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HomeMy WebLinkAbout113129 FORT COLLINS CONVENTION BUREAU - CONTRACT - RFP - P781 CONVENTION AND VISITOR SERVICESSERVICES AGREEMENT THIS AGREEMENT made and entered into this 1st day of April, 2001, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and the FORT COLLINS CONVENTION AND VISITORS BUREAU, hereinafter referred to as 'Bureau". 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 Bureau agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of seven (7) pages, and incorporated herein by this reference. 2. Contract Period. This Agreement shall commence April 1, 2001, and shall continue in full force and effect until December 31, 2001, 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. Annual increases for changes in the Scope of Work will be negotiated. Pricing changes to the base contract shall be negotiated by and agreed to by both parties and may not exceed the Denver - Boulder CPI-U as published by the Colorado State Planning and Budget Office. Written notice of renewal shall be provided to the Bureau and mailed no later than ninety (90) days prior to contract end. 3. Performance Measures. A list of performance indicators to be used as a measuring standard for evaluating the performance of the Bureau under this Agreement will be at least those items listed in Exhibit "B", consisting of two (2) pages, attached hereto and incorporated herein by this reference. 4. Nondiscrimination in Promotional Activitie . The Bureau shall in its promotional services, and specifically in its informational and promotional material, maintain fairness, equity and impartiality to all members of the Fort Collins business community, without regard to membership or participation in the Bureau organization. I Develop community partnerships with groups including but not limited to: • Fort Collins International Visitors Council • Fort Collins Innkeepers Association • Arts Alive • Cultural Resource Board • Poudre Heritage Corridor Act as a liaison and assist in coordination of local and regional events including Fort Fund Events, that are held in Fort Collins. This may include: • Workshops to help event organizers promote and organize their events • Open houses • Community outreach • Available to offer assistance upon request. Provide a variety of effective marketing devises such as: • Develop and publish at least one promotional brochure that effectively markets Fort Collins as a general visitor and convention destination. • A web site targeted to visitors. • Toll -free telephone numbers. • Cooperative and pro -active marketing programs with industry partners, such as hotels, motels, bed and breakfasts and other communities as deemed appropriate. • Develop and deliver a minimum of two training sessions for Bureau members annually. • Deliver a newsletter a minimum of six time annually. • Undertake annual market research to improve Bureau marketing programs. Develop and maintain the following: • All inclusive Calendar of events and Tourism information in writing and on the web site and act as an information -clearing house for those activities. • Programs that increase visitor spending with Fort Collins area businesses. Respond if appropriate to State Film Commission inquiries promoting Fort Collins as a desirable location. Provide a quarterly report of activities outlining performance of the Bureau and current developments in the Fort Collins area related to promotion of tourism and convention activities. Conduct annual conversion studies to measure the effectiveness of Bureau marketing activity, and to better understand the demographic and psycographic makeup of the market. Develop alternative sources of revenue to provide a minimum of 20% of the Bureau's annual budget. Oversee the operation of the Colorado Welcome Center at Fort Collins as well as the Visitors Center in Downtown Fort Collins. The Colorado Welcome Center is a separate contract in the amount of $51,250. The services which follow only refer to the City Welcome Center Services: 2 A. Bureau agrees that it will at all times comply with and be bound by the requirements and obligations of the City in all aspects of its use of 3545 East Prospect Road (the "Center"), as set forth in the Intergovernmental Agreement for the Environmental Learning CenterNisitor's Center/Welcome Center, dated August 1999, by and between the Colorado State Board of Agriculture acting by and through Colorado State University, a State of Colorado institution of higher education, for the use and benefit of the College of Natural Resource Recreation and Tourism (University), and the City of Fort Collins, a Colorado municipal corporation (the "IGA"). Bureau shall be entitled to use the portions of Center, as shown on Attachrnent 1 (attached hereto and incorporated herein by this reference), for office space, Visitor's Center and Welcome Center uses, consistent with the terms of this Additional Scope of Work and all other provisions of the Agreement, in the performance of its obligations under the Agreement. B. Bureau agrees to operate the Fort Collins Convention and Visitor's Center in the space designated by the City at 3545 East Prospect Road, and agrees to: • Recruit, select and employ a manager and any staff necessary to operate the Visitor's Center as employees of the Fort Collins Convention & Visitors Bureau. The Visitor's Center manager will communicate directly with the City's designated representative under the Agreement. • Recruit, select, supervise and appropriately recognize the efforts of volunteers necessary to operate the Visitor's Center. • Make arrangements for all necessary building maintenance to the extent required under the IGA. • Provide all utilities and insurance. • Submit in a timely fashion all regular reports required by the City. ® 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 Bureau from providing information on local and regional events, attractions, activities and accommodations. • Operate the Visitor's Center from 8:00 am - 6:00 p.m. (May 1 through September 30) and 8:00 .m - 5:00 p.m. (October 1 through April 30). The Visitor's Center may be closed on New Year's Day, Easter Sunday, Thanksgiving Day and Christmas Day. • Display the City map provided by the City. • The Visitor's Center space is shared space, and Bureau shall not be entitled to use the Visitor's Center for separate advertising displays, signs or posters, solicitations or sales transactions of any kind not intended as part of the Visitor's Center. 3 • Maintain properly segregated books for the Visitor's Center reflecting City funds and other funds associated with the Visitor's Center. CLARIFICATIONS TO THE SCOPE OF WORK The Fort Collins Convention & Visitors Bureau (herein referred to as "the Bureau") will develop and implement marketing programs that impact the entire Fort Collins tourism industry. With this in mind the Bureau will target the following markets: • Meetings, conventions and events • Leisure travel • Group travel (as resources allow) The Bureau will produce an annual marketing plan with measurable goals and objectives. The Bureau's Board of Directors developed a long-term strategic plan in the Spring of 1999. The Bureau Board has held retreats in both the Fall of 1999 and 2000 to review and update the strategic plan. While some elements of this plan have been implemented, other projects require attention. The Bureau's Board will utilize the 1999 plan as a base and adjust it annually as needed. The Bureau is developing domestic and international marketing programs that will greatly enhance awareness of Fort Collins as a destination: A. Domestically: 1) The Bureau has developed the "Great Day" campaign to capture the diverse experiences that can be enjoyed in the Fort Collins area. The campaign has been designed so that restaurants, attractions, lodging entities and other tourism industry partners can integrate the campaign into their materials. (It should be noted that the "Great Day" campaign was developed in-house with the assistance of a Fort Collins based graphic artist.) 2) The Bureau is working to develop a weekend get -away market through programs like the "Make it a Ram Weekend" campaign (see Appendix C — Make it a Ram Weekend). This program is designed to integrate the highly visible Colorado State University athletic programs with events and activities that take place throughout Fort Collins. 3) The Bureau is placing advertising in publications that generate high volumes of inquiries for travel information (see Appendix D — Advertisement Copies). 4) The Bureau is capitalizing on the new "Welcome Center at Fort Collins" to encourage visitors to extend their stay and explore Fort Collins. 5) The Bureau is upgrading its' web site and collateral material to make Fort Collins information more exciting and accessible. (Visit www.ftcollins.com) 6) The Bureau is working to develop cooperative marketing efforts with hospitality industry partners to enhance the impact of the community's collective resources. B. Internationally: 1) The Bureau is cooperating with State of Colorado initiatives in developing the international market. 