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Home My WebLink AboutHOTEL ZESSA A DOUBLE TREE BY HILTONINSURANCE NOT REQUIRED WORK MAY PROCEED CITY CLERK DATE: MAR 0 7 2925 �'. cprt Cbi zessa MEETING & EVENT CONTRACT rvame: Alvaro Nunez Title: City Manager Company Name: CITY OF SANTA ANA Address: 20 Civic Center Plaza M-25 City, State, Zip: Santa Ana, CA 92701 Phone: (714) 647-6585 (714)647-5385 E-Mail: Jcastro@santa-ana.org gcramer@santa-ana.org Onslte Contact: N-2025-055 Agreement for: Date(s) of Program: 03/28/25 - 03/30/25 Page 1 of 6 Hotel Name: Hotel Zessa A Double Tree by Hilton Sales Manager: LeLani Duckwitz Title: Catering Sales Manager E-Mail: lelani.duckwitz@hotelzessa.com Event Name: City of Santa Ana Business Expo Event Dates: Friday, March 28, 2025 - Sunday, March 30, 2025 The following contract ("Contract") between: The City of Santa Ana ("City" or "Group") and (Hotel) outlines the details of the City of Santa Ana Business Expo, scheduled to take place at Hotel Zessa. Once you sign and return this letter with the required deposit of $10,000, your reservation will be confirmed. This signed letter is due no later than 5:00pm on Friday, March 7, 2025. All deposits and payments are non-refundable and will be applied towards any liquidated damages due to the hotel pursuant to the cancellation policy of this agreement. EVENT SPACE SPECIFICATIONS D"ate Start Time . ERd Time : Function- - Room ' I 3Ct) Friday 8:00 AM 10:00 AM Setup Ballroom A, B Exhibition - 3/28/2025 Table To Friday 8:00 AM 7:00 PM Room Hold Clementine Existing 3/28/2025 Boardroom Setup Friday 8:00 AM 7:00 PM Activities/Recreation Pre -Function Existing 3/28/2025 Setup Friday 10:00 AM 7:00 PM Exhibition/Trade Show Ballroom A, B Exhibition - 150 3/28/2025 24-hour Hold Table To Friday 4:00 PM 7:00 PM Reception Citra Bar & Kitchen Existing 30+ 3/28/2025 Setup Saturday 8:00 AM 10:00 AM Setup Ballroom A, B Exhibition - 3/29/2025 Table To Saturday 8:00 AM 5:00 PM Room Hold Clementine Existing 3/29/2025 Boardroom Setup Saturday 8:00 AM 7:00 PM Activities/Recreation Pre -Function Existing 3/29/2025 Setup Saturday 10:00 AM 7:00 PM Exhibitionri-rade Show Ballroom A, B Exhibition - 150 3/29/2025 24-hour Hold Table To Saturday 4:00 PM 7:00 PM Reception Citra Bar & Kitchen Existing 30+ 3/2912025 Setup Sunday 8:00 AM 10:00 AM Setup Ballroom A, B Exhibition - 3/30/2025 Table To Sunday 8:00 AM 1 4:00 PM Activities/Recreatlon Pre -Function Existing 3/30/2025 Setup Sunday 10:00 AM 4:00 PM Exhibition/Trade Show Ballroom A, B Exhibition - 150 3/30/2025 1 1 1 Table To Sunday 1 8:00 AM 4:00 PM Room Hold Clementine 1 Existing 3/30/2025 1 1 Boardroom Setu SPECIAL CONCESSIONS In appreciation of your business, we are pleased to provide the following concessions: Agreement for: Date(s) of Program: 03128126 - 03130125 Page 2 of 6 • Complimentary 2nd & 314 day use of in-house provided projection package, sound system with (1) microphone and (2) speakers, and a 4-channel mixer for projection sound • Complimentary use of hotel staging • Complimentary Use of Clementine Boardroom Each Day, 8am-5pm • Complimentary 10 Parking Spaces In Upper Lot each day for VIPs • Complimentary use of event parking lot • Shuttle to/from Event Parking Lot may be reserved each day at $50 per hour for 1 hour arrival and 1 hour departure FOOD AND BEVERAGE MINIMUM GUARANTEE Based on the approximate number of guests set forth above, a minimum of $15,000 must be spent in food and beverage at your function(s). This minimum revenue does not Include service charge, sales tax, labor charges, audlolvisual, parking or any miscellaneous charges Incurred. Should your final count drop below the approximate number of guests listed above, we will be happy to advise you on additional alternatives In food and beverage which will bring you to the agreed upon minimum revenue figures for your function. If you stlll are not able to fulfill your food and beverage minimum, the difference will be charged as room rental. ROOM ASSIGNMENT The Hotel Zessa A Double Tree by Hilton reserves the right to assign another room for CITY OF SANTA ANA function in the event the room originally designated for such function shall be unavailable or inappropriate, at the Hotel's sole discretion. ADDITIONAL FEE DETAILS All banquet services are subject to a 25% service charge, subject to tax of 9.26%, of which 15% Is allocated to service personnel and 10% Is retained by Hotel. This service charge is applied to all food and beverage consumed in