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HomeMy WebLinkAboutA7143 - NEIGHBORHOODS USA - NUSA ConferenceMIUSA Exhibit 1 Neighborhoods. USA CONFERENCE CONTRACT AGREEMENT ("Contract") BETWEEN HOST ENTITY CITY OF PALM SPRINGS (hereinafter called "HOST") and NEIGHBORHOODS, USA (hereinafter called "NUSA") FOR THE NATIONAL NUSA CONFERENCE SCHEDULED FOR 2019 WITNESSETH THAT: WHEREAS, the Host wishes to host the National NUSA conference and that the Host represents that it is fully committed and qualified to host said national neighborhood conference; and WHEREAS, the NUSA Board of Directors or "NUSA" at its annual board meeting, selected the "HOST" to host the 2019 National NUSA Conference and the Host committed to act as national sponsor of such neighborhood conference. NOW, THEREFORE, the "HOST' and "NUSA", for the consideration and under the conditions hereinafter set forth, do agree as follows: ARTICLE 1. CONFERENCE PLANNING GROUP The "HOST" will include as its Conference Planning Group a strong partnership between neighborhood organizations, residents, local businesses, foundations, other organizations and various Host departments. ARTICLE II. CONFERENCE COORDINATOR The "HOST" shall commit a staff person or hire an individual as Conference Coordinator, who would be expected to devote work time exclusively to preparations for the national conference as outlined in the Host Requirements. The Conference Coordinator, either in-house or contracted, shall be reflected as an expense of the conference, including any and all related other miscellaneous expenses, of the Conference Coordinator. ARTICLE 111. REQUIRED MEETINGS BETWEEN "HOST" AND "NUSA" The "HOST" shall send the Conference Coordinator and/or elected official to the following NUSA meetings. a. The two (2) annual conferences immediately preceding the conference the Host has agreed to host. b. The Board meetings as outlined in the Host Entity Requirements. ARTICLE IV. OUTREACH AND DEADLINE PROVISIONS The "HOST" shall attract local, regional and national attendance by invitation and / or promotion through mailings and other means. Past conference attendees list will be supplied by NUSA. Said invitations, promotions and mailings must include the name, e-mail address, and telephone number of the President and Administrative Assistant of NUSA. The first promotional material ("Save the Date" post card) will be sent electronically by December 1st, prior to the conference year by the NUSA organization. The "Save the Date" electronic post card will be supplied to the "HOST" for their promoting as needed; locally, regionally and nationally. The 'HOST" shall prepare the electronic Conference Registration Book by February 1-' of the conference year. "NUSA" shall provide all necessary information to the "HOST" no later than December 15� of the year prior to the conference. The "HOST" shall mail a printed copy of the registration book to anyone that makes the request, at the "HOST's" expense. Page 1 of 6 MANDATORY DATE DEADLINES ➢ JuIy_1!1 the year prior to the conference - Workshops tracks and descriptions forwarded to the NUSA Program Development Committee Chair. ➢ February 1-' the year of the conference - The final proof of the registration book forwarded to the NUSA Program Development Committee Chair. ➢ March 1'-' of the year of the conference - Exhibitors information forwarded to the NUSA Program Development Committee Chair. ➢ May 10the year of the conference - The final proof of the conference program book forwarded to the NUSA Program Development Committee Chair. NOTE: Final proof means that all changes are complete and approved by the NUSA President, Program Development Committee Chair and the Public Affairs Committee Chair. ARTICLE V. HOST SELECTION RE HOTELS The "HOST" shall select and contract with, at a minimum, a Headquarters Hotel as well as other hotels in close proximity to the conference site and assure availability of an adequate block of rooms to accommodate conference registrants, as outlined in the Host Entity Requirements and Hosting A Neighborhoods, USA Conference Handbook. The "HOST" shall contract with the necessary venues which provide the requirements of the conference specifications which are covered in the Host Entity Requirements and Hosting A Neighborhoods, USA Conference Handbook. ARTICLE VI. "HOST" DEBRIEFING AT FALL "NUSA" MEETING The "HOST" shall supply to "NUSA" for approval, at its fall board meeting, prior to the "HOST's" conference date; the following: a. The proposed budget for the Conference; b. A listing of all functions included in the registration fee; c. An outline and description of the proposed neighborhood tours; d. Recommendations for registration fees to be charged for the conference; e. The proposed artwork and 1 or graphics and sample brochure cover. This is to include the tag line 44th Annual Conference on Neighborhood Concerns. Tag line is required