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HomeMy WebLinkAboutRFP - 8256 CONVENTION AND VISITOR SERVICESRFP- 8256 Convention and Visitor Services Page 1 of 18 REQUEST FOR PROPOSAL (RFP) 8256 CONVENTION AND VISITOR SERVICES The City of Fort Collins (City) is requesting proposals from qualified firms to provide convention and visitor services which would capitalize on the opportunities for growth as outlined in this RFP. As part of the City’s commitment to Sustainable Purchasing, proposals submission via email is preferred. Proposals shall be submitted in a single Microsoft Word or PDF file under 20MB and e-mailed to: purchasing@fcgov.com. If electing to submit hard copy proposals instead, four (4) copies, will be received at the City of Fort Collins' Purchasing Division, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80524. Proposals must be received before 3:00 p.m. (our clock), March 11, 2016 and referenced as Proposal No. 8256. If delivered, they are to be sent to 215 North Mason Street, 2nd Floor, Fort Collins, Colorado 80524. If mailed, the address is P.O. Box 580, Fort Collins, 80522-0580. Please note, additional time is required for bids mailed to the PO Box to be received at the Purchasing Office. The City encourages all Disadvantaged Business Enterprises (DBEs) to submit proposals in response to all requests for proposals. No individual or business will be discriminated against on the grounds of race, color, sex, or national origin. It is the City’s policy to create a level playing field on which DBEs can compete fairly and to ensure nondiscrimination in the award and administration of all contracts. Questions concerning the scope of the bid should be directed to Amanda King at (970) 221- 6207 or aking@fcgov.com. Questions regarding bid submittal or process should be directed to Jill Wilson, Buyer at (970) 221-6216 or jwilson@fcgov.com. All questions must be submitted in writing via email to Amanda King, with a copy to Jill Wilson, no later than 5:00 PM our clock on February 29, 2016. Questions received after this deadline will not be answered. Responses to all questions submitted before the deadline will be addressed in an addendum and posted on the Rocky Mountain E-Purchasing System webpage. Commodity Code used for this RFP: 96178 Travel Agency, Chartering, and Tour Guide Services A copy of the RFP may be obtained at www.rockymountainbidsystem.com. The City of Fort Collins is subject to public information laws, which permit access to most records and documents. Proprietary information in your response must be clearly identified and will be protected to the extent legally permissible. Proposals may not be marked ‘Proprietary’ in their entirety. All provisions of any contract resulting from this request for proposal will be public information. Financial Services Purchasing Division 215 N. Mason St. 2nd Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 fcgov.com/purchasing RFP- 8256 Convention and Visitor Services Page 2 of 18 New Vendors: The City requires new vendors receiving awards from the City to fill out and submit an IRS form W-9 and to register for Direct Deposit (Electronic) payment. If needed, the W-9 form and the Vendor Direct Deposit Authorization Form can be found on the City’s Purchasing website at www.fcgov.com/purchasing under Vendor Reference Documents. 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. Sustainability: Consulting firms/teams participating in the proposal are to provide an overview of the organization’s philosophy and approach to Sustainability. In no more than one (1) page please describe how your organization strives to be sustainable in the use of materials, equipment, vehicles, fuel, recycling, office practices, etc. The City of Fort Collins incorporates the Triple Bottom Line into our decision process by including economic (or financial), environmental, and social factors in our evaluation. The selected Service Provider shall be expected to sign the City’s standard Agreement without revision prior to commencing Services (see sample attached to this Proposal). Sincerely, Gerry S. Paul Purchasing Director RFP- 8256 Convention and Visitor Services Page 3 of 18 REQUEST FOR PROPOSAL (RFP) 8256 CONVENTION AND VISITOR SERVICES I. INTRODUCTION The City of Fort Collins (City) is requesting proposals from qualified firms to provide convention and visitor services which would capitalize on the opportunities for growth as outlined in this RFP. The City expects to enter into a Services Agreement (Agreement) with the awarded Service Provider. The anticipated terms and conditions of the Agreement are set forth in attached Exhibit “A”, Sample Services Agreement, consisting of eight (8) pages and incorporated herein by reference; however, the City may include additional terms and conditions in the Agreement as deemed necessary. II. 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. City Code requires that 75% of the total lodging tax receipts be used for the promotion of convention and visitor activities and 25% of receipts be used for cultural development and programming activities. Actual revenue collected is appropriated based on this allocation formula and any excess revenue and budget savings are reserved for these activities in the General Fund balance:  70% Convention & Visitors Bureau  25% Fort Fund Cultural Development & Programming  5% Fort Fund Tourism Programming This 70% is available via a one-time payment that will occur by March 31 after the prior years’ Lodging Tax Collections have been finalized. A report on “Estimating the Economic Impacts of Tourism in the Fort Collins Economy” was completed in 2013. The results show a significant contribution to the local economy from the hospitality sector. Tourism is typically thought of as an “export industry,” meaning dollars from outside the economy are spent on local goods, infusing new money into the economy. This is especially important in Colorado, where much of municipal government revenue is generated through sales taxes. While local residents spend a considerable percentage of their income on services not subject to sales taxes, tourists allocate almost all of their expenditures on taxable lodging, retail and restaurants. As a share of each dollar spent, tourists generate more tax revenue than the typical Fort Collins resident. Overall, more than 1 million visitors spent $120 million in 2011, contributing to the Fort Collins economy as follows:  Approximately 1,600 jobs  $58 million in household income RFP- 8256 Convention and Visitor Services Page 4 of 18  $11.3 million in City tax revenue It also suggests that there is room for significant improvement in this sector of the economy. Please contact Jill Wilson, Buyer, at jwilson@fcgov.com to obtain a copy of this study. III. SCOPE OF SERVICES The selected Service Provider will deliver the following services. A. Be the tourism expert for the City by: 1. Developing and maintaining a balanced marketing program. 