Loading...
Growing Sustainable Communities Conference Grand Harbor ContractCity of Dubuque City Council Meeting Consent Items # 11. Copyrighted April 4, 2022 ITEM TITLE: Growing Sustainable Communities Conference Grand Harbor Contract SUMMARY: City Manager recommending City Council approval of a contract with Grand Harbor Resort and Waterpark for the 2022 Growing Sustainable Communities Conference. SUGGESTED Suggested Disposition: Receive and File; Approve DISPOSITION: ATTACHMENTS: Description Growing Sustainable Communities Conference agreement with Grand Harbor Hotel-MVM Memo Staff Memo Contract for GSCC with Grand Harbor Type City Manager Memo Staff Memo Supporting Documentation THE C Dubuque DUjIBQTE WAWca 914 Masterpiece on the Mississippi YP pp aoo�•o 13 zai7*20*�oi9 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Growing Sustainable Communities Conference Grand Harbor Contract DATE: March 31, 2022 Sustainable Community Coordinator Gina Bell is recommending City Council approval of a contract with Grand Harbor Resort and Waterpark for the 2022 Growing Sustainable Communities Conference. I concur with the recommendation and respectfully request Mayor and City Council approval. v Mic ael C. Van Milligen MCVM:sv Attachment cc: Crenna Brumwell, City Attorney Cori Burbach, Assistant City Manager Gina Bell. Sustainable Community Coordinator THE CITY OF Dubuque DUB E All•Anerin City Via► Masterpiece on the Mississippi YP pp 2°°*2.2° 13 zo17zoi9 TO: Michael Van Milligen, City Manager FROM: Gina Bell, Sustainable Community Coordinator SUBJECT: Growing Sustainable Communities Conference Grand Harbor Contract DATE: March 31, 2022 INTRODUCTION The purpose of this memorandum is to request City Manager approval of a contract with Grand Harbor Resort and Waterpark for the 2022 Growing Sustainable Communities Conference. BACKGROUND Since 2007, the City has hosted the Growing Sustainable Communities Conference, which in 2019 attracted 482 attendees. The conference has been canceled due to health concerns the past two years. Each year we contract with the Grand Harbor Hotel & Waterpark for a block of rooms for conference attendees. DISCUSSION Attached is the contract for the 2022 Growing Sustainable Communities Conference. REQUESTED ACTION The requested action is Manager approval and signature of the attached Growing Sustainable Communities Conference contract with the Grand Harbor Resort and Waterpark. GRAND HARBOR RESORT January 17, 2022 Mike Van Milligen C/O Gina Bell City of Dubuque City Hall Dubuque, IA 52001 563-690-6038 gbell@cityofdubuque.org RE: City of Dubuque MEETING DATES: 2022-10-16 - 2022-10-18 Ms. Sue Moran Grand Harbor Resort /Grand River Center 350 Bell Street Dubuque, IA 52001 563-690-3242 smoran@grandharboffesort.com City of Dubuque ("Group") and Platinum Holdings LLC dba/Grand Harbor Resort & Waterpark Hotel ("Hotel") agree as follows: By signing and returning the enclosed copy of this contract by April 5, 2022, these arrangements will be agreed to on a definite basis. Between now and April 5, 2022, unless both parties have agreed upon and fully executed this agreement, should another organization request the dates and be able to confirm immediately, we will advise you and you will have three (3) business days to confirm on a definite basis. If we do not receive a mutually agreed executed original of this agreement from you by April5, 2022, this letter will be void and the room block will be automatically released. GUEST ROOM ACCOMMODATIONS This contract applies to the following block of rooms: Sun 10/16/2022 Mon 10/17/2022 Occupancy I Rooms Rate Rooms I Rate Run of House Up to 4 1 30 $99.00 50 $99.00 All room rates are quoted exclusive of applicable taxes and fees, currently 28%. Rate includes a continental breakfast served on the 2nd floor from 6:30am to 9:00am. Rate does include Waterpark tickets when waterpark is open CUT-OFF DATE The "cut-off date" for accepting reservations into this room block is September 30, 2022, Reservations requests received after 5:00 p.m. local time at the Hotel on the cut-off date will be accepted on a space and rate availability basis. GUEST ROOM ATTRITION Hotel is relying on, and Group agrees to provide, a minimum dollar amount of guest room revenue (exclusive of food and beverage charges, meeting room rentals, and other non -room charges) which shall be equal to the number of room nights set forth in the Guest Room Accommodation chart times the Group's average room rate (exclusive of taxes). The Hotel will extend a 20% allowance in such expected guest room revenue. Should the Group fall below this amount, the Group will be responsible for the difference between 80% of the minimum guest room revenue set forth above and the actual guest room revenue of the Group, less the guest room revenue (at an agreed upon expected resale value equal to 100% of the Group's average room rate) resulting from any rooms resold by the Hotel. Such amount shall be subject to all applicable taxes, which shall be paid by Group. For purposes of this contract, "rooms resold by the Hotel" refers to the last rooms sold by the Hotel (i.e., if the Group does not utilize 30 rooms from the room block, and 10 rooms were resold by the Hotel, the payment due will be the revenue on the remaining 20 rooms at the groups rate). The Hotel and Group agree that the payment described above is a reasonable estimate of the Hotel's damage resulting from the non-use of the room block and that the agreed rate is a reasonable estimate of the rate which will be achievable at the time of resale, and the payment does not constitute a penalty. COMPLIMENTARY ROOMS Group will receive one (1) complimentary standard guest room for every (50) occupied, revenue -producing guest rooms on a cumulative basis (total room nights utilized divided by 50). Unused complimentary guest rooms will have no monetary value. ROOM & RELATED CHARGES Guests shall be responsible for their own guest room, tax, and incidental charges upon checkout. RESERVATIONS METHOD INDIVIDUAL RESERVATION