HomeMy WebLinkAbout113129 FORT COLLINS CONVENTION & VISITORS BUREAU - CONTRACT - RFP - 7203 CONVENTION VISITORS SERVICESSERVICES AGREEMENT
THIS AGREEMENT made and entered into the day and year set forth below by
and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation,
hereinafter referred to as the "City" and Fort Collins Convention and Visitors Bureau,
hereinafter referred to as "Service Provider".
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 Service Provider agrees to provide services in
accordance with the scope of services attached hereto as Exhibit "A", consisting of five
(5) pages and incorporated herein by this reference.
2. Contract Period. This Agreement shall commence April 1, 2011, and
shall continue in full force and effect until March 31, 2012, unless sooner terminated as
herein provided. In addition, at the option of the City, the Agreement may be extended
for additional one year periods not to exceed four (4) additional one year periods.
Renewals and pricing changes shall be negotiated by and agreed to by both parties.
Written notice of renewal shall be provided to the Service Provider and mailed no later
than ninety (90) days prior to contract end.
3. Delay. If either party is prevented in whole or in part from performing its
obligations by unforeseeable causes beyond its reasonable control and without its fault
or negligence, then the party so prevented shall be excused from whatever performance
is prevented by such cause. To the extent that the performance is actually prevented,
the Service Provider must provide written notice to the City of such condition within
fifteen (15) days from the onset of such condition.
4. Early Termination by City/Notice. Notwithstanding the time periods
contained herein, the City may terminate this Agreement at any time without cause by
b) Providing information on city transportation systems and other services and
amenities
c) Providing visitors assistance upon request
10) Coordinate and develop programs with the FC International Visitors Council
regarding International visitors and tourism.
11) Develop community partnerships with groups including, but not limited to:
a) Fort Collins International Visitors Council
b) Fort Collins Innkeepers Association
c) Cultural Resource Board
d) City of Fort Collins Culture, Parks, Recreation and Environmental
Services Unit
e) Poudre Heritage Corridor
f) Downtown Business Association
g) Beet Street
12) 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:
a. Workshops to help event organizers promote and organize their
events
Open houses
C. Community outreach
d. Available to offer assistance upon request.
13) Provide a variety of effective marketing devices such as:
a) Develop and publish at least one promotional brochure or publication that
effectively markets Fort Collins as a general visitor and convention
destination.
b) Maintain an interactive web site targeted to visitors.
c) Implement social media campaigns or utilize other current "best practice"
technologies.
d) Provide toll -free telephone numbers.
e) Develop cooperative and pro -active marketing programs with industry
partners, such as hotels, motels, bed and breakfasts, cultural and outdoor
recreation providers and other communities as deemed appropriate.
f) Develop and deliver training sessions on tourism promotion.
g) Deliver a newsletter.
14) Coordinate with other organizations to maintain an all inclusive calendar of
community and cultural events and tourism information on the web site and make
efforts to proactively solicit content and ensure the calendar is current and
accurate.
15) Initiate and support programs that increase visitor spending with Fort Collins area
businesses.
16) Respond if appropriate to State Film Commission inquiries promoting Fort Collins
as a desirable location.
17) Conduct conversion studies to measure the effectiveness of marketing activity,
and to better understand the demographic and psychographic makeup of the
market.
18) 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:
a. Improving Economic Health
b. Improving Culture, Recreational and Educational Opportunities.
19) Visitors Center:
a. Oversee the operation of the Colorado Welcome Center at Fort Collins as
well as the Visitors Center in Downtown Fort Collins.
i. Vendor agrees to operate the Fort Collins Convention and Visitor's
Center in a location in Old Town Plaza and agrees to:
1. Recruit, select and employ a manager and any staff necessary
to operate the Visitor's Center.
2. Recruit, select, supervise and appropriately recognize the
efforts of volunteers necessary to operate the Visitor's Center.
