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HomeMy WebLinkAboutNEW HORIZONS TRAVEL - CONTRACT - RFP - P687 NEW HORIZONS TRAVELSERVICES AGREEMENT TRAVEL MANAGEMENT SERVICES NEW HORIZONS TRAVEL 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 New Horizons Travel, 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 Travel Management Services in accordance with the scope of services attached hereto as Exhibit "A", consisting of three (3) pages, and incorporated herein by this reference. 2. Contract Period This Agreement shall commence November 1, 1998, and shall continue in full force and effect until October 31, 1999, 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. Pricing changes shall be negotiated by and agreed to by both parties. 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 when mailed, postage prepaid and sent to the following addresses: City: City of Fort Collins Purchasing PO Box 580 Fort Collins, CO 80522 Service Provider: New Horizons Travel 1025 East Swallow Road Fort Collins, CO 80525 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. Such payment shall be the Service Provider's sole right and remedy for such termination. Sep-24-98 10:39 John Martinez 970 723 0984 P.01 CERTIFICATE OF INSURANCE *1ASTATE FARM FIRE AND CASUALTY COMPANY, Bloomington, Illinois ❑ STATE FARM GENERAL INSURANCE COMPANY, Bloomington, Illinois ing policyholder for the coverages indicated below. policyholder DALE CLARKEN DBA NEW HORIZONS TRAVEL COMPANY Address of policyholder 1025 E SWALLOW RD FORT COLLINS, CO 80525 Location of operations 1025 E SWALLOW RD, FORT COLLINS, CO 80525 Description of operations TRAVEL AGENT The policies listed below have been issued to the policyholder for the policy subject to all the terms exclusions. and conditions of thn.A nniirio. Tho limit. r shown. The insurance described in these pollc POLICY NUMBER __. _.___ TYPE OF INSURANCE _..___...._.......__. ..-_...y._.... POLICY PERIOD .... ... .. ..�.. �.....�..,...�... LIMITS OF LIABILITY Effective Data Expiration Data at beginning of policy period) Comprehensive BODILY INJURY AND 96-14-6169-2 Business Liability 12/11/97 12/11/98 PROPERTY DAMAGE This insurance includes: W Products - Completed Operations ® Contractual Llabii ty ® Underground Hazard Coverage Each Occurrence $ 1 . o n n f non Personal Injury ® Advertising Injury General Aggregate $ 2. 0W) 000 ❑ Explosion Hazard Coverage Products - Completed ❑ Collapse Hazard Coverage Operations Aggregate $ 2Con „-Q,o o ❑ General Aggregate Limit applies to each project EXCESS LIABILITY POLICY PERIOD BODILY INJURY AND PROPERTY DAMAGE Effective Date Expiration Date (Combined Single Limit) [] Umbrella Each Occurrence $ ❑ Other Aggregate $ Part t STATUTORY Part 2 BODILY INJURY 96-CZ-4265-7 Workers' Compensation 01/01/98 01/01/99 and Employers Liability Each Accident $ Disease Each Employee $ Disease - Policy Limit $ POLICY NUMBER TYPE OF INSURANCE POLICY PERIOD LIMITS OF LIABILITY Effective Date Expiration Date at '--Ing of policy period) Name and Address of Cerdticate Holder CITY OF FORT COLLINS ATTN: JIM HUME 300 LAPORTE AVE FORT COLLINS, CO 80521 658-e9e a 2-00 Printed in USA IT any of the described policies are canceled before its expiration date, State Farm will try to mail a written notice to the certificate holder days before cancellation. If, however, we fail to mail such notice, no obligation or liability will be imposed on State Farm or is agents or representatives. signature of Authorized Representative Title a _ . J'Loo 5. Contract Sum The City shall pay the Service provider for the performance of this Contract, subject to additions and deletions provided herein, the amounts invoiced and properly due for travel expenses, either via the Diners Club account or via direct payment. 6. 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. 7. 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 of Fort Collins. 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. 8. 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. 9. 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. 10. Warranty 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. 11. 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. 12. 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 himself 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. 13. Binding Effect This writing, together with the exhibits hereto, constitutes the entire agreement between the parties 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. 14. 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 Director of Purchasing and Risk Management, 256 West Mountain Avenue, Fort Collins, Colorado 80521 one copy of a certificate evidencing the insurance coverage required from an insurance company acceptable to the City. 15. Entire Agreement This Agreement, along with all Exhibits and other documents incorporated herein, shall constitute the entire Agreement of the parties. Covenants or representations not contained in this Agreement shall not be binding on the parties. 