22.09.07 Sales Agreement Westin, Govt Gettogether DocuSign Envelope ID:4FD68855-65EF-44E0-BB30-63CAD753F18A
THEWESTIN
RIVERFRONT
RESORT & SPA
AVON, VAIL VALLEY
Jing Butler
Associate Director of Sales
126 Riverfront Lane,PO Box 9690
Avon,CO 81620
P: 970-790-2019
F: 970-790-5555
jbutler@westinriverfront.com
GROUP SALES AGREEMENT
September 7,2022
DESCRIPTION OF GROUP AND EVENT
The following represents an agreement between The Westin Riverfront Resort& Spa, Avon, Vail Valley, 126 Riverfront
Lane,PO Box 9690,Avon,CO, 81620,(970)790-6000,and Town of Avon.
ORGANIZATION: Town of Avon
CONTACT:
Name: Eric Heil
Job Title: Town Manager
Street Address: 100 Mikaela Way P.O Box 975
City, State,Postal Code: Avon,CO 81620
Country/Region: USA
Phone Number: (970)748-4004
E-mail Address: eric@avon.org
ONSITE&BILLING CONTACT:
Name: Ineke de Jong
Job Title: General Government Manager
Street Address: 100 Mikaela Way P.O Box 975
City, State,Postal Code: Avon,CO 81620
Country/Region: USA
Phone Number: (970)748-4013
E-mail Address: idejong@avon.org
NAME OF EVENT: Town of Avon Local Government Get Together(Catering Only)
REFERENCE#: M-O3XQAU6
OFFICIAL PROGRAM DATES: Monday, 11/28/2022
MASTER ACCOUNT
Hotel will set up a"Master Account"for Group for payment of charges under this Agreement. Group must review all
charges billed to the Master Account to ensure accurate billing.
PAYMENT OF MASTER ACCOUNT
Unless direct billing has been established,Group will pay the estimated amount of the Master Account as shown on the
deposit schedule. Group will advise Hotel of its expected method of payment of the Master at the time of signing the
contract If Customer will pay using a credit card honored by Hotel,a valid credit card must be provided
to Hotel no later than 9/14/2022 and all Master Account charges will be charged to such credit card at departure.
Any amounts not paid at departure will accrue interest at 11/2%per month from the date of departure. Upon application
And review by Hotel,Hotel may elect to extend direct billing privileges to Customer. If direct billing has been
established,payment of all undisputed amounts is due within 30 days of Customer's receipt of invoice from Hotel,and if
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not paid within 30 days will accrue interest at 1'/2%per month from date of departure.Customer must notify Hotel of any
disputes within 5 business days of Customer's receipt of invoice from Hotel or disputes will be considered waived. If
Hotel determines after establishing direct billing or a deposit schedule that Customer's credit status has changed
negatively,Hotel may require payment of all estimated Master Account charges no later than 5 days before 11/28/2022
FUNCTION INFORMATION AGENDA/EVENT AGENDA
Based on the requirements outlined by Group, the Hotel has reserved the function space set forth on the below Function
Information Agenda/Event Agenda.
Start End
Date Day Time Time Function Type Setup People Function Space
11/28/2022 Mon 5:30 PM 10:00 PM Dinner Special 100 Restaurant
All meeting room,food and beverage,and related services are subject to applicable taxes(currently 8.4%)and service charge
(currently 24%)in effect on the date(s)of the event.All food and beverage served in the Hotel must be purchased from the
Hotel. The Westin is a"linen-less"meeting resort. Our banquet table set-up provides a crisp, eco-friendly aspect to your
event and is just one more of our approaches to being environmentally and community-focused. Group can rent or bring
linens for the event.
Restaurant and Terrace Food & Beverage Minimum: A minimum purchase of$9,000 (exclusive of tax and gratuity) is
required in order to secure the Restaurant for a private reception and dinner event. A site fee of$2,000 will be charged to
cover moderate room sets if the final guarantee is more than 130 guests. Furniture cannot be removed in the restaurant or
on the patio.
ASSIGNMENT OF FUNCTION SPACE
Hotel will provide Group with Function Space in accordance with the schedule of events,based on the contracted number
of people attending the event. Hotel may make reasonable substitutes to Function Space by notifying Group.
BANQUET EVENT ORDERS
Hotel will provide Customer with Banquet Event Orders(`BEOs")that specify and confirm the specific details and terms
and conditions for each event including,final menu selections,pricing,room set up and decor.