3. Provide all utilities and insurance.
4. Submit in a timely fashion all regular reports required by the
City.
5. 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.
6. Operate the Visitor's Center from 8:30 a.m. - 5:00 p.m.
Monday through Friday and 11:00 a.m. - 5:00 p.m. Saturday
and Sunday. The Visitor's Center may be closed on major
holidays. If required, adjustments to this schedule can be
negotiated with the City's CVB liaison.
Display and provide a City of Fort Collins map and distribute
other visitor information.
8. 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:
a. 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. If the State were to close the Welcome
Center this part of the scope of work would be eliminated.
b. 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.
c. Recruit, select, supervise and appropriately recognize the efforts of
volunteers necessary to operate the Welcome Center.
d. Make arrangements for all necessary building maintenance to the extent
required under the IGA.
e. Provide all utilities and insurance.
f. Submit in a timely fashion all regular reports required by the State.
g. 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.
h. Recognizing the State's intent with the Welcome Center program is to
promote the entire state fairly, without bias to any community, organization,
association or business, interact with travelers in such a way as to provide
information on events, attractions, activities and accommodations
throughout the state. This is not intended to prohibit the Bureau from
providing information on local and regional events, attractions, activities and
accommodations.
i. Operate the Welcome Center from 8:00 am - 6:00 p.m. (Memorial Day
through Labor Day) and 8:00 am - 5:00 p.m. (remainder of the year). The
Welcome Centers throughout the state are closed on New Year's Day,
Easter Sunday, Thanksgiving Day and Christmas Day.
Display the state map provided by the State.
k. 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.
I. 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.
m. Generally adhere to guidance and procedures contained in the Managers
Operations Manual.
n. Maintain properly segregated books for the Welcome Center reflecting
State funds, matching funds and other funds associated with the Welcome
Center.
o. Provide monthly billings to the State for reimbursement of operating
expenses in accordance with the provisions of the grant.
providing written notice of termination to the Service Provider. Such notice shall be
delivered at least fifteen (15) days prior to the termination date contained in said notice
unless otherwise agreed in writing by the parties. All notices provided under this
Agreement shall be effective when mailed, postage prepaid and sent to the following
addresses:
City:
Copy to:
Service Provider:
City of Fort Collins
City of Fort Collins
Fort Collins Convention and
Attn: Purchasing
Attn: Kelly Dimartino
Visitors Bureau
PO Box 580
PO Box 580
19 Old Town Square
Fort Collins, CO 80522
Fort Collins, CO 80522
Suite 137
Fort Collins, CO 80524
In the event of early termination by the City, the Service Provider shall be paid for
services rendered to the date of termination, subject only to the satisfactory performance
of the Service Provider's obligations under this Agreement. Such payment shall be the
Service Provider's sole right and remedy for such termination.
5. Contract Sum. The City shall pay the Service provider for the
performance of this Contract, seventy percent of the lodging tax collected for the prior
year, subject to additions and deletions provided herein, per the attached Exhibit "A",
consisting of five (5) pages, and incorporated herein by this reference. An additional
amount will be paid based on the City's agreement with the State of Colorado to run the
State Welcome Center.
6. City Representative. The City will designate, prior to commencement of
the work, its representative who shall make, within the scope of his or her authority, all
necessary and proper decisions with reference to the services provided under this
agreement. All requests concerning this agreement shall be directed to the City
Representative.
7. Independent Service provider. The services to be performed by Service
Provider are those of an independent service provider and not of an employee of the
City of Fort Collins. The City shall not be responsible for withholding any portion of
Service Provider's compensation hereunder for the payment of FICA, Workmen's
Compensation or other taxes or benefits or for any other purpose.
8. Personal Services. It is understood that the City enters into the
Agreement based on the special abilities of the Service Provider and that this Agreement
shall be considered as an agreement for personal services. Accordingly, the Service
Provider shall neither assign any responsibilities nor delegate any duties arising under
the Agreement without the prior written consent of the City.
