HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 06/20/2000 - FIRST READING OF ORDINANCE NO 76, 2000, APPROPRIAT AGENDA ITEM SUMMARY ITEM NUMBER: 21
FORT COLLINS CITY COUNCIL DATE: June 2, 2000
STAFF: Frank Bruno
SUBJECT:
First Reading of Ordinance No 76, 2000, Appropriating Unanticipated Grant Revenue in the General
Fund for the Startup and Operation of the State Welcome Center.
RECOMMENDATION:
Staff recommends adoption of the Ordinance on First Reading.
FINANCIAL IMPACT:
The City has received a grant for the Fort Collins Welcome Center from the Colorado Department of
Local Affairs in the amount of $51,250 for the startup and operation of the Fort Collins Welcome
Center. The Fort Collins Convention and Visitors Bureau will be relocating to the Welcome Center
and be responsible for its operation.
i
EXECUTIVE SUMMARY:
With an intergovernmental agreement,the City contracted with Colorado State University for visitor
center space at the Environmental Learning CenterNisitors Center to the south of Prospect Road,
approximately one-quarter mile west of Interstate 25. The City, in its effort to welcome and attract
visitors to Fort Collins through the efforts of its convention and visitor services contractor, the Fort
Collins Convention and Visitors Bureau (CVB), will use the space for the Fort Collins Welcome
Center. The CVB, in addition to promoting tourism activity, will operate the Welcome Center.
The Colorado Tourism Board established in CRS 24-32-1304 is empowered to operate state welcome
centers under CRS 24-32-1305(1)(c) and (f). The Board has determined that it will be efficient and
effective to contract for the operation of the Welcome Center in Fort Collins by contracting with the
City of Fort Collins. It is anticipated that the Department of Local Affairs will issue an additional grant
for operation of the Fort Collins Welcome Center for their fiscal year beginning July 1,2000. Executed
Contract Dated March 1,2000 attached.
ORDINANCE NO. 76, 2000
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING UNANTICIPATED GRANT REVENUE IN THE GENERAL FUND
FOR THE STARTUP AND OPERATION OF THE STATE
WELCOME CENTER
WHEREAS,pursuant to Resolution 99-97 the City contracted with Colorado State University
for visitor center space at the Environmental Learning CenterNisitors Center; and
WHEREAS,the City currently has a contract with the Fort Collins Convention and Visitors
Bureau for convention and visitor services; and
WHEREAS, the Fort Collins Convention and Visitors Bureau will be relocated to the
Environmental Learning CenterNisitors Center to operate a welcome center to welcome and attract
visitors to Fort Collins; and
WHEREAS,the City of Fort Collins has been awarded a grant in the amount of$51,250 from
the Colorado Department of Local Affairs; and
WHEREAS, the grant funds are to be used for the startup and operation of the Fort Collins
Welcome Center; and
• WHEREAS,Article V, Section 9,of the Charter of the City of Fort Collins permits the City
Council to make supplemental appropriations by ordinance at any time during the fiscal year,
provided that the total amount of such supplemental appropriations,in combination with all previous
appropriations for that fiscal year,does not exceed the then current estimate of actual and anticipated
revenues to be received during the fiscal year.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that there is hereby appropriated from unanticipated revenue in the General Fund the sum
of FIFTY ONE THOUSAND TWO HUNDRED FIFTY DOLLARS ($51,250) for expenditure in
the General Fund for the startup and operation of the Fort Collins Welcome Center.
Introduced and considered favorably on first reading and ordered published this 20th day of
June, A.D. 2000, and to be presented for final passage on the 18th day of July, A.D. 2000.
Mayor
ATTEST:
• City Clerk
Passed and adopted on final reading this 18th day of July, A.D. 2000.
