
or damages to persons or property, governmental charges or fines, penalties, and costs (including rea
Claim(s)Claim(s) arise
out of the negligence, gross negligence or intentional misconduct o
this indemnification shall require Group to indemnify the Hotel Indemnified Parties for that portion of any Claim arising out of the negligence,
gross negligence or intentional misconduct of the Hotel Indemnified Parties.
cers, directors,
Group Indemnified Parties, from and against any and all Claims (as such term is defined above)
arising out of or relating to the Event that is the subject of this Agreement but only to the extent any such Claim(s) to the extent any such
Claim(s) arise out of the negligence, gross
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Q.4.a
indemnification shall require Hotel to indemnify any of the Group Indemnified Parties for that portion of any Claim arising out of the negligence,
gross negligence or intentional misconduct of the Group Indemnified Parties.
on of liability laws, nor shall it
waive any defenses a party may have with respect to any Claim. This section shall survive any termination or expiration of this Agreement.
Insurance:
including, but not limited to, general liability insurance, with limits not less than $2,000,000 per occurrence, covering personal injury, property
sureds under all
Hotel agrees to maintain general liability insurance with limits not less than $2,000,000 per occurrence, covering liability for personal injury,
property damage, liquor liability, and automobile liability, as well as Workers Compensation insurance per applicable laws and Employers
Liability insurance.
Upon written request, each party shall make evidence of coverage available to the other party. For hotels that participate in
http://www.marsh.com/moi?client=0291. The Hotel can confirm whether the Hotel participates.
Governing Law: The Agreement will be governed by and interpreted pursuant to the laws of the state in which Hotel is located, excluding any
laws regarding the choice or conflict of laws.
Dispute Resolution: The parties will use their commercially reasonable efforts to informally and timely resolve any dispute concerning any
matter related to this Agreement by presenting the dispute to senior representatives of Hotel and Group for their discussion and possible
resolution in the order set forth herein; provided, however, that a dispute relating to patents, trademarks, trade dress, copyrights, trade secrets,
and/or infringement of intellectual property rights shall not be subject to this provision. All negotiations pursuant to this section are confidential
and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. If within a period of thirty (30)
calendar days after submission of a disputed matter in accordance with this clause, the respective senior representatives are unable to agree
upon a resolution of such dispute, then the dispute will be resolved by binding arbitration using one arbitrator before JAMS or the American
Arbitration Association in the state and city in which the Hotel is located, or the closest available location. The parties further agree that in any
arbitration proceeding, they may conduct reasonable discovery pursuant to the arbitration rules, and any arbitration award will be enforceable in
State or Federal court.
Attorney's Fees/Costs: The parties agree that the prevailing party in any arbitration or court proceeding arising out of or related to this
Agreement will be entitled to recover an award of its reasonable attorney's fees and expert witness fees, costs and pre and post judgment
interest at the highest available legal rate. The parties further agree that if Hotel must retain counsel or initiate arbitration or legal action to collect
of any monies owed to Hotel by Group under this Agreement, whether or not an arbitration or court action is filed, Hotel will be entitled to recover
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