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HomeMy WebLinkAboutRFP - 9506 CONVENTION & VISITOR SERVICESRFP 9506 Convention & Visitor Services Page 1 of 27 REQUEST FOR PROPOSAL 9506 CONVENTION & VISITOR SERVICES RFP DUE: 3:00 PM MT (Mountain Time), April 1, 2022 The City of Fort Collins is requesting proposals from qualified Service Providers/Professionals to provide convention and visitor services which would capitalize on the opportunities for growth. As part of the City’s commitment to sustainability, proposals must be submitted online through the Rocky Mountain E-Purchasing System (RMEPS) at http://www.bidnetdirect.com/colorado/city-of-fort-collins. Note: please ensure adequate time to submit proposals through RMEPS. Proposals not submitted by the designated Opening Date and Time will not be accepted by RMEPS. All questions should be submitted, in writing via email, to Beth Diven, Buyer II, no later than 5:00 PM MT on March 23, 2022. Please format your e-mail to include: RFP 9506 Convention & Visitor Services in the subject line. Questions received after this deadline may not be answered. Responses to all questions submitted before the deadline will be addressed in an addendum and posted on the Rocky Mountain E-Purchasing System webpage. Rocky Mountain E-Purchasing System hosted by BidNet A copy of the RFP may be obtained at http://www.bidnetdirect.com/colorado/city-of-fort-collins. This RFP has been posted utilizing the following Commodity Code(s): 961-78 Travel Agency, Chartering and Tour Guide Services Prohibition of Unlawful Discrimination: The City of Fort Collins, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US.C. §§ 2000d to 2000d- 4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. The City strictly prohibits unlawful discrimination based on an individual’s gender (regardless of gender identity or gender expression), race, color, religion, creed, national origin, ancestry, age 40 years or older, marital status, disability, sexual orientation, genetic information, or other characteristics protected by law. For the purpose of this policy “sexual orientation” means a person’s actual or perceived orientation toward heterosexuality, homosexuality, and bisexuality. The City also strictly prohibits unlawful harassment in the workplace, including sexual harassment. Further, the City strictly prohibits unlawful retaliation against a person who engages in protected activity. Protected activity includes an employee complaining that he or she has been discriminated against in violation of the above policy or participating in an employment discrimination proceeding. The City requires its Service Providers/Professionals to comply with the City’s policy for equal employment opportunity and to prohibit unlawful discrimination, harassment and retaliation. Financial Services Purchasing Division 215 N. Mason St. 2nd Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 fcgov.com/purchasing RFP 9506 Convention & Visitor Services Page 2 of 27 This requirement applies to all third-party Service Providers/Professionals and their subcontractors/subconsultants at every tier. Public Viewing Copy: The City is a governmental entity subject to the Colorado Open Records Act, C.R.S. §§ 24-72-200.1 et seq. (“CORA”). Any proposals submitted hereunder are subject to public disclosure by the City pursuant to CORA and City ordinances. Service Providers/Professionals may submit one (1) additional complete proposal clearly marked “FOR PUBLIC VIEWING.” In this version of the proposal, Service Providers/Professionals may redact text and/or data that it deems confidential or proprietary pursuant to CORA. Failure to provide a public viewing copy will be considered a waiver of any claim of confidentiality under CORA without regard to how the applicant’s proposal or certain pages of the proposal are marked confidential, proprietary, or similar. Such statement does not necessarily exempt such documentation from public disclosure if required by CORA, by order of a court of appropriate jurisdiction, or other applicable law. Generally, under CORA trade secrets, confidential commercial and financial data information is not required to be disclosed by the City. Proposals may not be marked “Confidential” or ‘Proprietary’ in their entirety. By responding to this RFP, Service Providers/Professionals hereby waives any and all claims for damages against the City for the City’s good faith compliance with CORA. All provisions of any contract resulting from this request for proposal will be public information. Service Providers/Professionals Registration: The City requires new Service Providers/Professionals receiving awards from the City to submit IRS form W-9 or W-8BEN/W8- BEN-E (international firms) and requires all Service Providers/Professionals to accept Direct Deposit (Electronic) payment. If needed, the W-9 form and the Vendor Direct Deposit Authorization Form can be found on the City’s Purchasing website at www.fcgov.com/purchasing under Vendor Reference Documents. Please do not submit these documents with your proposal, however, if you take exception to participating in Direct Deposit (Electronic) payments please clearly note such in your proposal as an exception. The City may waive the requirement to participate in Direct Deposit (Electronic) payments at its sole discretion. Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision-making authority concerning such sale or any supervisory authority over the services to be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited. Collusive or Sham Proposals: Any proposal deemed to be collusive or a sham proposal will be rejected and reported to authorities as such. Your authorized signature of this proposal assures that such proposal is genuine and is not a collusive or sham proposal. The City of Fort Collins reserves the right to reject any and all proposals and to waive any irregularities or informalities. Utilization of Award by Other Agencies: The City of Fort Collins reserves the right to allow other state and local governmental agencies, political subdivisions, and/or school districts to utilize the resulting award under all terms and conditions specified and upon agreement by all parties. Usage by any other entity shall not have a negative impact on the City of Fort Collins in the current term or in any future terms. RFP 9506 Convention & Visitor Services Page 3 of 27 The selected Service Provider/Professional shall be required to sign the City’s Agreement prior to commencing services (see sample attached to this document). Sincerely, Gerry Paul Purchasing Director RFP 9506 Convention & Visitor Services Page 4 of 27 I. BACKGROUND & OBJECTIVE / OVERVIEW A. Objective The City of Fort Collins is requesting proposals from qualified Service Providers/Professionals to provide convention and visitor services which would capitalize on the opportunities for growth. B. Background The City of Fort Collins adopted a lodging tax on March 31, 1984. The tax was to be used by the City for the purpose of acquiring facilities and promoting tourism, conventions and other activities which utilize public accommodations within the City and for the purpose of studying and reducing the impact of such activities upon the facilities and infrastructure of the City. City Code requires that 75% of the total lodging tax receipts be used for the promotion of convention