16. Law/Severability The laws of the State of Colorado shall govern the construction interpretation, execution and enforcement of this Agreement. 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. 17. Special Provisions Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit C, consisting of two (2) pages, attached hereto and incorporated herein by this reference. ATTEST:: /6- h�' City Clerk APPROVED AS TO FORM: Assistant City Attorne ATTEST: Corporate Secretary THE CITY OF FORT COLLINS, COLORADO By: Jam . O'Neill II, CPPO Dir c r of Purchasing & Risk Management DATE: NEW KRIZONS TRAVEL By:21o1 1�, Dale Clarl President Date: ' d�q5 (Corporate Seal) Exhibit A Scope of Work 1.0 Contractor Requirements Contractor must have and maintain, as a minimum, the capabilities listed below. Contractor must be currently, and remain, authorized to provide travel service under the State of Colorado Statewide Travel Management Program. a. Contractor shall be equipped with necessary office and automated reservation equipment, computer systems and related items necessary to conduct operations to fulfill the contract requirements. Further, contractor must have a system of direct interface between the reservation, ticketing, and accounting elements capable of issuing passenger reports and summary data automatically generated from point -of -sale information. b. The Contractor shall provide a full-time site manager and other personnel with experience in arranging transportation via all modes and are familiar with lodging establishments and vehicle rental firms. C. At a minimum, the Contractor shall be available to provide service 8:00 a.m. to 5:00 p.m., Monday through Friday. Emergency services outside working hours shall be provided by the Contractor through traveler access to a 24-hour, toll -free telephone number. 1.1 Services to be Provided by Contractor 1. Fares: It is the City's intent to obtain the lowest possible fares for authorized official government travel. The City is exempt from federal excise taxes, and no payment will be made for any taxes levied on vendor's employee's wages. The City is exempt from state and local sales and use taxes on the service supplied pursuant to this contract. In addition, the City shall not pay additional ticketing fees or charges over and above the cost of the tickets, except for ticket exchange fees, ticket refund fees, and fees associated with processing airline ticket coupons or credits which reduce a traveler's fare. It is the responsibility of the contractor to inform travel arranger of any cancellation or rebooking penalty that may exist on fare. Travel arranger has the right to refuse offered ticketing based on the cancellation/rebooking penalty policy. 2. Transportation Contractor must comply with each of the minimum requirements listed below. E1 a. The Contractor shall make airline reservations as set forth in the State of Colorado Statewide Travel Management Program. The contractor shall also make reservations for other modes of transportation such as bus, rail, and ship. Full coach fares may be used only if no other reduced fares are available. City travel regulations prohibit the use of first-class fares. To ensure the lowest available price for the City, off-peak, excursion, promotional and other types of discount fares must be used if other negotiated fare contracts are not applicable. If lower in cost, such promotional fares should be used in preference to negotiated rates. b. Ticket Delivery: The Contractor shall provide daily delivery of tickets, itineraries and boarding passes if requested by the client. Tickets shall routinely be provided not later than 2 days nor more than 5 days in advance of scheduled travel date unless the traveler requests otherwise. C. The Contractor shall make adjustments for changes in flight, train, bus or ship schedules. Tickets and billings shall be modified or reissued to reflect these changes. Contractor shall provide advance seat assignment, advance boarding passes, and last seat availability on airlines for which the Contractor can offer these services. Rental Vehicles: The Contractor shall reserve commercial rental vehicles at the lowest rate possible. Confirm the rate at which the reservations is made, and include such information on the traveler's itinerary. Vehicle size and mileage costs must be consistent with the minimum -size vehicle needed to achieve traveler's mission and City's interest in economy. The City is self -insured and additional insurance coverage is not needed on rental vehicles. 3. International Travel The Contractor shall arrange for international travel, including reservations and ticket delivery for air, rail, bus or ship transportation and reservations for lodging accommodations and for car rental services. 