2) Specifically the Bureau has participated in advertising programs in the British and German markets. Both Germany and the U.K. offer direct flights to 4 Denver International Airport, making Colorado a much more attractive destination. These ads were placed in cooperation with the Boulder CVB. 3) The Bureau has contracted with Rocky Mountain Holiday Tours (RHMT), a Fort Collins based "receptive operator." RMHT will represent Fort Collins to the international travel industry in the most cost effective and beneficial fashion. The letter of agreement with RMHT is attached as Appendix E — RMHT Agreement. All aspects of the Bureau's efforts are focused on promoting all of Fort Collins' events, attractions and amenities. To this end the Bureau has engaged in the following programs: A. integration of the Bureau's online calendar of events with that of Colorado State University. B. Development of the Fort Collins Visitors Guide as an inclusive brochure that promotes Fort Collins events, attractions and amenities (110,000 printed for 2001, see Appendix F — 2001 Fort Collins — Official Guide for Visitors). C. The development of the "Make it a Ram Weekend" calendars (Fall/Winter), as well as a hard copy calendar for the April through August time frame. D. The Bureau is actively involved with the following community organizations: Poudre Heritage Alliance •3 Arts Alive •:• Cultural Resources Board Downtown Business Association Colorado State University ❖ The City of Fort Collins Fort Collins International Visitor Council • Northern Colorado Sports Allian The Bureau is working to enhance customer service as it relates not only to the hospitality/tourism market of Fort Collins, but to the residents of the community as well. Specifically: A. Greater support provided via the Colorado Welcome Center (open seven days a week). B. Extensive brochure distribution space is available through the new Colorado Welcome Center at Fort Collins, including 24-hour information access provided through a brochure rack positioned < t the Welcome Center parking lot. C. Year round stocking of the Historic Old Town Visitors Center and seasonal staffing (April through September). D. City of Fort Collins information on bike trails, recreational opportunities, transportation and other services are available at all Bureau outlets. E. The City of Fort Collins, the Fort Collins Area Chamber of Commerce, Colorado State University and other community web sites are linked to the Bureau's web site. F. 24 hour turn around on inquiries. G. The development and implementation of an inventory of convention/visitor services to support meeting and convention planners, as well as their attendees. The Bureau is implementing a full-scale conference and tradeshow marketing and support program. The attached is the 2001 program of work detailing the activity that the Bureau plans to implement in 2001. Priorities include the following: A. Partnership with CSU, the lodging industry and industry partners based in Fort Collins (Association of Collegiate Conference & Events Directors — International). B. Presentation of Fort Collins as the affordable Colorado destination for meetings conferences and events. 5 C. Focusing on the following markets: ❖ State associations •:• Religious meetings ❖ Meetings and events that compliment Colorado State University ❖ Regional and national events that traditionally utilize university communities and/or desire a quality and affordable Colorado destination ❖ Sports ❖ Government (with a focus on regional/national) ❖ Cultivation of Fort Collins area leadership in identifying and pursuing events that will be influenced by .local connections. (This strategy is particularly critical to successfully bringing service organizations and other affinity groups to Fort Collins.) Coordination of the Young Japanese Teacher Program and the Fort Collins International Visitors Council programs: A. The Bureau has been proud to serve as a partner with the City of Fort Collins and the Poudre School District in working on the Japanese Teachers program. The Bureau staff will continue to assist in the coordination of accommodations, transportation and activities for the teachers. The Bureau staff will also serve as a local contact for the teachers while they are in Fort Collins. The Bureau will work with and respond to all requests for support from M.E.M. Travel. B. The Bureau is an information resource for all visitors to Fort Collins, hence it makes sense for the Bureau to provide administrative support and be the address for the Fort Collins International Visitors Council. This program is not expected to put undue stress on the Bureau resources in 2001. As