and visitor activities and 25% of receipts be used for cultural development and programming activities. Actual revenue collected is appropriated based on this allocation formula and any excess revenue and budget savings are reserved for these activities in the General Fund balance: • 70% Convention & Visitors Bureau • 25% Fort Fund Cultural Development & Programming • 5% Fort Fund Tourism Programming This 70% allocation is available via a one-time payment that will occur by March 31st of each year, after the prior year’s Lodging Tax Collections have been finalized. Total collections in 2021 were $1,581,381. Additionally, City Council voted to approve the activation of a Fort Collins Tourism Improvement District (TID) in August 2021. Participating Fort Collins lodging business owners within the TID will pay a 3% fee and those funds will be used to provide services and improvements that increase room night sales. The TID will operate its own contract for destination marketing services. The City collects the 3% TID fee along with lodging taxes and distributes the collection to the TID minus a 2% administrative fee. Collections began in October, 2021 and are collected by the City of Fort Collins in conjunction with the lodging tax and distributed to the TID monthly. An Economic Impact study was completed in 2019-2020. The results show a significant contribution to the local economy from the hospitality sector. Tourism is typically thought of as an “export industry,” meaning dollars from outside the economy are spent on local goods, infusing new money into the economy. This is especially important in Colorado, where much of municipal government revenue is generated through sales taxes. While local residents spend a considerable percentage of their income on services not subject to sales taxes, tourists allocate almost all of their expenditures on taxable lodging, retail and restaurants. As a share of each dollar spent, tourists generate more tax revenue than the typical Fort Collins resident. Overall, visitors spent $222 million in 2019/2020, contributing to the Fort Collins economy as follows: RFP 9506 Convention & Visitor Services Page 5 of 27 • Approximately 4,197 jobs • $112.2 million in labor income • $10 million in City tax revenue It also suggests that there is room for significant improvement in this sector of the economy, particularly coming out of challenging pandemic conditions. II. SCOPE OF PROPOSAL A. Scope of Work The selected Service Provider will deliver the following services. 1. Be the tourism expert for the City. 2. Promote Fort Collins and its events/attractions and amenities in a way that fits the City’s core values and aligns with the City’s brand message. For more information, please access this link: http://www.fcgov.com/citymanager/vmv.php. 3. Provide all staffing needed to perform convention and visitors’ promotional services. 4. Provide customer services for all segments of the hospitality/tourism market for Fort Collins. 5. Sales & Marketing: a) Developing and maintaining a sales, marketing, & communications program that will promote Fort Collins as a tourist, meeting, and event destination. The sales, marketing, & communications program will have a central theme of promoting the destination as a desirable place for overnight visits. The program will have the goal of increasing overnight visitation and room night sales. b) Producing an annual marketing plan and budget as well as a three to five year master plan for marketing and other activities. c) Setting measurable benchmarks in all marketing related activities and producing quarterly and annual reports addressing the progress relative to these benchmarks. d) Developing and executing marketing campaigns including public relations, traditional and digital marketing and advertising, to create awareness of Fort Collins as a visitor’s destination for both domestic and international tourism. e) Marketing Fort Collins as an outdoor adventure and cultural tourism destination to other Colorado communities, as well as regional and national communities. f) Undertake market research biennially, or more frequently, to improve marketing programs. g) Develop and publish at least one promotional brochure or publication that effectively markets Fort Collins as a general visitor and convention destination. h) Maintain an interactive web site targeted to visitors. i) Implement social media campaigns or utilize other current “best practice” technologies. RFP 9506 Convention & Visitor Services Page 6 of 27 j) Provide toll-free telephone numbers for visitors. k) Develop cooperative and pro-active marketing programs with industry partners, such as hotels, motels, bed and breakfasts, cultural and outdoor recreation providers and other communities as deemed appropriate. l) Develop and deliver training sessions on tourism promotion and customer service including the Certified Tourism Ambassador (CTA) program creating a welcoming and equitable visitor experience. 6. Conference & Convention Services: (a) Provide convention, conference and trade show marketing and assistance, including promoting Fort Collins venues and activities for attendees such as museums, galleries, gardens, theaters, sporting activities, outdoor recreation or amusements. (b) Provide assistance to local service clubs and organizations to help them with their regional and state conferences that are held in within City limits. (c) Provide services to convention visitors in a manner consistent with services provided to other visitors to Fort Collins. 7. Visitor Services: (a) Provide a wide variety of resources to enhance the visitor experience including timely visitor/client inquiry fulfillment. (b) Provide Community support through interaction with visitors and residents by: • Distributing brochures and maps, interactive digital services, and other educational materials • Providing information on City transportation systems and other services and amenities. • Providing visitors assistance upon request. 8. Destination Development: (a) Actively participate in discussions regarding policies and procedures that impact travel, tourism, hospitality, or visitor experience and return on investment. This may include: • Infrastructure improvements or enhancements • Arts and Culture opportunities and events • Gateways, wayfinding and regional connectivity (b) Develop community partnerships with groups including, but not limited to: • Fort Collins International Visitors Council • Fort Collins Innkeepers Association • Cultural Resource Board • City of Fort Collins Community Services Area (Culture, Parks, Recreation and Natural Areas) RFP 9506 Convention & Visitor Services Page 7 of 27 • Poudre Heritage Corridor • Downtown Development Association (DDA) • Tourism Improvement District (TID) • Colorado State University • Fort Collins Chamber of Commerce and other regional business associations and economic development offices 9. Act as a liaison and assist in the coordination of local and regional events, which are held in Fort Collins, including Fort Fund Events. This may include: a) Workshops to help event organizers promote and organize their events. b) Open houses. c) Community outreach. d) Available to offer assistance upon request. 10. Coordinate with other organizations to maintain an all-inclusive calendar of community and cultural events and tourism information on the web site and make efforts to proactively solicit content and ensure the calendar is current and accurate. 