Mayor
ATTEST:
City Clerk
Form 6-AC-02A® 1188)
Department or Agency Number
Contract Routing Number
CONTRACT �y
THIS CONTRACT, Made this day of 'I ' c- ") by and between
the State of Colorado for the use and benefit of the Department of Local Affairs 1313
Sherman St, Room 323, Denver, CO 80203, hereinafter referred to as the State, and the
Citv of Fort Collins. 300 LaPorte Avenue. P.O. Box 580. Fort Collins. CO 80522-0580
hereinafter referred to as the Contractor,
WHEREAS, authority exists in the Law and Funds have been budgeted,
appropriated and otherwise made available and a sufficient unencumbered balance
thereof remains available for payment in Fund Number 1 00 :Appropriation Code 304
Org. TEJO . Contract Encumbrance Number ) ; and
WHEREAS, required approval, clearance and coordination has been
accomplished from and with appropriate agencies; and
WHEREAS, the Colorado Tourism Board (the Board) established in CRS 24-372-
1304 is empowered to operate State Welcome Centers under CRS 24-32-1305 (1) (c) and
(f); and
WHEREAS, the Board has determined that it will be efficient and effective to
contract for the operation of the Welcome Center in Fort Collins by contracting with the
City of Fort Collins as provided in CRS 24-32-1305 (1) (g); and
NOW THEREFORE, it is hereby agreed that:
1. Scope of Work. Contractor shall prepare for the operation and upon
completion of all necessary preparations, operate as a state Welcome Center the
Premises, hereinafter referred to as "Premises", known and described as follows:
Colorado Welcome Center, Fort Collins, CO, for the period beginning M nd
ending June 30, 2000. The Contractor's responsibilities in operating the Welcome
Center shall include:
a. Recruit, select and employ a manager and any staff necessary to operate
the Welcome Center as described herein as employees or subcontractors of
the Contractor;
aay.I rn a an..
b Recruit, select, supervise and appropriately recognize the efforts of
volunteers necessary to operate the Welcome Center:
C. Provide all necessary interior and exterior building maintenance.
landscaping and related maintenance, snow removal, and janitorial
services;
d. Provide all utilities and insurance;
e. Submit in a timely fashion all regular reports required by the State:
f. Secure hospitality and state tourism attractions training for staff and
volunteers, and at least once each year require that the manager of the
Welcome Center attend and participate in training opportunities provided
by the State;
g Recognizing the State's intent is to promote the entire state fairly, without
bias to any community. organization, association or business, interact with
travelers in such a way as to provide information on events, attractions.
activities and accommodations throughout the state. This is not intended to
prohibit the Contractor from providing information on local and regional
events. attractions, activities and accommodations;
h. Operate from 8:00 A.M. until 6:00 P.M. during the summer season (May 1
through September 30) and from 8:00 A.M. until 5:00 P.M. during the
winter season (October 1 through April 30);
i. Display a state map provided by the State;
j. Not allow advertising displays, signs, or posters, solicitations or sales
transactions of any kind on those portions of the Premises used for
Welcome Center operations;
k. Obtain State approval of all brochures and pamphlets prior to display or
distribution. Maintain 90% of the various brochures which are listed as
"Required Brochures For Display at a Colorado Welcome Center'. State
approval will be based on the brochure distribution guidelines contained in
the Managers Operation Manual for the Colorado Welcome Center
Program. The Contractor will be given an opportunity to participate with
other state Welcome Center contractors and managers in periodically
Page 2 of 8 Pagaa
updating and revising the Manual. This is not intended to prevent or
prohibit the Contractor from displaying any brochures or pamphlets in an
• area reserved by the Contractor for information on local events, attractions.
activities and accommodations;
1. Use existing state-owned furnishings and equipment for Welcome Center
operations and report annually to the state on the condition and status of
such furnishings and equipment; and
M. Generally adhere to guidance and procedures contained in the Managers
Operations Manual.
2. Time of Performance. This Contract shall become effective n a(-r_� �
and shall terminate on June_30,2000 unless extended by written amendment pursuant to
State Fiscal Rules. _
3. Budget. The budget for this project is as follows:
Welcome Center Start-up and Operation $5 1,230
4. Compensation and Method of Payment. The State agrees to pay, for the work
and services to be performed, a total amount not to exceed Fifty One Thousand, Two
. Hundred Fifty Dollars. Payment shall be made at follows:
$50.250 Upon receipt of invoices form the Contractor
summarizing personnel, travel and major categories of
� P � J „
operating and capital outlay expenses incurred for the
operation and start-up of the Welcome Center.