event space. All room rental and AV fees are subject to 9.25% sales tax. ALTERNATIVE ACCOMMODATIONS The Hotel reserves the right to accommodate the Group, or any part thereof, at another Hilton Branded property or other hotel of comparable or superior standing within ten (10) mile radius of the Hotel. The decision to exercise the Hotel's right to provide alternative accommodation shall be left to the sole discretion of the Hotel, which will notify the Group of any changes at least thirty (30) days prior to the scheduled event. Alternative accommodation will be provided at no extra charge to the Group, regardless of any additional cost of such accommodation. Should the Hotel choose to provide alternative accommodation to only part of the group, the Hotel will provide necessary transportation services at no extra charge to the Group. GUARANTEED ATTENDANCE In arranging private functions, final attendance must be received by the Catering office no later than 11:00am three (3) working days prior to the commencement of the function. This number will be considered a guarantee, not subject to reduction, and charges will be made accordingly. All federal and local taxes and charges which may be imposed or be applicable to this agreement and to the services rendered by the Hotel are in addition to the prices herein agreed upon, and the Customer agrees to pay them separately, OUTSIDE FOOD AND BEVERAGE Due to state law, customers are not permitted to bring to the Hotel, any alcoholic beverages. Outside food and beverage is strictly prohibited, unless the group has received prior written approval from the hotel. Any group found bringing in their own food and/or beverages to and of our meeting or public space, without prior approval, will be assessed a $250.00 service fee, plus $30.00 per person that the meeting was set for. All banquet services are subject to a 25%n service charge, subject to tax of 9.25%, of which 16% is allocated to service personnel and 10% Is retained by Hotel. This service charge Is applied to all food and beverage consumed In event space. AUDIO VISUAL All third -party audio-visual vendors planning to work within our facility must contact our conference services manager with electrical requirements no less than (14) days prior to loading. Should the group provide their own projector, then a projection support package is required at $175.00 per day, plus service charge and tax for each, and outside audio-visual fee will be waived. All AV fees are subject to 9.25% sales tax. Agreement for; Date(s) of Program; 03/28/25 - 03/30/25 Page 3 of 6 ATTRITION CLAUSE If the group food and beverage should fall short of utilizing 80 percent of the original group commitment or should any food and beverage function be deleted from your agenda, we reserve the right to review and adjust the special rates offered, and/or a charge for meeting space may result. EVENT SERVICES MANAGER The hotel operates a full -service Event Services Department. A service manager will be assigned to your group to assist you in coordinating all aspects of your meeting from Inception to completion. Your ESM offers a Daily Meetings Debrief to assist you with all your billing, service and catering needs while you are here for your event. This person will be your primary contact with the hotel and will function as your personal representative. CANCELLATION We will reserve your contracted guest rooms and function/meeting space, according to the schedule of events, to the exclusion of other business opportunities once space Is considered definite, If the hotel is advised that this definite commitment is canceled, liquidated damages will be charged. The amount will be based upon a percentage of total hotel estimated revenue, plus applicable taxes. Estimated revenu6 is calculated by multiplying the group room rate and contracted block then adding the sum of estimated food and beverage losses based on anticipated attendance noted. Contract Signing to 366 days out 40% of anticipated revenues 365 days to 181 days out 60% of anticipated revenues 180 days to 91 days out 70% of anticipated revenues 90 days to 31 days out 80% of anticipated revenues 30 days to date of arrival 100% of antic) ated revenues SHIPPING/RECEIVING Please be advised that any shipments made to the hotel must be labeled with the recipients' name, hotel contact name, group affiliation and event date. Package handling for conference materials and other related packages will be assessed as a labor fee of $4.00 per box or $100 per pallet roundtrip. In addition, the hotel cannot receive any materials prior to 4 days before arrival. Shipments received before that date might be subject to a $2,00 per day package storage charge. Stringent local regulations make it Impossible for us to store hazardous and/or flammable materials on the hotel premises. Any costs associated with the receipt, storage or cleanup/disposal of shipment materials from group/exhibitors or third -party vendors shall be invoiced directly to the group/exhibitor or vendor at the conclusion of program. Arrangements must be made with the carrier of your choice to remove all empty crates, cases or containers from the hotel during the exhibit/program. PAYMENT IN ADVANCE The Invoice, attached hereto as Exhibit A and incorporated herewith, reflects the parties agreed upon charges for the event. Should additional food, beverages, or services be added to the event, the total amount of this Contract shall not exceed $27,000. Any additional food, beverages or services, that are not already Included in Exhibit A, will require prior approval from the City. Unless you have established credit In advance with us, you will pay the entire contract price by credit card or certified check at least three days prior to your function or by personal bank check two weeks prior to your function. If you prefer, all charges can be paid by credit card. Our hotel accepts American Express, Diners Club, Discover Card, Master Card, or Visa. The Hotel accepts payment via ACH, certified check, or credit card. Please note credit card transactions are subject to a 3% fee. In the event that the customer selects Items which the Hotel must special order for the Customer's event, the Customer shall be liable for an increase In any costs related to such items which occur after the signing of the Agreement. The Customer expressly grants the right to the Hotel to raise the prices herein quoted or to make reasonable substitutions for the event. The Hotel, whenever possible, shall provide the Customer with prior written notice of such increase and the right to decide between the Increased prices or to accept reasonable substitutions. Agreement for: Date(s) of Program: 03/28/25 - 03/30/25 Page 4 of 6 INDEMNIFICATION & INSURANCE Hotel and Group each agree to carry and maintain and provide evidence of liability and other insurance in amounts sufficient to provide coverage against any claims arising from any activities arising out of or resulting from the respective obligations pursuant to this contract. Group's Insurance policy shall name Hotel as an additional Insured. Damage to the Hotel premises by the Group or appointed contractors will be the Group's responsibility. Group will accept full responsibility for any damages resulting from any action or omisslon of their Individual attendees In conjunction with organized group activities. The Hotel is not responsible for any loss or damage no matter how caused, to any samples, displays, properties, or personal effects brought Into the Hotel, and/or for the loss of equipment, exhibits or other materials left In meeting rooms. The Hotel reserves the right to approve all outside contractors hired for use by the Group In the Hotel and may have a list of approved contractors and vendors. The Hotel must be notified in advance of any proposed vendor. The Hotel reserves the right to advance approval of all specifications, Including electrical requirements, from all outside contractors and to charge a fee for outside services brought Into the Hotel. The Group and/or outside contractors must provide proof of worker's compensation Insurance for employees who will work on Hotel premises and proof of adequate general liability coverage for the Group and/or outside contractors' activities while on Hotel's premises, and must comply with all other similar requirements the Hotel deems appropriate, in its sole discretion, regarding use of function space, facilities and use of Hotel services. The Hotel shall Indemnify, defend and hold harmless the Group and its officers, directors, partners, agents, members and employees from and against any and all demands, claims, damages to persons or property, losses and liabilities, Including reasonable attorney's fees (collectively "Claims") arising out of or caused by the Hotel's negligence In connection with the provision of services or the use of the Hotel facilities, except to the extent and percentage attributable to the Group's or its