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HomeMy WebLinkAboutresolution.council.082-14 RESOLUTION #82 (Series of 2014) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN AND CLASSIC BICYCLE RACING LLC AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council a contract for host organizer participation between the City of Aspen and Classic Bicycle Racing LLC, a true and accurate copy of which is attached hereto as Exhibit "A"; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, That the City Council of the City of Aspen hereby approves that Contract for host organizer participation, between the City of Aspen and Classic Bicycle Racing LLC, a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager to execute said agreement on behalf of the City of Aspen. INTRODUCED, READ AND ADOPTED key t e City Council of the City of Aspen on the 14th day of July 2014. Steven n, Mayor I, Linda Manning, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held, July 14, 2014. i Linda Manning, City lerk THEWESTIN SMALL MEETING AGREEMENT BETWEEN The Westin Snowmass Resort The Westin Snowmass Resort and US PRO CHALLENGE Pursuant to this Small Meeting Agreement between US PRO CHALLENGE( Group")and The Westin Snowmass Resort The Westin Snowmass Resort ("Hotel"), Hotel agrees to make the following guest rooms and event services available to Grog from 15-Aug-2014-19-Aug-2014. Guest Rooms:This Agreement applies to the following block of guest rooms(the'Room Block"): Fri,Aug 15, Sat,Aug 16, Sun,Aug 17, Mon,Aug 16, Total 2014 2014 2014 2014 Westin-Run of House hotel room 67 111 152 142 472 Wildwood—Run of House hotel room 100 100 100 300 Room Block Total 67 211 252 242 772 Total Guest Room Night Commitment:Customer's total guest room night commitment is 772. Rates: Hotel will provide the guest rooms in the Room Block at the following commissionable rate: $89.00 at both The Westin Snowmass and Wildwood Snowmass(all amounts are provided in USD).Rates do not include applicable taxes,unless tax exempt status is proven by the group.(The City of Aspen will provide proof of tax exempt status for this Group).The$25 nightly Resort Fee has been waived for US Pro Challenge. Airport transportation and guestroom intemet will be provided to the Group attendees at no charge. No automatic or mandatory charges are Ups, gratuities, or services charges for employees, unless otherwise expressly staled. Minimum Revenue: This Agreement will generate revenue for Hotel from a vanety of sources,including guest rooms,food& beverage,and charges for ancillary services. The M nimum revenue anticipated by Hotel under this Agreement(excluding taxes and other charges)is: Minimum Guest Room Revenue(772 room nights in Room Block x S89.00): $ 68,708 Minimum Food&Beverage Revenue 25 0.000 Total Minimum Revenue: $ 88,708 If Group does not fulfill all of its commitments or cancels this Agreement,Group agrees that Hotel will suffer damages that will be difficult to determine. The"Attrition"and"Cancellation"provis^ons below provide for liquidated damages agreed upon by the parties as a reasonable estimate of Hotel's losses and do not constitute a penalty of any kind. Attrition: Group will meet its minimum revenue requirements under this Agreement if it fulfills its Adjusted Minimum Guest Room Revenue commitment based on the attrition allowance below. 1 The Adjusted Minimum Guest Room Revenue will be calculated from the block established on June 5,2014 and will be used to calculate attrition damages. Any rooms that are picked up after the cutoff of date of July 15.2014 will be included in the calculation of Guest Room Attrition Damages. Adjusted Minimum Guest Room Revenue: 90%of Minimum Guest Room Revenue S 61,837 Minimum Food&Beverage Revenue- S 20.000 Adjusted Minimum Revenue: S 81,837 This attrition allowance does not apply if Group cancels the Agreement or does not hold the event at Hotel.If Group Folds its event at Hotel,but does not fulfill its Adjusted Minimum Guest Room Revenue commitment it will pay Guest Room Attrition Damages(plus all applicable taxes)as a reasonable estimate of Hotel's losses as follows: Guest Room Attrition Damages equal. F&B Attrition Damages equal. Adjusted M nimum Guest Room Revenue Adjusted Food&Beverage Revenue minus minus actual guest room revenue actual food and beverage revenue minus 'Resold"Room Revenue Because it is impossible