BY TELEPHONE All guests shall make reservations directly with the Hotel at 563-6904000 ext. 1 on an individual basis, identifying themselves as members of your group. ROOM GUARANTEE/CANCELLATION A credit card is required to hold everyone's reservation. Such guarantee shall serve to confirm the reservation for the date (s) indicated, and, upon check-out, we will bill the credit card for the stay unless the guest elects to pay with cash. Cancellation must be received at least twenty-four (24) hours prior to arrival and a cancellation number is obtained. If they fail to cancel their reservation, we will charge their credit card for the first night's stay. SCHEDULE OF EVENTS Event held at the Grand River Center. The catering staff at the Grand River Center will handle and detail out the group upon signature of contract. CANCELLATION OPTION Group may cancel this contract without cause upon written notice to the Hotel at any time prior to the event upon payment of an amount based on the following scale: 6-12 months prior to arrival date 3-6 months prior to arrival date 15 days-3 months prior to arrival date 0-14 days prior to arrival date 25% of the anticipated revenue 50% of the anticipated revenue 75% of the anticipated revenue 100% of the anticipated revenue The option to cancel is agreed by the parties to constitute the exercise of a contractual option and not a default. Payment due because of cancellation of this contract under this provision shall be made by Group to the Hotel at the time the contract is canceled by written notice. FORCE MAJEURE The performance of this Agreement by either party is subject to acts of God, government authority, disaster, strikes, civil disorders, or other emergencies, any of which make it illegal or impossible to provide the facilities and/or service for your meeting. It is provided that this Agreement may be terminated for any one or more of such reasons by written notice from one party to the other without liability. INSURANCE The Hotel/Grand River Center and the Group shall obtain and maintain and provide evidence of insurance upon request in amounts sufficient to provide coverage for any liabilities which may arise out of or result from the respective obligations pursuant to this contract. INDEMNIFICATION Each party hereby agrees to indemnify, defend and hold the other harmless from any loss, liability, costs or damages arising from actual or threatened claims or causes of action resulting from the gross negligence or intentional misconduct of such party or its respective officers, directors, employees, agents, contractors, members or participants (as applicable), provided that with respect to officers, directors, employees, and agents, such individuals are acting within the scope of their employment or agency, as applicable. AMERICANS WITH DISABILITIES ACT Both the Group and the Hotel/Grand River Center shall be responsible for compliance with the public accommodation requirements of the Americans with Disabilities Act as defined by law. The Hotel/Grand River Center shall provide, to the extent required by the Act, such auxiliary aids and/or services as may be requested by Group, if Group gives reasonable advance written notice to the Hotel/Grand River Center of such needs. Group shall be responsible for the cost of any auxiliary aids and services (including engagement of and payment to specialized service providers, such as sign language interpreters), other than those types and quantities typically maintained by the Hotel. ARBITRATION -DISPUTE RESOLUTION-ATTORNEY'S FEES Any controversy, claim or dispute arising out of or relating to this Agreement, shall at the option of the Hotel/Grand River Center be settled through non- binding mediation or binding arbitration conducted in accordance with the rules of the American Arbitration Association or through an action brought in any court of competent jurisdiction in the State in which the Hotel/Grand River Center is located for trial and determination by such court sitting without a jury, under the law of such State in either case. In connection with any such litigation, including appellate proceedings, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs. In addition, Group shall be responsible for payment of attorneys' fees and interest associated with the Hotel's efforts to collect moneys owed under the terms of this Agreement. The party's consent to the exclusive authority of a court of competent authority in the State in which the Hotel is located and to service of process outside the State in which the Hotel is located pursuant to the applicable requirements of such court in any matter so submitted to it and THE PARTIES EACH EXPRESSLY WAIVE THE RIGHT TO A TRIAL BY JURY. Anyjudgment or award rendered by the arbitration as referenced above may be entered in any court in the State in which the Hotel is located having authority thereof or in any court having authority over the party against whom judgment is sought to be enforced. Neither party shall under any circumstances be responsible for indirect, consequential, or punitive damages. NOTICE. Any notice required or permitted by the terms of this contract must be in writing. Notice must be sent by certified or registered mail, return receipt requested, or by a recognized overnight courier service with provision for a receipt. Notices shall be deemed effective as of the date shown on the receipt. WAIVER If either patty agrees to waive its right to enforce any term of this contract, it does not waive its right to enforce any other terms of this contract. SIGNATURE This contract constitutes the entire agreement between the parties and may not be amended or changed unless done so in a writing signed by Hotel/Grand River Center and Group. The undersigned represent that they are authorized to sign and enter this contract. ACCEPTED AND AGREED TO Citv of ubu uc Platinum Holdinas. LLC dba/Crtand Harbor Resort & Wateroark By:. r . 16A 12 2Z / Mike V n Milligen, City Manager Ms. Sue Moran, Director of Front Date: 04/05/2022 Date: