1. 2. PAYMENT OF GUEST ROOMS:
      2. PAYMENT FOR GUEST ROOMS WILL BE THE RESPONSIBILITY OF EACH INDIVIDUAL GUEST, AND NOT RESPONSIBILITY OF THE GROUP. Credit cards may be required to guarantee each room reservation at the time of booking such reservation.
      3. 3. INDIVIDUAL CANCELLATIONS:
      4. Individual cancellations must be received no later than 1 day prior to scheduled arrival. Cancellations received within 1 day will be billed one night’s room.
      5. As provided in section 2. above, payment for guest rooms will be the responsibility of each individual guest, and not the responsibility of the group. The parties further understand and agree the conference room rental and all audio / visual equipment rental (if applicable) of $[TOTAL COST] total will be paid for by DOE. This amount may be paid by DOE by State Purchase Order.
      6. Should either party cancel this agreement after the signature date, no cancellation fee will be charged or owed by either party, however, Florida Department of Education, agrees not to cancel for the sole purpose of booking this program at another hotel.

Rosen PLAZA Hotel

«FileName»

Page 1

 

 


AGREEMENT BETWEEN

FLORIDA DEPARTMENT OF EDUCATION

AND

XXXXX

 

 

The following represents an agreement between XXXXX (“Hotel”) and the Florida Department of Education (“DOE” or “Group”) and outlines the specific conditions and services to be provided.

 

Description of Group and Event

     

Organization:          FLORIDA DEPARTMENT OF EDUCATION

 

Contacts:           XXXXX

           

 

By:             XXXXX

 

Function:           XXXXX

 

 

Official Dates:           XXXXX

 

Anticipated Guest Room Reservations

On Peak Night

Inclusive of Suites:         XXXXX      

 

 

1. ROOM RESERVATIONS:

 

   

XXXXX

     

Single or Double Occupancy /

Deluxe Standard Room

XXXXX

XXXXX

     
           
           

Reserved

 

XXXXX

 

   

 

 

 

Anticipated Room Night Total:     XXXXX

 

List of consessions provided by Hotel for free. Meeting room space and other items may be addressed in more detail elsewhere in this agreement. Examples of concessions include:

 
- colspan=2 style="border-width:1pt;border-style:solid;">Free unlimited in-room high speed internet
- colspan=2 style="border-width:1pt;border-style:solid;">Free breakfast
- colspan=2 style="border-width:1pt;border-style:solid;">Free shuttle to and from airport
- colspan=2 style="border-width:1pt;border-style:solid;">Free Newspaper
- colspan=2 style="border-width:1pt;border-style:solid;">Free Parking
- Etc.
 


 
2. PAYMENT OF GUEST ROOMS:


  
PAYMENT FOR GUEST ROOMS WILL BE THE RESPONSIBILITY OF EACH INDIVIDUAL GUEST, AND NOT RESPONSIBILITY OF THE GROUP. Credit cards may be required to guarantee each room reservation at the time of booking such reservation.


 
3. INDIVIDUAL CANCELLATIONS:


 
Individual cancellations must be received no later than 1 day prior to scheduled arrival. Cancellations received within 1 day will be billed one night’s room.

 

4. TAX EXEMPT:

 

DOE is an agency of the State of Florida which is tax exempt. The Group understands that individuals paying for rooms under this contract must present appropriate documentation of the tax exempt status of the transaction in order to implement a tax exempt purchase. If an individual pays for a room and/or ancillary services under this agreement with a State of Florida p-card credit card which has a tax exempt number on its face, the room rental will qualify for tax exempt status.

 

 

5. RESERVATIONS:

 

We understand that all guests will make reservations directly with the Hotel on an individual basis. DOE will advise the individual guests to call Hotel Reservations Office directly at the toll-free number listed below.

 

[please provide Hotel contact / reservation information]

 

Departure dates will be reconfirmed upon check-in. Any adjustments to departure date should be made at that time.

 

The Hotel requires that all reservations be secured by a major credit card. All rooms not reserved by cut-off date will be released back to the Hotel.

 

 

6. CUT-OFF DATE:

 

On XXXXX , all remaining non-reserved rooms will be released to Hotel. Reservations after cut-off date will be accepted based on availability at the group rate.

 

 

7. CHECK-IN/OUT TIME:

 

Check in time after XXXXX p.m.

Check out time is XXXXX p.m.

 

All guests arriving before 3:00 p.m. will be accommodated as rooms become available.

 

 

8. FUNCTION AGENDA:

 

 

DAY

DATE

START

END

FUNCTION

ROOM

SETUP

ATTD

RENTAL

 

XXXXX

XXXXX

XXXXX

XXXXX

XXXXX

XXXXX

XXXXX

XXXXX

XXXXX

 

                  
DOE may contract with an entity other than Hotel for audiovisual services
OR (pick which one applies)
The Hotel hereby agrees to provide the following audiovisual services to DOE, on the following days, at the following specified rates:
Include break-down of costs for these services.
9. OUTSIDE FOOD AND BEVERAGE:
The Hotel is the only licensee authorized by the State of Florida to sell and serve food, liquor, beer and wine on the premises.
10. INDEMNIFICATION & INSURANCE:
State laws will govern Hotel’s liability for items stolen in guestrooms or items kept in Hotel’s safe. The Group’s responsibility for tort claims shall be governed by the provisions of section 768.28, Florida Statutes. The Department of Education shall not be deemed to assume any liability for the acts, omissions to act or negligence of the Hotel or its agents, servants, or employees. Nothing herein shall be construed as waiving the sovereign immunity of the State of Florida.
11. SIGNAGE AND DECORATIONS:
Signs, decorations and displays brought into the Hotel must be approved prior to arrival. Items may not be attached to any stationary wall, floor, window or ceiling with nails, staples, tape or any other substance without the approval of the Hotel.
12. DRAYAGE/STORAGE OF DISPLAY MATERIAL/GUEST PACKAGES:
Handling charges will apply for guest packages received by the Hotel, however, the Hotel will receive and hold for DOE the first ten (10) packages for free. Thereafter, the Hotel will charge $____ per package for packages received by the Hotel for DOE.
13. PAYMENT:


 
As provided in section 2. above, payment for guest rooms will be the responsibility of each individual guest, and not the responsibility of the group. The parties further understand and agree the conference room rental and all audio / visual equipment rental (if applicable) of $[TOTAL COST] total will be paid for by DOE. This amount may be paid by DOE by State Purchase Order.
 

14. FORCE MAJEURE:

 

           
Neither party shall be responsible for failure to perform this contract if circumstances beyond their control, including, but not limited to acts of God, wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond the parties control, makes it illegal or impossible for either party to perform.
15. STATUTORY NOTICES:
If the terms of this Contract extend beyond the current fiscal year, pursuant to section 287.0582, Florida Statutes, the State of Florida’s performance and obligation to pay under this contract is contingent upon an annual appropriation by the Legislature. The provisions of paragraphs (1)(a)–(f) of section 287.058, Florida Statutes, are hereby incorporated by reference. Notice is provided pursuant to sections 287.133 and 287.134, Florida Statutes. Payment is pursuant to Section 215.422, Florida Statutes.
16. NON-AVAILABILITY of FUNDS:
If the Florida Legislature fails to appropriate or authorize the expenditure of sufficient funds to provide for the continuation of this Contract or if a lawful order issued in or for any fiscal year during the Term of this Contract reduces the funds appropriated or authorized in such amounts as to preclude making the payments set out herein, this Contract shall terminate on the date said funds are no longer available without any termination charges or other liability incurring to DOE. DOE shall provide Hotel with notice not less than thirty (30) days prior to the date of cancellation, if such time is available. Otherwise, prompt notice will suffice.
17. MISCELLANEOUS PROVISIONS:
This contract shall be governed by and construed in accordance with Florida law. This contract is the entire agreement between the parties, superseding all prior proposals both oral and written, negotiations, representations, commitments and other communications between the parties, and may only be supplemented or changed in writing, signed by an authorized representative of the group and the Hotel. No representative of the Hotel has been or is authorized to make any representation which varies from the express terms of this contract, though this contract may be supplemented or amended in writing.

