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HomeMy WebLinkAboutRFP - P1010 CONVENTION AND VISITORS SERVICES (2)REQUEST FOR PROPOSAL P1010 Convention and Visitor Services Written proposals, five (5) will be received at the City of Fort Collins' Purchasing Division, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80524. Proposals will be received before 3:00 p.m. (our clock), February 28, 2006. Proposal No. P1010. If delivered, they are to be sent to 215 North Mason Street, 2"d Floor, Fort Collins, Colorado 80524. If mailed, the address is P.O. Box 580, Fort Collins, 80522-0580. Questions concerning the scope of the project should be directed to Project Manager Kelly DiMartino, (970) 416-2028. Questions regarding proposals submittal or process should be directed to James B. O'Neill 11, CPPO, FNIGP (970) 221-6775. A copy of the Proposal may be obtained as follows: Download the Proposal/Bid from the BuySpeed Webpage, https:/Isecure2.fegov.com/bso/login.oso 2. Come by Purchasing at 215 North Mason St., 2"d floor, Fort Collins, and request a copy of the Bid. Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision -making authority concerning such sale or any supervisory authority over the services to be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited. Collusive or sham proposals: Any proposal deemed to be collusive or a sham proposal will be rejected and reported to authorities as such. Your authorized signature of this proposal assures that such proposal is genuine and is not a collusive or sham proposal. The City of Fort Collins reserves the right to reject any and all proposals and to waive any irregularities or informalities. Sincerely, James B. O'Neill II, CPPO, FNIGP Director of Purchasing & Risk Management 215 North Mason Street • 2nd Floor • P.O. Box 580 • Fort Collins, CO 80522-0580 • (070) 221-6775 • Fax (970)221-6707 www. ROV.com 5. Reports and Review. Periodically report on the Bureau's activities, including financial reports, and a statement of its fulfillment of the performance standards and current developments in the Fort Collins area related to promotion of tourism and convention activities. 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 set the timing of the periodic reports and to review the Bureau's reports. 6. Annual Report. An annual report that compiles and summarizes the information, including an audit of receipts and expenses, contained in the periodic 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 Dollars ($ ) per year, to be paid to the Bureau of Dollars ($00), 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. 8. Administrative Control of Funds/Reports. (A) 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. 3 (B) 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. 9. 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. 10. 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. 11. Compliance With Laws. The Bureau shall comply with all applicable laws, ordinances, codes and regulations in carrying out its obligations hereunder. 12. 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 0 compensation hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for any other purpose. 13. 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. 14. 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: Bureau: City Manager City of Fort Collins 300 LaPorte Avenue P.O. Box 580 Fort Collins, CO 80522-0580 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. 15. 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. 5 16. 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. 17. 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. 18. 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. 19. 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. 20. Indemnity/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. G1 b. The Bureau shall take all necessaryprecautions 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, 215 N. Mason Avenue, Fort Collins, Colorado 80521 one copy of a certificate evidencing the insurance coverage required from an insurance company acceptable to the City. 21. 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. 22. 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. 23. 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 Bv: Darin Atteberry, City Manager By: James B. O'Neill II, CPPO Director of Purchasing and Risk Management Date: ATTEST: City Clerk APPROVED AS TO FORM: Assistant City Attorney Date: ATTEST: CORPORATE SECRETARY CORPORATE PRESIDENT N. EXHIBIT "A" Tourism in the Fort Collins Economy Harvey Cutler Department of Economics Colorado State University Fort Collins, Colorado 80523 (970) 491-5704 (voice) (970) 491-2925 (fax) email: Harvey.cutler@colostate.edu Perry Burnett Colorado State University Ray Thresher Colorado State University Center for Research on the Colorado Economy October 20, 2005 Executive Summary The purpose of this document is to provide an analysis of the tourism industry in the City of Fort Collins. Tourism can be divided into conventions, business travelers, leisure travelers and households that reside outside of Fort Collins but shop within the city. This study presents two perspectives on this industry that highlights the role of tourism in the local economy. The first is the current level of tourism emanating from the above sources in terms of contributing to economic activity and tax revenue for our city. The second perspective emphasizes the role of the Fort Collins Convention and Visitors Bureau (FCCVB) in terms of attracting new conventions and other events to the city. Total tourism is responsible for 2.2% of economic activity in Fort Collins and 16.6% of tax revenue collected by the city. Tourism expenditures are made in lodging, restaurants and retail, which all charge a sales tax and thus contribute significantly to city tax revenue. The FCCVB is responsible for attracting religious conventions, agricultural events, youth sport events and association meetings. The table below presents the economic impact for each of the four events in terms of the tax revenue earned and also the increase in household income for local residents. The last row sums the two values and represents a measure of the economic gain. As an example, a single youth sport event contributes $0.309 million in tax revenue and $1.78 million in household income for Fort Collins residents. The youth sports event has the largest economic impact of $2.1 million while the association convention has the smallest total impact of $96,000. These conventions/events also contribute to increases in tax revenue at a faster rate than the growth in the number of new households migrating into the city. This results in the city having the opportunity to increase the quality of city service such as police and fire. There are a multiple number of these conventions and sporting events each year in Fort Collins and the total economic impact for all events is $17.5 million. Our analysis reveals that the FCCVB generates significant tax revenue for the city as well as contributing to income for all levels of households. An important outcome of expanding tourism in Fort Collins is housing becomes more affordable for lower income earning groups and reduces income inequality in the city. Religion Agricultural Youth Association Convention Convention Sorts Convention Tax Revenue (mil of $) 0.284 0.076 0.309 0.015 Household Income 1.71 0.45 1.78 0.081 (mil of $) Total Economic Gain 1.99 0.526 2..1 0.096 (mil of $) I. Introduction The purpose of this document is to provide an analysis of the tourism industry in the City of Fort Collins. Tourism can be divided into several different categories. The city hosts a variety of conventions that brings in people from all over the country and the associated expenditures helps stimulate the economy. A second component is business travelers that visit our city in order to conduct business with local commercial entities. The third component is the leisure traveler that visits our city for recreational interests. A fourth factor is households that live outside of Fort Collins but do some shopping in our city. This study presents two perspectives on this industry that highlight the role of tourism in the local economy. The first is the current level of tourism emanating from the above sources in terms of contributing to economic activity and tax revenue for our city. The second perspective emphasizes the role of the Fort Collins Convention and Visitors Bureau (FCCVB) in terms of attracting new conventions and other events to the city. The FCCVB plays an important role in helping maintain economic growth for the city as well as contributing substantially to growth in city tax revenue. The method we use to address these issues is a computable general equilibrium (CGE) model for the City of Fort Collins. A description of the model is in appendix A. This model has been used by the city to evaluate use tax rebates, the impact of sales tax rate increases, past tourism issues and the choice of whether to zone undeveloped land for retail or manufacturing uses. In addition, this model has been used to produce four Ph.D. graduates at Colorado State University, eight current students in process of completing their dissertations and six peer reviewed journal articles. The remainder of the report is divided into several sections. Section II presents the impact of the current level of tourism on economic activity and tax revenue in the Fort Collins economy. Section III examines the four primary types of tourism that can be attracted by the FCCVB and the associated economic impacts. Section IV is the conclusion. II. The Economic Impact of Tourism It is important to define the sectors that make up the tourism sector in the Fort Collins economy. It is assumed that all economic activity and tax revenue generated by the lodging sector is a direct result of tourism. This includes the full service hotels, the limited service hotels and the motels in the city. The other two primary sectors that also reflect the level of tourism is the retail and restaurant sectors. Most studies on tourism conclude that expenditures are made on lodging, retail and restaurants. Our analysis follows this logic. 11 Tourism is an interesting sector in Fort Collins given that it is small in terms of employment and output but it contributes a significant component to total tax revenue for the city. The number of workers in the lodging sector combined with approximately 35% of employment in retail and restaurant accounts for 4,538 workers of the 64,284 total workers in the economy.' The tourism sector employs 7% of the workforce in our economy and accounts for 2.2% of total production in the economy. An important characteristic of the tourism sector is that it is tax intensive since lodging, retail and restaurants all charge a sales tax. Our estimates indicate that the tourism sectors accounts for 16.6% of total tax revenue for the City of Fort Collins. III. Direct Contributions of the Fort Collins Convention and Visitors Bureau The FCCVB expends resources to attract a variety of different events that draws individuals, families, conventioneers and athletes to Fort Collins. There are four particular events that Fort Collins specializes in. They are religious conventions, specialty agricultural and animal events, youth sports and association functions.' Data was collected by the FCCVB on the expenditure patterns for lodging, retail and restaurants by all four events. The data was initially collected for expenditures per participant for each of the four functions.3 The expenditures were scaled by the number of participants for each function. The expenditure patterns appear in Table 1. The youth sports events result in the most expenditures and the religion convention is second. 1 It has been estimated that approximately 35 % of the workers in retail and restaurants accommodate the tourism sector in the Fort Collins economy. This has been determined by some informal surveying by the Finance Department in 1998. 2 The appendix contains a more complete description of the four events as well as specific expenditure patterns per participant. 3 The expenditures collected per participant were reasonable given my experience in tourism analysis. 12 P1010 Convention and Visitor Services 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. The City has contracted with the Fort Collins Convention and Visitors Bureau for twenty years to provide various convention and visitor services. The current contract will end on March 31, 2006. The Fort Collins Convention and Visitors Bureau has also contracted with the City to provide services related to the state welcome center in Fort Collins. This is a separate contract in the amount of $ 49,188. A study "Tourism in the Local Economy" was completed in 2005. The study is attached as EXHIBIT'W'. The results show a significant contribution to the local economy from the hospitality sector. It also suggests that there is room for significant improvement in this sector of the economy. The City is soliciting proposals to provide convention and visitor services outlined in the following scope of work and those which would capitalize on the opportunities for growth outlined in the study. II. SCOPE OF SERVICES: A. The successful vendor will: 1. Be the tourism expert of the City of Fort Collins by: i. Developing and maintaining a balanced marketing program. ii. Producing an annual marketing plan and budget as well as a three to five year master plan for marketing and other activities iii. Set measurable benchmarks in all marketing related activities and produce quarterly and annual reports addressing the progress relative to these benchmarks. iv. Develop and carry out advertising and marketing to create awareness of Fort Collins as a visitor's destination, both domestically and internationally. v. Marketing Fort Collins as an outdoor adventure and cultural tourism destination to other Front Range communities from Denver to Cheyenne, and other communities as deemed appropriate. 