11. Respond, if appropriate, to State Film Commission inquiries promoting Fort Collins as a desirable location. 12. Conduct bi-annual economic impact and conversion studies to measure the effectiveness of marketing activity, and to better understand the demographic and psychographic makeup of the market. 13. Provide a list of performance measures to monitor and evaluate the effectiveness of marketing and tourism efforts that specifically address the City Council identified budget priorities of improving Economic Health and improving Culture, Recreational and Educational Opportunities. 14. Oversee the operation of the Colorado Welcome Center at Fort Collins as well as the Visitors Center in Downtown Fort Collins. The Service Provider will operate the Fort Collins Convention and Visitor’s Center in Downtown Fort Collins and agrees to: a) Recruit, select and employ a manager and any staff necessary to operate the Visitor’s Center. b) Recruit, select, supervise and appropriately recognize the efforts of volunteers necessary to operate the Visitor’s Center. c) Provide all utilities and insurance. d) Submit in a timely fashion all regular reports required by the City. e) Recognizing the City’s intent with the Visitor’s Center program is to promote the entire City fairly, without bias to any portion of the community, organization, association or business, interact with travelers in such a way as to provide information on events, attractions, activities and accommodations throughout the RFP 9506 Convention & Visitor Services Page 8 of 27 City. This is not intended to prohibit the Service Provider from providing information on local and regional events, attractions, activities and accommodations. f) Operate the Visitor’s Center at minimum from 8:00 a.m. - 5:00 p.m. Monday through Friday, year-round. The Visitor’s Center may be closed on New Year’s Day, Easter Sunday, Fourth of July, Thanksgiving Day and Christmas Day. Any other closures may be negotiated as applicable. g) Display the City map provided by the City and distribute other visitor information. h) Maintain properly segregated accounting files for the Visitor’s Center reflecting City funds and other funds associated with the Visitor’s Center. 15. Service Provider will operate the Colorado Welcome Center in the space designated by the City at 3745 East Prospect Road. The City receives a State grant annually to operate the State Welcome Center. The Service Provider subcontracts with the City to operate the State Welcome Center according to the provisions of the grant. PLEASE NOTE: If the State were to close the Welcome Center the following items would be eliminated from the Scope of Services pursuant to the Agreement with the City. a) Recruit, select and employ a manager and any staff necessary to operate the Welcome Center as employees. The Welcome Center manager will communicate directly with the State’s designated Welcome Center program manager. b) Recruit, select, supervise and appropriately recognize the efforts of volunteers necessary to operate the Welcome Center. c) Make arrangements for all necessary building maintenance to the extent required under the Intergovernmental Agreement (IGA). 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 the manager of the Welcome Center attend and participate in training opportunities provided by the State. g) Recognizing the State’s intent with the Welcome Center program 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 Service Provider from providing information on local and regional events, attractions, activities and accommodations. h) Operate the Visitor’s Center at minimum from 8:00 a.m. - 5:00 p.m. Monday through Friday, year-round. The Visitor’s Center may be closed on New Year’s Day, Easter Sunday, Fourth of July, Thanksgiving Day and Christmas Day. Any other closures may be negotiated as applicable. i) Display the state map provided by the State. j) The Welcome Center space is shared space. The Service Provider should make every effort to keep separate advertising displays, signs or posters, solicitations or sales transactions of any kind on those portions of the premises used for Welcome Center operations. RFP 9506 Convention & Visitor Services Page 9 of 27 k) Obtain State approval on all brochures and pamphlets to be displayed in the designated Welcome Center space prior to display or distribution. Maintain 90% of the brochures 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 Service Provider will be given an opportunity to participate with other state Welcome Center contractors and managers in periodically updating and revising the manual. This is not intended to prevent or prohibit the Service Provider from displaying any brochures or pamphlets in an area reserved for information on local events, attractions, activities and accommodations. l) Generally adhere to guidance and procedures contained in the Managers Operations Manual. m) Maintain properly segregated account ledgers for the Welcome Center reflecting State funds, matching funds and other funds associated with the Welcome Center. n) Provide monthly billings to the State for reimbursement of operating expenses in accordance with the provisions of the grant. B. Anticipated Schedule The following represents the City’s target schedule for the RFP. The City reserves the right to amend the target schedule at any time. • RFP issuance: March 11, 2022 • Question deadline: 5:00 PM MT on March 23, 2022 • Final Addendum Issued: March 25, 2022 • Proposal due date: 3:00 PM MT (our clock) on April 1, 2022 • Interviews (tentative): Mid April 2022 • Award of Contract (tentative): End of April 2022 • Contract Start Date: May 1, 2022 C. Interviews In addition to submitting a written proposal, the top-rated Service Providers/Professionals may be interviewed by the RFP assessment team and asked to participate in an oral presentation to provide an overview of the company, approach to the project and to address questions. The evaluation criteria for the oral interviews will be the same as the criteria for the written evaluations and is included in Section IV. Because of recent events involving COVID-19, the City may use non-traditional methods for the optional interview phase of the assessment process. Instead of traditional in- person interviews for the optional interview session, the City may opt to use alternate methods including, but not limited to remote interviews through a platform such as Microsoft Teams or Zoom. D. Subcontractors/Subconsultants Service Provider/Professional will be responsible for identifying any subcontractors and/or subconsultants in their proposal. Please note that the City will contract solely with the RFP 9506 Convention & Visitor Services Page 10 of 27 awarded Service Provider/Professional; therefore, subcontractors and/or subconsultants will be the responsibility of the Service Provider/Professional. E. Financial Qualifications (CONFIDENTIAL) Service Providers/Professionals selected as finalists may be required to submit a banking reference and the most recent financial statement (audited preferred) including balance sheet and income statement, as well as a statement of cash flows (the “Financial Information”). F. Laws and Regulations The Service Provider/Professional agrees to comply