Loading...
HomeMy WebLinkAbout389800 NORTH STAR DESTINATION STRATEGIES - CONTRACT - RFP - P1012 BRANDING SERVICESPROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT made and entered into the day and year set forth below, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and North Star Destination Strategies, LLC hereinafter referred to as "Professional". W ITNESSETH: 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 Professional agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of three (3) pages and incorporated herein by this reference. 2. The Work Schedule. The services to be performed pursuant to this Agreement shall be performed in accordance with the Work Schedule attached hereto as Exhibit "B", consisting of one (1) page, and incorporated herein by this reference. 3. Time of Commencement and Completion of Services. The services to be performed pursuant to this Agreement shall be initiated within five (5) days following execution of this Agreement. Services shall be completed no later than October 31, 2006. Time is of the essence. Any extensions of the time limit set forth above must be agreed upon in writing by the parties hereto. 4. Early Termination by City. 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 Professional. Such notice shall be delivered at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective when mailed, postage M CERTIFICATE OF LIABILITY INSURANCE 05/09/20o PRODUCER (615) 383-9061 FAX (615) 383-0591 Wade & Egbert Insurance Partners Commercial Department P P. 0. Box 150229 Nashville, TN 37215-0229 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED North Star Destination Strategies, LLC - 220 DTsspayneDrive Nashville, TN 37214 INSURERA: Cincinnati Insurance Company 10677 - INSURERS: Cincinnati IndemnityCompany23280 INSURER C: INSURER 0: . INSURER E. rnvFRAf:FS THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. DD' TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS rA GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE O OCCUR BOP1608917 11/12/200S 11/12/2006 EACH OCCURRENCE $ 1,000,00 DAMAGE TO RENTED $ 1,000,000 MED EXP (Any one person) $ S , OO PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: POLICYF_j PRO- LOC PRODUCTS - COMPIOP AGG $ 2,000,000 A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS BOP1608917 11/12/200S .. .. .. 11/12/2006 - - _.. _ COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ X - BODILY INJURY (Per accident) .. _. -$ X - PROPERTY DAMAGE. (Per accident) - $ ._. .. . GARAGE LIABILITY ANYAUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGG $ $ A EXCESSIUMBRELLA LIABILITY X OCCUR CLAIMS MADE RXDEDUCTIBLE RETENTION $ BOP1609917 11/12/200S 11/12/2006 EACH OCCURRENCE $ 1,000,000 AGGREGATE $ 1,000,000 $ $ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERIEXECUTNE OFFICEFUMEMBER EXCLUDED? If deunder S ECIALScribe PROVISIONS below WC1841378-02 11/12/200S 11/12/2006 X WCSTATU- oTH- E.L. EACH ACCIDENT $ 100,000 E.L. DISEASE - EA EMPLOYEE $ 100,000 E.L. DISEASE - POLICY LIMIT $ 500OO OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Fort Col 1 i ns Colorado EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL Purchasing Division 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Christine Patterson -Jarvis BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY P. 0. Box S80 I OF ANY KIND UPON THE INSURER ITS AGENTS OR REPRESENTATIVES. Fort Collins, CO 8OS22 I AUTHORIZED REPRESENTATIVE le.7 � dA ACORD 25 (2001108) ©ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001108) prepaid and sent to the following addresses: Professional: City: With Copy to: North Star City of Fort Collins City of Fort Collins Attn: Don McEachern Attn: Mike Freeman Attn: Purchasing 220 Disspayne Dr. 300 W. Laporte PO Box 580 Nashville, TN 37214 Fort Collins, CO 80521 Fort Collins, CO 80522 In the event of any such early termination by the City, the Professional shall be paid for services rendered prior to the date of termination, subject only to the satisfactory performance of the Professional's obligations under this Agreement. Such payment shall be the Professional's sole right and remedy for such termination. 5. Design, Project Indemnity and Insurance Responsibility. The Professional shall be responsible for the professional quality, technical accuracy, timely completion and the coordination of all services rendered by the Professional, including but not limited to designs, plans, reports, specifications, and drawings and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. The Professional shall indemnify, save and hold harmless the City, its officers and employees in accordance with Colorado law, from all damages whatsoever claimed by third parties against the City; and for the City's costs and reasonable attorneys fees, arising directly or indirectly out of the Professional's negligent performance of any of the services furnished under this Agreement. The Professional shall maintain commercial general liability insurance in the amount of $500,000 combined single limits, and errors and omissions insurance in the amount of $1,000,000. 