SURVEY OF HOTEL & CONVENTION CENTER CONTRACT ISSUES (To be used by proposed Convention Headquarters Hotel and/or Convention Center ONLY) Instructions: The person responding to this survey must have complete authority to make contractual representations. Please contact the Pacific Northwest Kiwanis District Secretary with any questions about the issues addressed below. If additional space is needed for comments, please use a separate sheet of paper. After the responses from all properties receiving the RFP and survey have been analyzed, the District will contact you if a full contract proposal is desired. In some cases, the Headquarters Hotel will have enough meeting room space to hold the entire convention and only one “Survey of Hotel & Convention Center Contract Issues” (this form) need be submitted in the Bid Package. If the bid depends on using a Convention Center, in addition to a headquarters hotel, a survey form should be submitted for both facilities. Convention Centers may ignore questions relating solely to guest rooms and blocks. Facility: __________________________________________________________ City ________________________ Convention Year ____________________ 1.0 AUTHORITY 1.1 Will the salesperson who negotiates the contract for the facility have the authority to agree to contract revisions requested by the Pacific Northwest District? Yes No 1.2 If not, who else needs to be included in the process? 2.0 ATTRITION 2.1 Will the facility agree to annual review dates whereby the Pacific Northwest District may alter its room block without liability, and based on its history and on the facility's available space? Yes No Comments: Pacific Northwest District of Kiwanis International Contract Survey 1 2.2 The Pacific Northwest District will give a firm estimated room block twelve (12) months prior to arrival and will have the right to reduce, or not use, up to twenty (20) percent of the room block at the three (3) month date. Damages owed the hotel, if any, will be based on the difference in actual room nights used by the Pacific Northwest District and the room block established at the three (3) month date multiplied by the group's average rate. Is this method of calculating attrition acceptable to the hotel? Yes No Comments: 2.3 If damages are applicable, are state and/or local taxes applied to the total for the following? • Sleeping: • Catered food and beverage: • Recreational fees: • Other: Yes Yes Yes Yes No No No No Comments: 2.4 If individual rooms are canceled by attendees after the cutoff date, will the hotel allow the Pacific Northwest District to substitute new names at the group's negotiated rate? Yes No Comments: 2.5 The Pacific Northwest District understands that the hotel may lose money if the group's room block is not fully used. On the other hand, the Pacific Northwest District believes that it should not have to pay damages to the hotel if the hotel is able to resell the group's unused rooms. Is this concept agreeable to the hotel? Yes No Comments: Pacific Northwest District of Kiwanis International Contract Survey 2 2.6 Does the facility insist on including attrition provisions for catered food and beverage functions? Yes No Comments: 2.7 If the answer to the above question is yes, the Pacific Northwest District desires to establish its firm estimate of food and beverage revenue six (6) months prior to arrival. Damages due the facility for food and beverage attrition, if any, must be on estimated lost profit. The parties agree that estimated lost profit shall be based on the following formula: Catered food function: no more than 35 percent of estimated revenue Beverage function with alcohol: no more than 80 percent of estimated revenue Is the above concept agreeable to the facility? Yes No Comments: 2.8 The Pacific Northwest District understands that the facility may lose money if the group's anticipated food and beverage functions do not fully materialize. On the other hand, the Pacific Northwest District believes that it should not have to pay damages to the facility if the facility is able to recoup the group's canceled or reduced food and beverage functions. Is this concept agreeable to the facility? Yes No Comments: 2.9 Does the facility charge a facility service fee or performance fee? • If yes, describe how it will be calculated: Yes No • Is this fee in addition to attrition damages? Yes No • Is this fee used instead of attrition damages? Yes No Comments: Pacific Northwest District of Kiwanis International Contract Survey 3 3.0 FOOD AND BEVERAGE PRICES/MEETING HALL SPACE 3.1 The Pacific Northwest District is interested in establishing definite meeting room rates and food and beverage prices this convention by paying the lesser of the following: a) The current /menu prices quoted plus a two (2) percent cap per year