fully with all applicable local, State of Colorado and Federal laws and regulations and municipal ordinances to include American Disabilities Act (ADA). G. Operational Revenue City Code requires that 70% of the total lodging tax receipts be used for the promotion of convention and visitor activities and 25% of receipts be used for cultural development and programming activities. Actual revenue collected is appropriated based on this allocation formula and any excess revenue and budget savings are reserved for these activities in the General Fund balance: • 70% Convention & Visitors Bureau • 25% Fort Fund Cultural Development & Programming • 5% Fort Fund Tourism Programming This 70% allocation is available via a one-time payment that will occur by March 31st of each year, after the prior year’s Lodging Tax Collections have been finalized. Total collections in 2021 were $1,581,381. Additionally, City Council voted to approve the activation of a Fort Collins Tourism Improvement District (TID) in August 2021. Participating Fort Collins lodging business owners within the TID will pay a 3% fee and those funds will be used to provide services and improvements that increase room night sales. The TID will operate its own contract for destination marketing services. The City collects the 3% TID fee along with lodging taxes and distributes the collection to the TID minus a 2% administrative fee. Collections began in October, 2021 and are collected by the City of Fort Collins in conjunction with the lodging tax and distributed to the TID monthly. The City also receives a grant from the State of Colorado to operate the Colorado Welcome Center. Grant funding is distributed to the City monthly and is passed through to the contracted Convention and Visitors Bureau. The amount of the grant varies by year. The 2022 grant funds to date have been $7,315 per month. H. COVID-19 Compliance The Service Provider and its subcontractors/consultants shall comply with all state, county, and local laws, ordinances, and public health orders established to reduce the spread of COVID-19, as applicable. The Service Provider shall ensure employees and subcontractors/subconsultants with COVID-19 symptoms do not report to the job site. Service Provider must organize work to ensure individuals minimize contact and RFP 9506 Convention & Visitor Services Page 11 of 27 maximize social distancing. Individuals must wear all standard worksite personal protective equipment (PPE). In addition, individuals should wear a mask or cloth face covering consistent with local public health recommendations and other applicable safety requirements. III. PROPOSAL SUBMITTAL Please limit the total length of your proposal to a maximum of twenty-five (25) 8 ½ x 11” pages (excluding cover pages, table of contents, dividers and Authorization form). Font shall be a minimum of 10 Arial and margins are limited to no less than .5” for sides and top/bottom. Extended page sizes, such as 11” x 17”, count as a single page and may be used for detailed pricing. Links to other files or websites shall not be permitted. Proposals that do not conform to these requirements may be rejected. Service Providers/Professionals are required to provide detailed written responses to the following items in the order outlined below. The responses shall be considered technical offers of what Service Providers/Professionals propose to provide and shall be incorporated in the contract award as deemed appropriate by the City. A proposal that does not include all the information required may be deemed non-responsive and subject to rejection. Responses must include all the items in the order listed below. It is suggested that the Service Providers/Professionals include each of the City’s questions with their response. The City of Fort Collins shall not reimburse any firm for costs incurred in the preparation and presentation of their proposal. A. Cover Letter / Executive Summary The Executive Summary should highlight the content of the proposal and features of the program offered, including a general description of the program and any unique aspects or benefits provided by your firm. Indicate your availability to participate in the interviews/demonstrations on the proposed dates as stated in the Schedule section. B. Service Provider/Professional Information 1. Describe the Service Provider’s/Professional’s business and background 2. Number of years in the business 3. Details about ownership 4. An overview of services offered and qualifications 5. Size of the firm 6. Location(s) of offices. If multiple, please identify which will be the primary for our account. 7. Primary contact information for the company including contact name(s) and title(s), mailing address(s), phone number(s), and email address(s). C. Scope of Proposal 1. Provide a detailed narrative of the services proposed if awarded the contract per the scope above. The narrative should include any options that may be beneficial for the City to consider. RFP 9506 Convention & Visitor Services Page 12 of 27 2. Describe how the project would be managed and who would have primary responsibility for its timely and professional completion. 3. Briefly describe the approach to execute the scope of work to include the methods and assumptions used, and any exceptions and/or risks. 4. Describe the methods and timeline of communication your firm will use with the City’s Project Manager and other parties. 5. Identify what portion of work, if any, may be subcontracted or outsourced to subconsultants. Include all applicable information herein requested for each Service Provider/Professional. D. Firm Capability and Assigned Personnel Provide relevant information regarding previous experience related to this or similar projects, to include the following: 1. Provide an Organization Chart/Proposed Project Team: An organization chart containing the names of all key personnel and subconsultants with titles and their specific task assignment for this Agreement shall be provided in this section. 2. A list of qualifications for your firm and qualifications and experience of the specific staff members proposed to perform the services described above. 3. References. Provide a minimum of one similar projects with public agencies in the last 5 years that have involved the staff and subcontractors/subconsultants proposed to work on this project. Include the owner’s name, title of project, contact name, email and phone number, subconsultants on the team and a brief description of the work. The Service Provider/Professional authorizes the City to verify any and all information contained herein and hereby releases all those concerned providing information as a reference from any liability in connection with any information provided. 4. Provide any information that distinguishes Service Provider/Professional from its competition and any additional information applicable to this RFP that might be valuable in assessing Service Provider/Professional’s proposal. E. Sustainability/TBL Methodology In concise terms (no more than two pages), please describe your organization’s commitment to sustainability and supporting values. Each element of the TBL sustainability criteria will receive equal consideration in determining the final Sustainability/TBL score. 