6. Compensation. In consideration of the services to be performed pursuant to this Agreement, the City agrees to pay Professional a fixed fee in the amount of Seventy Six Thousand Dollars ($76,000), plus reimbursable direct costs. All such fees and costs shall not exceed Eighty Thousand Dollars ($80,000). Fifty percent (50%) of the fixed fee will be paid upon execution of this contract and Twenty Five percent (25%) of the fixed fee will be paid upon completion of the midpoint. The K amounts of all such partial payments shall be based upon the Professional's City -verified progress in completing the services to be performed pursuant hereto and upon the City's approval of the Professional's actual reimbursable expenses. Final payment shall be made following acceptance of the work by the City. Upon final payment, all designs, plans, reports, specifications, drawings, and other services rendered by the Professional shall become the sole property of the City. 7. City Representative. The City will designate, prior to commencement of work, its project representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to the City Representative. 8. Monthly Report. Commencing thirty (30) days after the date of execution of this Agreement and every thirty (30) days thereafter, Professional is required to provide the City Representative with a written report of the status of the work with respect to the Scope of Services, Work Schedule, and other material information. Failure to provide any required monthly report may, at the option of the City, suspend the processing of any partial payment request. 9. Independent Contractor. The services to be performed by Professional are those of an independent contractor and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Professional's compensation hereunder for the payment of FICA, Workers' Compensation, other taxes or benefits or for any other purpose. 10. Personal Services. It is understood that the City enters into this Agreement based on the special abilities of the Professional and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Professional shall neither assign any responsibilities nor delegate any duties arising under this Agreement without the prior written consent of the City. 3 11. Acceptance Not Waiver. The City's approval of drawings, designs, plans, specifications, reports, and incidental work or materials furnished hereunder shall not in any way relieve the Professional of responsibility for the quality or technical accuracy of the work. 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. 12. 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. 13. 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. 14. 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. 15. 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. 4 ATTEST: Corporate Secretary THE CITY OF FORT COLLINS, COLORADO By: J m B. O'Neill II, CPPO, FNIGP Director urchasing & Risk Management North Star Destinations Strategies, L By: Title: 1t-&zz CORPORATE PRESIDENT OR VICE PRESIDENT Date: SLq I G`Q (Corporate Seal) EXHIBIT A I. Understanding: Where the Brand has Been and Why This stage addresses the current brand positioning of the community. We invite vital organizations and leaders to share their perceptions to help coordinate activities to market the community as a whole. We evaluate the environment, community attitudes, current communications, and perceptions of target audiences and their influencers. • Communication, Research and Media Audit - Downtown Business Association - Downtown Development Authority - Convention and Visitors Bureau - Colorado State University - Chamber of Commerce - Cultural Resources Board - Arts Alive - Natural Resources - Community Foundation - Retailers - City of Fort Collins - Any pertinent private sector information available • Situation Analysis - Background Document and Meeting - Situation Brief • Competition - Lodging Report - Competitive Economic Opportunity Analysis - Brand Message Assessment • Stakeholders/Community - Key Stakeholder Interviews - Stakeholder Focus Group - Vision Survey — Mail * Vision Surveys must be mailed within 2 weeks of the first in -market visit with a 2 week deadline for return. - Vision Survey — Online (community wide) - "Man on the Street" Intercept Interviews 3 • Consumers * All inquiry, attraction and lodging records must be provided within 4 weeks upon completion of the in -market visit. Lodging data must be