to accurately determine what guest rooms are resold and at what rate,"Resold"Room Revenue will equal Group's average Rate for each day that guest rooms are resold times the number of resold guest rooms. Unused guest rooms in the Room Block will be considered"resold"rooms to the extent that Hotel is able to sell more guest rooms than 4 could have sold if Group had fully occupied its reserved block. For example,if Group does not use 30 rooms in the Room Block for one day but only 10 rooms remain unsold in Hotel for that day,the Attrition Damages owed will be reduced by the average daily rate for that day times 20. If Group does not fulfill Its Minimum Food& Beverage Revenue commitment, it will pay the difference between its Minimum Food& Beverage Revenue commitment and its actual food&beverage revenue(plus all applicable taxes--unless tax exempt status is proven). Cancellation: If Group cancels this Agreement,Group will provide written notice to Hotel,accompanied(except in the case of a Force Majeure)by payment of the amounts indicated below: Agreement Date to 120 days prior to Monday,August 15,2014: 25°x6 of Total Minimum Revenue= S 22,177 From 119 days to 61 days prior to Monday,August 15,2014: 50%of Total Minimum Revenue= $ 44,354 From 60 days or less prior to Monday,August 15,2014: 100%of Total Minimum Revenue=$ 88,708 The parties agree that the amounts included in this Cancellation clause are reasonable estimates of the losses that would be incurred by Hotel and factor in Hotel's ability to mitigate its losses through resale. Co_mmisslon:Customer acknowledges that commissions will be paid to Stay Aspen Snowmass, as agent of record.based on the percentages in the below table of amounts paid by Customer(not Including taxes or any rebates),and will be paid by Hotel within 30 days after payment in full of the Master Account. No commissions will be paid on Cancellation fees or Attrition Damages.If the agent of record changes,Hotel will not pay any additional commissions. 3m Party/Agency!PCO Guestroom F&B Room Rental Commission% Commission% Commission% Total 10 0 0 Check4nlCheck-out:Check in time is 3:00pm and check out time is12:00pm.Hotel will make every effort to accommodate requests, but cannot guarantee an early check in or late departure. Cut-off Date:The"cut-off date"for reserving rooms in the Room Block is 5:00 p.m.local time at Hotel on 1-Aug-2014.After the cut-off date,Hotel may accept additional reservations subject to prevailing rates and availability. 2 Early Departure Fee:An early departure fee of full forfeiture will apply if an attendee checks out pnor to the checkout date. Function Space Rental Fee:A service charge,currently 22%of the function space rental fee(plus all appiicable taxes)will be added to the function space rental fee and is retained by Hotel to cover non-itemized costs of the event.The service charge is not a bp or gratuity for employees. See schedule of events,if applicable Function Space/Schedule of Events:This Agreement applies to the following events and function space: Date Function Start—End Time Function Space Set Dp *PPL Rental Description Mon.11-AW2014 Storage 7 ROAM-10 OOPM Alpne Springs Empty 1 5000 Tue.12-Aug-2414 Storage 7 00AM•10 OOPM Alpine Sprngs Empty 1 5000 Wed,13-Aug-2014 Storage TOOAM-10 OOPM Alpine Springs Empty 1 5000 Wed,13-Aug-2014 BWk Beverage 7 OOAM-110:00PM Salon E Empty 1 $000 Storage Thu.14-Aup-2014 Storage 7-OOAM-tOZOPM A pine Springs Empty 1 S000 Thu,14-Aug-2014 Bulk Beverage 7-OOAM-10 OOPM Salon E Empty 1 $000 Storage Thu,14-Aug-2014 Staff Processing 7 OOAM-10 OOPM The Overlook See Diagram 15 $0.00 Thu.14-Aug-2014 Media Office 12 OOPM-6 OOPM Salon C&D See D agram 100 $0.00 Fri,15-Aug-2014 Storage 7 OOAM-10:00PM Alpine Springs Empty 1 S000 Fri.15-Aug-2014 BWk Beverage T00AM-10:0013M Salon E Empty 1 S000 Storage Fri,15-Aug-2014 Office 7-OOAM-10 OOPM The Cirque Boardroom £vesting 6 $000 Fri,1 SAW-2014 Stan Processing 7:OOAM-10 00PM The Overlook See Diagram 15 S000 Fri,15-Aug-2014 Media Office 12 00PM-6 OOPM Salon C&D See Diagram 1 50.00 Fri,15-Aug-2014 VenuefLOC Review 1 OOPM-2 OOPM Castle Peak Auddonum Existfng 60 5000 Fri.15-Aug-2014 Team Dinner 6 30PM-8 3012M Salon A d B Rounds 200 S000 Sat.16-Aug-2014 Storage 7,00AM•10 OOPM Alpine Springs Empty 1 SO 00 Sat,16-Aug-2014 Ad Hoe Meetings 7 00AM•10 OOPM Castle Peak Auditorium Eldstfng 60 $0.00 Sal,16-Aug-2014 