the Fort Collins International Visitors Council grows, the Bureau reserves the right to re-evaluate the need for additional resources to support this program. Acting as a liaison and support for local and regional events and partners: A. On going promotion of activities in the region through the following sources: ❖ Bureau web site Bureau brochures ❖ Bureau calendar of events ❖ Coop marketing programs ❖ Inclusion of events in monthly Bureau newsletter (see Appendix G - Newsletter) ❖ Promotion of events in weekly calendar distributed to Fort Collins area lodging partners B. Provide Bureau orientation workshops prior to all four Bureau partner mixers C. Provide coop marketing workshop (Arts Alive) D. Hospitality/guest services workshop (Fort Collins Innkeepers) E. International guest services workshop (all Bureau members) F. Frontline product FAM (familiarization tour during National tourism week) G. Provide consultation to all groups and organizations on event planning, sponsorship development and other issues relative to event management. Additional issues per the "scope of work: A. The Bureau will continue to commit resources necessary to maintain toll free phone numbers ($2,500 budgeted for 2001). B. The Bureau has developed a very aggressive coop campaign (see Appendix A — Projected 2001 Program) that will allow for an extension of Bureau resources, as well as significant marketing value for Fort Collins' tourism industry partners. This program in 6 conjunction with the Bureau Visitors Guide advertising program and Bureau membership will exceed 25% of the Bureau's budget (based on the budget proposal for 2001) C. The Bureau has just completed a research program, in conjunction with the City of Fort Collins, to measure the impact of convention and leisure travel on Fort Collins. The Bureau is working with Xinran Lehto, Assistant Professor at Colorado State University Department of Natural Resources and Tourism, to design and implement a 2001 conversion study for leisure inquiries. In addition, Professor Lehto will conduct the first in a series of focus groups with meeting industry professionals to assess Fort Collins' position in the marketplace. D. The Bureau will develop a coupon program, a "Made in Fort Collins" product directory, as well as seasonal package programs to encourage increased visitor spending. In addition, the Bureau will be producing a separate dining guide and guest services/membership directory to better promote Fort Collins' businesses. E. The Bureau will respond to all state film commission inquiries as appropriate. F. The Bureau will hire and oversee the State of Colorado Welcome Center Manager and assistant. G. The Bureau will continue to provide quarterly and annual reports to the City of Fort Collins as required. 7 EXHIBIT B BENCHMARKS FOR 2001 Convention/Meeting/Event Sales: ❖ Generate 100 leads ❖ Book a minimum of 20,000 room nights ■ FCCVB sales team goal is 30,000 room nights ❖ Generate a base of tentative business representing 50,000 room nights ■ FCCVB sales team goal is 60,000 Consumer Marketing: ❖ Increase consumer inquiries 20% (2000 Domestic requests = 2,772) ❖ Conduct a conversion study to better profile Fort Collins' visitors and their impact on the Fort Collins economy ❖ Provide fulfillment inquiry within 24 hours International Marketing: •3 Participation in a minimum of three international client familiarization trips ❖ Experience 10% increase in international inquiries (2000 International requests = 128) ❖ Fort Collins will be included in a minimum of five new international tour itineraries ❖ Contract with Rocky Mountain holiday tours is fulfilled (see appendix) ■ Develop international tour itinerary program with regional partners (see appendix) Public Relations: ❖ Press kit developed by April 1, 2001 ❖ 50 press releases distributed in 2001 ❖ Four feature stories initiated and placed by FCCVB efforts ❖ Tracking system to measure public relations impact developed in 2001 ❖ Participate in a minimum of two media familiarization trips in 2001 ❖ Lead effort to complete the WYCOTA brochure by March 1, 2001 ❖ Contract with Kruzic Communications fulfilled (see appendix) Membership Development: ❖ Conduct four membership mixers ■ Include FCCVB member orientation at each mixer ❖ Conduct two member training programs ❖ Conduct a "frontline familiarization tour" during National Tourism Week ❖ Produce and distribute a monthly newsletter ❖ Maintain 90% membership retention ❖ Increase membership to 235 members (10% growth 2000 to 2001) 1 Convention & Visitor Services: ❖ Provide a complete calendar of events for the