2. Promote Fort Collins and its events/attractions and amenities 3. Promote Fort Collins as a cultural center and destination. 4. Provide all staffing needed to perform convention and visitors promotional services 5. Provide customer services for all segments of the hospitality/tourism market for Fort Collins 2/9/00 Table 1 Initial Expenditures by Each Conference 1. Religion Conventions Sector Expenditures (mil of $) Lodging 1.27 Restaurants 1.17 Retail 0.903 Total 3.34 2. Specialty Agricultural/Animal Events Sector Expenditures (mil of $) Lodging 0.392 Restaurants 0.297 Retail 0.213 Total 0.902 3. Youth Sports 4. Association Sector Expenditures (mil of $) Lodging 1.04 Restaurants 1.42 Retail 0.996 Total 3.46 Sector Expenditures (mil of $) Lodging 0.091 Restaurants 0.061 Retail 0.038 Total 0.19 13 IV. Simulation Results This section presents the economic impact of the expenditure amounts from the four types of functions that were presented in Table 1. We consider the economic impact from two perspectives. First, we examine each single event with an emphasis on the effects on employment, general economic activity, household income and tax revenue. The next exercise emphasizes that there are multiple events for each category in a given year, so we also provide the economic impact of all events in the city. As an example, the city averages 2.7 religious conventions annually, with Jehovah's Witnesses occurring annually, and Campus Crusade for Christ occurring every other year. Due to the extended length of the Campus Crusade event, it is factored as an average of 1.5 events. In addition, the city averages 3 agricultural events, 2.5 youth events and 3 association events annually. Convention bookings are based on the last year's bookings of the FCCVB. Table 2 presents the economic impact of the four single events. The youth convention has the largest impact in terms of employment, general economic activity and tax revenue. This is due to the large number of participants in this event. Tax revenue per new household is $8,584. Given that tax revenue per household in the base data is $2,178, all four cases result in larger tax revenue per household, which could increase the quality of city services for all residents. The model predicts that 36 new households will locate in Fort Collins due to the youth convention and given that there are 40,119 households in the city, the addition of the new households is relatively small. The religion convention has the second largest impact of the four events. Table 3 presents the results regarding the change in household income for the Fort Collins residents. Table Al in the appendix provides a description of the six household groups. The religion convention causes household income to increase by $1.71 million or a 0.10% increase. An interesting aspect of all four scenarios is that income increases by a greater percentage amount for the lower income earning households (HH1- 11113) since most workers in the tourism industry are low wage earners. The increased demand for low wage workers as the tourism sector expands drives up wages for this labor group. As an example, in the religion convention case, real household income increases by 0.34% for Hill, 0.19% for HH2 and only 0.08% for HH6. An important outcome of expanding tourism in Fort Collins is housing becomes more affordable for lower income earning groups and reduces income inequality in the city. Table 4 presents summary results for all four cases. This table sums the increase in household income and total tax revenue, which is the direct gain to the city and its residents. Consistent with previous arguments, the youth event results in a $2.1 million increase for the city and its residents, the religion convention results in a $1.99 million increase, the agricultural event results in a $0.526 million increase and the association convention causes a $0.096 million increase. The total impact of all four events is $4.72 million. 14 Table 2 The Economic Impact of One Religious, Agricultural, Youth Sports, and Association Event in the Fort Collins Economy Religion Agricultural Youth Sports Association Convention Convention Event Convention 86 23 87 5 Employment (0.13%) (0.14%) (0.0010/0) 1.48 (0.04%) 0.37 1.52 0.08 GCP (mil of $) (0.06%) 0.145 (0.02%) 0.037 (0.07%) 0.156 (0.001 %) 0.007 Sales Taxes (mil of $) (0.38%) 0.016 (0.10%) 0.004 (0.41%) 0.015 (0.02%) 0.001 Use Taxes (mil of $) (0.20%) 0.087 (0.05%) 0.026 (0.20%) 0.1 (0.01%) 0.005 Property Taxes (mil of $) (1.1%) 0.284 (0.32%) 0.076 (1.2%) 0.309 (0.03%) 0.015 Total Taxes (mil of $) (0.33%) (0.09%) (0.35%) (0.02%) New Households 36 10 36 5 Tax Revenue Per New $7,979 $7,940 $8,584 $7,638 Household 15 Table 3 (Continuation of Results) Impact on Real Household Income Values are in Mil of $ Religion Convention Agricultural Convention Youth Convention Association Convention Amount Percentage Change Amount Percentage Change Amount Percentage Chan e Amount Percentage Change 1-1111 0.064 O.196 0.426 0.104 0.330 0.592 1.71 0.34% 0.19% 0.16% 0.08% 0.09% 0.08% 0.10% 0.017 0.052 0.113 0.028 0.087 0.154 0.450 0.09% 0.05% 0.04% 0.02% 0.03% 0.02% 0.03% 0.07 0.21 0.44 0.11 0.34 0.62 1.78 0.36% 0.20% 0.16% 0.09% 0.10% 0.08% 0.11% 0.037 0.004 0.000 0.011 0.024 0.006 0.081 0.20% 0.00% 0.00% 0.01% 0.01% 0.00% 0.005% HH2 HH3 HH4 HH5 HH6 Total 16 Table 4 Final Results Religion Agricultural Youth Sports Association Convention Convention Convention Tax Revenue (mil of $) 0.284 0.076 0.309 0.015 Household Income 1.71 0.45 1.78 0.081 (mil of $) Total Economic Gain 1.99 0.526 2..1 0.096 (mil of $) Notes: 1. These values are obtained by summing the increase in tax revenue and real household income. 2. The total economic gain for all four simulations is $4.72 million. 17 As stated above, the City hosts multiple conventions and events in a given year. The FCCVB has calculated that on average the City hosts 1.5 religious conventions, 3 agricultural events, 2.5 youth events and 3 association events annually. Tables 5, 6 and 7 provide the economic impact of the multiple events in all four categories. When considering the total impact of all conventions/events per group, the religion conventions contributes slightly more than the youth sports events in terms of economic growth, household income and tax revenue. However, the differences in tax revenue per new household across the four cases have diminished significantly. Tax revenue per new household for youth sports, religious conventions, agricultural events and association events are $4,623, $4,362, $4,306 and $4,031. The compression of these results is due to the nonlinearities of the model. Table 8 indicates that the total economic gain to the city and residents for all events is $17.5 million. IV. Conclusion Our analysis concludes that the tax intensive nature of tourism sector provides an efficient method for the city to collect tax revenue. Conventioneers and tourists come to the city and their expenditures on lodging, retail and restaurants results in significant gains in tax revenue. Tourism also results in larger percentage gains for the lower income earning households, which reduces income inequality. In times of increased competition for retail sales tax dollars with respect to the growth in retail outlets in the 1-25 corridor, tourism offers an additional source of tax revenue. Increasing the number of conventions in the city can provide important tax dollars for the city. IN Table 5 Simulation Results Religion Agricultural Youth Association Convention Convention Convention Convention Employment 357 99 324 21 % Change (0.56%) 6.67 (0.15%) 1.73 (0.50%) 6.05 (0.03%) 0.36 GCP(mil of $) % Change (0.29%) 0.44 (0.08%) 0.123 (0.27%) 0.44 (0.02%) 0.02 Sales Taxes(mil of $) % Change (0.76%) 0.067 (0.21 %) 0.015 (0.76%) 0.06 (0.04%) 0.003 Use Taxes(mil of $) %Change (0.71%) (0.20%) (0.72%) (0.03%) Property Taxes (mil of $) 0.024 0.007 0.025 0.001 % Change (0.19%) 0.69 (0.09%) 0.185 (0.22%) 0.655 (0.01%) 0.04 Total Taxes(mil of $) % Change (0.54%) (0.21%) (0.52%) (0.03%) New Households 157 43 142 95 Tax Revenue Per New $4,362 $4,306 $4,623 $4,031 Household 19 Table 6 (Continuation of Results) Impact on Real Household Income Values are in Mil of $ Religion Convention Agricultural Convention Youth Convention Association Convention Amount Percentage Chane Amount Percentage Change Amount Percentage Change Amount Percentage Change HH1 0.25 O.73 1.74 0.43 1.37 2.52 7.04 1.34% 0.70% 0.65% 0.34% 0.39% 0.32% 0.43% 0.07 0.20 0.48 0.12 0.38 0.69 1.94 0.36% 0.19% 0.18% 0.09% 0.11% 0.09% 0.12% 0.23 0.69 1.60 0.40 1.26 2.34 6.52 1.23% 0.66% 0.60% 0.31% 0.36% 0.30% 0.40% 0.01 0.04 0.10 0.03 0.08 0.15 0.41 0.08% 0.04% 0.04% 0.02% 0.02% 0.02% 0.02% HH2 HH3 HH4 HH5 HH6 Total IM Table 7 Final Results Religion Agricultural Youth Association Convention Convention Convention Convention Tax Revenue 0.69 0.19 0.655 0.04 (mil of $) Household Income 7.04 1.94 6.52 0.41 (mil of $) Total Economic Gain 7.7 2.1 7.2 0.45 (mil of $) Notes: 1. These values are obtained by summing the increase in tax revenue and real household income. 2. The total economic gain for all four simulations is $17.5 million. V. Appendix A Table 1 presents a brief description of the model. The model has 17 sectors such as manufacturing, retail, several service categories, lodging and restaurants. The tourism sector can be examined by looking at the lodging, retail and restaurant sectors. All 17 sectors hire labor, which are divided into three groups, workers that make less than $20,000 a year (LI), workers that earn between $20,000 and $50,000 annually (L2) and workers that earn over $50,000 a year (L1). There are six household groups distinguished by different levels of annual income. The City of Fort Collins collects sales, property, use and other taxes. 4 If any reader is interested in a more complete description of the model, we will provide further documentation. 6. Provide convention, conference and trade show marketing and assistance 7. Provide assistance to local service clubs and organizations to help them with their regional and state conferences that are held in Fort Collins. 8. Provide services to convention visitors in a manner consistent with services provided to other visitors to Fort Collins 9. Provide timely visitor/client inquiry fulfillment 10. Provide Community support through interaction with visitors and residents by: i. Distributing brochures and maps ii. Providing information on city transportation systems iii. Providing visitors assistance upon request 11. Coordinate and develop programs with the FC International Visitors Council regarding International visitors and tourism. 12. Develop community partnerships with groups including but not limited to: i. Fort Collins International Visitors Council ii. Fort Collins Innkeepers Association iii. Arts Alive iv. Cultural Resource Board v. Poudre Heritage Corridor 13. 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: i. Workshops to help event organizers promote and organize their events ii. Open houses iii. Community outreach iv. Available to offer assistance upon request 14. Provide a variety of effective marketing devices such as: i. Develop and publish at least one promotional brochure that effectively markets Fort Collins as a general visitor and convention destination. ii. A web site targeted to visitors. iii. Toll -free telephone numbers. iv. 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. v. Develop and deliver training sessions on tourism promotion. vi. Deliver a newsletter. vii. Undertake annual market research to improve marketing programs. 2/9/00 Profit Maximizing 1) Agriculture services 2) Agricultural production 3) Agricultural processing 4) Low services — hair, cleaners, etc. 5) High services — legal, medical 6) Construction 7) Manufacturing 8) Mining 9) Computer Manufacturing a) Housing Market HS1 <$120,000 $120,000 < HS2 < $200,000 $200,000 < HS3 HS4- multiple units Household Groups: HHl < $10,000 $10,001 s HH2 s $20,000 $20,000 < HH3 < $40,000 $40,000 < HH4 <_ $50,000 $50,000 < HH5 < $70,000 $70,000 < HH6 Factors of Production: Labor Groups Table Al Structure of the System Capital Stock 10) Transportation and utilities 11) Lodging 12) Wholesale 13) Retail 14) Finance, insurance and real estate (FIRE) 15) Restaurants. 