increase. b) The current group rate/menu prices plus the percentage change in the Consumer Price Index for the facility's city or region, whichever is greater. Is this concept agreeable to the facility? Yes No Comments: 3.2 ESTIMATED CATERING PRICES Please estimate your projected meal costs for this convention as a range (low to high) for the following: Plated Breakfasts Buffet Breakfasts Plated Lunch Buffet Lunch Plated Dinner Buffet Dinner Service Charge Sales Tax Rate Please indicate if these are current or projected prices Pacific Northwest District of Kiwanis International Contract Survey 4 3.3 MEETING ROOM RENTALS – (for both Convention Centers and HQ Hotel) Please estimate total Meeting Room Rental Fees for this convention at your facility (based on projected space and event requirements). Please show gross rental fees as well as any projected credits for catering and/or room night credits. Pacific Northwest District of Kiwanis International Contract Survey 5 4.0 ROOM RATES, COMPS & COMMISSIONS (HQ Hotel Only) 4.1 Will the hotel allow the Pacific Northwest District a complimentary suite room night per each one hundred (100) room nights used from the block? (Please describe suite under comments below). Yes No Comments: 4.2 Will the hotel allow the Pacific Northwest District a commission on each room used by the group out of the room block? Yes No (If Yes — Rate ________%) Comments: 4.3 Will the hotel offer the Pacific Northwest District one complimentary room (standard single or double) for each fifty (50) rooms utilized out of the group’s room block? Yes No Comments: 4.4 Please estimate projected guest room rates for this convention for the following: Singles Doubles Double/Double Junior or Parlor Suites Executive Suites Projected Bed and Sales Taxes 4.5 Will the hotel guarantee that no other group(s) in the hotel over the same dates will be given a lower room rate than the Pacific Northwest District? Yes No Comments: Pacific Northwest District of Kiwanis International Contract Survey 6 4.6 If any attendees of the Pacific Northwest District's function receive lower rates (to include hotel’s special rates offered on the internet) and can be positively identified, will the hotel agree to credit the Pacific Northwest District block with the equivalent number of room nights? Yes No Comments: 4.7 Will the hotel honor the group room rate for convention attendees after the room block release date if rooms are still available in the hotel? Yes No Comments: 4.8 If the answer to 4.7 above is yes, will these rooms count towards fulfillment of the group’s room block? Yes No Comments: 5.0 OVERBOOKED HOTEL PRIOR TO CUTOFF DATE 5.1 To compensate the Pacific Northwest District for the hotel's over-booking, will the hotel agree to pay liquidated damages to the Pacific Northwest District for each room night not honored if the hotel reduces the Pacific Northwest District's room block prior to the cutoff date? Yes No Comments: 6.0 DISHONORED RESERVATIONS Please explain the hotel's policy when reservations are dishonored and attendees must be "walked" to another hotel: Pacific Northwest District of Kiwanis International Contract Survey 7 6. 1 Will the hotel agree to compensate the Pacific Northwest District in the form of liquidated damages for its embarrassment and loss of goodwill with its attendees for each room night "walked"? Yes No Comments: 6.2 Will the hotel agree to credit the equivalent number of room nights to the Pacific Northwest District for record-keeping purposes regarding attrition, meeting room rental, etc.? Yes No Comments: 7.0 STAFF ROOMS 7.1 Will the hotel agree to a discount staff rate of fifty (50) percent off the group rate for up to twelve (12) rooms per night? Yes No Comments: 8.0 INDIVIDUAL GUEST DEPOSITS 8.1 When attendees properly cancel their reservations prior to arrival, will the hotel agree that all deposits held by the hotel be refunded or reported to the appropriate credit card company within thirty (30) days of the final event date? Yes No Comments: 8.2 Will the hotel agree to credit a corresponding number of room nights to the Pacific Northwest District block for record-keeping purposes for all non-refundable deposits that are kept by the hotel? Yes No Pacific Northwest District of Kiwanis International Contract Survey 8 Comments: 9.0 IN-HOUSE EQUIPMENT/SETUP 9.1 Will the facility agree to provide the Pacific Northwest District at no charge a sufficient number of tables and chairs to set up each meeting room to its maximum capacity, as noted in the facility's brochure? Yes No Comments: 10.0 OTHER GROUPS IN FACILITY/CONFLICTS OF INTEREST 10.1 Will the facility agree to use its best efforts to prevent incompatible groups, as defined by the Pacific Northwest District, from using its facilities over the same dates as the Pacific