to be on both the cover of the Registration Book and the Conference Program Book, f. The proposed conference theme; g. Specific details of the hotel and conference meeting space under contract; and h. Listing of all meals to be provided as part of the conference registration. i. The conference logo should be approved at the winter board meeting prior to the preceding conference. This will allow the Host to promote their conference at the preceding conference with the approved conference logo. The NUSA logo and colors (red and blue on white background) shall appear prominently on the cover and all conference materials. Additions of any other logos (corporate organizational or otherwise) shall require approval by" NUSA". ARTICLE VII. "HOST" CONFERENCE DATE AGREEMENT The Host agrees to hold the Conference beginning on a Wednesday (registration) and concluding on a Saturday, on the following dates: May 15-18, 2019. Any changes in dates must be authorized by the NUSA Board of Directors. Said changes shall not be unreasonably withheld. ARTICLE VIII. REGISTRATION CATEGORIES All registration fees will include the NUSA $50 membership fee for adults and $25 membership fee for youth. As stated in Article VI of this Contract, the overall registration fee shall be approved by NUSA at its fall 2018 board meeting. The NUSA membership fee from each registrant shall be retained by NUSA. The accepted registration categories are as follows: a. Full Registration - includes: workshops, exhibits, neighborhood pride tours, conference material, special events, meals and NUSA one-year membership. b. Host Entity (local) neighborhood registration - includes same as full registration. c. Youth Registration (age 13-18) - includes same as full registration Page 2 of 6 ARTICLE IX. THE FINAL CONFERENCE REPORT The Final Conference Report shall be distributed within sixty (60) days after the final day of the conference. The Final Conference Report shall contain at a minimum the items listed in the Host City Requirements. ARTICLE X. FAILURE TO PERFORM PENALTY In the event the Host cancels or fails to perform its conditions as Host, unless otherwise agreed by the Host and the NUSA Board in writing, the Host shall be liable to the NUSA Board for liquidated damages and not as a penalty, in the amount of $25,000.00, to be paid within 30 days of failure to perform, representing a reasonable amount necessary for the NUSA Board to cover its expenses in advertising, publicity, site selection and relocating the convention, or the actual costs and expenses, whichever is greater. The "HOST' will not be liable for failure to perform obligations under this Contract when such failure is caused by natural disasters or acts of terrorism. ARTICLE XI. "NUSA" TO PROVIDE TECHNICAL ASSISTANCE TO "HOST" "NUSA° via the NUSA President and/or the Program Development Committee Chair shall supply technical consultation to the "HOST" to assist in the planning and implementation of the conference, including but not limited to approval of use of logos, conference content, graphics, conference logistics and keynote speakers. ARTICLE XII. "NUSA" FALL BOARD MEETING COMMMITMENT "NUSA" shall hold its fall Board of Directors meeting prior to the annual conference at the "HOST's" conference locale. NUSA Board members shall pay all of their own expenses for said meeting. The "HOST' is responsible for supplying a meeting facility, specifications provided by "NUSA", at the selected headquarters hotel. Meeting facility expense to be paid by the "HOST'. ARTICLE XIII. "NUSA" AS CONFERENCE CO-SPONSOR "NUSA" shall act as co-sponsor of the annual conference and promote the "HOST" to its national membership. ARTICLE XIV. CONTRACT ADDENDUM The Host Entity Requirements and Hosting A Neighborhoods, USA Conference Handbook documents are part of this Contract. ARTICLE XV. LIABILITYANSURANCEIINDEMNITY a. Indemnity. The "HOST° shall defend, indemnify, and hold harmless "NUSA", and its elected and appointed officials, agents, and employees (hereinafter the "Indemnities") from and against any and all causes of action, demands, actions, damages, judgments, expenses (including but not limited to attorney's fees, expert fees, court costs and other litigation costs), losses, and claims (including those for bodily injury, sickness, disease or death, or to injury to, destruction or loss of use of tangible property) (collectively hereinafter "Claims") by any third parties (including any employee, subcontractor or representative of the Host, hereafter a "Host Representative") that arises out of, relates to, results from, or is attributable to any of the following: (a) Host's performance or failure to perform its obligation hereunder; (b) any conditions in or about the work sites that the Host or any Host Representative may encounter; or (c) the use of occupancy of the work site by the Host or any Host Representatives. This indemnification