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23.04.11 MA Westin Riverfront DocuSign Envelope ID:40B1B832-E846-4623-B2A6-D978C9F2767D THEWESTIN RIVERFRONT RESORT & SPA AVON, VAIL VALLEY Rachel Thompson Catering Sales and Events Manager 126 Riverfront Lane,PO Box 9690 Avon,CO 81620 P: 970-790-2076 F: 970-790-5555 rthompson@westinriverfront.com GROUP SALES AGREEMENT April 11,2023 DESCRIPTION OF GROUP AND EVENT The following represents an agreement between(Hotel)The Westin Riverfront Resort& Spa,Avon,Vail Valley PO Box 9690 126 Riverfront Lane,Avon,CO 81620,970-790-6000 and 2024 Net Zero Building Conference ORGANIZATION: Town of Avon CONTACT: Name: Ineke de Jong Job Title: General Government Manager Street Address: PO Box 975 City, State,Postal Code: Avon CO 81620 Country: United States Phone Number: 970.748.4013 E-mail Address: idejong@avon.org NAME OF EVENT: 2024 Net Zero Building Conference REFERENCE#: M-PK083YQ OFFICIAL PROGRAM DATES: April 8,2024 FUNCTION INFORMATION AGENDA/EVENT AGENDA Based on the requirements outlined by 2024 Net Zero Building Conference,the Hotel has reserved the function space set forth on the below Function Information Agenda/Event Agenda. Date Day Start Time End Time Function Type Set-Up Style Expected Function Space 4/8/2024 Mon 11:00 AM 7:00 PM Exhibits Special 110 Riverside Foyer 4/8/2024 Mon 11:00 AM 7:00 PM Exhibits Special 110 Salon I and II 4/8/2024 Mon 12:00 PM 5:00 PM General Session Theatre 110 Salon III and IV 4/8/2024 Mon 4:00 PM 6:00 PM Reception Cocktail Rounds 110 Riverside Foyer All meeting room, food and beverage, and related services are subject to applicable taxes (currently 8.9%) and service charge(currently 24%)in effect on the date(s)of the event.Service charge is taxable,currently 8.9%.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. 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. DS((�� Page 1 of 6 IflltlaI U MARRIOTT CONFIDENTIAL AND PROPRIETARY INFORMATION updated on 11.29.22 DocuSign Envelope ID:40B1B832-E846-4623-B2A6-D978C9F2767D 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. RENTAL OR SITE FEES Hotel will reduce these fees to$1,000 with an agreed food and beverage minimum of$9,000. 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,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. 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) $9,000.00 Rental Fee/Site Fee: $1,000.00 Total Minimum Revenue: $10,000.00 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. DS Page2of6 Initial Ft,9 MARRIOTT CONFIDENTIAL AND PROPRIETARY INFORMATION updated on 11.29.22 DocuSign Envelope ID:40B1B832-E846-4623-B2A6-D978C9F2767D ADVANCE DEPOSIT SCHEDULE Customer will pay expected charges under this Agreement as follows. Type Due Date I Amount 1st Deposit January 2,2024 100%of total minimum revenue(excluding tax and gratuity)=$10,000.00* *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. 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. TAX EXEMPT STATUS For the Hotel to honor tax exempt status,a valid copy of the appropriate tax-exempt certificate must be provided along with the signed contract.Hotel does not store tax exemption forms long term. 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 April 21, 2023, 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 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 April 8,2024. EVENT PARKING Both valet and self-parking have been reduced to$20 for guests attending the event.However,spaces may be limited and not guaranteed for those not staying 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 $10,000("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 April 8,2024 100% of the total minimum revenue=$10,000.00 Cancellations amounts do not include taxes. 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. DS Page3of6 Initial [7.-1,9 MARRIOTT CONFIDENTIAL AND PROPRIETARY INFORMATION updated on 11.29.22 DocuSign Envelope ID:40B1B832-E846-4623-B2A6-D978C9F2767D 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 Account agree to cooperate with each other to ensure compliance with such laws. DISPUTE RESOLUTION In the event of dispute resolution,the non-prevailing party will pay the other's costs and attorney's fees. LIQUOR LICENSE 2024 Net Zero Building Conference 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 under age. 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 relating to this Agreement and the services provided pursuant to the terms hereof. TECHNICAL SERVICES ENCORE is Hotel's preferred provider for audio/visual needs. 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. 2024 Net Zero Building Conference will obtain all necessary rights and permissions prior to providing personal data Page 4 of 6 Initial MARRIOTT CONFIDENTIAL AND PROPRIETARY INFORMATION updated on 11.29.22 DocuSign Envelope ID:40B1B832-E846-4623-B2A6-D978C9F2767D 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, 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 2024 Net Zero Building Conference's needs. If such special setups or extraordinary formats are requested, Hotel will present 2024 Net Zero Building Conference two (2) alternatives: (1) charging 2024 Net Zero Building Conference the rental cost for additional equipment,or(2)changing the extraordinary setup to a standard format,avoiding the additional cost. 