16) Universities and JCs 17) School District Local Government 1) Services: Police, Fire, Transportation, Library, Parks and Recreation, and Administration 2) Taxes: Sales, Use, Property and Other Land $20,000 >_ L, K — buildings and factories Land — land used by the $20,000 < LZ <_ $50,000 used by the productive, productive, residential, $50,000 < L; residential and public use and public use (acres) Appendix B Description of the four conventions 1. Religious Convention Groups are also known as assembly religious groups. Spending estimates were based on 2005 Christian Church of Jehovah's Witnesses convention, utilizing local hotel rates. Spending for retail and restaurants was reduced from the 2005 ExPact Study based on interviews with local hotels and restaurants. Expenditures per participant per day are: Sector Expenditures per person M Lodging 88 Restaurants 81 Retail 63 Total 232 2. Specialty Agricultural/Animal Events The anticipated 2007 German Shepherd Dog Club of America event in Fort Collins was used as the model of this type of function. Hotel expenditures were based on room rates quoted for the 2007 event. Other expenditures were based on the 2005 ExPact Study conducted by the International Association of Convention and Visitor Bureaus. The groups either utilize CSU facilities or The Ranch. Expenditures per participant per day are: Sector Expenditures per person M Lodging 101 Restaurants 76 Retail 55 Total 231 3. Youth Sports Youth sports include events such as large soccer tournaments, softball, basketball or other youth or amateur sporting events. Expenditures based on 2005 USSSA (United States Specialty Sports Association) 14 and under Girls Softball, held in Fort Collins and Loveland this year. Expenditure patterns were based on 2003 Colorado Tourism Office Economic Impact of Tourism report for Larimer County, CO, prepared by Dean Runyon and Associates. Expenditures per participant per day are: Sector Expenditures per person Lodging 65 Restaurants 89 Retail 62. Total 216 4. Association convention The participants of association conventions are smaller in number and therefore lodging and the meetings occur at a single hotel in Fort Collins. It is common that these functions consist of either state or national groups. Expenditures were derived from the 2005 ExPact Study conducted by the International Association of Convention and Visitor Bureaus. Expenditures per participant per day are: Sector Expenditures per person Lodging 126 Restaurants 76 Retail 63 Total 265 EXHIBIT "B" SUBLEASE AGREEMENT sioNiNnr.ensE.noc iuosrmosi FIRST AMENDMENT TO SUBLEASE AGREEMENT This First Amendment to Sublease Agreement is entered into by and between THE CITY OF FORT COLLINS, COLORADO, a municipal corporation, hereinafter referred to as "the Sublessor" and the FORT COLLINS CONVENTION AND VISITORS BUREAU, hereinafter referred to as "the Sublessee", and shall be effective as of the date last signed below. WHEREAS, the Lessor entered into a sublease agreement with the Lessee on June 29, 2001 (the "Sublease Agreement') for a portion of the property located at 3545 East Prospect Road, in the County of Latimer, Colorado (the "Leased Premises"); and WHEREAS, the parties desire to amend the Sublease Agreement. NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements herein contained, as well as other good and valuable consideration, the receipt and adequacy of which is hereby acimowledged, the parties agree to amend the Sublease Agreement as follows: 1. The second paragraph Term of Sublease shall be amended to read as follows: The term of this Sublease shall be from the 1" day of January 2001, and continuing until 12:00 midnight on the 31'r day of March 2006. Except as set forth herein, the terms of the Lease Agreement shall remain in full force and effect. THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation Date: S 0 f► By; APPR VED AS TO FORM: Assi t City Attorney 1 lo - f' i ow: ! "/I ATrEST- SUBLEASE AGREEMENT THIS SUBLEASE AGREEMENT is made and entered into this 29th day of June, 2001, by and between THE CITY OF FORT COLLINS, COLORADO, a municipal corporation (hereinafter referred to as "the Ciw) as sublessor and the Fort Collins Convention and Visitors Bureau (hereinafter referred to as "Lessee) as sublessee. WITNESSETH: WHEREAS, pursuant to an Intergovernmental Agreement between the City and the Colorado State Board of Agriculture (acting by and through Colorado State University) ("CSU'J regarding the Environmental Learning Center/Visitor's Center/Welcome Center, located at 3545 East Prospect Road in Fort Collins (the "Facility'), dated August 19, 1999 (the "IGA'), the City currently leases from CSU a portion of the Facility more particularly described on attached Exhibit "A', incorporated herein by this reference (the "City Lease Space'; and WHEREAS, the City wishes to sublease a portion of the City Lease Space to the Lessee, which portion is described on attached Exhibit `B" to the IGA, which is incorporated herein by this reference (hereinafter referred to as "the Property'), on the terms and conditions provided herein, and the Lessee desires to sublease the Property from the City. NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements herein contained, as well as other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties covenant, promise and agree as follows: 1. Sublease of Property. The City hereby subleases, demises and lets unto the Lessee, and the Lessee hereby hires and takes from the City the Property, subject to the terms and conditions set forth herein. 2. Term of Sublease. The term of this Sublease shall be from the 1 st day of Jaou#+y 2001, and continuing until 12:00 midnight on the 31 st day of December, 2001. The parties may extend this agreement for up to four (4) additional one year terms by written addendum, which written addendum shall specify the lease amount due for any and all such extension periods. 3. Termination. The City may terminate this Sublease at any time by and upon giving the Lessee not less than ninety (90) days written notice of such termination. In the event that the Professional Services Agreement between the City and Lessee, dated April 1, 2001, pursuant to which Lessee provides convention and tourism services to the City, is terminated or expires, or the IGA is terminated or expires, this Sublease shall automatically terminate effective the same date as such termination or expiration. 4. Holding Over. The Lessee shall not be entitled to hold over after the expiration of this Sublease, and no such holding over shall create any rights whatsoever in Lessee to remain in I governmental charges when due. The Lessee shall pay all telephone and other utility charges incurred or caused by the Lessee or the Lessee's use of the Property. 11. . Insurance. The Lessee shall, at its sole expense, cause commercial general liability insurance to be carried and maintained with respect to the Property and all improvements thereon in an amount not less than Six Hundred Thousand Dollars ($600,000.00) combined single limits. Said policy shall cover bodily injury, including death to persons, personal injury and property damage liability. Such coverage shall include, without limitation, legal liability of the insured for property damage, bodily injuries and deaths of persons in connection with the operation or use of the Property, including acts or omissions of the Lessee and protection against liability for non -owned and hired automobiles. Such coverage shall also include comprehensive automobile liability insurance, contractual liability and workmen's compensation insurance for employees of the Lessee. All policies of insurance carried by the Lessee shall name the Lessee as an insured party and shall name the City as co-insured and loss payee on the policy. The policy or policies shall contain. a provision that they cannot be canceled or materially altered, either by the insured or the insurance company, until fifteen (15) days prior written notice thereof is given to the Lessee and the City. Upon issuance or renewal of any such insurance policy, the Lessee shall furnish a certified copy or duplicate original of such policy or renewal with proof of premium payment to the City. Any insurance policy purchased by the Lessee must be written by an insurance carrier authorized to do business in the State of Colorado and the carrier must be acceptable to the City. The Lessee's obligation to carry insurance as provided herein may be brought within the coverage of a "blanket" policy of insurance, carried and maintained by the Lessee so long as the policy segregates the amount of coverage applicable to the Property. In the event the Lessee fails to carry the insurance required herein, the City may procure such insurance and pay the premiums for it. In such event, the Lessee shall repay the City for said insurance, together with interest and the City's costs and expenses incurred in procuring the insurance upon demand by the City. 12. Damaae. Destruction and Condemnation. If, prior to the termination of this Sublease, the Property is destroyed, in whole or in part, or is damaged by fire or other casualty, or title to, or the temporary or permanent use of, the Property or any portion thereof shall be taken under the exercise of the power of eminent domain, this Sublease shall terminate at the option of the City. 13. Disclaimer of Warranties. The Lessee shall take the Property in its "as is" condition. The City makes no warranty or representation, either express or implied, as to the value, design, condition or merchantability of the Property or its fitness for any particular use. In no event shall the City be liable for any incidental, indirect, special or consequential damages in connection with or arising out of the furnishing, functioning or the use of the Property by the Lessee. 3 (1) Give the Lessee written notice of the City's intention to terminate this Sublease on a specified date, and Lessee's right to possession of the Property shall cease and this Sublease shall terminate on the specified date; or (2) The City may re-enter and take possession of the Property or any part thereof and repossess the same as the City's former estate and expel the Lessee and those claiming through or under the Lessee and remove the effects of both or either (forcibly, if necessary). The City's right to terminate this Sublease or to re-enter and take possession of the property as set forth above shall be remedies in addition to all other remedies provided to the City, in law or equity, available to enforce the City's rights and/or collect damages sustained due to the lessee's default hereunder. 20. Removal of Property. Upon the expiration or termination of this Sublease, or upon the City's repossession of the Property, the Lessee will surrender the Property in good order and condition, ordinary wear and tear excepted. The Lessee shall remove all of its personal property from the Property. The Lessee will fully repair any damage caused by the removal of such property. Any of the Lessee's property not immediately removed will conclusively be deemed to have been abandoned by the Lessee and may be appropriated, sold, stored, destroyed or otherwise disposed of by the City without notice to the Lessee or to any other person and without obligation to account for them. The Lessee will pay the City all expenses incurred in connection with the City's disposal of such property, including, without limitation, the costs of repairing any damage to the Property or its improvements caused by the removal of such property. The Lessee's obligation to observe and perform this covenant will survive the end of this Sublease. 21. Attorneys Fees. In the event that either party shall default under any of the provisions of this Sublease and the non -defaulting party shall commence litigation to enforce tbi& Sublease, the defaulting party shall be liable for all costs, expenses and reasonable attorneys fees incurred by the non -defaulting party concerning such litigation.. 22. Notices. All notices, certificates or other communication hereunder shall be deemed given when hand -delivered or mailed by certified or registered mail, return receipt requested, postage prepaid, addressed to the following: If to the City: Frank Bruno, Assistant City Manager City of Fort Collins 300 La Porte Avenue P.O. Box 580 Fort Collins, CO 80522-0580 G partnership or a joint venture between the parties hereto, it being agreed that none of the provisions set forth herein, nor any acts or the parties herein, shall be deemed to create a relationship between the parties hereto other than the relationship of sub -lessor and sub -lessee. 31. Indemnity. The Lessee agrees, to the extent permitted by law, to indemnify and save the City harmless against and from all claims by or on behalf of any person, firm, corporation or other entity arising from Lessee's or Lessee's agents guests or invitees' use or occupation of the Property, any condition on the Property or from any action performed under this Sublease. IN WITNESS WHEREOF, the parties hereto have entered into this Sublease Agreement the day and year first above written. ATTEST: 4 huh � City Clerk 1.Chfk�C APPROVED AS TO FORM: Assistant City AttoqtQZ� ATTEST: Bo d cretary THE CITY OF FORT COLLINS, COLORADO, A Municipal Corporation By: Mayor FORT COLLINS CONVENTION AND VISITOR'S BUREAU 7 Vince McElligott, 15. The City is interested in having a calendar(s) of events established and developed that is the premier source for what is happening in Fort Collins. i. Develop and maintain an all-inclusive online calendar and act as an information - clearing house, specifically for: - Community events - Cultural events - Tourism information ii. Proactively solicit content and ensure the calendar is current and accurate. iii. Actively promote the web site and calendar. 