received from a minimum of 3 properties. If unavailable, the BrandPrint process will proceed without these corresponding reports. - Inquiry Origin - Attraction Origin - Lodging Origin - Geo-demography (consumer profiling) Who, What and Where Reports o Visitors & Residents - Perception Study (Qualitative) o Visitors/Meeting Planners/Group Tour Leaders o Prospects/Site Selectors/Relocation Executives - Perception Study (Quantitative) o Visitors/Non-Visitor 2. Insights: Where the Brand Should Be The goals for the community may involve a number of elements: gross receipts, population, higher education matriculation, overnight guests, and bed -tax collected. Branding influences these goals by influencing expectations and affecting attitudes, thus affecting behavior and usage. The most successful brands establish an emotional — not simply an intellectual — connection. Our insights come from asking a number of thought -provoking questions. What emotional attachments can the brand hold? How does the brand fit into his or her lifestyle? It is from these insights that we determine the overall positioning of the brand. • Situation Brief • Blue Sky Meeting • Brand Strategy Presentation - Brand Essence (reason for being) - Brand Values (guiding principles) - Brand Truths (help deliver the promise) - Brand Promise (what can you provide that others cannot) - Brand Benefits (consumer appeal) - Brand Personality (tonality) - Brand Platform Statement Note: Here, we conduct a midpoint meeting to present all of the research findings as well as our recommended brand positioning based on those findings and request approval before proceeding. 7 3. Imagination: What Will Get us There In this stage, we consider elements of communication that need to be created (or changed) to influence responses and behavior toward the brand. A number of brand - shaping issues often must be confronted: overall positioning, synergy within the community, packaging, budget allocation, stakeholder participation, sponsorship association, co-operative efforts and, of course, advertising and promotion. Business - building ideas are generated. Positioning lines and logos are created and tested. Foundation creative is developed. * The client must designate a maximum of three representative individuals to provide guidance and approval through the Imagination stage. • Brand concept development * Three campaign concepts will be developed • Positioning line development and testing * Up to 12 lines will be written with 5 approved lines for testing. • Foundation creative - Logo development and guidelines: finished art *One round of 5 logo concepts will be presented with a round of revisions on the chosen logo direction. - Marketing materials: conceptual development *Seven creative executions of the approved concept will be developed. • Brand building ideas 4. Evaluation: How the Brand is Performing Evaluation yields new information which may lead to the beginning of a new planning cycle. Information may be gathered from concept pre -testing, campaign impact in the marketplace and tracking studies to measure a brand's performance over time. Ideally, two basic questions will be answered: have responses to the brand among target audiences changed in the way the Community BrandPrintTM intended? And have these changes resulted in action that will achieve the desired objectives of the brand? Turnkey or do-it-yourself programs are recommended depending on the needs of the community. • Recommended Measures of Accountability • Three Annual Branding Check -Ups • Geo-demography consumer profiling, Who, What, and Where reports (3 year update) Note. Here, we conduct a final -presentation that delivers the creative product, brand -building ideas and recommended measures of accountability. 0 EXHIBIT B Vision Survey sent, received and entered Week 2 — 6 Inquiry Origin data sent and report mapped Week 2 — g Hoteliers collecting/sending visitor record files Week 2 — 6 Competitive Economic Development Data Week 2 — 6 *Data compiled and mapped Week 6 *Geo-demography who, what and where reports Week 6 *Perception Study Week 4 — 6 *Understanding and Insights development Week 6 — B *Strategy Meeting Week 9 *Understanding and Insights presentation Week 10 Blue Sky Meeting Week I I Creative Brief Week 1 I Imagination and Evaluation development Week 12 — 21 Final report development Week 12 — 21 Brand concepts developed Week 12 Approval of brand concept Week 13 Creative concept executions Week 14 **Logo development Week 15 -16 Positioning line development and testing Week 16 - 17 Imagination and evaluation presentation Week 20 Projected Timeline Week 20.22 * = Time dependent upon how quickly visitor records come in from hoteliers = Dependent upon how quickly approval from client is received 7E