4. Lodging The Contractor shall provide lodging reservation services; including initiating and confirming reservations. Wherever possible, discounted government rates shall be obtained for City travelers. Final selection of accommodations will be made by the traveler. 5. Traveler's Itineraries The Contractor shall provide to each traveler a complete written trip itinerary including, but not limited to, the following: a. Carrier(s); E2 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, and containing substantially the following statement" "The insurance evidenced by this Certificate will not be cancelled or materially altered, except after ten (10) days written notice has been received by the City of Fort Collins." 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. 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 for any claims arising out of work performed under this Agreement. 2. 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 insurance with statutory limits as required by Colorado law. 2. Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee. B. Commercial General & Vehicle Liability. The Service Provider shall maintain during the life of this Agreement such commercial general liability and 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 each coverage, Commercial General and Vehicle, shall not be less than $500,000 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. E4 EXHIBIT C YEAR 2000 COMPLIANCE CERTIFICATION AND INDEMNITY s9ection 1. Contractor hereby certifies that all information resources or systems to be provided or used in connection with the performance of this Agreement are "Year 2000 Compliant', except as otherwise expressly described in Section 2, below. "Year 2000 Compliant' shall mean that information resources meet the following criteria: a. Data structures (e.g., databases, data files) provide 4-digit date century recognition. For example, "1996" provides date century recognition; "96" does not. b. Stored data contains date century recognition, including (but not limited to) data stored in databases and hardware/device internal system dates. C. Calculations and programs logic accommodate both same century and multi -century formulas and date values. Calculations and logic include (but are not limited to) sort algorithms, calendar generation, event recognition, and all processing actions that use or produce date values. d. Interfaces (to and from other systems or organizations) prevent non -compliant dates and data from entering any state system. e. User interfaces (i.e., screens; reports; etc.) accurately show 4 digit years. Year 2000 is correctly treated as a leap year within all calculation and calendar logic. t' n 2. Contractor has identified the following information resources or systems that will be provided or used in connection with the performance of this Agreement that are not, or will not by December 1, 1998, be Year 2000 Compliant: ion 3. a. Contractor hereby certifies that the instances of information resources or systems not Year 2000 Compliant identified in Section 2, above, will be Year 2000 Compliant no later than December 1, 1998, and that Contractor shall notify the City of the status of Year 2000 Compliance for such resources or systems upon the earlier of the date Year 2000 Compliance is achieved or on June 30, 1999. b. Contractor hereby certifies that the instances of information resources or systems identified in Section 2, above, as not Year 2000 Compliant, and for which Year 2000 Compliance is or will not be achieved by December 1, 1998, are not related to and do not impair the E5 performance by Contractor of the terms of this Agreement, and do not produce new non -compliant information resources or systems. ct'on 4 Contractor agrees to notify the City immediately of any information resources or systems that are not Year 2000 Compliant upon encountering the same in connection with the performance of the Agreement, including without limitation any information resources or systems in use by Contractor in the performance of the Agreement or information resources or systems of the City regarding which Contractor obtains information in the course of its performance of the Agreement. ct' n 5. Contractor agrees to permit examination, by the City or agents thereof, of any and all information resources and systems in use in connection with this Agreement, and related Year 2000 Compliance implementation plans, in order to evaluate Year 2000 Compliance and potential implications of the same for the City and for performance of the Agreement. ect' n 6. The Contractor shall indemnify and hold harmless the City, and its officers, agents and employees, from and against all claims, damages, losses, and expenses, including attorneys fees, arising out of or resulting from the Contractor's failure to disclose instances of information resources or systems that are not Year 2000 Compliant, or failure to comply with the terms of this Exhibit C. W1,