Contractor may not request reimbursement more
frequently than monthly.
$ 1,000 Upon submission of all programs and fiscal reports for
the period of the effective date of this contract through
June 30, 2000.
5. Accounting. At all times from the effective date of this Contract until
completion of this Project, the Contractor shall maintain properly segregated books of
State funds, matching funds, and other funds associated with this Project. In no event
shall the State's total consideration exceed the amount shown in Paragraph 4 above.
Page 3 of 8 Peg"
6. Audit. The State or its authorized representative shall have the right to inspect.
examine, and audit Contractor's records. books and accounts, including the right to hire
an independent Certified Public Accountant of the State's choosing and at the State's
expense to do so. Such discretionary audit may be called for at any time and for any
reason from the effective date of this Contract until five (5) years after the date final
payment for this Project is received by the contractor. provided that the audit is
performed at a time convenient to the Contractor and during regular business hours.
7. Personnel. The Contractor shall perform its duties hereunder as a contractor
and not as an employee. Neither the contractor nor any agent or employee of the
contractor shall be or shall be deemed to be an agent or employee of the state.
Contractor shall pay when due all required employment taxes and income tax
withholding, shall provide and keep in force worker's compensation (and show proof of
such insurance) and unemployment compensation insurance in the amounts required by
law, and shall be solely responsible for the acts of the ContracTor, its employees and
agents.
The Contractor is responsible for providing Workmen's Compensation Coverage
and Unemployment Compensation Coverage for all of its employees to the extent
required by law, and for providing such coverage for themselves. In no case is the State
responsible for providing Workmen's Compensation Coverage for any employees or
subcontractors of Contractor pursuant to this Agreement, and Contractor agrees to
indemnify the State for any costs for which the State may be found liable in this regard.
8. Termination of Contract for Cause. If, through anv cause, the Contractor shall
fail to fulfill in a timely and proper manner his obligations under this Contract, or if the
Contractor shall violate any of the covenants, agreements, or stipulations of this
Contract, the State shall thereupon have the right to terminate this Contract for cause by
giving written notice to the Contractor of such termination and specifying the effective
date thereof, at least five (5) days before the effective date of such termination. In that
event, all finished or unfinished documents, data, studies, surveys, drawings, maps,
models, photographs, and reports or other material prepared by the Contractor under this
Contract shall, at the option of the State, become its property, and the Contractor shall be
entitled to receive just and equitable compensation for any satisfactory work completed
on such documents and other materials.
Notwithstanding the above, the Contractor shall not be relieved of liability to the
State for any damages sustained by the State by virtue of any breach of the Contract by
the Contractor, and the State may withhold any payments to the Contractor for the
purpose of set off until such time as the exact amount of damages due the State from the
Papa 4 d 8 Paqu
Contractor is determ. A
9. Termination for Convenience of State. The State may terminate this Contract
at any time the State determines that the purposes of the distribution of State monies
under the Contract would no longer be served by completion of the Project. The State
shall effect such termination by giving written notice of termination to the Contractor
and specifying the effective date thereof, at least twenty (20) days before the effective
date of such termination. In that event, all Finished or unfinished documents and other
materials as described in Paragraph 8 above shall. at the option of the state, become its
property.
If the Contract is terminated by the State as provided herein. the Contractor will
be paid an amount which bears the same ratio to the total compensation as the services
actually performed bear to the total services of the Contractor covered by this Contract,
less payments of compensation previously made. If this Contract is terminated due to the
fault of the Contractor, Paragraph 8 hereof relative to termination shall apply.