16. Programs that increase visitor spending with Fort Collins area businesses. 17. Respond if appropriate to State Film Commission inquiries promoting Fort Collins as a desirable location. 18. Conduct annual conversion studies to measure the effectiveness of marketing activity, and to better understand the demographic and psychographic makeup of the market. 19. Visitors Center: i. Oversee the operation of the Colorado Welcome Center at Fort Collins as well as the Visitors Center in Downtown Fort Collins. (1) Vendor agrees to execute a Sublease Agreement (attached as EXHIBIT B ) and 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 3745 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"). Vendor shall be entitled to use the portions of Center, as shown, for office space, Visitor's Center and Welcome Center uses, consistent with the terms of the Scope of Work and all other provisions of the Agreement, in the performance of its obligations under the Agreement. (2) Vendor agrees to operate the Fort Collins Convention and Visitor's Center in the space designated by the City at 3745 East Prospect Road, and a location in Old Town Plaza 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. Make arrangements for all necessary building maintenance to the extent required under the IGA. 2/9/00 EXHIBIT °C" Intergovernmental Agreement Environmental Learning Center/Visitor's Center/Welcome Center rtb-uruu nun ►u:sJ P. 02 Intergovernmental Agreement for the Environmental Learning Center/ Visitor's Center/Welcome Center This Agreement for the Environmental Learning CenterNishor's Centcr/Wcicotne Center (Agreement) is entered into on this 19'h day of 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. Recitals A. The University is a comprehensive research university with a tripartite Iand-grant mission of teaching, research, and service. This mission includes the promotion and development of linkages with other agencies. organizations, and institutions to promote and enhance undergraduate and graduate educational and research experiences and the development, adoption, and transfer of knowledge. B. The University wishes to increase natural resource educational and outreach . opportunities by placing the Environmental LearningNisitor Center/Welcome Center (Welcome Center Project) m this highly visible location as shown on Exbibit A, inviting visitors to view educational exhibits on the environment and to tour the area, including the Cache La Poudre River, and to experience and learn from the natural environment. C. The City seeks to welcome visitors to Fort Collins through efforts for which, at the time of execution of this Agreement, it contracts with the Fort Collins Convention and Visitor's Bureau (FCCVB). The City, or its convention and visitor's services contractor, will occupy office space in the Welcome Center in furtherance of these efforts. D. The Colorado Department- of Parks and Outdoor Recreation (CDPOR) is one of eight divisions of the Colorado Department of Natural Resources and will join the University and the City at the Welcome Center under separate agreement. CDPOR manages 40 parka located across the state which include more than 156,000 total land acres and 34,000 water acres. CDPOR is responsible for other programs that provide administrative, planning, technical assistance, and funding to a wide variety of outdoor recreation users. T'fte mission of CDPOR is to races the needs of visitors and protect park lands for the future. Page 1 of 12 rm-ut-vu iiun lu;34 P. 03 S E. The University, CDPOR, and the City have come together to facilitate a cooperative Welcome Center, as they share a goal of disseminating information to the public about the natural environment and other attractions in Colorado. F. The Welcome Center will provide benefits to the parties in fulfilling their respective missions, including preserving the Cache La Poudre River corridor in a natural state, developing a facility that is enviroaanentally sensitive and sustainable, and demonstrating compatible relations between the built environment and the natural environment. O. The University will construct and own the Welcome Center and occupy a portion of it. The Welcome Center is scheduled to be ready for use in January of 2000. CDPOR and the City will lease separate spaces designated for their use, and the parties will share common spaces, as shown on Exhibit B. H. CDPOR and the City will prepay lease amounts at agreement execution for their leases for 50 years, which is the term of this Agreement. Now therefore, in consideration of the above Recitals, the mutual promises contained herein, and other good and valuable consideration, receipt and sutWency of which are hereby acknowledged, the parties agree as follows. 1. Exhibits. The following attached exhibits are incorporated herein by these references; a. Exhibit A. Plat showing the Welcome Center Project, including the Welcome Center building, surrounding 5 acres (Property), and parking lot; and b. Exhibit B. Welcome Center Building space. C. Exhibit C. Legal Description of Thum Luc Right -of -Way (Dedicated ParceD. d. Exhibit D. Legal Description of Parking Lot Easement (Parking Lot Parcel). 2. Szm. The University agrees to lease unto the City when available for occupancy 991 assignable square feet of dedicated space with access to 1,391 square feet of shared space at the Welcome Center, as more fully shown in Exhibit B (Premises). The City shall further be . entitled to reasonable use of those nonassignable common areas, such as restrooms, corridors, and other such portions of the Building, as are reasonably appropriate to permit the use and enjoyment of the Premises. 3. L1'1t1. The Term of this Agreement begins as of the date written above and ends 50 years after the fast day that the Premises is available for occupancy. The City's right to utilize the Premises begins on the first day the Premises is available for occupancy, which is scheduled to be January 24, 2000. If the date that the Premises is available for occupancy is odor char Page 2 of 12 rtd-U MU nUN IU,J4 P, 04 January 24, 2000, the University will provide this date in writing to the City, and the City will acknowledge in writing the date 50 years thereafter as the end of the Term, and will return such acknowledgment to the University. �r a. The City will pay to the University the amount of Two Hundred Thirty Three Thousand, Three Hundred Forty-two Dollars ($233,342) at the time this Agreement is executed Such payment constitutes the prepaid lease payment for the entire Term of this Agreement in the amount of Three Hundred Forty Thousand, Seven hundred Forty-two Dollars ($340,742) (Lease Payment, less the amount of One Hundred Seven Thousand, Four Hundred Dollars ($107,400), to be retained by the City for use in conneewn with street hnprovemeats in the vicinity of the Welcome Center: The parties agree that no refltnd of the Lease Paymcnt will be made in the event that the City no longer wishes to lease the Premises, but that the University will approve a replacement party that the City bads, so Iong as such replacement party has a similar mission and interest as the patties hereto as determined by the University in its sole discretion. b. If the Premises are not available for occupancy by January 1, 2001, the City may declare the University m default of this Agreement, and may take such further action as it may deem appropriate, in accordance with Section 19, below. a. Subject to Colorado State Board of Agriculture approval, the University will grant a right-of-way to the City no later than November 30, 1999, the Dedicated Parcel, described on Exhibit C, for public right of way and utility improvements. b. Subject to City Council approval, the City will convey to the University no later than September 17,1999, a non-exclusive parking easement over the Parking Lot Parcel described on Exh it D. 6. Use. The City will utilize the Premises only for the purposes as set forth herein, and will utilize the Premises in a careful, safe, and proper manner_ The City will be liable for damage to the Premises caused by misuse or abuse thereof by the City, its employees, or its agents. The City will not use, or permit the Premises or any part thereof to be used. for any purpose or purposes other than the -purposes for which the Premises are hereby leased. No use. other A= that specifically contemplated hereunder, may be made or permitted to be made of the Premises, or vets done, other than those reasonably associated with the contemplated use of the Premises, that will increase the rate for insurance for the Welcome Center Building beyond the University's usual rate structure -for Iike budding insurance, nor will the City sell, or permit to be kept, used, or sold in or about the Premises, any article not normally associated with the open-4= of a public learning tearer, visitor's center or welcome center, if the same is Page 3 of 12 rrb-UI-UU MUN 1U:35 P. 05 prohibited by the University's insurance policies. The City will not commit, or cause to be coammitted, any waste or public or private misance upon the Premises, nor, without limiting the generality of the foregoing, Will the City allow the Premises to be used for any improper, immoral, unlawful, or objectionable purpose. The City will not utilize or permit the Premises to be used for any purposes prohibited by the laws of the United States or the State of Colorado, or by the ordinances of the city and county in which the Premises are located. 7. dilawmdw QWRAMMmragemerrr. The parties acknowledge that the University, as a State agency and as the owner of the Welcome Center Building and Property, must retain ultimate decisionmaldng authority and responsibility with respect to operations and maintenance therefor. However, the parties aclmowledge that a =Mber of decisions will need to be made with respect to such operations and maintenance, and that an Operations Management Team will be useful to make recommendations in this regard. This Operations Management Team, consisting of the University ELC Director, CDPOR Regional Director, and City Onsite Director, will collaborate and make recommendations to the University Director of ]Facilities Management for the following items: a. Ways to ensure quality, continuity, and interagency coordination at the Welcome Center Project in the most effective and efficient manner possible. b. Needs for routine operations and maintenance matters, hours of operation, consistency in signage and decor, ways to ensure excellent customer service, and ways to ensure that the goals hereunder are being advanced. C. Amount of damage to the Welcome Center Building caused by misuse or abuse thereof by a party, its employees, or its agents. Qpsrations and Maintenance. a. The following operations and maintenance responsibilities apply to the Welcome Center, costs for which will be shared by the parties as described hereinafter, contingent upon We annual appropriation of funds stiil'icient and intended therefor. i. The University will repair ad maintain the Welcome Center Project, including without imitation major repair and replacement, ice control and snow removal near the building. general grounds maintenance, and all mechanical systems in accordance with the University's usual and customary standards of maintenance so that these facilities properly fraction at all times and remain in good condition. ii. The University will mahMm all parking areas in accordance with its usual and customary standards of maintenance so that the parking lot is accessible at all times and remains in good condition. Page 4 of 12 run-vi-vv iivii iv;ao P. 06 { iii. The University will provide custodial, waste removal, and recycling services sufficient to keep ttu Welcome Center Project in a clean, neat, and attractive condition In accordance with the University's usual and customary standards. iv. The University will provide general public safety protection for the Wela me Center Project consistent with service levels provided elsewhere on the main campus. If the City desires additional security services, such security services will be provided by the City. V. The University will provide and inaintain m good working condition all reasonable utility services between the Welcome Canter Building and the University property line, Including gas, water, sewer, chilled water, steam, electricity, telephone services and other utility services if and as needed. The City agrees that the University will not be liable for failure to provide such services during any period when the University uses reasonable diligence to supply the same, it being understood that the University reserves the tight w temporarily discontimie services at such times as may