community and visitors ■ Web based ■ Seasonal print via "Make it a Ram Weekend" football and basketball seasons and a Summertime version ❖ Develop a service promotion/delivery system and client response program ■ Service a minimum of 25 groups in 2001 ❖ Develop an in depth convention/meeting/event calendar to: ■ Better prepare the Fort Collins business community for incoming business potential ■ Offer Bureau services that will enhance organizations' Fort Collins experience ❖ Develop the following collateral: ■ Membership/Services Directory ■ Dining Guide ■ "Made in Fort Collins" Guide ■ Event recognition signage program ❖ Develop Fort Collins coupon program J 2 EXHIBIT C Fort Collins Convention 8 ASItore Bureau 2001 Budget Income Total income - 194,594.08 509,215.00 Total Expenses 507,820.00 ProlitlLoss 1,395.00 Depreciation 7,000.00 EXHIBIT D 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: 1. 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. 5. Quarterly Reports and Review. The Bureau shall submit to the City by April 15, July 15, October 15, and January 15 of each annual term, quarterly reports of the Bureau's activities, detailed financial reports, and a statement of its fulfillment of the performance standards as heretofore established, for the preceding quarter. No less than once each calendar quarter, the City Representative, designated by the City pursuant to Paragraph 10, below, or his/her designee, and the President of the Bureau or his/her designee, shall meet to review the Bureau's quarterly report for the preceding quarter, performance of the Bureau and current developments in the Fort Collins area related to promotion of tourism and convention activities. A report of each such meeting shall be prepared by meeting participants and provided to both parties within thirty (30) days of the meeting. 6. Annual Report. An annual report that compiles and summarizes the information, including an audit of receipts and expenses, contained in the quarterly reports and meetings required under Paragraph 5, above, shall be prepared by the Bureau for each year _under the term of this Agreement, which report the Bureau shall submit to the City no later than March 31 of the following year. 7. Contract Sum. The City shall pay the Bureau for the performance of this Contract, subject to additions and deletions provided herein, the sum of Three Hundred Thousand Dollars ($300,000.00) for the balance of 2001 and Four Hundred Thousand Dollars ($400,000.00) for 2002, to be paid to the Bureau in quarterly amounts of One Hundred Thousand Dollars ($100,000.00) on the first business day of each quarter, beginning on April 1, 2001, in a manner acceptable to both parties. It is understood that funding provided by the City pursuant hereto is not intended to meet all costs and expenses of the Bureau; it shall therefore be an affirmative obligation of the Bureau to raise additional funding through such other sources as may reasonably be available to the Bureau. The 2002 contract is contingent on renewal and funds appropriated for this purpose. 8. Exoenditure of Funds The Bureau's approved 2001 budget is attached hereto as Exhibit "C", consisting of one (1) page and incorporated herein by this reference. The 2 POLICY BOLDER COPY FT COLLINS CONVENTION 3545 EAST PROSPECT ROAD FORT COLLINS CO 80525 POLICY NUMBER: 1967062 BUSINESS LOCATION: FT COLLINS CONVENTION & VISITORS BUREAU CLASSIFICATION OF OPERATION CLASS DESCRIPTION 874205 OUTSIDE SALESMEN 881005 EXCLUSIVELY OFFICE COVERAGE COVERAGE RATING EFFECTIVE EXPIRES TYPE 07/01/2000 07/01/2001 EM 07/01/2000 07/01/2001 EM PRODUCER Pinnacoll Assurance 720 S. Colorado Blvd Suite 100, North Tower DENVER CO 80246-1938 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE A Pinnaces Aimwance INSURED 0010"y FT COLLINS CONVENTION & R ODMPANY 3W E PROSPECT ROAD FORT COLLINS CO 80525 C COMPANY D mg k 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 RSQUIREMENT, TERM AND 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 CLAM. co TYPE OF INSURANCR POLICY NUMBER POLICY EFFECTIVE POLICY EMATION LIMITS LTR MTHL=Wd0pM DATEfxWdft)Mj GENERAL LIABILITY- GENERAL AGGREGATE PRODUCTS- compw AGG M"MaAL GENERAL U&SILM M CLALUSUAD PERSONAL&AWROUNY EACH OCCURRENCE OWNER'S & ODMIRACTIOR'S PROT RRE DAMAGE (Any = file) MUD IMP (Ay as pa" AUTOMORELZ MINLITY ANY AUTO COMBINED SINGLE LIMIT BODILY INJURY ALLGWREVAUTOS SCHEDULWAUT09- Wprmo BDMLY INIAmy HIRER AUTOS NON -OWNED AVrGS (W PROPERTY DAMAGE GA"GS LIABILITY AUTO ONLY - EA ACCIDENT — OTHER THAN AUTOONLYz ANY AUTO EACH ACH)1Nr I AGGREGATE IDUCIVI&L"BILM UMBRELLA FORM GACHOffHBREiCE