10. Changes. The State may, from time to time, require changes in the scope of
services of the Contract to be performed hereunder. However, this Contract is intended
as the complete integration of all understandings between the parties, at this time. and no
prior or contemporaneous addition, deletion, or other amendment hereto shall have any
force or effect,whatsoever, unless embodied in a written contract amendment
incorporating such changes, including any increase or decrease in the amount of monies
to be paid to the Contractor, executed and approved pursuant to the State's Fiscal Rules.
11. Severability. To the extent that this Contract may be executed and
performance of the obligations of the parties may be accomplished within the intent of
the Contract, the terms of this Contract are severable, and should any term or provision
hereof be declared invalid or become inoperative for any reason, such invalidity or
failure shall not affect the validity of any other term or provision hereof. The waiver of
any breach of a term hereof shall not be construed as waiver of any other term.
12. Binding on Successors. Except as herein otherwise provided, this agreement
shall inure to the benefit of and be binding upon the parties, or any subcontractors hereto.
and their respective successors and assigns.
13. Assignment. Neither party, nor any subcontractors hereto, may assign its
rights or duties under this Contractor without the prior written consent of the other party;
provided, however, that the parties ackowledge and agree that contractor may
subcontract for the performance of all or any portion of its obligations hereunder.
14. Limitation to Particular Funds. The parties hereto expressly recognize that
Pages 5 W 8 Pagaa
the Contractor is to b ;aid, reimbursed, or otherwise comp _.sated with funds provided
to the State for the purpose of contracting for the services provided for herein, and
therefore, the Contractor expressly understands and agrees that all its rights, demands
and claims to compensation arising under this Contract are contingent upon receipt of
such funds by the State. In the event that such funds or any part thereof are not received
by the State, the State may immediately terminate this Contract.
15. Non-Discrimination. The Contractor shall comply with all applicable State
and Federal laws, rules, regulations and Executive Orders of the Governor of Colorado
involving non-discrimination on the basis of race, color, religion, national origin, age,
handicap or sex. In compliance with Paragraph 5 of the Special Provisions section of
this contract, Contractor agrees to consider minorities or minority businesses as
employees, specialists, agents, consultants or subcontractors under this Contract.
Contractor may utilize the expertise of the State Minority Business Office within the
Office of the Governor for assistance in complying with the non-discrimination and
affirmative action requirements of this contract and applicable-statutes.
16. Responsible Administrator. The performance of the services required
hereunder shall be under the direct supervision of Frank Bruno, Assistant City Manager,
City of Fort Collins, an employee or agent of Contractor, who is hereby designed as the
administrator-in-charge of this Project. At any time the administrator-in-charge is not
assigned to this Project, all work shall be suspended until the Contractor assigns a
mutually acceptable replacement administrator-in-charge and the State receives
notification of such replacement assignment.
Page 6 of a Pagaa
SPECIAL PROVISIONS
CONTROLLER'S APPROVAL
• 1. This Contract shall not be deemed valid until it shall have been approved by the Controller of the State of Colorado or such assistant as he may designate.
This provision is applicable to any contract involving the payment of money by the State.
FUND AVAILABILITY
2. Financial obligations of the State of Colorado payable after the current fiscal year are contingent upon funds for that purpose being appropriated,budgeted
and otherwise made available.
BOND REQUIREMENT
3. If this Contract involves the payment of more than fifty thousand dollars for the construction,erection,repair, maintenance,or improvement of any
building,road,bridge,viaduct,tunnel,excavation or other public work for this State,the Contractor shall,before entering upon the performance of any such
work included in this Contract,duly execute and deliver to the State official who will sign the Contract,a good and sufficient bond or other acceptable surety
to be approved by said official in a penal sum not less than one-half of the total amount payable by the terms of this Contract. Such bond shall be duty
executed by a qualified corporate surety,conditioned upon the faithful performance of the Contract and in addition,shall provide that if the Contractor or
his subcontractors fail to duly pay for any labor, materials, team hire, sustenance, provisions, provendor or other supplies used or consumed by such
Contractor or his subcontractor in performance of the work contracted to be done or fails to pay any person who supplies rental machinery, tools, or
equipment in the prosecution of the work the surety will pay the same in an amount not exceeding the sum specified in the bond,together with interest at
the rate of eight per cent per annum. Unless such bond is executed,delivered and filed,no claim in favor of the Contractor arising under such contract shall
be audited,allowed or paid. A certified or cashier's check or a bank money order payable to the Treasurer of the State of Colorado may be accepted in lieu
of a bond. This provision is in compliance with CRS 38-26-106.