be necessary when, by reason of accident, unavailability of employees, strikes, repairs, alterations or improvements, or whenever by reason of strikes, walkouts, acts of God, or any other event beyond the control of the University, the University is unable to provide the same. b. Operations and maintenance costs for the Welcome Center Project will be shared by the parties. The University will provide in writing in advance a budget for expected operations and maintenance costs for the Welcome Center. The University will provide in writing actual operations and maintenance costs for the Welcome Center Project on a quarterly basis, and the City will remit payment within 30 days of receipt. The parties agree that the City will be responsible for the percentage of those costs that is the same as the percentage of the dedicated space in the Welcome Center Building occupied by the City, 23.3 percent, less 4 percent due to lower expected visitor levels as compared to other uses in the Welcome Center Build'mg, which is 19.3 percent as of Agreement execution. The parties acknowledge that at Me time of this Agreement, it is anticipated that 30 percent of the total operations and maintenance costs for the Welcome Center Project will be the responsibility of CDPOR by separate agreement between CDPOR and the University. a. Tatting possession of the Premises by the City -will be conclusive evidence as against the City that the Premises were in the condition agreed upon between the University and the City and aelmowledgtnem by the City, that the City accepts the Premises in its current condition, on an "as is" basis, and that the University will have no obligation for any modification or improvement thereof. Acceptance of the Premises in its "as is" condition. Page 5 of 12 rt:o-ur-uu nun lu:jb F.07 however, is not intended to mean that the University is not liable for latent defects of the Welcome Center Project. b. Contingent upon the annual appropriation of fends therefor, the City will maintain the Premises in a good, clean, and orderly condition and repair at all times during the Term. The Premises will not be altered, repaired, or changed without the prior written consent Of the University, except in emergency cases to decrease or prevent damage. The City hereby waives all ii0l to make repairs at the University's expense, unless such repairs were reasonably made to decrease or prevent damage or inj asury to persons. c. ' Unless otherwise provided by written agreement, all alterations, improvements, and changes that may be .permitted hereunder at the request of the City will be done either by or under the direction of the University, but at the cost of the City, will be the property of the University and will remain upon and be surrendered with the Premises. d. The University has the right to enter the Premises with advance notice to the City at reasonable times for the purpose of making necessary i gwdons and repairs or maintenance using best efforts not to interfere with the City's use of the Premises. In the event of an emergency, advance notice is net required. 10. SLf7 ei The City may not erect signs outside of the Promises except at its own expense and as will have been approved by the University, in the University's sole discretion. The City will not erect or maintain other signs, advertising placards, or other such items on the Premises and will not utilize any advertising medium that may be heard or experienced outside the Premises, including but not limited to, flashing lights, search lights, loudspeakers, radios, of television. The University will not utilize any advertising medium that may be heard or experienced inside the Premises, including but not limited to, Plashing lights, search lights. loudspeakers, radios, or television, nor permit other tenants of the Welcome Center Building to do. so. Neither the City nor the University will display or place any handbills, bumper stickers, or other advertising.devictx on any vehicles parked in the parking area of the Welcome Center Project. Distribution of information and advertising inside the Welcome Center Building related to the missions of the parties is allowed. Reconunendations for displays, distribution methods, and placemcat of such items will be made by the Operations Management Team to the University Director of Facilities Management. 11. Insurance. The City agrees to carry and maintain, for the mutual benefit of the University and the City during the Term hereof, comprehensive general public liability insurance against claims for bodily injury, sickness, or disease, including death, and property damage in or about the Premises, and contractual liability coverage, in amounts sufficient for the interests herein. The parties acknowledge that as of Agreemcnt execution, miaimnm amounts include single limit coverage of not less than $600,000 per occurrence, and not less than $150,000 per individual. All policies will provide that the same may not be canceled or altered except upon 10 days prior written notlos to the University and will permit the City to Page 6 of 12 ftb-U f-UU nth M 35 P. 0s waive its rights of subrogation. The parties further acknowledge and agree that the City may, in lien of obtaining the insurance coverage required herein, self -insure for not less than the minimum coverage amounts specified above. The university agrees and aclmowledges that it is self -insured for not less than the amounts specified as minimum coverage required to be carried and maintained by the City. a. The City will neither hold, nor attempt to hold the University liable for any injury or damage, either proximate or remote, occurring through or caused by fire, water, steam, or any repairs, alterations, injury or accident, or any other cause to the welcome Center Building, to any furniture. fixtures, City improvements, or other personal property of the City kept or stored in the Welcome Center Building (City Property Damage), whether by reason of the negligence or default of the owners or occupants thereof, or any other person, or otherwise, unless the City Property Damage was caused by the negligence of the University, its officers, agents or employees. b. In the event the Premises are rendered untenantable or unfit for the City's purposes by fire or other casualty, this Agreerew will be extended for the period from the date of such fee or casualty to the time that the Premises is rendered tenantable. The University agrees that it will promptly repair and restore the Premises pursuant to this Agreement at its own expense, except for those leasehold improvements previously installed by the City. The City agrees that it will promptly repair and restore the leasehold improvements and personal property previously installed by the City pursuant to this Agreement at its own expense, C. The University will neither hold, nor attempt to hold the City liable for any injury or damage, either proximate or remote, occurring through or caused by fire, water, steam, or any repairs, alterations, injury or accident, or any other cause to the Welcome Center Building, to any ftuniture, fixtures, University improvements, or other personal property of the University kept or stored in the Welcome Center Building (University Property Damage), whether by reason of the negligence or default of the owners orroccupants thereof, or any other person, or otherwise, unless the University Property Damage was caused by the negligence of the City, its officers, agents or employees. d. Notwithstanding any other provision of this Agreement, no term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protection, or other provisions of the Colorado Governmental Immunity Act, Section 24-10-101, er sec.. C.R.S., as now or hereafter amended. The parties understand and agree that liability for claims for•injuries to persons or property arising out of negligence of the Board, the City, or the departments, agents, officials and employees thereof are controlled and limited, by the provisions of Section 24-10-101, et M. C.R.S., as now or herufter amended. The parties acknowledge that, notwithstanding any other provision of this Agreement, the liability of each parry for the acts of officers, employees and agents is further Page 7 of 12 rtb-Uf-UU r1uh IU:37 P. 09 limited and controlled by the risk management statutes, Section 24-30-1501, a sec.. C.R.S., as now or hereafter amended, and other applicable legal restrictions. 13. Como-Ilowe vxh ADA aW Other log The University win construct, operate, and maintain the Welcome Comer Building in accordance with University rules and replatious, and in full compliance with all federal and State of Colorado laws, including but not limited to the federal Americans with Disabilities Act (ADA) and all applicable federal, state and local environmental laws and regulations. The City will be solely responsible for the design, installation, and maintenance hereunder of any improvements it makes to meet the requirements of the ADA on or access to the Premises. Each party will be responsible for proper (and, where required, licensed) disposal, handling, monitoring and recording of any toxic or hazardous waste generated from its uses hereunder. Each parry will maintain complete records sonceraing such toxic or hazardous waste, which records shall be made available for reasonable review and copying by the other party upon written request. 14. Parking- The patties intend that priority for parking will be given to visitors, rather than employees, of the Welcome Center Project in accordance with the goals of the Welcome Center Project, The Operations Management Team will generate specific recommendations fur employee parking. The City agrees that parking is at the sole risk of the City, and the City's employees, and the University will not be liable for any injury or damage occasioned by such use that is .not due to the University's negligence. The University's right to use the parking area is as established in an easement and is not apart of this Agreement. 15. Licenses'and Pernuts. The City will be solely responsible for obtaining, prior to taking occupancy; all licenses or permits as may be required for the City to lawfully conduct Its operations on the Premises. 16. drivers' :t Remode19 hie. The University reserves the right to remodel the Welcome Center Building, provided that any remodeling affecting the Premises or the exterior appearance of the Welcome Center Building shall be subject to the prior consent of the City, which consent shall not be unreasonably withheld. The University will share the plans to remodel the Premises with the Operations Managemem Team in advance, and shall use its best efforts to accommodate the wishes of the Operations Management Teats in the remodeling in order to prevent substantial interference with the City's use of the Premises as contemplated herein. 17. Surrentlir. Upon termination of this Agreement, either by lapse of time or otherwise, 'the City will peaceably surrender the Premises in good condition and repair, except for ordinary wear and tear. The City will remove all personal property upon such termination and will repair all damage to the Premises caused by such removal. Page 8 of 12 req-ui-uu r1Ut1 lu-Z P. 10 is. Holding Over. If the City fails to vacate the Premises upon expiration or sooner termination of the Agreement, the City will be a month -to -month tenant subject to all the laws of the State of Colorado applicable to such tenancy. The City will pay the University double the lease payment of similarly situated lessees in the Fort Collins area then applicable for each month or partial month daring which the City retains possession, of the premises, or any part of the Premises, after the expiration or termination of this Agreement, or the termination of the City's right of possession of the Premises. The City will be responsible for all liabilities and damages sustained by the University by reason of such retention of possession, including, but not limited to, any amounts due to or losses of the University occasioned by any third party to whom the University has agreed to lease the Premises. The provisions of this article will not constitute a waiver by the University of any re-entry or other rights of the University available under this Agreement or at law. 19. Default. If either party shall default in the payment of any amount hereunder or in the keeping of any of the terms, covenant or conditions of this Agreement, following fifiew (15) days written notice and failure to cure in the case of monetary default and following forty-five (45) days notice and failure to cure in the event of a non monetary default, the non -defaulting party may seek any or all remedies available to it hereunder or specific performance or any other legal or equitable remedy available to such party under Colorado law. A. In the event of a default by the City, the University will have the right to terminate this Agreement on written notice to the City and reenter and take possession of the Premises and repossess the same in accordance with Colorado law, and without prejudice to any remedies for the City's breach of the covenants and conditions hereunder. In the event of any default by the City, the University will not be obligated to refund to the City amounts it has paid to the University, and may retain the same not as a penalty, but in partial compensation to the University for the injuries occasioned by such a breach. b. In the event of a default by the University, the City will have the right to terminate this Agreement on written notice to the University and will immediately remove kmif and those claiming by, through or under k and removing the effects of it and such, other parties. In the event of any default by the University, the University will reimburse the City for the total of fins actually expended by the City as of the time of default to construct improvements to Prospect Road, to the extant the same were required directly as a result of the Welcome Center Project (Improvements), and any amounts the City has paid to the University, less a prorated amount reflecting the reasonable lease value in the community for the period of time of City occupancy and use of the Premises and the Improvements. The payment of these amounts are not intended as a penalty, but in partial compensation to the City for the injuries occasioned by such a breach. 