9. Acceptance Not Waiver. The City's approval or acceptance of, or
payment for any of the services shall not be construed to operate as a waiver of any
rights or benefits provided to the City under this Agreement or cause of action arising out
of performance of this Agreement.
10. Warranty.
a. Service Provider warrants that all work performed hereunder shall
be performed with the highest degree of competence and care in accordance with
accepted standards for work of a similar nature.
b. Unless otherwise provided in the Agreement, all materials and
equipment incorporated into any work shall be new and, where not specified, of the most
suitable grade of their respective kinds for their intended use, and all workmanship shall
be acceptable to City.
C. Service Provider warrants all equipment, materials, labor and
other work, provided under this Agreement, except City -furnished materials, equipment
and labor, against defects and nonconformances in design, materials and
workmanship/workwomanship for a period beginning with the start of the work and
ending twelve (12) months from and after final acceptance under the Agreement,
regardless whether the same were furnished or performed by Service Provider or by any
of its subcontractors of any tier. Upon receipt of written notice from City of any such
defect or nonconformances, the affected item or part thereof shall be redesigned,
repaired or replaced by Service Provider in a manner and at a time acceptable to City.
11. Default. Each and every term and condition hereof shall be deemed to be
a material element of this Agreement. In the event either party should fail or refuse to
perform according to the terms of this agreement, such party may be declared in default
thereof.
12. Remedies. In the event a party has been declared in default, such
defaulting party shall be allowed a period of ten (10) days within which to cure said
default. In the event the default remains uncorrected, the party declaring default may
elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as
continuing and require specific performance; or (c) avail himself of any other remedy at
law or equity. If the non -defaulting party commences legal or equitable actions against
the defaulting party, the defaulting party shall be liable to the non -defaulting party for the
non -defaulting party's reasonable attorney fees and costs incurred because of the
default.
13. Binding Effect. This writing, together with the exhibits hereto, constitutes
the entire agreement between the parties and shall be binding upon said parties, their
officers, employees, agents and assigns and shall inure to the benefit of the respective
survivors, heirs, personal representatives, successors and assigns of said parties.
14. Indemnity/Insurance.
a. The Service Provider agrees to indemnify and save harmless the City,
its officers, agents and employees against and from any and all actions, suits, claims,
demands or liability of any character whatsoever brought or asserted for injuries to or
death of any person or persons, or damages to property arising out of, result from or
occurring in connection with the performance of any service hereunder.
b. The Service Provider shall take all necessary precautions in performing
the work hereunder to prevent injury to persons and property.
c. Without limiting any of the Service Provider's obligations hereunder, the
Service Provider shall provide and maintain insurance coverage naming the City as an
additional insured under this Agreement of the type and with the limits specified within
Exhibit B, consisting of one (1) page, attached hereto and incorporated herein by this
reference. The Service Provider before commencing services hereunder, shall deliver to
the City's Director of Purchasing and Risk Management, P. O. Box 580 Fort Collins,
Colorado 80522 one copy of a certificate evidencing the insurance coverage required
from an insurance company acceptable to the City.
15. Entire Agreement. This Agreement, along with all Exhibits and other
documents incorporated herein, shall constitute the entire Agreement of the parties.
Covenants or representations not contained in this Agreement shall not be binding on
the parties.
16. Law/Severability. The laws of the State of Colorado shall govern the
construction interpretation, execution and enforcement of this Agreement. In the event
any provision of this Agreement shall be held invalid or unenforceable by any court of
competent jurisdiction, such holding shall not invalidate or render unenforceable any
other provision of this Agreement.
17. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-
101, C.R.S., et. seq., Service Provider represents and agrees that:
a. As of the date of this Agreement:
1. Service Provider does not knowingly employ or contract with an
illegal
alien who will perform work under this Agreement; and
2. Service Provider will participate in either the e-Verify program
created in
Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th
Congress, as amended, administered by the United States Department of Homeland
Security (the "e-Verify Program") or the Department Program (the "Department
Program"), an employment verification program established pursuant to Section 8-17.5-
102(5)(c) C.R.S. in order to confirm the employment eligibility of all newly hired
employees to perform work under this Agreement.
b. Service Provider shall not knowingly employ or contract with an illegal
alien to perform work under this Agreement or knowingly enter into a contract with a
subcontractor that knowingly employs or contracts with an illegal alien to perform work
under this Agreement.
c. Service Provider is prohibited from using the e-Verify Program or
Department Program procedures to undertake pre -employment screening of job
applicants while this Agreement is being performed.
d. If Service Provider obtains actual knowledge that a subcontractor
performing work under this Agreement knowingly employs or contracts with an illegal
alien, Service Provider shall:
1. Notify such subcontractor and the City within three days that Service
Provider
has actual knowledge that the subcontractor is employing or contracting with an illegal
alien: and
2. Terminate the subcontract with the subcontractor if within three days
of
receiving the notice required pursuant to this section the subcontractor does not cease
employing or contracting with the illegal alien; except that Service Provider shall not
terminate the contract with the subcontractor if during such three days the subcontractor
provides information to establish that the subcontractor has not knowingly employed or
contracted with an illegal alien.
e. Service Provider shall comply with any reasonable request by the
Colorado Department of Labor and Employment (the "Department") made in the course
of an investigation that the Department undertakes or is undertaking pursuant to the
authority established in Subsection 8-17.5-102 (5), C.R.S.
f. If Service Provider violates any provision of this Agreement pertaining
to the duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this
Agreement. If this Agreement is so terminated, Service Provider shall be liable for actual
and consequential damages to the City arising out of Service Provider's violation of
Subsection 8-17.5-102, C.R.S.
g. The City will notify the Office of the Secretary of State if Service
Provider violates this provision of this Agreement and the City terminates the Agreement
for such breach.
CITY OF FORT COLLINS, COLORADO
a municipal corporation
By: ��—
1 I
Lj
Jame B. 'Neill II, CPPO, FNIGP
DirectltlrAf Purchasing and Risk Management
Date: -�/ Z -3/ it
CORPORATE PRESIDENT OR VICE PRESIDENT
Date: 3 Q ola
EXHIBIT A
SCOPE OF WORK
1) Be the tourism expert of the City of Fort Collins by:
a) Developing and maintaining a balanced marketing program.
b) Producing an annual marketing plan and budget as well as a three to five
year master plan for marketing and other activities.
c) Setting measurable benchmarks in all marketing related activities and
producing quarterly and annual reports addressing the progress relative to
these benchmarks.
d) Developing and carry out advertising and marketing to create awareness
of Fort Collins as a visitor's destination both domestically and
internationally.
e) Marketing Fort Collins as an outdoor adventure and cultural tourism
destination to other Colorado communities, as well as regionally and
nationally.
f) Undertake market research biennially or more frequently to improve
marketing programs.
2) Promote Fort Collins and its events/attractions and amenities in a way that fits
Fort Collins' values.
3) Provide all staffing needed to perform convention and visitors promotional
services.
4) Provide customer services for all segments of the hospitality/tourism market for
Fort
Collins.
5) Provide convention, conference and trade show marketing and assistance,
including promoting Fort Collins venues and activities for attendees such as
museums, galleries, gardens, theaters, sporting activities, outdoor recreation or
amusements.
6) Provide assistance to local service clubs and organizations to help them with
their
regional and state conferences that are held in Fort Collins.
7) Provide services to convention visitors in a manner consistent with services
provided to
other visitors to Fort Collins.
8) Provide timely visitor/client inquiry fulfillment.
9) Provide Community support through interaction with visitors and residents by:
a) Distributing brochures and maps