AGGREGATE OTHER THAN UMBRELLA ORK WORKW5 COUMNIATION AND EMPLOYERS, LKIRLITY WCSTATU- U TORY LIMITS mmgr': 'q A 1967062 07/0l/7000 07101/2001 EL EACH ACCIDENT $1001000 EL DMASIS - POLICY LIMIT $500,000 TMPROPIMMUIMRTIqBw mm m MMSE - " 914PUDYSE $100,000 m(ECUTIVEOppla"Aaw. EKCL OTHER OLWRIPTION OrOPURATIONSILOCATIONSVVIUMICLMI'DCUL ITEMS SM BACK OF CNIRTWICATE MR CLASS COVERAGE AND OWNERSHIP COVERAGE DRTAJL EMU 540139 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE CITY OF FORT COLLINS EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 756 WEST MOUNTAIN AVE — DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, FORT COLLINS CO W522-090 BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OFANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORI ENTATI a LPOn' NOUN" KENVACID CSR RnTPuI &ft%g mmm Imm Lobom 12qNtm mmm UWrjI PLEASE READ YOUR POLICY POLICY NUMBER CA 0-43-92-697-0 This Declarations Page/Amended Declaration Pagp-4th the policy jacket identified by the form and edition date irl�cated completes the above numbered policy. P:avious Policy Number: - arm 1050 Ed. 1194 THIS AMENDED DECLARATION SUrERSEDES PRIOR DECLARATION PAGE t�FECTIVE 07/10/00 yrsr* DECLARATIONS I NAMED INSURED FORT COLLINS CONVENTION PAGE 1 OF 4 T 3345 E PROSPECT RD E FT COLLINS CA 80525 M 1 ENDORSED EFFECTIVE: AUG 21, 2000 POLICY TERM: JUL 10, 2000 TO JUL 10, 2001 A FRONT RANGE INS GRP This policy incepts the later of: 1. the time the application for insurance is executed on G the first day of the policy period: or 2. 12:01 a.m. on the first day of the policy period. E PO BOX 27055o This policy shall expire at 12:01 a.m. on the last day of the policy period. N FT COLLINS CO 80527 T CA-71221 MUCREWYE® PROGRESSIVE CASUALTY 'INS. CO. A PROGRESSIVE COMPANY COMMERCIAL VEHICLE INSURANCE P.O. BOX 94739, CLEVELAND, OHIO 44101 1-800-444-4487 The following coverage and limits apply to the described vehicle as shown below. Coverages are defined in the policy and are subject to the terms and conditions contained in the policy, including amendments and endorsements. No changes will be effective prior to the time changes are requested. SCHEDULE OF COVERAGES AND LIMITS OF LIABILITY COVERAGES FULL TERM PREMIUM CHARGES A BODILY INJURY LIABILITY EACH PERSON $744 1250,000 500,000 EACH ACC. B PROPERTY DAMAGE LIABILITY 100,000 EACH ACC. D COMP OR FTCAC STATED AMT SEE PHYSICAL DAMAGE BY VEH FOR DED $92 E COLLISION OR UPSET -STD AMT SEE PHYSICAL DAMAGE BY VEH FOR DED $426 1 UNINSURED MOTORIST BI $250,000 /PERS. $500,000 /ACC. $57 PERSONAL INJURY PROTECTION BASIC / $ NO DED $169 WITHOUT WORKERS COMP I UNINSURED MOTORIST PROPERTY DAMAGE REJECTED VEHICLE Ol CHANGED FILING FEES 0.00 TOT. CHARGES DUE TO CHANGE NO TOTAL TERM PREMIUM $1,488.o0 ATTACHMENT IDENTIFIED BY FORM NUMBER 1197 (o8- j 3098 (12-96) 5686 (02-97) 1602 (08-83) 1716 (02-97) 2004C (02-97) 8470 DRIVERS PAGE 2 COVERED VEH PAGE 3 LOSS PAYEE PAGE 4 PUC—N OTH—N ** THIS POLICY HAS SOME NON—STANDARD RESTRICTIONS, PLEASE READ IT CAREFULLY ** Any loss under Part I I I is payable as interest may appear to named insured and above loss payee: Prog Premium Budget: C7 Fin. Resp. Filed: For Whom: Case No: R/R0500%Factor Used:100 .00 C4 AGO 00234 10.0 CAICS11C FIR 071997 Countersigned: 1113 (12-92) INSURED COPY By Authorized Representative CV MT0320001213L111301 PLEASE READ YOUR POLICY POLICY NUMBER CA 0-43-92-697-0 This Declarations, Page/Amended Declaration Pagy^41h the policy jacket identified by the form and edition date'^rlicated completes the above numbered policy. 'Previous Policy Number: 1rm 1050 Ed. 1194 THIS AMENDED DECLARATION SUPERSEDES PRIOR DECLARATION PAGE ErFECTIVE 07/10/00 Y %t DECLARATIONS T NAMED INSURED FORT COLLINS CONVENTION PAGE 3 OF 4 3345 E PROSPECT RD E FT COLLINS CA 80525 1 ENDORSED EFFECTIVE: AUG 21, 2000 POLICY TERM: JUL 10, 2000 TO JUL 10, 2001 A FRONT RANGE INS GRP This policy incepts the later of: 1. the time the application for insurance is executed on G PO BOX 270550 the first day of the policy period; or 2. 