obligation excludes any Claim(s), to the extent that the Claim(s) in question are caused, in whole or in part, by the negligence of any indemnitee(s). b. Dispute Resolution. The parties will use their good faith efforts to resolve any dispute or claim between the parties arising from the performance or failure to perform their respective obligations under this Contract (a "Dispute"). Those efforts will include escalation of the Dispute to the senior manager/official level of each party. However, if the parties are unable to amicably resolve any Dispute, alternative dispute resolution or conflict mediation shall be pursued before any dispute is escalated to litigation. If litigation becomes the only means for dispute resolution, litigation shall occur in Riverside County, California, the county within which HOST is located. Page 3 of 6 The parties waive any right to a trial by jury in any legal action between them that is instituted to resolve a Dispute. c. Attorney Expense. If either party should employ attomeys or incur other expenses in any legal action regarding a Dispute, the party that prevails with respect to the Dispute in question (the "Prevailing Party") shall be defined as follows: the party that secures a final judgment in its favor before a court of competent jurisdiction, or obtains other relief hereunder through alternative dispute resolution. The party that is not the Prevailing Party will pay the Prevailing Party its reasonable attorneys' fees and other reasonable expenses that are incurred in that action. The parties acknowledge that in any action whereby both parties receive a benefit via resolution of a Dispute, there shall be no Prevailing Party. d. Insurance. For the duration of the Contract and for limits not less than stated below, "NUSA" shall maintain the following insurance with a company(ies) lawfully authorized to do business in Host's state, and providing limits of liability and endorsements reasonably acceptable to the "HOST": 1. Director's and Officer's (D&O) Liability Insurance; 2. General (Commercial) Liability; 3. Automobile Liability; 4. Employee Practice Liability Insurance; and 5. Crime coverage. "NUSA" will provide, upon receipt of written request from the "HOST", declaration pages detailing the extent of "NUSA's" insurance coverage. If deemed necessary, "NUSA" may consider making coverage additions for a period not to precede or extend beyond the dates of the conference as specified in Article VI in this Contract. Before the execution of the Contract, "NUSA" shall provide the "HOST" a certificate(s) of insurance evidencing compliance with the requirements referenced herein, if the "HOST" requests such document(s). The certificate(s) shall name the "HOST", and its officials and employees, as additional insured on the Commercial General Liability, Automobile Liability, and any applicable umbrella and excess policies, with respect to claims or liabilities arising out of NUSA's operations. e. Third -Party Designation. The "HOST" may not assign its rights, obligations or the benefits of this Contract to any third party without the written consent from NUSA. Consent may be withheld for any reason. f. Exclusivity Provision. This Contract is made only for the benefit of the "HOST" and "NUSA". It is not intended, nor shall it be construed, to grant or bestow any benefit, right or privilege to any third party, and any and all possible third -party beneficiaries, foreseen and unforeseen, are hereby explicitly disclaimed. ARTICLE XVI. MISCELLANEOUS PROVISIONS a. NUSA and HOST covenant that there shall be no discrimination or segregation in the performance of, or in connection with, this Contract regarding any person or group of persons on account of race, color, creed, religion, sex, marital status, disability, sexual orientation, gender identity, gender expression, national origin, physical or mental disability, medical condition, or ancestry. NUSA shall fully comply with the provisions of Palm Springs Municipal Code Section 7.09.040 relating to non-discrimination in contracting with HOST. b. The parties agree to comply, in the performance of this Contract, with all of HOSTs applicable municipal ordinances and resolutions, state law, federal law, and all applicable rules and regulations. California law will govern the terms and the performance under this Contract. Page 4 of 6 c. NUSA acknowledges that no officer or employee of the HOST has or shall have any direct or indirect financial interest in this Contract nor shall NUSA enter into any agreement of any kind with any such officer or employee during the term of this Contract and for one year thereafter. Each of the parties warrants that it has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Contract. d. This Contract represents the entire agreement between the parties, and supersedes all prior negotiations, representations or agreements, either written or