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 2024 Net Zero Building Conference 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 2024 Net Zero Building Conference wishes to hire outside vendors to provide any goods or services at Hotel during the Event,2024 Net Zero Building Conference 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 GROUP,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 2024 Net Zero Building Conference 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 2024 Net Zero Building Conference may use or request to be used at the Hotel. MARRIOTT BONVOY EVENTS Marriott Bonvoy Events provides Points or Miles to eligible Marriott Bonvoy Members who book and hold qualifying meetings and events at Participating Properties. Approximately ten(10)business days after the conclusion of the Event(provided that the Event is not cancelled and Town of Avon has otherwise complied with the material terms and conditions of this Agreement),the Hotel will award Points or Miles to the Member and relevant account identified below.By inserting the airline frequent flyer account information,the recipient elects to receive Miles instead of Points. Marriott Bonvoy Events is not available in certain circumstances,including(1)for any government employee or official booking a government event(U.S.government event or non-U.S.government event);(2)for any employee of a state- owned or state-controlled entity("SOE")booking an event on behalf of the SOE;or(3)for any other planner or intermediary when booking an event on behalf of a non-U.S.governmental entity or SOE.Hotels in the Asia Pacific region are restricted from awarding Points or Miles to any intermediary booking an event on behalf of any governmental entity or SOE. 2024 Net Zero Building Conference must check one option below: P1 The Contact(as identified on page 1 of this Agreement or the Authorized Signer of this Agreement)is eligible to receive Points or Miles. Member Name Marriott Bonvoy Membership Number *If Miles are desired instead of Points,please also provide: r—Ds Page 5 of6 Initial LI,9 MARRIOTT CONFIDENTIAL AND PROPRIETARY INFORMATION updated on 11.29.22 DocuSign Envelope ID:40B1B832-E846-4623-B2A6-D978C9F2767D Participating airline name Participating airline frequent flyer account number OR The Contact(as identified on page 1 of this Agreement or the Authorized Signer of this Agreement)declines or is not eligible to receive Points or Miles and hereby waives the right to receive Points or Miles in connection with the Event. The individual identified above to receive either Points or Miles may not be changed without such individual's prior written consent.The number of Points or Miles to be awarded shall be determined pursuant to the Marriott Bonvoy Terms and Conditions(the"Terms and Conditions"),as in effect at the time of award.All Marriott Bonvoy Terms and Conditions apply.The Terms and Conditions are available on-line at https://www.marriott.com/loyalty/terms/default.mi and may be changed at the sole discretion of Marriott International,Inc.at any time and without notice.Capitalized terms used in this section have the meanings given to them in the Terms and Conditions. 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 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 2024 Net Zero Building Conference,this document is an invitation by the Hotel to 2024 Net Zero Building Conference to make an offer. Upon signature by 2024 Net Zero Building Conference,this document will be an offer by 2024 Net Zero Building Conference. Only upon signature of this document by all parties will this document constitute a binding agreement. Unless the Hotel otherwise notifies 2024 Net Zero Building Conference at any time prior to 2024 Net Zero Building Conference's execution of this document,the outlined format and dates will be held by the Hotel for 2024 Net Zero Building Conference on a first-option basis until April 21,2023.If 2024 Net Zero Building Conference 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,2024 Net Zero Building Conference 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 2024 Net Zero Building Conference: Name: (Print) ineke de Jong Title: (Print) General Government Manager ,-DocuSigned by: Signature: lneke dt, 1L3727O4 66... Date: /{� [/L [3 Approved and authorized by Westin Riverfront Resort and Spa,Avon Vail Valley Name: (Print) Rachel Thompson Title: (Print) Catering, Sales & Event Manager p"D�ocuSigned by: Signature: �iC.�t.2 �4.n poen Date: 7�g7�t9 ADS Page 6 of Initial LIJ,9 MARRIOTT CONFIDENTIAL AND PROPRIETARY INFORMATION updated on 11.29.22