ACCESS TIME
Vendors have a guaranteed access time of 2:00pm on the event date.If possible,hotel may allow earlier access time.
MINIMUM BANQUET FOOD AND BEVERAGE REVENUE REQUIREMENT
Group agrees to minimum banquet food and beverage revenue of$9,000,exclusive of tax and service charge(the"Minimum
Banquet Food and Beverage Revenue"). Hotel will confirm the food and beverage prices 30 days prior to Group's arrival
date.
MINIMUM REVENUE
This Agreement will generate revenue for Hotel from a variety of sources, including food & beverage, and charges for
ancillary services.The minimum revenue anticipated by Hotel under this Agreement(excluding taxes and other charges)is:
Event Food and Beverage(excluding taxes, service charge,and administrative charges) $9,000
Total Minimum Revenue: $9,000
If Customer does not fulfill all of its commitments or cancels this Agreement,Customer agrees that Hotel will suffer damages
that will be difficult to determine. The"Cancellation"provisions 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.
ADVANCE DEPOSIT SCHEDULE
Customer will pay expected charges under this Agreement as follows.
Type Due Date Amount
1st Deposit Contract signing 100% of total food and beverage minimum revenue (excluding tax
and gratuity)=$9,000
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*Any remaining amount based on final event order guarantees is due 5 days prior to event dates. Estimate balance is subject
to change. The Westin Riverfront Resort & Spa reserves the right to withhold any products or services until full
payment is made.
SPECIAL CONCESSIONS:
Hotel will provide the following concessions if 100%of the Minimum Food&Beverage Revenue is received.
- 10%discount on the current 2022 banquet menu,excluding alcohol.The service charge will be calculated based
on the full price. Group also has the option to customize an existing menu, discount does not apply to the
customized menu.
- Reduce parking fee(self and valet) to$20 for the guests attending the event
GUARANTEE
You will provide us with a Guarantee of the exact number of persons who will attend your event.Guarantees must be submitted
via facsimile or email to your Catering Manager by 11 a.m. local time(5)full business days prior to an event.At the event,if
the number of guests served is less than the Guarantee,you are responsible for the number guaranteed.If the number of guests
served is greater than the Guarantee,you are responsible for the total number of guests served. If your guaranteed attendance
increases by more than 3%within two(2)business days prior to your event,the Hotel reserves the right to charge 20%surcharge
on menu prices due to increased costs incurred.Additionally,the contracted menu items may not be available for the additional
guests added.
LABOR CHARGES
You will be billed for the following labor per person,per hour plus tax:
Chefs for Food Stations(Carving,Omelet,etc.): $150.00/chef
Bar Labor: $150.00 per bartender.We require one bartender for every 75 guests
Additional labor charges may apply for additional services requested,event changes made less than 48 hours in advance or for
extraordinary cleaning required by the use of decorative materials.
DISPLAYS,DECORATIONS,ENTERTAINMENT
All displays, exhibits, decorations, equipment, musicians/entertainers must enter the Hotel via loading dock. Delivery time
must be coordinated with the Hotel in advance. Special ingress and egress,insurance and security requirements may apply in
the case of events with decor, sets, special lighting or special sound;please consult with your Catering and Service Manager
prior to finalizing such arrangements. Nothing may be attached to the walls and ceilings. A walk through is to be arranged
with a designated person and Hotel representative after the dismantling. You are responsible for obtaining all applicable Fire
Marshall approval or permits required for your event. You are also responsible for obtaining all required ASCAP or BMI
licenses for entertainment or music performances at your event.
DAMAGE TO FUNCTION SPACE
Group agrees to pay for any damage to the function space that occurs while Group is using it. Group will not be responsible,
however,for ordinary wear and tear or for damage that it can show was caused by persons other than Group and its attendees.
OUTSIDE FOOD AND BEVERAGE POLICY
All food and beverages served at functions associated with the Event must be provided,prepared,and served by Hotel,and
must be consumed on Hotel premises.
PARKING
Valet and self-parking will be reduced to$20 per car for guests attending the event. Please note that spaces may be limited
at the resort. Carpooling and/or alternate transportation is strongly encouraged.
CANCELLATION
Group agrees that the total charges for the Food&Beverage and other related contracted hotel services is estimated at
$9,000("Hotel Charges").This amount should be your total minimum revenue.
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 Cancellation Charges amounts indicated below:
From the agreement date to the arrival 100%of the total minimum revenue=$9,000
Cancellations amounts do not include taxes.
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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.