Ad Hoc Meeting 7 OOAM.6-00PM Cathedra'Peak Theater Style 70 $0.00 Roan Sat.116-Aug-2014 Breakfast Bullet 7'00AM-9 OOAM Salon A 6 B Rounds 350 50.00 Sat,16-Aug-2014 BWk Beverage 7 OOAM-10 OOPM Salon E Empty 1 S000 Storage Sat,16-Aug-2014 Office 7.00AM-10 OOPM The Cirque Boardroom Existing 6 $0 00 Sat,15-Aug-2014 Staff Processing 7 OOAM-10 OOPM The Overlook See Diagram 15 50.00 Sat,16-Aug-2014 Crisis 110-00AM-12 OOPM Castle Peak Auditorium Existing 60 50.00 Communications Sat,16•Aug•2014 Media Office 12 0OP14 6 OOPM Salon C&D See Diagram 1 50 00 Sal,16-Aug-2014 Team Dinner 5-OOPM-9:00PM Salon A&B Rounds 350 $0 00 3 Sun,17-Aug-2014 Storage 7:OOAM-10.00PM Alpine Springs Empty 1 $0.00 Sun,17-Aug-2014 Ad Hoc Meetings 7:OOAM-10 OOPM Castle Peak Auditorium Existing 60 $0 00 Sun,17-Aug-2014 Team Breakfast 7:OOAM-9:ODAM Salon A d B Rounds 350 50.00 Sun,17-Aug•2014 Storage 7.00AM-10:00PM Salon E Empty 1 50.00 Sun,17-Aug-2014 Office T.DOAM-10:OOPM The Cirque Boardroom Existing 6 50.00 Sun,17-Aug-2014 Staff Processing 7 OOAM-10 OOPM The Overlook See Diagram 15 SO.00 Sun,17-Aug-2014 Risk Management 9 OOAM-t0:00AM Castle Peak Auditorium Existing 60 S000 Meeting Sun,17•Aug•2014 Kick-0K Press 11.30AM-S-OOPM Salon C 8 D Existing 150 50.00 Luncheon Sun,17-Aug-2014 Results 8 Time 12:OOPM-1:OOPM Castle Peak Auditorium Existing 60 $000 Coordination Sun,17-Aug•2014 Media Office 12:00PM-6:OOPM Salon C&D See Diagram 1 SO.00 Sun,17-Aug-2014 Police Meeting 1 OOPM-2:OOPM Castle Peak Auditorium Existing 60 50.00 Sun,17-Aug-2014 Caravan 2:OOPM-3.00PM Castle Peak Auditorium Existing 60 50-00 Drivers/Motors M19 Sun,17-Aug-2014 Team Registration 3.00PM-4:OOPM Cathedral Peak Classroom Style 70 SO.00 Sun,17-Aug-2014 Officials 4 OOPM-S:OOPM Castle Peak Auditorium Existing 60 $0.00 Sun,17-Aug•2014 Marshalls Meeting 4,OOPM-S:OOPM Cathedral Peak Classroom Style 70 $0.00 Sun,17-Aug-2014 Team Managers S:OOPM•6:OOPM Castle Peak Auditorium Existing 60 SO.00 Meeting Sun,17-Aug-2014 Team Dinner 6:OOPM-6 30PM Salon A d B Rounds 350 $000 Sun,17-Aug-2014 Securily 7VDP*a OOPM Cathedra PeeK Classroom Style 70 SO.00 Sun,17-Aug-2014 VIP Media 7 OOPM-8:30PM Reception Vue Lounge Existing 50 50.00 Sun,17-Aug•2014 All Staff Meeting 9 00PM-9:30PM I Salon A d 8 Theater Style 600 SO.00 Mon,18-Aug-2014 Team Breakfast 6 OOAM-9 COAM Saon A d 8 Rounds 330 $000 Mon,18-Aug-2014 Storage 7:O0AM 10:OOPM Alpne Springs Empty 1 $0.00 Mon.18-Aug-2014 Officials Meeting 7 00AM-13 OOPM Castle Peak Auditorium Existing 60 $0.00 Mon,18-Aug•2014 Storage 7 OOAM- 10 OOPM Salon E Empty 1 SQ.00 Mon,18-Aug•2014 Once 7.00AM-10:0013M The G rque Boardroom Existing 8 SO.00 Mon.18-Aug-2014 Media Office 1 12:OOPa 6.00PM Saon C 8 D See Diagram 1 Sow Mon.18-Aug•2014 Team Dinner 6:OOPM-8 30PM Salon A 8 B Rounds 330 S0 00 Team Breakfast B-ODAM-9 ODAM Salon A 8 8 Rounds 330 SO� Tue,19-Aug-2017 Tue,19•Aug•2014 Officials 7 OOAM-10.00AM Castle Peak Auditomxn Existing 60 $0.00 Tue,19-Aug-2014 Office 7 00AM 10:00AM---f—ii;—C rque Boardrom Existing 6 $000 4 Food&Beverage:Group will spend a minimum of$20,000.00 on food and beverage for the event(all scheduled catering events and scheduled catered team meals are applied to this minimum). Menu prices will be confirmed on Banquet Event Orders(BEOs). A service charge, currently 22% of the total food and beverage revenue (plus all applicable taxes) will be added to all food and beverage charges.Included as part of the service charge is a gratuity(currently%of total food and beverage revenue)that is paid directly to food and beverage service staff.The remainder of the service charge is retained by Hotel to cover non-itemized costs of the event.No other fee or charge,including administrative fees,set up fees,labor fees,or bartender or food station fees,is a tip,gratuity, or service charge for any employee.Due to licensing requirements and for quality control,all food and beverage served at Hotel must be supplied and prepared by Hotel. Payment Oadons: Payment will be made as indicated below.Please check applicable option. Guest rooms(including taxes and automatic or mandatory charges): El Group 0 Guests Event Food&Beverage(including taxes,service charges,and administrative charges): ©Group 0 Guests Incidental charges: 0 Group ©Guests Detsoslt Schedule:A deposit of 55000.00 is due by 15-July-2014.The remaining estimated amount is due by 28-August-2014. Payment:Group