INDEMNIFICATION
4. To the extent authorized by law,the Contractor shall indemnify,save and hold harmless the State,its employees and agents,against any and all claims,
damages, liability and court awards including costs, expenses, and attorney fees incurred as a result of any act or omission by the Contractor, or its
employees,agents,subcontractors,or assignees pursuant to the terms of this Contract.
DISCRIMINATION AND AFFIRMATIVE ACTION
5. The Contractor agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957, as amended, and other applicable law
respecting discrimination and unfair employment practice(CRS 24-34-402),and as required by Executive Order,Equal Opportunity and Affirmative Action,
• dated April 16, 1975, Pursuant thereto,the lollowfng provisions shall be contained in all State contracts or subcontracts.
During the performance of this Contract,the Contractor agrees as follows:
(a) The Contractor will not discriminate against any employee or applicant for employment because of race,creed,color,national origin,sex,marital
status, religion,ancestry,mental or physical handicap,or age. The Contractor will take affirmative action to insure that applicants are employed,and that
employees are treated during employment,without regard to the above mentioned characteristics. Such action shall include,but not be limited to the
following: employment, upgrading, demotion, or transfer, recruitment or recruitment advertisings: layoffs or terminations; rates of pay or other forms of
compensation;and seledion fortraining,including apprenticeship.The Conuactoragrees to post in conspicuous places,available to employees and applicants
for employment,notices to be provided by the contracting officer setting forth provisions of this non-discrimination clause.
(b) The Contractor will,in all solicitations or advertisements for employees placed by or on behalf of the contractor,state that all qualified applicants will
receive consideration for employment without regard to race, creed, color, national origin, sex, marital status, religion, ancestry, mental or physical
handicap,or age.
(c) The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or
understanding,notice to be provided by the contracting officer,advising the labor union or workers'representative of the Contractors commitment under
the Executive Order,Equal Opportunity and Affirmative Action,dated April 16,1975,and of the rules,regulations,and relevant Orders of the Governor.
(d) The Contractor and labor unions will furnish all information and reports required by Executive Order,Equal Opportunity and Affirmative Action of April
16, 1975,and by the rules,regulations and Orders of the Governor,or pursuant thereto,and will permit access to his books, records,and accounts by
the contracting agency and the office of the Governor or his designee for purposes of investigation to ascertain compliance with such rules,regulations
and orders.
(e) A labor organization will not exclude any individual otherwise qualified from full membership rights in such labor organization,or expel any such
individual from membership in such labor organization or discriminate against any of its members in the full enjoyment of work opportunity,because of race,
creed,color,sex, national origin,or ancestry.
(f) A labor organization,or the employees or members thereof will not aid,abet,incite,compel or coerce the doing of any act defined in this contract to be
discriminatory or obstruct or prevent any person from complying with the provisions of this contract or any order issued thereunder,or attempt either directly
or indirectly,to commit any act defined in this contract to be discriminatory.
Form 6-AC-02B
Revised 7/97
396-63-01-1022
Page 7 of 8 Pages
(g) In the event of the Contractor's non- ,pliance with the nondiscrimination Causes of this c, .,act or with any such rules,regulations,or orders,this
contract may be canceled,terminated or suspended in whole or in part and the contractor may be declared ineligible forfurther State contracts in accordance
with procedures,authorized in Executive Order,Equal Opportunity and Affirmative Action of April 16.1975.or by rules,regulations or orders promulgated
in accordance therewith,and such other sanctions as may be imposed and remedies as may be invoked as provided in Executive Order,Equal Opportunity
and Affirmative Action of April 16,1975,or by rules,regulations or orders promulgated in accordance therewith,or as otherwise provided by law.