IMPOSSIBILITY
The performance of this Agreement is subject to termination without liability upon the occurrence of any circumstance
beyond the control of either party—such as acts of God, war, acts of terrorism, government regulations, disaster, strikes,
civil disorder,or curtailment of transportation facilities—to the extent that such circumstance makes it illegal or impossible
for the Hotel to provide,or for groups in general to use,the Hotel facilities. The ability to terminate this Agreement without
liability pursuant to this paragraph is conditioned upon delivery of written notice to the other party setting forth the basis for
such termination as soon as reasonably practical-but in no event longer than ten(10)days-after learning of such basis.
COMPLIANCE WITH LAW
This Agreement is subject to all applicable federal, state, and local laws, including health and safety codes, alcoholic
beverage control laws, disability laws, federal anti-terrorism laws and regulations, and the like. Hotel and Town of Avon
agree to cooperate with each other to ensure compliance with such laws.
CHANGES,ADDITIONS,STIPULATIONS,OR LINING OUT
Any changes, additions, stipulations or deletions including corrective lining out by either Hotel or Town of Avon will not
be considered agreed to or binding on the other unless such modifications have been initialed or otherwise approved in
writing by the other.
LITIGATION EXPENSES
The parties agree that, in the event litigation relating to this Agreement is filed by either party,the non-prevailing party in
such litigation will pay the prevailing party's costs resulting from the litigation,including reasonable attorneys' fees.
LIQUOR LICENSE
Town of Avon understands that Hotel's liquor license requires that beverages only be dispensed by Hotel employees or
bartenders. Alcoholic beverage service may be denied to those guests who appear to be intoxicated or are underage.
COMPLIANCE WITH EQUAL OPPORTUNITY LAWS
This section describes Marriott's obligations as a U.S.federal contractor. It does not apply to customers that are not part of
the U.S. federal government or using funds from the U.S.federal government for this contract.
Marriott shall comply with all applicable laws,statutes,rules,ordinances,codes,orders and regulations of all federal,state,
local and other governmental and regulatory authorities and of all insurance bodies applicable to the Hotel premises in
performing its obligations under this Agreement.
Marriott(referred to as"contractor"in this section)shall comply with Executive Order 11246,as amended, Section 503 of
the Rehabilitation Act of 1973, as amended, and the Vietnam Era Veterans' Readjustment Assistance Act, as amended,
which are administered by the United States Department of Labor ("DOL"), Office of Federal Contract Compliance
Programs("OFCCP").The equal employment opportunity clauses of the implementing regulations,including but not limited
to 41 C.F.R. §§ 60.1-4, 60-300.5(a), and 60-741.5(a), are hereby incorporated by reference, with all relevant rules,
regulations and orders pertaining thereto. This contractor and subcontractor shall abide by the requirements of 41
C.F.R. §§60-1.4(a), 60-300.5(a) and 60-741.5(a). These regulations prohibit discrimination against qualified
individuals based on their status as protected veterans or individuals with disabilities, and prohibit discrimination
against all individuals based on their race,color,religion,sex,sexual orientation,gender identity,or national origin.
Moreover, these regulations require that covered prime contractors and subcontractors take affirmative action to
employ and advance in employment individuals without regard to race,color,religion,sex,sexual orientation,gender
identity,national origin,protected veteran status or disability.
Marriott also shall comply with Executive Order 13496 and with all relevant rules,regulations and orders pertaining thereto,
to the extent applicable. The employee notice clause and all other provisions of 29 C.F.R.Part 471,Appendix A to Subpart
A,are hereby incorporated by reference.
To the extent applicable,Marriott shall include the provisions of this section in every subcontract or purchase order so that
such provisions shall be binding upon each contractor, subcontractor or vendor performing services or providing materials
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relating to this Agreement and the services provided pursuant to the terms hereof.
PRIVACY
Marriott International,Inc.("Marriott")is committed to complying with obligations applicable to Marriott under applicable
privacy and data protection laws, including to the extent applicable EU data protection laws. Hotel shall comply with the
then-current Marriott Group Global Privacy Statement (the "Privacy Statement," currently available at
http://www.marriott.com/about/privacy.mi)with respect to any personal data received under this Agreement.
Without limiting the foregoing obligation,Hotel has implemented measures designed to: (1)provide notice to individuals
about its collection and use of their personal data,including through the Privacy Statement;(2)use such personal data only
for legitimate business purposes;(3)provide means by which individuals may request to review, correct,update,suppress,
restrict or delete or port their personal data, consistent with applicable law; (4) require any service providers with whom
personal data is shared to protect the confidentiality and security of such data; and (5) use technical and organizational
measures to protect personal data within its organization against unauthorized or unlawful access, acquisition, use,
disclosure,loss,or alteration.