20. Weaver of Performance. The failure of either parry to insist upon the strict performance of any agreement, term, covenant, or condition hereof or to exercise any right or remedy consequent upon a breach thereof will not constitute a waiver of any such breach of Page 9 of 12 d. Provide all utilities and insurance. e. Submit in a timely fashion all regular reports required by the City. f. 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. g. Operate the Visitor's Center from 8:00 am - 6:00 p.m. (May 1 through September 30) and 8:00 p.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. h. Display the City map provided by the City. i. The Visitor's Center space is shared space, and Vendor 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. j. Maintain properly segregated books for the Visitor's Center reflecting City funds and other funds associated with the Visitor's Center. 20. State Welcome Center: i. Vendor agrees to operate the State 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 vendor subcontracts with the City to operate the State Welcome Center according to the provisions of the grant (agreement attached as Exhibit "D"). If the State were to close the Welcome Center this part of the scope of work would be eliminated. ii. 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. iii. Recruit, select, supervise and appropriately recognize the efforts of volunteers necessary to operate the Welcome Center. iv. Make arrangements for all necessary building maintenance to the extent required under the IGA v. Provide all utilities and insurance. vi. Submit in a timely fashion all regular reports required by the State. vii. 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. viii. 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 2/9/00 rcL)-Ur-vu 11Un 1u;-JO P, I I such agsamcat, term, covenant or condition hereof to be performed, and no breach hereof will be waived, altered, or modified, except by written instrument executed by the parties. 21. Asia The City's interest hereunder will be personal to the City and the City may not assign. transmit, dispose of, mortgage, pledge. or grant any interest in and to its rights under this Agreement without prior written approval of the University. Such approval will not be unreasonably withheld by the University. At the time of execution of this Agreement, the City contracts with the FCCVB to promote tourism and convention activities, and the University hereby authorizes the City to sublease to FCCVB so long as such sublease incorporates this Agreement and requires that FCCVB comply with all terms herein. In no way shall authorization of the FCCVB sublease, or any furore sublease authorization, relieve the City of any obligation set forth herein. 22. Form aieure. If a party's performance under this Agreement or arty obligation hereunder, is interfered with by reason of any circumstance beyond that party's control, including without limitation, fire, explosion, power failure, acts of God, war, revolution, civil convmotion, or acts of public enemies; any law, order, regulation, ordinance, or requirement of nay government or legal body or any representative of any such goverment or legal body; labor unrest, including without limitation strikes, slowdowns, picketing or boycotts; then that party will be excused from its performance on a day -today basis to the extent of such interference. 23. AgRUcabde Law. 'The laws of the State of Colorado and rules and regulations issued pursuant thereto will be applied in the interpretation, execution and enforcement of this Agreement. Any provision of this Agreement, whether or not incorporated herein by reference, which provides for arbitration by any extra -judicial body or person or which is otherwise in conflict with said laws, rules and regulations will be considered null and void. 24. Unless otherwise specifically provided, whenever consent or approval of the University or the City is required under the terms of this Agreement, such consent or approval will not be unreasonably withheld or delayed. if either party withholds any consent or approval, such parry will on written request deliver to the other party a written statement giving the reasons therefore. 25. Ygda. Any notice, request, demand, consent or approval, or other communication required or permitted hereunder will be in writing and will be deemed to have been given when personally delivered or deposited in the United States mail with proper postage and address as follows: University: Vice President for Administrative Services 309 Administration Building Colorado State University Fort Collins, CO 80523 Page 10 of 12 rr.n-u(-uu nun lu;JU P.12 City: City Manager City of Fort Collins P.O. Box 580 300 LaPorte Avenue Fort CollInS, CO 80522 2,6. Co6mykre rreemau. This Agreement, including all exhibits, supersedes any and all prior written or oral agreements and there are no covenants, conditions. or agreements between the parties except as set forth herein. No prior or contemporaneous addition, deledon, or other amendment hereto will have any force or effect whatsoever unless embodied herein in writing. No subsequent novation, renewal, addition, deletion, or other amendment hereto will have any force or effect unless embodied in a written contract executed and approved pursuant to the State Fiscal Rules. 27. _Caprfons. Cone yp on. and Agre ffecr. The captions and headings used is the Agreement are for identification only, and will be disregarded in any construction of the lease provWm. All of the terms of this Agreement will inure to the benefit of and be binding upon the respective heirs, successors, and assigns of both the University and the City.. If any portion, elaase, paragraph, or section of this Agreement will be determined to be invalid, Illegal, or without force by a court of law or rendered so by legislative act, then the remaining portions of this Agreement will remain in full force and effect. 28. No Benefi ' hireresr. The signatories aver that to their )mowledge, no state employee has any personal or beneficial interest whatsoever in the service or property described herein and that no Bribery and Corrupt Influences or Abuse of Public Office under the Colorado Criminal Code is present. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date written above. Colorado State Board of Agriculture by and through Colorado State University By: X'I� G Bamotti Vice President for Administrative Services APPROVALS: By: Page 11 of 12 Al RTIM iM a . Ron Baker Facilities Management rcD`ur-uu UVs1 iu•au P. 13 By Mayor ATI S'T: By. u Arms Qir"do RIP't Knsr[ EFR�ris N-i,cgt. City Clerk Approved as to legal form: By: Carrie M. Daggett Assistant City Aao Page 12 of 12 Intergovernmental Agreement Exhibit "A" "City Lease Space" Available for viewing in the purchasing office F,K=ri B PACE I 09 I CITY -DEDICATED SPACE SHARED SPACE i 1 wil r i_ f to ;Mn' � MONI 0 m OF RATE UMm IMF Lei JIMMKOHMM {{ &Y� rr W-1 ' � I EXHIBIT B PAGE 2 COLOR, STATE IAA m ENYpt01 LEMW cam awsr' za +n sn noxo r T �Ir MAC MAM& xvxm iMWM rya ( Mft a rn�ut1r gArvzwea nw� �. aswsmwww�w s"'.. nw a o wU wwww wia ■ i� Naef ins M i1�4vu MiwC _ 0%Iw1 IOW EX- BIT C PAGE 1 DESCRIPTION OF THE COLORADO STATE BOARD OF AGRICULTURE PROPERTY TO BE DEEDED TO THE CITY OF FORT COLLINS A tract of land located in the Northeast Quarter of Section 21, Township 7 North, Range 68 West of the Sixth Principal Meridian, City of Fort Collins, Larimer County, Colorado, the said tract is a portion of that certain tract of land described in a Special Warranty Deed recorded May 1, 1997, at Reception No. 97026604 records of the Clerk and Recorder of the said Larimer County, more particularly described as follows; Commencing at the north quarter of the said Section 21; THENCE along the north line of the said northeast quarter, South 88 degrees 13 minutes 20 seconds East for a distance of 709.35 feet; THENCE. leaving the said north line, South 00 degrees 23 minutes 56 seconds. West for a distance of 30.01 feet to the existing south right of way of East Prospect road and to the northwest corner of the said tract described at Reception No. 97026804 and to the TRUE POINT OF BEGINNING of this description; THENCE along the west line of the said tract described at Reception No. 97026804, South 00 degrees 23 minutes 56 seconds West fbr a distance of 27.51 feet to a line which is 57.50 feet (measured at right angles) south of and parallel with the said north line of the northeast quarter of Section 21; . THENCE leaving the said west line and along the said parallel line, South 88 degrees 13 minutes 20 seconds East for a distance of 313.65•feet to the east line of the said tract described at Reception No. 97026804; THENCE: leaving the said parallel line, and along the said east line North 32 degrees 09 minutes 57 seconds West for a distance of 33.15 feet to the said existing south right of way; THENCE along the said existing right of way, and along the north line of the said tract described at Reception No. 97026804 North 88 degrees 13 minutes 20 seconds West for a distance of 295.80 feet to the point of beginning. Containing 8380 square feet more less. The above described tract is subject to all easements and rights of ways now existing or of record. I hereby state that the above description was prepared by me and is true and correct to the best of my professional knowledge, belief and opinion. The description is based upon previously recorded plats and deeds and not upon a actual field survey. WALLACE C. MUSCOTT COLD ADO P.L.S. 17497 P.O. BOX 580 FORT COLLINS, CO 80522 _ EXHIBIT C PAGE 2 LOCATION SKETCH COLORADO STATE 50ARD OF AGRICULTURE DEEDED TO CITY OF FORT COLLINS N 114 CORNER 22-7-69 500'23'56'E NORTH LINE / 30.02' NE QUARTER EAST PRO SPEC T_ROAD N85013'20'W — 2cm g0' y N SBS'13'20'E — 313.65' NTS 8.380 SQ.FT, I JULY 2G. 2994 n No. Ice oga ql THIS SKETCH AND THE AREAS SHOWN DEMT THE ATTACHED r%OrERTY DESGRrMON ONLY. AND DO NOT REMSENT A HOMAMM TE0 BOUNDARY SURVEY. E-X—MBTT C PAGE 3 DESCRIPTION OF THE COLORADO STATE BOARD OF Amacu TURF PROPERTY TO BE DEDICATED TO THE CITY OF FORT COLLINS AS A PERMANENT UTILITY AND PEDESTRIAN EASEMENT A tract of land located in the Northeast Quarter of Section 21, Township 7 North, Range 68 West of the Sixth Principal Meridian, City of Fort Collins, Larimer County; Colorado, the said tract is a portion of that certain tract of land described in a Special Warranty Deed recorded May 1, 1997, at Reception No. 97026804 records of the Clerk and Recorder of the said Larimer County, more particularly described as follows; Commencing at the north quarter of the said Section 21; THENCE along the north line of the said northeast quarter, South 88 degrees 13 minutes 20 seconds East for a distance of 709.35_feet; THENCE leaving the said north line, South 00 degrees 23 minutes 56 seconds West for a distance of 57.52 feet to the south line of the proposed tract of land to be deeded to the said City and to the TRUE POINT OF BEGINNING of this description; THENCE along the west line of the said tract described at Reception No. 97026804, South 00 degrees 23 minutes 56 seconds West for a distance of 15.00 feet to a line which is 72.50 feet (measured at right angles) south of and parallel with the said north line of the northeast quarter of Section 21; THENCE leaving the said west line and along the said parallel line, South 88 degrees 13 minutes 20 seconds East for a distance of 323.38 feet to the east line of the said tract described at Reception No. 97026804; THENCE leaving the said parallel line, and along the said east line North 32 degrees 09 minutes 57 seconds West for a distance of 18.08 feet to the said south line of the proposed tract to be deeded to the City; THENCE along the said proposed south line, North 88 degrees 13 minutes 20 seconds West for a distance of 313.65 feet to the point of beginning. Containing 4778 square feet more less. The above described tract is subject to all easements and rights of ways now existing or of record. I hereby state that the above description was prepared