(h) The Contractor will include the provisions of paragraphs(a)through(h)in every subcontract and subcontractor purchase order unless exemp'
rules,regulations,or orders issued pursuant to Executive Order,Equal Opportunity and Affirmative Action of April 16.1975,so that such provisions
binding upon each subcontractor or vendor. The contractor will take such action with respect to any sub-contracting or purchase order as the contracting
agency may direct,as a means of enforcing such provisions,including sanctions for non-compliance;provided,however,that in the event the Contractor
becomes involved in,or is threatened with,litigation,with the subcontractor or vendor as a result of such direction by the contracting agency,the Contractor
may request the State of Colorado to enter into such litigation to protect the interest of the State of Colorado.
COLORADO LABOR PREFERENCE
6a. Provisions of CRS 8-17-101 &102 for preference of Colorado labor are applicable to this contract if public works within the State are undertaken
hereunder and are financed in whole or in part by State funds.
b. When a construction contract for a public project is to be awarded to a bidder,a resident bidder shall be allowed a preference against a non-resident
bidder from a state or foreign country equal to the preference given or required by the state or foreign country in which the non-resident bidder is a resident.
If it is determined by the officer responsible for awarding the bid that compliance with this subsection.06 may cause denial of federal funds which would
otherwise be available or would otherwise be inconsistent with requirements of Federal law, this subsection shall be suspended, but only to the extent
necessary to prevent denial of the moneys or to eliminate the inconsistency with Federal requirements(CRS 8-19.101 and 102).
GENERAL
7. The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in the interpretation,execution,and enforcement
of this contract.Any provision of this contract whether or not incorporated herein by reference which provides for arbitration by any extra-judicial body or person
orwhich is otherwise in conflict with said laws,rules,and regulations shall be considered null and void. Nothing contained in any provision incorporated herein
by reference which purports to negate this or any other special provision in whole or in part shall be valid or enforceable or available in any action at law
whether by way of complaint,defense,or otherwise. Any provision rendered null and void by the operation of this provision will not invalidate Me remainder
of this contract to the extent that the contract is capable of execution.
8. At all times during the performance of this contract,the Contractor shall strictly adhere to all applicable federal and state laws,rules and regulations that
have been or may hereafter be established.
9. Pursuant to CRS 24-30-202.4(as amended),the State Controller may withhold debts owed to state agencies under the vendor offset intercept system
for.(a)unpaid child support debt or child support arearages;(b)unpaid balance of tax,accrued interest,or other charges specified in Article 22,Tide 39,CRS;
(c) unpaid loans due to the student loan division of the Department of Higher Education; (d) awed amounts required to be paid to the Unemployment
Compensation Fund;and(a)other unpaid debts owing to the State or any agency thereof,the amount of which is found to be owing as a result of final agency
determination or reduced to judgement as certified by the Controller.
10. The signatories aver that they are familiarwith CRS 1841-301,at.seq.,(Bribery and Corrupt Influences)and CRS 18-8-401,at.seq.,(Abuse of Public
Office),and that no violation of such provisions is present.
11. The signatories aver that to their knowledge, no state employee has any personal or beneficial interest whatsoever in the service or prt .
described herein:
IN WITNESS WHEREOF,the parties hereto have executed this Contract on the day first above written.
CONTRACTOR: STATE OF COLORADO
(Full Legal Name) BILL OWENS,GO
By
^ ^ , EXECUTIVE TOR, Bob rooks
By 41..(� !�,
DEPARTMENT
Position(Title) Cn. OF LOCAL AFFAIRS
SorJN Semety NMW or Fd w l ID Numbx
(If Corporation:)
Attest(Sq,
BY
w....a...,r..:r.,,. an
APPROVALS
ATTORNEY GENERAL STATE CONTROLLER
Ken Salazar j' Arthur 4,Bamh+art
Z6 V, 1 -AIL d
Form 6-AC-02C
Revised 7/97
396-53-01-1030 Page 8 which is the last of 8 pages