members', agents', employees', or Exhibitors' negligence. The Hotel shall not have waived or be deemed to have waived, by reason of this paragraph, any defense which it may have with respect to such claims. COMPLIANCE The Group covenants and agrees that the Group (a) shall strictly comply with all laws, orders, rules and regulations relating to the use and occupancy or the Hotel property, (b) will not allow the Hotel property to be used for any purpose other than the specific use permitted under this Agreement, (c) will not permit the Hotel property to be used for any improper, unlawful or objectionable purposes and (d) will not cause, maintain or permit any nuisance in, on or about the Hotel property. DAMAGES The Customer agrees to be responsible for any damage done to the function room or any other part of the hotel by the Customer, his guest(s), invitees, employees, independent contractors or other agents under the Customer's control. The Hotel will not assume or accept any responsibility for any damage done to the function room or any other part of the Hotel prior to, during or following the Customer's function. The Hotel will not assume or accept any responsibility for damage to or loss of any merchandise or articles left in the Hotel prior to, during or following Customer's function. PERMITS/LICENSES In the event that Customer's function requires a permit or license from any governing body (local, state or federal), Customer is solely responsible for obtaining such license or permit at Customer's expense. OUTDOOR EVENTS The hotel does not allow groups to hold events outside on hotel grounds or adjacent areas. Use of outdoor space for any event regardless of the length of time requires special permits and pre -approval by the city. Requests for use of outdoor space must be made In writing to the general manager of the hotel a minimum of 90- days in advance and will be considered on a case -by -case basis, SHUTTLE SERVICE Hotel offers complimentary shuttle service to/from the Orange County Airport and within 3 miles of the hotel upon availability. Hours of operation are 5:30am-10:30pm. The shuttle capacity Is 11 passengers per shuttle. As an obligation to our regular guests, the Airport shuttle service is our first priority, and all other courtesy transportation Agreement for: Date(s) of Program: 03/28/25.03/30/25 Page 6 of 6 Is scheduled around this. Groups that desire a scheduled shuttle to a particular location within the 3 miles will be subject to a fee of $80.00 round-trip or $40.00 one way (maximum of 2 trips each way) and are based upon availability at time of booking. Group shuttles must be scheduled a minimum of 7 business days prior to the date needed in order for the hotel to be able to staff accordingly. Any shuttles scheduled within the 7-day window will be based on time availability the day of event and may not be guaranteed. SECURITY We have no Insurance for and are not responsible for any loss or damage to your property, If required, In our sole judgment, In order to maintain adequate security measures In light of the size and/or nature of your function, you will provide, at your expense, security personnel supplied by a reputable licensed guard or security agency doing business in the city or county In which we are located, which agency will be subject to our prior approval. Such security personnel may not carry weapons. For the safety of persons and property, no fireworks, open flames or Incendiary devices may be used Indoors at the hotel Group agrees to comply with all applicable federal, state and local laws, including health and safety codes and federal anti -terrorism laws and regulations including all provisions of the Patrlot Act and regulations of the U.S. Department of Homeland Security and the Office of Foreign Assets Control. Group agrees to cooperate with Hotel and any relevant governmental authority to ensure compliance with such laws. AUXILIARY AID The Hotel represents, and you acknowledge that the Hotel facilities being rented for you including guest rooms, common areas and transportation services will be in compliance with our public accommodation requirements under the Americans with Disabilities Act. You agree that one week in advance you will furnish us with a list of any auxiliary aids needed by your attendees In meeting or function space. You agree to pay all charges associated with the provision of such aid. When your attendees make room reservations, please ask them to notify us of their