by me and is true and correct to the best of my professional knowledge, belief and opinion. The description is based upon previously recorded plats and deeds and not upon a actual field survey. WALLACE C. MUSCOTT COLORADO P.L.S. 17497 P.O. BOX 580 FORT COLLINS, CO 80522 - EXHIBIT C PAGE 4 LOCATION SKETCH COLORADO STATE BOARD OF AGRICULTURE PROPERTY TO BE DEDICATED TO CITY OF FORT COLLINS AS PERMANENT UTILITY AND PEDESTRIAN EASEMENT. N 1/4 GORNER 21-7-G9 500' 23056'[ NORTH LINE NE QUARTER SW 13'201 57.520 70q.35• _ ^ _ EAST PROSPECT ROAD Z. r POD . W .y N o b N88.1320yV - 313.G5' N 0 pC • tp.Jj ^ 588.13'20'E - 323.38' k NTS AUG.G.1999 0 1PERM. Un- + PED. ESMT. 4,718 SQXT. Kece268�� q�0 THIS SKETCH AND THE AREAS SHOWN WICT THE ATTACHED PROPERTY DESUITTION ONLY. AND DO NOT REPRESENT A HONs{6NTED BOUNDARY SURVET. to prohibit the Bureau from providing information on local and regional events, attractions, activities and accommodations. ix. Operate the Welcome Center from 8:00 am - 6:00 p.m. (May 1 through September 30) and 8:00 a.m. - 5:00 p.m. (October 1 through April 30). The Welcome Centers throughout the state are closed on New Year's Day, Easter Sunday, Thanksgiving Day and Christmas Day. x. Display the state map provided by the State. A. The Welcome Center space is shared space. Bureau 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. xii. Obtain State approval on all brochures and pamphlets to be displayed in the designated Welcome Center space prior to display or distribution. Maintain 90% of the brochures listed as "required brochures for display at a Colorado Welcome Center'. State approval will be based on the brochure distribution guidelines contained in the Managers Operation Manual for the Colorado Welcome Center Program. The Bureau 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 Bureau from displaying any brochures or pamphlets in an area reserved by the Bureau for information on local events, attractions, activities and accommodations. xiii. Generally adhere to guidance and procedures contained in the Managers Operations Manual. xiv. Maintain properly segregated books for the Welcome Center reflecting State funds, matching funds and other funds associated with the Welcome Center. xv. Provide monthly billings to the State for reimbursement of operating expenses in accordance with the provisions of the grant. 21. Provide a list of performance measures to monitor and evaluate the effectiveness of marketing and tourism efforts that specifically address City Council identified budget priorities of: i. Improving Economic Health ii. Improving Culture, Recreational and Educational Opportunities III. PROPOSAL SUBMITTAL REQUIREMENTS: A. Vendor should submit its qualification and approach to provide the scope of service. B. Performance indicators to be used to verify the scope of work is being met. C. The total cost to provide the services. D. And any other information which would be useful to the evaluation committee in making an informed decision 2/9/00 EXMrr D PAGE 1 Legal Description 1 An access easement situate in the Northeast quarter of Section 21. Township 7 North, Range 68 West, of the 6" P.K, County of Larimer, State of Colorado, being more particularly described as follows: Considering the North Ina ohtha Northeast quarter of said Section 21, as bearing Soutar 88*13'20* Fast, and with all bearings contained herein relative thereto: Commencing at the North quarter comer of said Section 21; thence along said North line of the Northeast quarter, South 88.13'20' Fast 709M feet: thence South 00.23'5W West 30.01 lest to the Northeast comer of that certain parcel of land as described in Reception No. 96022167. as recorded in the office of the Clerk and Recorder of said County, thence along the West line of said parcel as described In Reception No. 96022167, South 0t1`23'SS' W est 498.76 feet to the Southwest comer of said parcel; thence along the South line of said parcel, North 88034'00' East 105.58 toot to the TRUE POINT OF BEGINNING of this description: thence South 00'24'21' West 267.02 feet; thence North 88'34'00' East 328.00 feel: thence North 00'23'33' East 266.65 feet to a point on the South Inc of said certain parcel as described in Reception No. 96022167; thence along said South Inc. South 88'34W West 328.08 lost to the point of beginning. The above describe easement contains 2.01 acres, and is subject to all rights -of -way, easements and restrictions now In use of on record. -. RMIT D PAGE S9.99t ................�_.._._....__...__.... 3FC'EZ-OON W' • o a w? E •o ei lu Z. I m i CipCO W5065 A. r = gz 2 y Ig r .9 9 w MEt-CZ-OOS S' 0 .9t'B6t z � M99-m000s b CO O EXHIBIT "D" State Welcome Center Contract Department or Agency Number FDA Contract Routing Number CONTRACT THIS CONTRACT, Made this 1st day of July 2000, by and between the State of Colorado for the use and benefit of the Colorado Tourism Office, 1625 Broadway, Suite 1700, Denver, CO 80202, hereinafter referred to as the State, and City of Fort Collins. 300 LaPorte Ave.. PO Box 580, Fort Collins. CO. 80522-0580 hereinafter referred to as the Contractor, WHEREAS, authority exists in the Law and Funds have been budgeted, appropriated and otherwise made available and a sufficient unencumbered balance thereofremains available for payment in Fund Number . 100 , Appropriation Code -3A4+�09 Org. 1920 Contract Encumbrance Number : and WHEREAS, required approval, clearance and coordination has been accomplished from and with appropriate agencies; and WHEREAS, the Colorado Tourism Office established in CRS 24-49.7-103 is empowered to operate State Welcome Centers under CRS 24-49.7-104 (1) (f); and WHEREAS, the Colorado Tourism Office, has determined that it will be efficient and effective to contract for the operation of the Welcome Center in Fort Collins by contracting with the City of Fort Collins as provided in CRS 24-49.7-104 (1) (g); and NOW THEREFORE, it is hereby agreed that: 1. Scope of Work. Contractor shall operate as a state Welcome Center the Premises, hereinafter referred to as "Premises", known and described as follows: Colorado Welcome Center, Prospect Avenue, Fort Collins, CO, for the period beginning July 1, 2000 and ending June 30, 2001. The Contractor's responsibilities in operating the Welcome Center shall include: a. Recruit, select and employ a manager and any staff necessary to operate the Welcome Center as described herein as employees or subcontractors of the Contractor; b. Recruit, select, supervise and appropriately recognize the efforts of volunteers necessary to operate the Welcome Center; Page 1 of 6 C. Provide all necessary interior and exterior building maintenance, landscaping and related maintenance, snow removal, and janitorial services; d. Provide all utilities and insurance; e. Submit in a timelyfashion all regular reports required by the State; f. Secure hospitality and state tourism attractions training for staff and volunteers, and at least once each year require that the manager of the Wdnw Center attend and participate in training opportunities provided by the S tate; g. Recognizing the State's intent is to promote the entire state fairly, without bias to any community, organization, association or business, interact with travelers in such a way as to provide information on events, attractions, activities and accommodations throughout the state. This is not intended to prohibit the Contractor from providing information on local and regional events, attractions, activities and accommodations; h. Operate from 9:00 A.M. until 6:00 P.M. during the summer season (May 1 through September 30) and from 8:00 A.M. until 5:00 P.M. during the winter season (October 1 through April 30); I. Display a state map provided by the State; j. Prohibit advertising displays, signs, or posters, solicitations or sales transactions of any kind on those portions of the Premises used for Welcome Center operations; k. Obtain. State approval of all brochures and pamphlets prior to display or distribution. Maintain 90% of the various brochures which are listed as "Required Brochures For Display at a Colorado Welcome Center". State approval will be based on the brochure distribution guidelines contained in the Managers Operation Manual for the Colorado Welcome Center Program. The Contractor will be given an opportunity to participate with other state Welcome Center contractors and managers in periodically updating and revising the Manual. This is not intended to prevent or prohibit the Contractor from displaying any brochures or pamphlets in an area reserved by the Contractor for information on local events, attractions, activities and accommodations; Page 2of 6 1. Use existing state-owned furnishings and equipment for Welcome Center operations and report annually to the state on the condition and status of such furnishings and equipment; and M. Generally adhere to guidance and procedures contained in the Managers Operations Manual. 2. Time of Performance. This Contract shall become effective July 1, 2000 and shall terminate on June 30, 2001 unless extended by written amendment pursuant to State Fiscal Rules. 3. Bud et. The budget for this project is as follows: Welcome Center Operation $51,250 4: Compensation and Method of Payment. The State agrees to pay, for the work and services to be performed, a total amount not to exceed Fifty One Thousand, Two Hundred Fifty Dollars. Payment shall be made at follows: $ 8,200 Upon full execution of this Contract $42,050 Upon receipt of invoices from the Contractor summarizing personnel, volunteer enhancement, travel and major categories of operating and capital outlay expenses incurred for the operation of the Welcome Center. Contractor may not request reimbursement more frequently than monthly. $1,000 Upon submission of all programs and fiscal reports for the period July 1, 2000 through June 30, 2001. 5. Accountine. At all times from the effective date of this Contract until completion of this Project, the Contractor shall maintain properly segregated books of State funds, matching funds, and other funds associated with this Project. In no event shall the State's total consideration exceed the amount shown. in Paragraph 4 above. Page 3 of 6 6. Audit. The State or its authorized representative shall have the right to inspect, examine, and audit Contractor's records, books and accounts, including the right to hire an independent Certified Public Accountant of the State's choosing and at the State's expense to do so. Such discretionary audit may be called for at any time and for any reason from the effective date of this Contract until five (5) years after the date final payment for this Project -is received by the contractor, provided that the audit is performed at a time convenient to the Contractor and during regular business hours. 7. Personnel. The Contractor shall perform its duties hereunder as a independent contractor and not as an employee. Neither the Contractor nor any agent or employee of the contractor shall be or shall be deemed to be an agent or employee of the state. Contractor shall pay when due all required employment taxes and income tax and local head tax on any monies paid pursuant to this contract. Contractor acknowledges that the contractor and its employees are not entitled to Unemployment Insurance benefits unless the contractor or a third party provides such coverage and that the state does not pay for or otherwise provide such coverage. Contractor shall have no authorization, express or implied to bind the state to any agreements, liability, orunderstanding except as expressly set forth herein. Contractor shall provide and keep in force unemployment compensation insurance in the amounts required by law, and shall be solely responsible for the acts of the contractor, its employees and agents. The Contractor is responsible for providing Workmen's Compensation Coverage and for all of its employees to the extent required by law, and for providing such coverage for themselves. In no case is the State responsible for providing Workmen's Compensation Coverage for any employees or subcontractors of Contractor pursuant to this Agreement, and Contractor agrees to indemnify the State for any costs for which the State may be found liable in this regard. 8. Termination of Contract for Cause. If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner his obligations under this Contract, or if the Contractor shall violate any of the covenants, agreements, or stipulations of this Contract, the State shall thereupon have the right to terminate this Contract for cause by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least five (5) days before the effective date of such termination. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports or other material prepared by the Contractor under this Contract shall, at the option of the State, become its property, and the Contractor shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. Page 4 of 6 Notwithstanding the above, the Contractor shall not be relieved of liability to the State for any damages sustained by the State by virtue of any breach of the Contract by the Contractor, and the State may withhold any payments to the Contractor for the purpose of set off until such time as the exact amount of damages due the State from the Contractor is determined. 