oral. This Contract may be amended only by written instrument signed by both parties. e. This Contract may be executed in counterparts each of which when executed by the parties shall be deemed to be a complete original. An electronic or facsimile copy of the executed Contract or counterpart shall be deemed, and shall have the same legal force and effect as, an original document. f. Any forbearance or delay on the part of either of the parties in enforcing any of its rights under this Contract shall not be construed as a waiver of such rights. No terms of this Contract shall be waived unless expressly waived in writing. g. If any provision of this Contract is held to be invalid, illegal or unenforceable by a court of competent jurisdiction; the remaining provisions of it shall remain in full force and effect. h. The persons executing this Contract on behalf of the parties warrant that they are duly authorized to execute this Contract on behalf of parties, and that by so executing this Contract the parties are formally bound to the provisions of this Contract. SIGNATURES FOLLOW Page 5 of 6 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed as of the date below. EXECUTED this day of _J , 20X /9 ATTEST: N i30RH00 S, SA SA President EXECUTED this of 1 S day of dai 2019. Witness Witness CITY OF PALM SPRINGS APPROVED BY CITY COUNCIL t ' ftO 8 David H. Ready, Esq., Ph.D. City Manager APPROVE 0 FORM: Y. Edward Z. Kotkin City Attorney Page 6 of 6 mej; I 5 ` J, $ 1 4' d ri 'vim ow DceA1 *- S des i- ter is cycewA- Cindy Berardi From: Denise Goolsby Sent: Wednesday, May 23, 2018 11:03 AM To: Cindy Berardi Subject: Re: Thank you so much! Hi Cindy, We arrived safe and sound! Already busy here! Rick Leson, from the Convention Center, is going to get the host hotels to execute. He's here in Alabama with us. I'll remind him about the date! Thanks again for everything! Denise Sent from my iPhone > On May 23, 2018, at 12:21 PM, Cindy Berardi <Cindy.Berardi@palmspringsca.gov> wrote: > Hi Denise, > Hope you arrived safely and all is going well so far. > It looks like the Host Hotels need to execute the Citywide User Agreement before the 5/31/18 Decision Date. Have you been in contact with them, or will you be taking care of that upon your return? > Cynthia A. Berardi, CMC > Chief Deputy City Clerk > City of Palm Springs > P. 0. Box 2743 > Palm Springs, CA 92263 > (760) 323-8204 > -----Original Message----- • From: Denise Goolsby > Sent: Monday, May 21, 2018 9:49 PM > To: Cindy Berardi <Cindy.Berardi@palmspringsca.gov> > Subject: Thank you so much! > Hi Cindy, > Thank you for sending the pdf of the contract and agreement - I really appreciate it! You rock! > Denise > Sent from my iPhone 1 C' O f4a)tm CALIFORNIA Date: May 8, 2018 Citywide User Agreement Like no place else lm Group Name: City of Palm Springs on behalf of Neighborhoods USA (NUSA) Contact Person: Mr. David Ready Event Start Date: May 14, 2019 Address: 3200 E. Tahquitz Canyon Way Event End Date: May 19, 2019 City, State, Zip: Palm Springs, CA 92262 Peak Rooms: 300 Phone No.: 760-323-8201 Total Room Nights: 1200 FAX No.: 760-323-8207 Attendance: 800 Website: www.nusa.ore Event Type: Convention with Tradeshow This Authorized User Agreement ("AGREEMENT") is made between the following hotels ("HOTEL"): Renaissance Palm Springs Hilton Palm Springs and The City of Palm Springs on behalf of Neighborhoods USA (NUSA) ("AUTHORIZED USER") and is inclusive of individual hotel agreements identified as Exhibit A-1 and A-2. Guest Room Commitment All guestrooms are run -of -the -house unless otherwise set forth. Guestroom types cannot be guaranteed and rooms will be reserved on a first -come, first -served basis. Rooms are blocked on a space available basis. Group Room Rates to be Extended Beyond Event Dates: The confirmed group room rates are applicable three (3) days before and three (3) days after the official event dates, subject to space availability. Reservation Method and Payment General attendees will make their reservations via online or call -in Check in Time: 4:OOPM Check out Time: 11:OOAM Cut Off Date: All rooms provided for AUTHORIZED USER will be held until Thirty (30) days prior to the official event start date. Any reservations received after this cutoff date, including modifications, name changes and additions will be accepted on a space and rate available basis. At the cutoff date, the hotel will release any unreserved rooms for general sale. Billing Arrangements A Direct Billing Application is required a minimum of (30) days prior to the event start date if group wishes to establish credit with the HOTEL for the purpose of billing a portion of your account through the use of a Master Account. Package Receiving Due to limited storage space, shipments will be accepted (3) days prior to the event. The HOTEL will not assume any responsibility for damage or loss of merchandise sent for storage purposes. Please