1. Address how your firm strives to incorporate all three aspects (social, environmental, and economic) of Triple Bottom Line (TBL) sustainable practices into the workplace. Provide examples along with any metrics used to measure success within your firm. 2. Also provide examples of how your firm has incorporated all three aspects of TBL sustainable practices in previous similar projects on which your firm has been the prime Service Provider/Professional. Some examples are provided below: a. Environmental – Experience delivering projects / programs focused on environmental health priorities in the areas of climate resiliency, water quality and watershed protection, regulatory performance, management systems, RFP 9506 Convention & Visitor Services Page 13 of 27 air quality, renewable energy, sustainable building and design, construction materials management, and solid waste reduction. b. Economic – Experience working and delivering projects with an emphasis on strategic financial planning, job creation, business development, asset management, various project delivery methods, value engineering, regional partnerships, transparency, stakeholder engagement, strategic investments, aging infrastructure, repurposing of existing facilities, and competing financial priorities. c. Social - Experience working and delivering projects, programs, and/or initiatives that support Equity, Diversity, and Inclusion throughout your firm’s workplace, including leadership, and supply chain. Examples of this may be demonstration of working within cultural and language gaps, development of diversity programs, diverse project teams, equitable opportunity vendor supply chain, and how your firm has applied an equity lens to processes such as recruitment, hiring, purchasing, career pathways, salaries, and staff engagement. F. Cost and Work Hours In your response to this proposal, please provide the following: 1. Submit a proposed budget based on the historical revenues described in Section II, Paragraph G to execute the Scope of Work as described above. 2. Proposed operating hours if different from those outlined in the scope of work. G. Sample Agreement Included with this request for proposals is a sample Agreement that the City intends to use for obtaining the services of the Service Provider/Professional. The Service Provider/Professional is required to review this Agreement and indicate any objections to the terms of the contract. If revisions to the contractual terms are requested, provide suggested revisions. H. Acknowledgement The Acknowledgement form is attached as Section V. Complete the attached form indicating the Service Provider/Professional hereby acknowledges receipt of the City of Fort Collins Request for Proposal and acknowledges that the Service Provider/Professional has read and agrees to be fully bound by all of the terms, conditions and other provisions set forth in the RFP. IV. REVIEW AND ASSESSMENT CRITERIA A. Proposal and Interview Criteria Service Providers/Professionals will be evaluated on the following criteria. This set of criteria will be the basis for review and assessment of the written proposals and optional interview session. At the discretion of the City, interviews of the top-rated Service Providers/Professionals may be conducted. The rating scale shall be from 1 to 10, a rating of 1 doesn’t meet minimum requirements, a rating of 5 means the category fulfills the minimum requirements, and 10 exceeds minimum requirements in that category. RFP 9506 Convention & Visitor Services Page 14 of 27 WEIGHTING FACTOR CATEGORY STANDARD QUESTIONS 3.0 Scope of Proposal Does the proposal address all elements of the RFP? Does the proposal show an understanding of the project objectives, methodology to be used and results/outcomes required by the project? Are there any exceptions to the specifications, Scope of Work, or agreement? 2.0 Firm Capability & Assigned Personnel Does the firm have the resources, financial strength, capacity and support capabilities required to execute the scope of work as described? Has the firm successfully completed previous projects of this type and scope? Do the persons who will be working on the project have the necessary skills and qualifications? Are sufficient people of the requisite skills and qualifications assigned to the project? 1.0 Sustainability/TBL Methodology Does the firm demonstrate a commitment to Sustainability and incorporate Triple Bottom Line methodology in both their Scope of Work for the project, and their day-to-day business operating processes and procedures? Does the firm demonstrate a commitment to all three aspects (social, environmental, and economic) of the Triple Bottom Line (TBL) methodology of sustainability for this project and in their company value system as evidenced by their day-to-day business operating processes, practices and procedures? 2.0 Cost & Work Hours Does the proposal included detailed operational budget? Does the proposed budget compare favorably with the Project expectations and historical operations? Are the work hours presented reasonable for the successful operation of the Visitor and Colorado Welcome Centers? RFP 9506 Convention & Visitor Services Page 15 of 27 V. ACKNOWLEDGEMENT Service Provider/Professional hereby acknowledges receipt of the City of Fort Collins Request for Proposal and acknowledges that it has read and agrees to be fully bound by all of the terms, conditions and other provisions set forth in the RFP 9506 Convention & Visitor Services and sample Agreement except as otherwise noted. Additionally, Service Provider/Professional hereby makes the following representations to City: a. All of the statements and representations made in this proposal are true to the best of the Service Provider/Professional’s knowledge and belief. b. Service Provider/Professional commits that it is able to meet the terms provided in this proposal. c. This proposal is a firm and binding offer, for a period of 90 days from the date hereof. d. Service Provider/Professional further agrees that the method of award is acceptable. e. Service Provider/Professional also agrees to complete the proposed Agreement with the City of Fort Collins within 10 days of notice of award. If contract is not completed and signed within 10 days, City reserves the right to cancel and award to the next highest rated firm. f. Service Provider/Professional acknowledges receipt of addenda. g. Service Provider/Professional acknowledges no conflict of interest. h. Failure to provide a public viewing copy will be considered a waiver of any claim of confidentiality under Colorado Open Records Act (CORA). Service Provider/Professional hereby waives any and all claims for damages against the City for the City’s good faith compliance with CORA. Legal Firm Name: Physical Address: Remit to Address: Phone: Name of Authorized Agent of Firm: Signature of Authorized Agent: Primary Contact for Project: Title: Email Address: Phone: Cell Phone: NOTE: ACKNOWLEDGMENT IS TO BE SIGNED & RETURNED WITH YOUR PROPOSAL. Official Purchasing Document Last updated 10/27/2021 RFP 9506 Convention & Visitor Services Page 16 of 27 VI. SAMPLE AGREEMENT (FOR REFERENCE ONLY – DO NOT SIGN ) SERVICES AGREEMENT THIS AGREEMENT made and entered into the day and year set forth below by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and , hereinafter referred to as "Service Provider". WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Scope of Services. The Service Provider agrees to provide services in accordance with the scope of services attached hereto as Exhibit A, consisting of ( ) page(s) and incorporated herein by this reference. 