Northwest District? Yes No Comments: 11.0 USE OF OUTSIDE SERVICE CONTRACTORS 11.1 Will the facility allow the Pacific Northwest District to use any reputable service contractor of its choice to provide services during its meeting at the facility? (No outside contractors would be used for providing utilities, food, or beverages.) Yes No Comments: 12.0 CLAIMS/DISPUTES 12.1 Will the facility agree that if litigation results when any disputes arise between the parties after the contract is signed, the jurisdiction and venue will be where the defendant or responding party is located? Yes No Pacific Northwest District of Kiwanis International Contract Survey 9 Comments: Pacific Northwest District of Kiwanis International Contract Survey 10 13.0 WARRANTIES AND DUTIES 13.1 Will the facility warrant and represent that it complies, or will comply over the meeting dates of the Pacific Northwest District, with the following? a) Full compliance with all local, state, and federal fire and health regulations, including those related to food service? Yes No Yes No Comments: b) The provision of adequate security for guests? Comments: c) Maintenance in the quality of the facility's services and physical condition? Yes No Comments: d) Compliance with the Americans With Disabilities Act (or Canadian equivalent) over the dates of the Pacific Northwest District event relating to "readily achievable" removal of physical barriers to the property, the provision of auxiliary aids where necessary (excluding meeting rooms), and the modification of the facility's policies and practices where necessary? Yes No Comments: 14.0 CONSTRUCTION AND REMODELING 14.1 Will the facility agree to notify the Pacific Northwest District in writing as soon as plans are known if any construction or remodeling will occur at the facility over the dates of the district’s convention or meeting? Yes No Comments: Pacific Northwest District of Kiwanis International Contract Survey 11 14.2 If the facility is actually conducting remodeling and renovations during the district’s meeting dates, will the facility agree to use its best efforts not to interfere with, disrupt, or impede the district’s meeting with noise or environmental disturbances? Yes No Comments: 15.0 LIABILITY AND INDEMNIFICATION ISSUES 15.1 Will the facility agree to allocate liability between the parties so that each party is responsible for its own negligence or willful misconduct? Yes No Comments: 15.2 Will the facility accept full responsibility for defects in its premises or equipment? Yes No Comments: 15.3 Will the facility accept full responsibility for their service of alcohol to minors and/or people who are obviously intoxicated? Yes No Comments: 15.4 Will the facility agree that the Pacific Northwest District will not be responsible for damages caused by its attendees or other quests unless the attendees were acting on behalf of, and with the authority of, the Pacific Northwest District? Yes No Comments: Pacific Northwest District of Kiwanis International Contract Survey 12 15.5 Will the facility agree that both parties will have a minimum commercial general liability insurance coverage of $1,000,000 for personal injury and property damage and $50,000 fire legal liability insurance? Yes No Comments: 15.6 Will the facility agree that neither party shall be responsible to the other for property damage over the amount of insurance required of each party as outlined in 15.5, above? Yes No Comments: 16.0 CANCELLATION ISSUES 16.1 In the unlikely event that the Pacific Northwest District should cancel its arrangements with the facility, will the facility agree that cancellation fees owed, if any, will be determined in the contract by an incremental sliding scale that is based on a lost-profit formula? Yes No Comments: 16.1 Will the facility agree to use its best efforts to mitigate its damages from the cancellation? Yes No Comments: 16.2 the Will the facility agree to credit any recouped revenue it receives from mitigation toward Pacific Northwest District's potential damages? Yes No Comments: Pacific Northwest District of Kiwanis International Contract Survey 13 16.3 Will the facility agree to a contract cancellation provision that protects the Pacific Northwest District for its damages due to the facility's cancellation of the group's meeting arrangements? Yes No Comments: An individual authorized to make the representations contained in this survey should sign and return this form with the rest of the RFP information. Facility:_______________________________________________________________ Authorized representative:_______________________________________________ Signature:________________________________ Title:_______________________ Date:_____________________ Pacific Northwest District of Kiwanis International Contract Survey 14