notify the HOTEL of shipping arrangements. The address on all shipments must state the group name, "in care of the HOTEL representative's name, return address and date of the Event. Arrangements must be made to ship packages within 48 hours after the event ends. The HOTEL is not responsible for packaging or shipping of any materials and the proper shipping drayage costs will be incurred. Adiustment to Provisions All concessions outlined in this agreement, including those concessions offered on a complimentary basis, will be provided based on utilization of at least 80% of the total room nights agreed upon in the Group Room Accommodations section. Should AUTHORIZED USER not achieve at least 80% utilization by the reservation cutoff date, all concessions will be subject to adjustment and the HOTEL may also adjust the function space (if applicable) in direct proportion to the reduction in total room nights. Indemnification Each party to this AGREEMENT shall indemnify, defend and hold harmless the other party and its officers, directors, agents, and employees from and against any and all demands, claims, damages to person or property, losses and liabilities, including reasonable attorneys' fees (collectively "CLAIMS") arising solely out of or solely caused by the indemnifying party's negligence or willful misconduct in connection with the provision and use of HOTEL as contemplated by this AGREEMENT. This paragraph shall not waive any statutory limitations available to either party, including innkeepers' limitation of liability laws, nor shall it waive any defense either party may have with respect to any CLAIMS. Force Majeure The performance of this AGREEMENT is subject to any circumstance making it illegal or impossible to provide or use the HOTEL, including acts of God, war, government regulations, disaster, strikes, civil disorder, or curtailment of transportation facilities. The AGREEMENT may be terminated only for any one of the above reasons by written notice from either HOTEL or AUTHORIZED USER to the other within ten (10) days of learning of the basis for termination. Neither a change of ownership or management of the HOTEL, nor a change in management of AUTHORIZED USER shall relieve either party of the responsibilities and obligations of this AGREEMENT. Americans with Disabilities Act HOTEL shall be responsible for complying with the public accommodations requirements of the Americans with Disabilities ACT (ADA) not otherwise allocated to the group in this AGREEMENT. Decision Date The arrangements outlined in this AGREEMENT will be held on a first option basis until May 31, 2018, the decision date, by which date Palm Springs Convention Center must receive a signed copy of this AGREEMENT. However, should another organization request these dates and be in a position to confirm immediately, AUTHORIZED USER will be advised and given (48) hours to confirm on a definite basis. Should the Palm Springs Convention Center not receive a signed copy of this AGREEMENT by the date set forth, each HOTEL then reserves the right to release all sleeping rooms and function space for resale. Agreement Signatures This AGREEMENT shall become effective as of the date it is fully executed by all parties, provided such execution occurs before the decision date above of May 31, 2018. Until that effective date, no function space or guest room arrangements described herein are binding on any HOTEL. This AGREEMENT shall not be assigned. After this AGREEMENT has been properly executed by an authorized representative of the AUTHORIZED USER, this AGREEMENT shall be returned to the Palm Springs Convention Center by the decision date for acceptance and execution by an authorized representative of each HOTEL included in this AGREEMENT. As Accepted and Executed: For AUTHORIZED USER, By A S: City of Palm Springs 74Y City Clerk Dr. David Ready City Manager For HOTEL Exhibit A-1, By APPROVED 13Y CITY COUNCIL U� �i1g tq3 Renaissance Palm Springs Heather Lamb Director of Sales & Marketing For HOTEL Exhibit A-2, By Hilton Palm Springs Shannon Anderson General Manager Hilton Palm Springs Bernadette Gravette Sales Manager �� c(ee-K Exhibit A-1 Renaissance Palm Scan CALIFORNJA I 1J Like no place else m This Authorized User Agreement (the "AGREEMENT") is made between The Renaissance Palm Springs Hotel ("HOTEL"), located at 888 E. Tahquitz Canyon Way, Palm Springs, CA 92262 and The City of Palm Springs on behalf of Neighborhoods, USA ("AUTHORIZED USER'). Group Room Accommodations: Day Sat Sun Mon Tue Wed Thu Fri Sat Sun Mon Date 5/11/19 5/12/19 5/13/19 5/14/19 5/15/19 5/16/19 5/17/19 5/18/19 5/19/19 5/20/19 Rooms 1 1 7 86 259 257 224 106 0 C/O Suites 2 2 2 2 2 2 2 2 2 C/O Total 3 3 9 88 261 259 226 108 2 C/O Group Room Rates: $149.00 Single/Double Occupancy. $20.00 per additional guest (up to 2 for a maximum of 4 guests per room) Hotel room rates are quoted per room per night and