will advise Hotel of its expected method of payment at least 30 days in advance of 11-Aug-2014.If Group will pay using a credit card honored by Hotel, a valid credit card must be provided to Hotel no later than 11-Aug-2014, and all charges that Group Is responsible for will be charged to such credit card at departure. Upon application and review by Hotel, Hotel may elect to extend direct billing privileges to Group. If direct billing has been established, payment of all undisputed amounts is due within 15 days of Group's receipt of Invoice from Hotel. Relocation: If any guest room reservation cannot be accommodated by Hotel, Hotel will provide: (1) accommodations at a comparable Hotel reasonably nearby(in Snowmass or Aspen,Colorado)at no charge for the first night:(2)one complimentary round trip ground transportation between Hotel and the alternate hotel for each day the guest is displaced; (3)an offer to relocate the displaced guest back to the first available guest room;and(4)credit to Room Block for any nights that guests are displaced. Use of Event and Function Seace:To protect the safety and security of all Hotel guests and property, Group will obtain Hotel's advance written approval before using items in event and function space that could create noise,noxious odors or hazardous effects and before engaging in any activities outside of the reserved function rooms(e.g., registration table).Group will obtain any required Fire Marshall or other safety approvals,and will pay any expenses incurred by Hotel as a result of such activity,such as resetting smoke or fire alarms or unusual clean up costs. Hotel does not provide security in the event and function space and all personal property left in the event or function space is at the sole risk of the owner. Disclosure: Group will be responsible for determining to whom it needs to disclose any terms of this Agreement, including any commission or rebate that it may receive. Laws and Policies:Each party will comply with all applicable laws and Hotel rules and policies. Privac . Group will obtain necessary permissions prior to providing any personal information to Hotel,including the right for Hotel and Starwood Hotels&Resorts Worldwide,Inc.to use and transfer such personal information to locations both within and outside the point of collection(including the United States). Insurance:Each party will maintain insurance sufficient to cover any claims or liabilities which may reasonably arise out of or relate to its obligations under this Agreement and will provide evidence of such insurance upon request. Indemnification:To the extent allowed by law,each party will indemnify,defend and hold the other harmless from any loss,liability, costs or damages arising from actual or threatened claims resulting from its breach of this Agreement or the negligence, gross negligence or intentional misconduct of such party or its officers,directors,employees,agents,contractors,members,or participants Neither party will be liable for punitive damages. Force Maleure:If acts of God or government authorities,natural disasters,or other emergencies beyond a party's reasonable control make it illegal or impossible for such party to perform its obligations under this Agreement,such party may terminate this Agreement upon written notice to the other party without liability. Miscellaneous:Group may not assign or delegate its rights or duties under this Agreement without Hotel's prior approval. If any provision of this Agreement is held to be invalid or unenforceable that provision will be eliminated or limited to the minimum extent possible,and the remainder of the Agreement will have full force and effect.If either party agrees to waive its right to enforce any term of this Agreement, it does not waive its right to enforce any other terms of this Agreement. This Agreement constitutes the entire agreement between the parties,supersedes all other written and oral agreements between the parties concerning its subject matter, and may not be amended except by a writing signed by Hotel and Group. 5 ACCEPTED AND AGREED TO: US PRO CHALLENGE LOCAL ORGANIZING COMMITTEE Silvertree Propco,LLC,as owner of The Westin Snowmass Resort By By_Z===3, . e� Nancy Lesley—Director of Special Events&Marketng Tim Johnson The City of Aspen Director Of Sales&Marketing 130 S.Galena Street Aspen,CO 811111 Date Date 7/111k 6