12:01 a.m. on the first day of the policy period. NFT COLLINS Co 80527 This policy shall expire at 12:01 a.m. on the last day of the policy period. T CA-71221 PR98RFff1YE PROGRESSIVE CASUALTY INS. CO. A PROGRESSIVE COMPANY COMMERCIAL VEHICLE INSURANCE P.O. BOX 94739, CLEVELAND, OHIO 44101 1-800-444-4487 The following coverage and limits apply to the described vehicle as shown below. Coverages are defined in the policy and are subject to the terms and conditions contained in the policy, including amendments and endorsements. No changes will be effective prior to the time changes are requested. SCHEDULE OF COVERED VEHICLES VEH DR TRADE BODY VEH TER RAD DSC DSC NO NO YR NAME TYPE SERIAL NO CLS NO ZIP IUS COD PCT 1-01 1 97 CHEVY MINI VAN 1GNDU06EIVD101841 C09 66 80525 050 000 LIABILITY PREMIUM BY VEHICLE VEH MED NO LIAB PAY UM/U,IM UM/PD PIP PIP/PPO 1 $744 $57 $169 PHYSICAL DAMAGE PREMIUM BY VEHICLE VEH COMP OR FT/CAC COLLISION ON —HOOK VEH NO TYPE DED PREM DED PREM LIMIT DED PREM TOTAL 1 COMP $500 $92 $500 $426 $1,488 Any loss under Part III is payable as interest may appear to named insured and above loss payee: Prog Premium Budget: C7 Fin. Resp. Filed: For Whom: Case No: R/R0500%Factor Used: 1 00 .00 C4 AGO 00234 10.0 CAICS11C F"R 071997 Countersigned: 1113 (12-92) INSURED COPY By Authorized Representative CVMT0320001213L111303 Bureau does hereby covenant and warrant that it will expend funds received from the City under each annual term of this Agreement in substantial accord with the budget approved for that year consistent with the requirements of this Paragraph 8. The Bureau shall submit its proposed budget for additional annual terms of this Agreement, if renewed under the terms of Paragraph 2, on or before September 1 of the preceding year. Any such budget must be approved by the City prior to renewal. It is the intention of the parties to this Agreement that the Bureau adhere to the budget as approved by the City. The City grants authority to the Bureau to transfer funds from one line item to another, not to exceed $5,000.00 in total adjustments for any line item if circumstances necessitate such adjustments, in the sound business judgment of the Bureau's Board of Directors. The Bureau shall promptly notify the City of such adjustments to the budget as they occur. 9. Administrative Control of Funds/Reports (A) The Bureau shall deposit and maintain all funds received by it in interest bearing accounts in an eligible depository under the Public Deposit Protection Act, Title 11, Article 10.5, Colorado Revised Statutes. (B) The Bureau shall keep in the City of Fort Collins true, accurate and complete records of business conducted hereunder, which records shall be available to the City without unreasonable delay and without expense, and the Bureau agrees that the City shall have the right, through its duly authorized agents or representatives, to examine all pertinent records at any and all reasonable times, for the purpose of determining the accuracy thereof and the propriety of the Bureau's activities. (C) All Bureau expenses shall be supported by properly executed payrolls, time records, invoices, contracts, vouchers or other documentation evidencing in proper detail the nature and basis for the expenses charged. All such documents shall be clearly identified and readily available to the Bureau and to the City. 3 10. 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. 11. Leasing_of Real Estate by Bureau. The Bureau is hereby authorized to lease real estate as may be necessary in the performance of its obligations under this Agreement. The funds expended for any such lease shall be subject to the approval of the City Representative. If the Bureau ceases to exist as an organization, the Bureau shall reimburse the City for any payments under this Agreement used in the leasing of buildings or real estate, to the extent the Bureau is entitled to or receives reimbursement from the lessor. The Bureau shall not lease any real estate without the approval of the City Representative. 12. Compliance With Laws. The Bureau shall comply with all applicable laws, ordinances, codes and regulations in carrying out its obligations hereunder. 13. Independent Service Provider. The services to be performed by Bureau are those of an independent Service Provider and not of an employee of the City of Fort Collins. In the performance of its obligations under this Agreement, it is understood and agreed that the Bureau is at all times acting and performing as an independent contractor, and the City shall neither have, nor exercise, any control or direction over the manner or means by which the Bureau performs its obligations under this Agreement. The City shall not be responsible for withholding any portion of the Bureau's compensation hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for any other purpose. 14. Excuse From Performance. 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 Bureau must provide written notice to the City of such condition within fifteen (15) days from the onset of such condition. 4 15. 