2. Contract Period. This Agreement shall commence , 20 and shall continue in full force and effect until , 20 , unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for additional one year periods not to exceed four (4) additional one year periods. Renewals and pricing changes shall be negotiated by and agreed to by both parties only at the time of renewal. Written notice of renewal shall be provided to the Service Provider and mailed no later than thirty (30) days prior to contract end. 3. Delay. If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without its fault or negligence, then the party so prevented shall be excused from whatever performance is prevented by such cause. To the extent that the performance is actually prevented, the Service Provider must provide written notice to the City of such condition within ten (10) days from the onset of such condition. 4. Early Termination by City/Notice. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Service Provider. Such notice shall be delivered at least ten (10) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective immediately when emailed or three business days from the date of the notice when mailed to the following addresses: Service Provider: City: Copy to: Official Purchasing Document Last updated 10/27/2021 RFP 9506 Convention & Visitor Services Page 17 of 27 Attn: Email Address City of Fort Collins Attn: PO Box 580 Fort Collins, CO 80522 Email Address City of Fort Collins Attn: Purchasing Dept. PO Box 580 Fort Collins, CO 80522 purchasing@fcgov.com In the event of early termination by the City, the Service Provider shall be paid for services rendered to the date of termination, subject only to the satisfactory performance of the Service Provider's obligations under this Agreement. Service Provider shall submit a final invoice within ten (10) days of the effective date of termination. Undisputed invoices shall be paid Net 30 days of the date of the invoice. Such payment shall be the Service Provider's sole right and remedy for such termination. 5. Compensation. The City shall pay the Service Provider for the performance of this Contract, subject to additions and deletions provided herein, ($ ) as per the attached Exhibit , consisting of ( ) page(s), and incorporated herein by this reference. Invoices shall be emailed to invoices@fcgov.com with a copy to the Project Manager. The cost of the work completed shall be paid to the Service Provider following the submittal of a correct itemized invoice by the Service Provider. The City is exempt from sales and use tax. The City’s Certificate of Exemption license number is 09804502. A copy of the license is available upon written request. The City pays invoices on Net 30 days from the date of the invoice. 6. Appropriation. To the extent this Agreement or any provision in it constitutes a multiple fiscal year debt or financial obligation of the City, it shall be subject to annual appropriation by City Council as required in Article V, Section 8(b) of the City Charter, City Code Section 8-186, and Article X, Section 20 of the Colorado Constitution. The City shall have no obligation to continue this Agreement in any fiscal year for which no such supporting appropriation has been made. 7. City Representative. The City will designate, prior to commencement of the work, its representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the services provided under this agreement. All requests concerning this agreement shall be directed to the City Representative. 8. Independent Service Provider. The services to be performed by Service Provider are those of an independent service provider and not of an employee of the City. The City shall not be responsible for withholding any portion of Service Provider's compensation hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for any other purpose. 9. Subcontractors. Service Provider may not subcontract any of the Work set forth in the Exhibit A, Statement of Work without the prior written consent of the City, which shall not be unreasonably withheld. If any of the Work is subcontracted hereunder (with the consent of the City), then the following provisions shall apply: (a) the subcontractor must be a reputable, Official Purchasing Document Last updated 10/27/2021 RFP 9506 Convention & Visitor Services Page 18 of 27 qualified firm with an established record of successful performance in its respective trade performing identical or substantially similar work, (b) the subcontractor will be required to comply with all applicable terms of this Agreement, (c) the subcontract will not create any contractual relationship between any such subcontractor and the City, nor will it obligate the City to pay or see to the payment of any subcontractor, and (d) the work of the subcontractor will be subject to inspection by the City to the same extent as the work of the Service Provider. Irrespective of any subcontractors named in Exhibit A, Service Provider shall be solely responsible for performance of all duties hereunder. 10. Personal Services. It is understood that the City enters into the Agreement based on the special abilities of the Service Provider and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Service Provider shall neither assign any responsibilities nor delegate any duties arising under the Agreement without the prior written consent of the City. 11. Acceptance Not Waiver. The City's approval or acceptance of, or payment for any of the services shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement or cause of action arising out of performance of this Agreement. 12. Warranty. a. Service Provider warrants that all work performed hereunder shall be performed with the highest degree of competence and care in accordance with accepted standards for work of a similar nature. b. Unless otherwise provided in the Agreement, all materials and equipment incorporated into any work shall be new and, where not specified, of the most suitable grade of their respective kinds for their intended use, and all workmanship shall be acceptable to City. c. Service Provider warrants all equipment, materials, labor and other work, provided under this Agreement, except City-furnished materials, equipment and labor, against defects and nonconformances in design, materials and workmanship/workwomanship for a period, the longer of; i) The original manufacturer’s warranty term; or ii). beginning with the start of the work and ending twelve (12) months from and after final acceptance under the Agreement, regardless whether the same were furnished or performed by Service Provider or by any of its subcontractors of any tier. Upon receipt of written notice from City of any such defect or nonconformances, the affected item or part thereof shall be redesigned, repaired, or replaced by Service Provider in a manner and at a time acceptable to City. 13. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this agreement, such party may be declared in default thereof. 14. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and Official Purchasing Document Last updated 10/27/2021 RFP 9506 Convention & Visitor Services Page 19 of 27 seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail themselves of any other remedy at law or equity. If the non-defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non-defaulting party for the non-defaulting party's reasonable attorney fees and costs incurred because of the default. 15. Entire Agreement; Binding Effect; Order of Precedence; Authority to Execute. This Agreement, along with all Exhibits and other documents incorporated herein, shall constitute the entire Agreement of the parties regarding this transaction and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. Covenants or representations not contained in this Agreement shall not be binding on the parties. In the event of a conflict between terms of the Agreement and any exhibit or attachment, the terms of the Agreement shall prevail. Each person executing this Agreement affirms that they have the necessary authority to sign on behalf of their respective party and to bind such party to the terms of this Agreement. 16. Indemnity/Insurance. a. The Service Provider agrees to indemnify and save harmless the City, its officers, agents and employees against and from any and all actions, suits, claims, demands or liability of any character whatsoever brought or asserted for injuries to or death of any person or persons, or damages to property arising out of, result from or occurring in connection with the performance of any service hereunder. b. The Service Provider shall take all necessary precautions in performing the work hereunder to prevent injury to persons and property. c. Without limiting any of the Service Provider's obligations hereunder, the Service Provider shall provide and maintain insurance coverage naming the City as an additional insured under this Agreement of the type and with the limits specified within Exhibit C, consisting of one (1) page, attached hereto, and incorporated herein by this reference. The Service Provider before commencing services hereunder, shall deliver to the City's Purchasing Director, purchasing@fcgov.com or P. O. Box 580, Fort Collins, Colorado 80522, one copy of a certificate evidencing the insurance coverage required from an insurance company acceptable to the City. 17. Law/Severability. The laws of the State of Colorado shall govern the construction, interpretation, execution, and enforcement of this Agreement. The Parties further agree that Larimer County District Court is the proper venue for all disputes. If the City subsequently agrees in writing that the matter may be heard in federal court, venue will be in Denver District Court. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. 18. Utilization by Other Agencies. [Optional] The City reserves the right to allow other state and local governmental agencies, political subdivisions, and/or school districts to utilize the Official Purchasing Document Last updated 10/27/2021 RFP 9506 Convention & Visitor Services Page 20 of 27 resulting award under all terms and conditions specified and upon agreement by all parties. Usage by any other entity shall not have a negative impact on the City in the current term or in any future terms. Nothing herein shall be deemed to authorize or empower the Agency to act as an agent for the City in connection with the exercise of any rights hereunder, and neither party shall have any right or authority to assume or create any obligation or responsibility on behalf of the other. The other Agency shall be solely responsible for any debts, liabilities, damages, claims or expenses incurred in connection with any agreement established between them and the Service Provider. The City’s concurrence hereunder is subject to the Service Provider’s commitment that this authorization shall not have a negative impact on the work to be completed for the City. 19. Prohibition Against Unlawful Discrimination. The City, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US.C. §§ 2000d to 2000d-4) and the Regulations, affirmatively ensures that for all contracts entered into with the City, disadvantaged business enterprises are afforded a full and fair opportunity to bid on the contract and are not to be discriminated against on the grounds of race, color, or national origin in consideration for an award. The City strictly prohibits unlawful discrimination based on an individual’s gender (regardless of gender identity or gender expression), race, color, religion, creed, national origin, ancestry, age 40 years or older, marital status, disability, sexual orientation, genetic information, or other characteristics protected by law. For the purpose of this policy “sexual orientation” means a person’s actual or perceived orientation toward heterosexuality, homosexuality, and bisexuality. The City also strictly prohibits unlawful harassment in the workplace, including sexual harassment. Further, the City strictly prohibits unlawful retaliation against a person who engages in protected activity. Protected activity includes an employee complaining that he or she has been discriminated against in violation of the above policy or participating in an employment discrimination proceeding. The City requires its vendors to comply with the City’s policy for equal employment opportunity and to prohibit unlawful discrimination, harassment and retaliation. This requirement applies to all third-party vendors and their subcontractors at every tier. 20. Governmental Immunity Act. No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the notices, requirements, immunities, rights, benefits, protections, limitations of liability, and other provisions of the Colorado Governmental Immunity Act, C.R.S. § 24-10-101 et seq. and under any other applicable law. 21. Prohibition Against Employing Workers Without Authorization. Pursuant to Section 8-17.5- 101, C.R.S., et. seq., Service Provider represents and agrees that: a. As of the date of this Agreement: 1) Service Provider does not knowingly employ or contract with a worker without authorization who will perform work under this Agreement; and 2) Service Provider will participate in either the e-Verify program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Official Purchasing Document Last updated 10/27/2021 RFP 9506 Convention & Visitor Services Page 21 of 27 Congress, as amended, administered by the United States Department of Homeland Security (the “e-Verify Program”) or the Department Program (the “Department Program”), an employment verification program established pursuant to Section 8- 17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of all newly hired employees to perform work under this Agreement. b. Service Provider shall not knowingly employ or contract with a worker without authorization to perform work under this Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts with a worker without authorization to perform work under this Agreement. c. Service Provider is prohibited from using the e-Verify Program or Department Program procedures to undertake pre-employment screening of job applicants while this Agreement is being performed. d. If Service Provider obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with a worker without authorization, Service Provider shall: 1) Notify such subcontractor and the City within three days that Service Provider has actual knowledge that the subcontractor is employing or contracting with a worker without authorization; and 2) Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with a worker without authorization; except that Service Provider shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with a worker without authorization. e. Service Provider shall comply with any reasonable request by the Colorado Department of Labor and Employment (the “Department”) made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. f. If Service Provider violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this Agreement is so terminated, Service Provider shall be liable for actual and consequential damages to the City arising out of Service Provider’s violation of Subsection 8-17.5-102, C.R.S. g. The City will notify the Office of the Secretary of State if Service Provider violates this provision of this Agreement and the City terminates the Agreement for such breach. 