are subject to applicable state and local taxes at time of check- in. Taxes and Fees* Occupancy tax: 16.89% Resort Fee: Waived Self Parking: $18.00 Valet: $36.00 *taxes and fees subject to change Staff and VIP rooms HOTEL will set aside 15 rooms on a nightly basis for arrival on Tuesday, May 14, 2019 and departure on Sunday, May 19, 201 8from the room block specified above to be assigned by AUTHORIZED USER for staff and/or VIP use. A rooming list for these rooms will be provided by the AUTHORIZED USER and will be sent directly to the HOTEL. The list will detail who is responsible for charges. These rooms are net, non- commissionable. Additional Concessions • (2) Welcome amenities, chef's choice, for designated VIP's • (2) Complimentary Parking Passes • (1) Complimentary Executive Suite for Administrative Assistant — held for arrival on Sat., May 11, 2019 and departure on Monday, May 20, 2019 • (1) Complimentary 1-bedroom Corner Resort Suite for NUSA President — held for arrival on Sat., May 11, 2019 and departure on Monday, May 20, 2019 Rooms Attrition HOTEL is relying on AUTHORIZED USER to use 959 total room nights. Should the room nights actually used by AUTHORIZED USER be less than the total room nights, AUTHORIZED USER shall not be assessed any liquidated damages or penalties. Should HOTEL determine that any portion of the AUTHORIZED USER's room block not confirmed as of the reservation cut-off date is available for resell, the HOTEL will attempt to sell the unused portion of the room block. Food and Beverage Policy All food and beverage must be supplied and prepared by the HOTEL, including any food and beverage service for any Hospitality Suites, subject to State and local Alcoholic beverage laws. Food and beverage purchased at the HOTEL may not be removed from the premises due to health department regulations and applicable alcoholic beverage laws and regulations. If alcoholic beverages are to be served on the HOTEL premises (or elsewhere under the HOTEL's alcoholic beverage license), the HOTEL will require that alcohol be provided by the HOTEL and that such beverages be dispensed only by HOTEL servers and bartenders. Alcoholic beverage service may be denied to any guests who appear to be intoxicated or are under age. Exhibit A-2 F, M,� CALIFORNIA Hilton Palm Seri Like no place else This Authorized User Agreement (the "AGREEMENT") is made between the Hilton Palm Springs Hotel ("HOTEL"), located at 400 E. Tahquitz Canyon Way, Palm Springs, CA 92262 and The City of Palm Springs on behalf of Neighborhoods, USA (NUSA) ("AUTHORIZED USER"). Group Room Accommodations: Day Mon Tue Wed Thu Fri Sat Sun Date 5/13/19 5/14/19 5/15/19 5/16/19 5/17/19 5/18/19 5/19/19 Rooms 1 11 38 37 32 14 C/O Suites 0 2 2 2 2 2 C/O Total 1 13 40 39 34 16 C/O Group Room Rates: $139.00 Single/Double Occupancy. $20.00 per additional guest (up to 2 for a maximum of 4 guests per room) Hotel room rates are quoted per room per night and are subject to applicable state and local taxes at time of check - in. Taxes and Fees* Occupancy tax: 16.95% Utility User Fee: $1.14 Resort Fee: Waived Self Parking: $18.00 (optional) *taxes and fees subject to change Staff and VIP rooms HOTEL will set aside 5 rooms on a nightly basis for arrival on Tuesday, May 14, 2019 and departure on Sunday, May 19, 2018 from the room block specified above to be assigned by AUTHORIZED USER for staff and/or VIP use. A rooming list for these rooms will be provided by the AUTHORIZED USER and will be sent directly to the HOTEL. The list will detail who is responsible for charges. These rooms are net, non- commissionable. Additional Concessions (2) Upgrades to pool view plaza suites at the group rate of $139.00 per night. Rnnms Attrition HOTEL is relying on AUTHORIZED USER to use 143 total room nights. Should the room nights actually used by AUTHORIZED USER be less than the total room nights, AUTHORIZED USER shall not be assessed any liquidated damages or penalties. Should HOTEL determine that any portion of the AUTHORIZED USER'S room block not confirmed as of the reservation cut-off date is available for resell, the HOTEL will attempt to sell the unused portion of the room block - Food and Beverage Policv All food and beverage must be supplied and prepared by the HOTEL, including any food and beverage service for any Hospitality Suites, subject to State and local Alcoholic beverage laws. Food and beverage purchased at the HOTEL may not be removed from the premises due to health department regulations and applicable alcoholic beverage laws and regulations. If alcoholic beverages are to be served on the HOTEL premises (or elsewhere under the HOTEL's alcoholic beverage license), the HOTEL will require that alcohol be provided by the HOTEL and that such beverages be dispensed only by HOTEL servers and bartenders. Alcoholic beverage service may be denied to any guests who appear to be intoxicated or are under age. C O