18. MYFLORIDAMARKETPLACE:

 

A. MyFloridaMarketplace Vendor Registration

Each Vendor doing business with the State of Florida for the sale of commodities or contractual services as defined in section 287.012, Florida Statutes, shall register in MyFloridaMarketPlace, in compliance with Rule 60A-1.030, Florida Administrative Code, unless exempt under Rule 60A-1.030(3) Florida Administrative Code.

 

B. MyFloridaMarketplace Transaction Fee

The State of Florida, through the Department of Management Services, has instituted MyFloridaMarketPlace, a statewide eProcurement system. Pursuant to section 287.057(23), Florida Statutes (2002), all payments for commodities and/or contractual services as defined in Section 287.012, Florida Statutes, shall be assessed a Transaction Fee of one percent (1.0%), which the Vendor shall pay to the State, unless exempt under Rule 60A-1.032, Florida Administrative Code. Notwithstanding the provisions of Rule 60A-1.030, et seq., the assessment of a transaction fee shall be contingent upon Federal approval of the transaction fee assessment program and continued payment of applicable federal matching funds.

 

For payments within the State accounting system (FLAIR or its successor), the Transaction Fee shall, when possible, be automatically deducted from payments to the Vendor. If automatic deduction is not possible, the Vendor shall pay the Transaction Fee pursuant to Rule 60A-1.031(2), Florida Administrative Code. By submission of these reports and corresponding payments, Vendor certifies their correctness. All such reports and payments shall be subject to audit by the State or its designee.

 

The Vendor shall receive a credit for any Transaction Fee paid by the Vendor for the purchase of any item(s) if such item(s) are returned to the Vendor through no fault, act, or omission of the Vendor. Notwithstanding the foregoing, a Transaction Fee is non-refundable when an item is rejected or returned, or declined, due to the Vendor’s failure to perform or comply with specifications or requirements of the agreement.

 

Failure to comply with these requirements shall constitute grounds for declaring the Vendor in default and recovering reprocurement costs from the Vendor in addition to all outstanding fees. VENDORS DELINQUENT IN PAYING TRANSACTION FEES MAY BE EXCLUDED FROM CONDUCTING FUTURE BUSINESS WITH THE STATE.

 

                  
19. COMPLIANCE WITH FEDERAL, STATE and LOCAL LAWS:
Hotel and all its agents shall comply with all federal, state and local regulations, including, but not limited to, nondiscrimination, wages, social security, worker’s compensation, licenses and registration requirements.
20. COMPLIANCE WITH “GREEN LODGING” STANDARDS:
Pursuant to Executive Order No. 07-126 of the Governor of the State of Florida, after January 1, 2008, state agencies are prohibited from contracting with lodging establishments that have not received “Green Lodging” certification through the Florida Department of Environmental Protection’s Green Lodging Program. The Hotel certifies that its facilities meet the requirements of that program and that it has received DEP certification.
If the Hotel has not received DEP certification, the Hotel shall submit to DOE a list of noncompliant aspects of hotel policies and/or information regarding pending applications for the above-mentioned Green Lodging certification.
21. GOVERNING LAW:
This Agreement shall for all purposes be governed by and interpreted in accordance with the laws of the State of Florida. In all cases, venue shall be in Leon County, Florida. With regard to limitation of actions, Sec. 95.11, Florida Statutes shall govern.
22. MAJOR RENOVATIONS:
The Hotel agrees that no major renovations will be occurring during the time of the event and that any major renovation projects will be concluded at least thirty (30) days prior to the start date of the event.
23. CHANGES, ADDITIONS, STIPULATIONS, OR LINING OUT:
Any changes, additions, stipulations or deletions, including lining out by either party will not be considered agreed to or binding to the other unless such modifications have been initialed and dated or otherwise approved in writing by the other.
24. CANCELLATION:


 
Should either party cancel this agreement after the signature date, no cancellation fee will be charged or owed by either party, however, Florida Department of Education, agrees not to cancel for the sole purpose of booking this program at another hotel.
     
FLORIDA DEPARTMENT OF EDUCATION
DATE:

 

     
XXXXX
DATE:

Signature of Authorized Representative

 

   

 

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