auxiliary aid needs so that we may notify you as to the names of businesses with which you may contract to obtain that aid. PROMOTIONAL CONSIDERATIONS We have the right to review and approve any advertisements or promotional materials in connection with your function that specifically reference any name or logo of the Hilton family of hotel brands. FORCE MAJEURE No damages shall be due for a failure of performance occurring due to Acts of God, war, terrorist act, government regulation, riots, disaster, or strikes, any one of which make performance Impossible. The Hotel shall have no liability for power disruptions of any kind. ARBITRATION The parties agree that any dispute In any way arising out of or relating to this contract, other than disputes Involving patents, trademarks, trade dress, copyrights, trade secrets, false advertising, false representation, unfair competition and/or infringement of intellectual property rights, will be resolved by arbitration before JAMS/ENDISPUTEO or the American Arbitration Association, pursuant to the organization's rules in the state and city in which the hotel Is located and pursuant to that State's law as the governing law. The parties agree that any arbitration award will be enforceable In state or federal court. The prevailing party in any arbitration or court proceeding will be entitled to an award of its reasonable costs and attorney fees and pre and post judgment interest. CONCLUSION This contract and any attachments constitute the entire contract between the parties with respect to the subject matter hereof and shall supersede all previous proposals both oral and written, negotiations, representations, commitments and other communications between parties. This contract may not be released, discharged, changed or modified except In writing and signed by duly authorized representatives of both parties. When signed by representatives of both parties, this Letter of Agreement will constitute a binding contract between CITY OF SANTA ANA and the Hotel. All arrangements are being held on a tentative basis. To confirm on a definite basis, please sign and return the original copy of this contract otherwise arrangements will be canceled. Upon receipt, I will countersign and send you a fully executed contract. The photocopy has been included for your reference while the executed contract Is being processed. Our team looks forward to serving youl Agreement for: Date(s) of Program: 03/28/25 - 03/30/25 Page 6 of 6 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and written below. ��jj By For: Hotel Zessa A Double Tree by Dated: 3 a tG Hilton eL3 i Duckwitz, Catering ales Manager ATTEST: APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney 13y,(A dkt4 4 1�44.0 -� Andrea Garcia -Miller Assistant City Attorney CITY OF SANTA ANA Alvaro Nuriez City Manager RECOMMENDED FOR APPROVAL: Michael L. Garcia Executive Director Community Development Agency EXHIBIT A City of Santa Ana 1-1 O T E l Group: Economic Development r� e s s a Date: 03.28.25 - 03.30.25 L/ Doum m r-Tltttr t,_, mim, Make check payable to: DoubleTree by Hilton Santa Ana INVOICE Remit Payment E. MACARTHUR BLVD, Santa Ana, CA 92707 Covers Description Unit Price Total March 28, 2025 -10am-7pm, Sam Set $ 1 Food & Beverage Spend for Comp Room Rental $ 5,000.00 $ 5,000.00 Stage, Ballroom AB & Prefunctioin - 24-Hour Hold $ - March 29, 2025 -10am-7pm, Sam Set $ - 1 Food & Beverage Spend for Comp Room Rental $ 5,000.00 $ 5,000.00 Stage, Ballroom AB & Prefunction - 24-Hour Hold $ - March 30, 2025-10am-4pm, Sam Set $ - 1 Food & Beverage Spend for Comp Room Rental $ 5,000.00 $ 5,000.00 Stage, Ballroom AB & Prefunction - 24-Hour Hold $ - March 28, 29, 30, 2025 - Audio Visual $ - 1 Projection Pkg with Drop -down Screen $ 600.00 $ 600.00 1 Sound System with Speaker and Microphone $ 175.00 $ 175.00 1 4-Channel Mixer for Sound $ 100.00 $ 100.00 Complimentary 2nd & 3rd day rental $ - 1 Labor/Set-up Fee of AV 18% $ 157.50 Comp Use of Clementine Boardroom Each Day, 8am-5pm Comp 5 Parking Spaces in Upper Lot Each Day for VIPs Only Comp Use of Event Parking Lot Shuttle tolfrom Event Parking Lot may be reserved each day at $50 per hour for 1 hour arrival and 1 hour departure Sub -Total 16,032.50 'Service Charge Only applied to Food and Beverage SVC-16.25% Staff 2,437.50 SVC - 8.75% House 1,312.50 Tax ° a . 5/° 1,829.88 Total 21,612.38 Deposit Payment Due by Thursday, March 13, 2025 $ (10,000.00) Final Deposit Due by Tuesday, March 25, 2025 1 $11,612.38