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HomeMy WebLinkAboutVISIT FORT COLLINS - CONTRACT - RFP - 9506 CONVENTION & VISITOR SERVICESOfficial Purchasing Document Last updated 10/27/2021 Services Agreement RFP 9506 Convention & Visitor Services Page 1 of 16 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 FORT COLLINS CONVENTION AND VISITOR’S BUREAU, INC., d/b/a VISIT FORT COLLINS, a Colorado nonprofit corporation, 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 seven (7) page(s) and incorporated herein by this reference (“Scope of Services”). 2. Contract Period. This Agreement shall commence May 1, 2022 and shall continue in full force and effect until April 30, 2023, 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 fifteen (15) 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 fifteen (15) 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: Fort Collins Convention and Visitor’s Bureau, Inc. dba Visit Fort Collins Attn: Cynthia Eichler City of Fort Collins Attn: Amanda King PO Box 580 Fort Collins, CO 80522 City of Fort Collins Attn: Purchasing Dept. PO Box 580 Fort Collins, CO 80522 DocuSign Envelope ID: 50151C22-7F7F-43CA-8060-F0F3DE6C0535 Official Purchasing Document Last updated 10/27/2021 Services Agreement RFP 9506 Convention & Visitor Services Page 2 of 16 1 Old Town Square, Suite 107 Fort Collins, CO 80524 cynthia@ftcollins.com aking@fcgov.com purchasing@fcgov.com In the event of early termination by the City, the Service Provider shall promptly return to the City the portion of the Fee (as “Fee” is defined in Section 5 below) that remains unused as of the effective date of termination. 5. Compensation. The City shall pay the Service Provider for the performance of this Agreement an annual fee (“Fee”) equal to seventy percent (70%) of the total lodging tax revenue collected in the previous calendar year. For clarity, the Fee for the initial Agreement term for the period May 1, 2022 through April 30, 2023 is $1,106,967 . The calculation is as follows: 2021 Lodging Tax Revenue: $1,581,381 70 % of Lodging Tax Revenue: $1,106,967 The Fee will be calculated annually in January based on the total lodging tax revenue collected in the previous calendar year. For 2022, the Fee will be paid by the City to the Service Provider in a single lumpsum payment made by June 30, 2022, subject to City Council approval of funding an appropriation ordinance related thereto. For each subsequent year during the term of this Agreement, subject to City Council approval of funding appropriations ordinances related thereto, the Fee will be paid by the City to the Service Provider in one payment on or about March 31, with any necessary true-up payment paid by June 30. 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, Scope of Services 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, qualified firm with an established record of successful performance in its respective trade DocuSign Envelope ID: 50151C22-7F7F-43CA-8060-F0F3DE6C0535 Official Purchasing Document Last updated 10/27/2021 Services Agreement RFP 9506 Convention & Visitor Services Page 3 of 16 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. 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 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 assig ns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said DocuSign Envelope ID: 50151C22-7F7F-43CA-8060-F0F3DE6C0535 Official Purchasing Document Last updated 10/27/2021 Services Agreement RFP 9506 Convention & Visitor Services Page 4 of 16 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 B, 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. 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 DocuSign Envelope ID: 50151C22-7F7F-43CA-8060-F0F3DE6C0535 Official Purchasing Document Last updated 10/27/2021 Services Agreement RFP 9506 Convention & Visitor Services Page 5 of 16 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. 19. 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. 20. 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 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 DocuSign Envelope ID: 50151C22-7F7F-43CA-8060-F0F3DE6C0535 Official Purchasing Document Last updated 10/27/2021 Services Agreement RFP 9506 Convention & Visitor Services Page 6 of 16 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. 21. 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. 22. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit C - Confidentiality, consisting of one (1) page, attached hereto, and incorporated herein by this reference. [Signature Page Follows] DocuSign Envelope ID: 50151C22-7F7F-43CA-8060-F0F3DE6C0535 Official Purchasing Document Last updated 10/27/2021 Services Agreement RFP 9506 Convention & Visitor Services Page 7 of 16 THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul, Purchasing Director Date: ATTEST: APPROVED AS TO FORM: FORT COLLINS CONVENTION AND VISITOR’S BUREAU, INC., d/b/a VISIT FORT COLLINS, a Colorado nonprofit corporation By: Printed: Cynthia Eichler Title: President and CEO Date: DocuSign Envelope ID: 50151C22-7F7F-43CA-8060-F0F3DE6C0535 5/19/2022 Assistant City Attorney 5/20/2022 City Clerk Official Purchasing Document Last updated 10/27/2021 Services Agreement RFP 9506 Convention & Visitor Services Page 8 of 16 EXHIBIT A SCOPE OF SERVICES I. BACKGROUND & OBJECTIVE / OVERVIEW A. Objective The City of Fort Collins is engaging the Service Provider 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 annually, after the prior year’s Lodging Tax Collections have been finalized. Total collections in 2021 were $1,581,381. 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:  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. DocuSign Envelope ID: 50151C22-7F7F-43CA-8060-F0F3DE6C0535 Official Purchasing Document Last updated 10/27/2021 Services Agreement RFP 9506 Convention & Visitor Services Page 9 of 16 II. SCOPE OF SERVICES A. Scope of Work The 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. 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. DocuSign Envelope ID: 50151C22-7F7F-43CA-8060-F0F3DE6C0535 Official Purchasing Document Last updated 10/27/2021 Services Agreement RFP 9506 Convention & Visitor Services Page 10 of 16 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)  Poudre Heritage Corridor  Downtown Development Authority(DDA)  Tourism Improvement District (TID) DocuSign Envelope ID: 50151C22-7F7F-43CA-8060-F0F3DE6C0535 Official Purchasing Document Last updated 10/27/2021 Services Agreement RFP 9506 Convention & Visitor Services Page 11 of 16  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 City. This is not intended to prohibit the Service Provider from providing information on local and regional events, attractions, activities and accommodations. DocuSign Envelope ID: 50151C22-7F7F-43CA-8060-F0F3DE6C0535 Official Purchasing Document Last updated 10/27/2021 Services Agreement RFP 9506 Convention & Visitor Services Page 12 of 16 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. 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 DocuSign Envelope ID: 50151C22-7F7F-43CA-8060-F0F3DE6C0535 Official Purchasing Document Last updated 10/27/2021 Services Agreement RFP 9506 Convention & Visitor Services Page 13 of 16 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. Subcontractors/Subconsultants Service Provider intends to utilize subcontractors/subconsultants for the following services under this Agreement:  Simpleview – Website host: 7458 N La Cholla Blvd, Suite 100 Tucson, AZ 85741  CVENT – Software Subscription: 1765 Greensboro Station Place, 7th Floor, Tysons Corner, VA 22102  Mint – Simpleview subscription: 7458 N La Cholla Blvd, Suite 100 Tucson, AZ 85741  SDR – Lead Generation Services: 776 South Military Trail, Deerfield Beach, FL 33442 C. Laws and Regulations The Service Provider 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). D. 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 annually, after the prior year’s Lodging Tax Collections have been finalized. DocuSign Envelope ID: 50151C22-7F7F-43CA-8060-F0F3DE6C0535 Official Purchasing Document Last updated 10/27/2021 Services Agreement RFP 9506 Convention & Visitor Services Page 14 of 16 E. 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. DocuSign Envelope ID: 50151C22-7F7F-43CA-8060-F0F3DE6C0535 Official Purchasing Document Last updated 10/27/2021 Services Agreement RFP 9506 Convention & Visitor Services Page 15 of 16 EXHIBIT B 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. DocuSign Envelope ID: 50151C22-7F7F-43CA-8060-F0F3DE6C0535 Official Purchasing Document Last updated 10/27/2021 Services Agreement RFP 9506 Convention & Visitor Services Page 16 of 16 EXHIBIT C 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. DocuSign Envelope ID: 50151C22-7F7F-43CA-8060-F0F3DE6C0535 DocuSign Envelope ID: 50151C22-7F7F-43CA-8060-F0F3DE6C0535 03/07/2022 Plummer Insurance, Inc. 1520 E Mullberry Fort Collins CO 80524 Daniel Ecker (970) 484-1401 (970) 449-4630 decker@plummerinsurance.com Fort Collins Convention & Visitors Bureau, Inc 1 Old Town Square Suite 107 Fort Collins CO 80524 Liberty Mutual Group Inc. United States Liability Insurance Company CL223709010 A Y BZS63908717 09/29/2021 09/29/2022 2,000,000 2,000,000 15,000 4,000,000 Empl Rel Practies Liab 10,000 A N XWS63908717 09/29/2021 09/29/2022 1,000,000 1,000,000 1,000,000 B Directors and Officers NDO1586969 06/20/2021 06/20/2022 Each Claim $1,000,000 Aggregate $1,000,000 Aggregate limits may be lower than indicated due to unrealized claims The City of Fort Collins 200 W Oak St Fort Collins CO 80524 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY DocuSign Envelope ID: 50151C22-7F7F-43CA-8060-F0F3DE6C0535 DocuSign Envelope ID: 50151C22-7F7F-43CA-8060-F0F3DE6C0535