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 Bureau. Such notice shall be delivered at least thirty (30) 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 Manager City of Fort Collins 300 LaPorte Avenue P.O. Box 580 Fort Collins, CO 80522 Bureau: Richard S. Harter Executive Director Fort Collins Convention & Visitors Bureau 3545 East Prospect Road Fort Collins, CO 80525 With Copy to: James B. O'Neill 11, CPPO Director of Purchasing and Risk Management City of Fort Collins P. O. Box 580 Fort Collins, CO 80522 In the event of early termination by the City, the Bureau shall be paid for services rendered and expenses incurred to the date of termination, subject only to the satisfactory performance of the Bureau's obligations under this Agreement. Such payment shall be the Bureau's sole right and remedy for such termination. 16. Personal Services. It is understood that the City enters into the Agreement based on the special abilities of the Bureau and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Bureau shall neither assign any responsibilities nor delegate any duties arising under the Agreement without the prior written consent of the City. 17. 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. 18. 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. E 19. 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. 20. 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. 21. Ind emni /Insurance a. The Bureau 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 for injuries to or death of any person or persons, or damages to property arising out of, or resulting from the actions or omissions of the Bureau, or its agents or employees. b. The Bureau shall take all necessary precautions in performing the work hereunder to prevent injury to persons and property. c. Without limiting any of the Bureau's obligations hereunder, the Bureau 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 " D", consisting of one (1) page, attached hereto and incorporated herein by this reference. The Bureau 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. R 22. 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. 23. Benefit. This Agreement is made for the sole and exclusive benefit of the parties and shall inure to the benefit of their respective survivors, heirs, personal representatives, successors and assigns. It is not made for the benefit of any third party. 24. 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. 7 IN WITNESS WHEREOF, this Services Agreement has been executed the day and year first above written. CITY OF FORT COLLINS, COLORADO a municipal corporation/� By: � a La —4-a hn ischbach, City Manager By: ' ( , :�= �- 'a, Jame B. 'Neill II, CPPO Direct r Purchasin and Risk Management Date: -37z`3�i } u i APPROVED AS TO FORM: Assistant City Aft FORT 7COLNS CONVENTIO N ITORS By: Vince McElligott, Corpora resident Date: ATTEST: ��m/J � CO RATE -SE CRETA Y BUREAU EXHIBIT A SCOPE OF SERVICES: The Bureau will: Be the tourism expert of the City of Fort Collins by: • Developing and maintaining a balanced marketing program. • Producing an annual marketing plan and budget as well as a three to five year master plan for the Bureau marketing and other activities • Set measurable benchmarks in all marketing related activities and produce quarterly and annual reports addressing the progress relative to these benchmarks. • develop and carry out advertising and marketing to create awareness of Fort Collins as a visitors destination in both domestically and internationally. • Promote Fort Collins and its events/attractions and amenities. Further, the Bureau will: Provide all staffing needed to perform convention and visitors promotional services. Provide customer services for all segments of the hospitality/tourism market for Fort Collins. Provide convention, conference and trade show marketing and assistance. Provide assistance to local service clubs and organizations to help them with their regional and state conferences that are held in Fort Collins. Provide services to convention visitors in a manner consistent with services provided to other visitors to Fort Collins. Provide a visitors information center open 5 days in the winter and 7 days in the summer. Provide timely visitor/client inquiry fulfillment. Provide Community support through interaction with visitors and residents by: • Distributing brochures and maps • Providing information on city transportation systems • Providing visitors assistance upon request Coordinate the Young Japanese Teacher Program which typically runs for approximately 2 months (late September — mid December) • Coordinate and develop programs with the FC International Visitors Council regarding international visitors and tourism. 1