9. Termination for Convenience of State. The State may terminate this Contract at any time the State determines that the purposes of the distribution of State monies under the Contract would no longer be served by completion of the Project. The State shall effect such termination by giving written notice of termination to the Contractor and specifying the effective date thereof, at least twenty (20) days before the effective date of such termination. In that event, all finished or unfinished documents and other materials as described in Paragraph 8 above shall, at the option of the State, become its property. If the Contract is terminated by the State as provided herein, the Contractor will be paid an amount which bears the same ratio to the total compensation as the services actually performed bear to the total services of the Contractor covered by this Contract, less payments of compensation previously made. If this Contract is terminated due to the fault of the Contractor, Paragraph 8 hereof relative to termination shall apply. 10. Changes. The State may, from time to time, require changes in the scope of services to be performed under this Contract. However, this Contract is intended as the complete integration of all understandings between the parties, at this time, and no prior or contemporaneous addition, deletion, or other amendment hereto shall have any force or effect, whatsoever, unless embodied in a written contract amendment incorporating such changes, including any increase or decrease in the amount of monies to be paid to the Contractor, executed and approved pursuant to the State's Fiscal Rules. 11. Severabil ity. To the extent that this Contract maybe executed and performance of the obligations of the parties may be accomplished within the intent of the parties to the Contract, the tenors of this Contract are severable, and should any term or provision hereof be declared invalid or become inoperative for any reason, such invalidity or failure shall not affect the validity of any other term or provision hereof. The waiver of any breach of a tenn contained in this agreement shall not be construed as waiver of any other term. 12, Bindine on Successors. Except as otherwise provided, this agreement shall inure to the benefit of and be binding upon the parties, or any subcontractors hereto, and their respective successors and assigns. 13, Assignment. Neither party, including any subcontractors, may assign its rights or duties under this Contract without the prior written consent of the other party. Page 5 of 6 14. Limitation to Particular Funds. The parties expressly recognize that the Contractor shall be paid, reimbursed, or otherwise compensated with funds provided to the State for the purpose of contracting for the services provided for in this agreement, and therefore, the Contractor expressly understands and agrees that all its rights, demands and claims to compensation arising under this Contract are contingent upon receipt of such funds by the State. In the event that such funds or any part thereof are not received by the State, the State may immediately terminate this Contract. 15. Non -Discrimination. The Contractor shall comply with all applicable State and Federal laws, rules, regulations and Executive Orders of the Governor of Colorado involving non-discrimination on the basis of race, color, religion, national origin, age, handicap or sex. Contractor agrees to consider minorities or minority businesses as employees, specialists, agents, consultants or subcontractors under this Contract. Contractor may utilize the expertise of the State Minority Business Office within the Office of the Governor for assistance in complying with the non-discrimination and affirmative action requirements of this Contract and all applicable statutes. 16. Responsible Administrator. The performance of the services required hereunder shall be under the direct supervision of Frank Bruno, Assistant City Manager, City of Fort Collins, an employee or agent of Contractor, who is hereby designated as the administrator -in -charge of this Project. At any time the administrator -in -charge is not assigned to this Project, all work shall be suspended until the Contractor assigns a mutually acceptable replacement administrator -in -charge and the State receives notification of such replacement assignment. 17. Termination for Non -Appropriation of Funds. The parties acknowledge that Contractor is a local government and may not obligate funds beyond its current fiscal year. The parties fiirther acknowledge that Contractor's obligations hereunder shall automatically terminate in the event of failure by the Contractor's City Council, in its discretion, to appropriate such funds. In the event of such termination, the State shall pay the Contractor in the manner set forth in Paragraph 9, above. Page 6 of 7 SPECIAL PROVISIONS FUND AVAILABILITY 1. Financial obligations of the State of Colorado payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. BOND REQUIREMENT If this contract involves the payment of more than fifty thousand dollars for the construction, erection, repair, maintenance, or improvement of any building, road, bridge, viaduct, tunnel, excavation or other public work for this State, the contractor shall, before entering upon the performance of any such work included in this contract, duly execute and deliver to the State official who will sign the contract, a good and sufficient bond or other acceptable surety to be approved by said official in a penal sum not less than one-half of the total amount payable by the terms of this contract. Such bond shall be duly executed by a qualified corporate surety, conditioned upon the faithful performance of the contract and in addition, shall provide that if the contractor or his subcontractors fail to duly pay for any labor, materials, team hire, sustenance, provisions, provendor or other supplies used or consumed by such contractor or his subcontractor in performance of the work contracted to be done or fails to pay any person who supplies rental machinery, tools, or equipment in the prosecution of the work the surety will pay the same in an amount not exceeding the sum specified in the bond, together with interest at the rate of eight per cent per annum. Unless such bond is executed, delivered and filed, no claim in favor of the contractor arising under such contract shall be audited, allowed or paid. A certified or cashier's check or a bank money order payable to the Treasurer of the State of Colorado may be accepted in lieu of a bond. This provision is in compliance with CRS 38-26-106. INDEMNIFICATION 3. To the extent authorized by law, the contractor shall indemnify, save and hold harmless the State, its employees and agents, against any and all claims, damages, liability and court awards including costs, expenses, and attorney fees incurred as a result of any act or omission by the contractor, or its employees, agents, subcontractors, or assignees pursuant to the terms of this contract. COLORADO LABOR PREFERENCE 4. a. Provisions of CRS 8-17-101 8 102 for preference of Colorado labor are applicable to this contract if public works within the State are undertaken hereunder and are financed in whole or in part by State funds. b. When a construction contract for a public project is to be awarded to a bidder, a resident bidder shall be allowed a preference against a non- resident bidder from a state or foreign country equal to the preference given or required by the state or foreign country in which the non-resident bidder is a resident. If it is determined by the officer responsible for awarding the bid that compliance with this subsection .06 may cause denial of federal funds which would otherwise be available or would otherwise be inconsistent with requirements of Federal law, this subsection shall be suspended, but only to the extent necessary to prevent denial of the moneys or to eliminate the inconsistency with Federal requirements (CRS 8-19- 101 and 102). GENERAL 5. The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in the interpretation, execution, and enforcement of this contract. Any provision of this contract whether or not incorporated herein by reference which provides for arbitration by any extra judicial body or person or which is otherwise in conflict with said laws, rules, and regulations shall be considered null and void. Nothing contained in any provision incorporated herein by reference which purports to negate this or any other special provision in whole or in part shall be valid or enforceable or available in any action at law whether by way of complaint, defense, or otherwise. Any provision rendered null and void by the operation of this provision will not invalidate the remainder of this contract to the extent that the contract is capable of execution. 6. At all times during the performance of this contract, the Contractor shall strictly adhere to all applicable federal and state laws, rules and regulations that have been or may hereafter be established. 7. The signatories aver that they are familiar with CRS 18-8-301, et. seq., (Bribery and Corrupt Influences) and CRS 18-8-401, et. seq., (Abuse of Public Office), and that no violation of such provisions is present. 9. The signatories aver that to their knowledge, no state employee has any personal or beneficial interest whatsoever in the service or property described herein: IN WITNESS WHEREOF, the parties hereto have executed this Contract on the day first above written. Contractor: City of Fort Collins STATE OF COLORADO (Full Legal Name) BILL OWENS, GOVERNOR By �'i. !Lc .K City Manager J ATMST: %I%M.AL Wanda Krajicekr C14y Clerk Social Security Number or Federal 10 Number 84-6000-587 By DIRECTOR, F. Robert Lee Colorado Office of Economic Development Approved As TO Form. Page 7 which is the last of 7 Pages Fissisiant City rney IV. REVIEW AND ASSESSMENT: Professional firms will be evaluated on the following criteria. These criteria will be the basis for review of the written proposals and interview session. The rating scale shall be from 1 to 5, with 1 being a poor rating, 3 being an average rating, and 5 being an outstanding rating. WEIGHTING QUALIFICATION STANDARD FACTOR 2.0 Scope of Proposal Does the proposal show an understanding of the project objective, methodology to be used and results that are desired from the project? 2.0 Assigned Personnel Do the persons who will be working on the project have the necessary skills? Are sufficient people of the requisite skills assigned to the project? 1.0 Availability Can the work be completed in the necessary time? Can the target start and completion dates be met? Are other qualified personnel available to assist in meeting the project schedule if required? Is the project team available to attend meetings as required by the Scope of Work? 1.0 Motivation Is the firm interested and are they capable of doing the work in the required time frame? 2.0 Cost and Do the proposed cost and work hours compare Work Hours favorably with the project Manager's estimate? Are the work hours presented reasonable for the effort required in each project task or phase? 2.0 Firm Capability Does the firm have the support capabilities the assigned personnel require? Has the firm done previous projects of this type and scope? 2/9/00 Reference evaluation (Top Ranked Firm) The project Manager will check references using the following criteria. The evaluation rankings will be labeled Satisfactory/Unsatisfactory. QUALIFICATION STANDARD Overall Performance Would you hire this Professional again? Did they show the skills required by this project? Timetable Was the original Scope of Work completed within the specified time? Were interim deadlines met in a timely manner? Completeness Was the Professional responsive to client needs; did the Professional anticipate problems? Were problems solved quickly and effectively? Budget Was the original Scope of Work completed within the project budget? Job Knowledge a) If a study, did it meet the Scope of Work? b) If Professional administered a construction contract, was the project functional upon completion and did it operate properly? Were problems corrected quickly and effectively? SERVICES AGREEMENT THIS AGREEMENT made and entered into this day of , 200, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and the , 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 () pages, and incorporated herein by this reference. 2. Contract Period. This Agreement shall commence January 1, 2006, and shall continue in full force and effect until December 31, 2006, 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 using the Denver - Boulder CPI-U as published by the Colorado State Planning and Budget Office as a guide. Written notice of renewal shall be provided to the Bureau and mailed no later than ninety (90) days prior to contract end. 3. Performance Indicators. 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 () page, attached hereto and incorporated herein by this reference. 4. Nondiscrimination in Promotional Activities. 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. 2