Town of Avon will obtain all necessary rights and permissions prior to providing any personal data to Hotel, including all
rights and permissions required for Hotel, Hotel affiliates, and service providers to use and transfer the personal data to
locations both within and outside the point of collection(including to the United States)in accordance with Hotel's privacy
statement and applicable law. Notwithstanding any other provision,Hotel may use an individual's own personal data to the
extent directed by,consented to or requested by such individual.
IN-HOUSE EQUIPMENT
Hotel will provide,at no charge,a reasonable amount of meeting equipment(for example,chairs,tables,chalkboards,etc.).
These complimentary arrangements do not include special setups or extraordinary formats that would deplete Hotel's present
in-house equipment to the point of requiring rental of an additional supply to accommodate Town of Avon's needs. If such
special setups or extraordinary formats are requested, Hotel will present Town of Avon two (2) alternatives: (1) charging
Town of Avon the rental cost for additional equipment,or(2)changing the extraordinary setup to a standard format,avoiding
the additional cost.
TECHNICAL SERVICES
ENCORE is Hotel's preferred provider for audio/visual needs.
UNATTENDED ITEMS/ADDITIONAL SECURITY
The Hotel cannot ensure the security of items left unattended in function rooms. Special arrangements may be made with
the Hotel for securing a limited number of valuable items. If Town of Avon requires additional security with respect to such
items or for any other reason,the Hotel will assist in making these arrangements. All security personnel to be utilized during
the Event are subject to Hotel approval.
USE OF OUTSIDE VENDORS
If Town of Avon wishes to hire outside vendors to provide any goods or services at Hotel during the Event,Town of Avon
must notify Hotel of the specific goods or services to be provided and provide sufficient advance notice to the Hotel so that
the Hotel can (i) determine, in Hotel's sole discretion, whether such vendor must provide Hotel, in form and amount
reasonably satisfactory to Hotel, an indemnification agreement and proof of adequate insurance, and (ii) approve, using
reasonable judgment,the selection of the outside vendor and the goods or services to be provided by such outside vendor to
Town of Avon, taking into consideration: (a) whether Hotel offers such goods and services; (b) the risk level posed by
certain activities;and(c)the safety and well-being of guests at Hotel.
PERFORMANCE LICENSES
Town of Avon will be solely responsible for obtaining any necessary licenses or permission to perform,broadcast,transmit,
or display any copyrighted works (including without limitation, music, audio, or video recordings, art, etc.)that Town of
Avon may use or request to be used at the Hotel.
HIGH RISK ACTIVITIES
Hotel has committed to providing the room nights and function space, as applicable, set forth in this Agreement based on
information about the event that Town of Avon has given to the Hotel.Town of Avon agrees that it has presented all material
information required in order for Hotel to provide the rooms and facilities set forth in this Agreement. Should Hotel,in its
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sole reasonable discretion, determine at any time that the Event will include a high-risk activity that was previously
undisclosed to the Hotel(including by way of example,and not by limitation,biological agents,pyrotechnics, etc.),Hotel
may terminate this Agreement immediately and without liability,upon written notice to Town of Avon.
ACCEPTANCE
When presented by the Hotel to Town of Avon,this document is an invitation by the Hotel to Town of Avon to make an
offer. Upon signature by Town of Avon, this document will be an offer by Town of Avon. Only upon signature of this
document by all parties will this document constitute a binding agreement. Unless the Hotel otherwise notifies Town of
Avon at any time prior to Town of Avon's execution of this document, the outlined format and dates will be held by the
Hotel for Town of Avon on a first-option basis until 9/14/2022. If Town of Avon cannot make a commitment prior to that
date,this invitation to offer will revert to a second-option basis or,at the Hotel's option,the arrangements will be released,
in which case neither party will have any further obligations.
Upon signature by both parties, Town of Avon and the Hotel shall have agreed to and executed this Agreement by their
authorized representatives as of the dates indicated below.
SIGNATURES
Approved and authorized by Town of Avon:
Eric Heil
Name: (Print)
Title: (Print) E r i c Hell
e—DocuSigned by:
Signature: lt,w
9765 032 1EC32416...
Date:
Approved and authorized by Hotel:
ling Butler
Name: (Print)
Title: (Print) Associate Di rector of Sales
[L)ititi DocuSiegned by:
Signature: 9/201a9 86252CA740B
Date: ...
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