22. Colorado Open Records Act. The City is subject to Sec. 24-72-201 et seq. of the Colorado Revised Statute (CORA). This Agreement is subject to public disclosure in whole pursuant to CORA. 23. Special Provisions. Special provisions or conditions relating to the services to be performed Official Purchasing Document Last updated 10/27/2021 RFP 9506 Convention & Visitor Services Page 22 of 27 pursuant to this Agreement are set forth in Exhibit D - Confidentiality, consisting of one (1) page, attached hereto, and incorporated herein by this reference. [Signature Page Follows] Official Purchasing Document Last updated 10/27/2021 RFP 9506 Convention & Visitor Services Page 23 of 27 THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul, Purchasing Director Date: ATTEST: APPROVED AS TO FORM: SERVICE PROVIDER By: Printed: Title: Date: Official Purchasing Document Last updated 10/27/2021 RFP 9506 Convention & Visitor Services Page 24 of 27 EXHIBIT A SCOPE OF SERVICES Official Purchasing Document Last updated 10/27/2021 RFP 9506 Convention & Visitor Services Page 25 of 27 EXHIBIT B BID SCHEDULE/COMPENSATION The following pricing shall remain fixed for the initial term of this Agreement. Any applicable price adjustments may only be negotiated and agreed to in writing at the time of renewal. Official Purchasing Document Last updated 10/27/2021 RFP 9506 Convention & Visitor Services Page 26 of 27 EXHIBIT C INSURANCE REQUIREMENTS The Service Provider will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Service Provider shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies. In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Service Provider, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Service Provider under this Agreement. Insurance certificates should show the certificate holder as follows: City of Fort Collins Purchasing Division PO Box 580 Fort Collins, CO 80522 The City, its officers, agents and employees shall be named as additional insureds on the Service Provider 's general liability and automobile liability insurance policies by marking the appropriate box or adding a statement to this effect on the certificate, for any claims arising out of work performed under this Agreement. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The Service Provider shall maintain during the life of this Agreement for all of the Service Provider's employees engaged in work performed under this agreement. Workers' Compensation & Employer’s Liability insurance shall conform with statutory limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee, or as required by Colorado law. B. General Liability. The Service Provider shall maintain during the life of this Agreement such General Liability as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for General Liability, shall not be less than $1,000,000 combined single limits for bodily injury and property damage. C. Automobile Liability. The Service Provider shall maintain during the life of this Agreement such Automobile Liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for Automobile Liability, shall not be less than $1,000,000 combined single limits for bodily injury and property damage. In the event any work is performed by a subcontractor, the Service Provider shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance. Official Purchasing Document Last updated 10/27/2021 RFP 9506 Convention & Visitor Services Page 27 of 27 EXHIBIT D CONFIDENTIALITY IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the “City”) pursuant to this Agreement (the “Agreement”), the Service Provider hereby acknowledges that it has been informed that the City has established policies and procedures with regard to the handling of confidential information and other sensitive materials. In consideration of access to certain information, data and material (hereinafter individually and collectively, regardless of nature, referred to as “information”) that are the property of and/or relate to the City or its employees, customers or suppliers, which access is related to the performance of services that the Service Provider has agreed to perform, the Service Provider hereby acknowledges and agrees as follows: That information that has or will come into its possession or knowledge in connection with the performance of services for the City may be confidential and/or proprietary. The Service Provider agrees to treat as confidential (a) all information that is owned by the City, or that relates to the business of the City, or that is used by the City in carrying on business, and (b) all information that is proprietary to a third party (including but not limited to customers and suppliers of the City). The Service Provider shall not disclose any such information to any person not having a legitimate need-to-know for purposes authorized by the City. Further, the Service Provider shall not use such information to obtain any economic or other benefit for itself, or any third party, except as specifically authorized by the City. The foregoing to the contrary notwithstanding, the Service Provider understands that it shall have no obligation under this Agreement with respect to information and material that (a) becomes generally known to the public by publication or some means other than a breach of duty of this Agreement, or (b) is required by law, regulation or court order to be disclosed, provided that the request for such disclosure is proper and the disclosure does not exceed that which is required. In the event of any disclosure under (b) above, the Service Provider shall furnish a copy of this Agreement to anyone to whom it is required to make such disclosure and shall promptly advise the City in writing of each such disclosure. In the event that the Service Provider ceases to perform services for the City, or the City so requests for any reason, the Service Provider shall promptly return to the City any and all information described hereinabove, including all copies, notes and/or summaries (handwritten or mechanically produced) thereof, in its possession or control or as to which it otherwise has access. The Service Provider understands and agrees that the City’s remedies at law for a breach of the Service Provider’s obligations under this Confidentiality Agreement may be inadequate and that the City shall, in the event of any such breach, be entitled to seek equitable relief (including without limitation preliminary and permanent injunctive relief and specific performance) in addition to all other remedies provided hereunder or available at law.