2. Producing an annual marketing plan and budget as well as a three to five year master plan for marketing and other activities. 3. Setting measurable benchmarks in all marketing related activities and producing quarterly and annual reports addressing the progress relative to these benchmarks. 4. Developing and executing marketing campaigns including public relations and advertising, to create awareness of Fort Collins as a visitor’s destination for both domestic and international tourism. 5. Marketing Fort Collins as an outdoor adventure and cultural tourism destination to other Colorado communities, as well as regional and national communities. 6. Undertake market research biennially, or more frequently, to improve marketing programs. B. Promote Fort Collins and its events/attractions and amenities in a way that fits the City’s core values and aligns with the City’s brand message. For more information, please access this link: http://www.fcgov.com/citymanager/vmv.php. C. Provide all staffing needed to perform convention and visitors promotional services. D. Provide customer services for all segments of the hospitality/tourism market for Fort Collins. E. 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. F. Provide assistance to local service clubs and organizations to help them with their regional and state conferences that are held in within City limits. G. Provide services to convention visitors in a manner consistent with services provided to other visitors to Fort Collins. H. Provide timely visitor/client inquiry fulfillment. I. Provide Community support through interaction with visitors and residents by: 1. Distributing brochures and maps. 2. Providing information on City transportation systems and other services and amenities. RFP- 8256 Convention and Visitor Services Page 5 of 18 3. Providing visitors assistance upon request. J. Coordinate and develop programs with the FC International Visitors Council regarding International visitors and tourism. K. Develop community partnerships with groups including, but not limited to: 1. Fort Collins International Visitors Council 2. Fort Collins Innkeepers Association 3. Cultural Resource Board 4. City of Fort Collins Community & Operation Services Area (Culture, Parks, Recreation and Natural Areas) 5. Poudre Heritage Corridor 6. Downtown Business Association (DBA) L. Act as a liaison and assist in the coordination of local and regional events, which are held in Fort Collins, including Fort Fund Events. This may include: 1. Workshops to help event organizers promote and organize their events. 2. Open houses. 3. Community outreach. 4. Available to offer assistance upon request. M. Provide a variety of effective marketing services such as: 1. Develop and publish at least one promotional brochure or publication that effectively markets Fort Collins as a general visitor and convention destination. 2. Maintain an interactive web site targeted to visitors. 3. Implement social media campaigns or utilize other current “best practice” technologies. 4. Provide toll-free telephone numbers for visitors. 5. 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. 6. Develop and deliver training sessions on tourism promotion and customer service including the CTA program. N. 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. O. Initiate and support programs that increase visitor spending with Fort Collins’ area businesses. P. Respond, if appropriate, to State Film Commission inquiries promoting Fort Collins as a desirable location. RFP- 8256 Convention and Visitor Services Page 6 of 18 Q. Conduct bi-annual conversion studies to measure the effectiveness of marketing activity, and to better understand the demographic and psychographic makeup of the market. R. Provide a list of performance measures to monitor and evaluate the effectiveness of marketing and tourism efforts that specifically address the City Council identified budget priorities of improving Economic Health and improving Culture, Recreational and Educational Opportunities. S. Oversee the operation of the Colorado Welcome Center at Fort Collins as well as the Visitors Center in Downtown Fort Collins. The Service Provider will 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 Service Provider from providing information on local and regional events, attractions, activities and accommodations. 6. Operate the Visitor’s Center from 8:00 a.m. - 6:00 p.m. (May 1 through September 30) and 8:00 a.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. 7. Display the City map provided by the City and distribute other visitor information. 8. Maintain properly segregated accounting files for the Visitor’s Center reflecting City funds and other funds associated with the Visitor’s Center. T. Service Provider will 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 Service Provider subcontracts with the City to operate the State Welcome Center according to the provisions of the grant. PLEASE NOTE: If the State were to close the Welcome Center the following items would be eliminated from the Scope of Services pursuant to the Agreement with the City. 1. 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. RFP- 8256 Convention and Visitor Services Page 7 of 18 2. Recruit, select, supervise and appropriately recognize the efforts of volunteers necessary to operate the Welcome Center. 3. Make arrangements for all necessary building maintenance to the extent required under the Intergovernmental Agreement (IGA). 4. Provide all utilities and insurance. 5. Submit, in a timely fashion, all regular reports required by the State. 6. 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. 7. 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 Service Provider from providing information on local and regional events, attractions, activities and accommodations. 8. Operate the Welcome Center from 8:00 a.m. - 6:00 p.m. (May 1 through September 30) and 8:00 a.m. - 5:00 p.m. (October 1 through April 30). Welcome Centers throughout the state are closed on New Year’s Day, Easter Sunday, Thanksgiving Day and Christmas Day. 9. Display the state map provided by the State. 10. The Welcome Center space is shared space. The Service Provider 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. 11. 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 Service Provider 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 Service Provider from displaying any brochures or pamphlets in an area reserved for information on local events, attractions, activities and accommodations. 12. Generally adhere to guidance and procedures contained in the Managers Operations Manual. 13. Maintain properly segregated account ledgers for the Welcome Center reflecting State funds, matching funds and other funds associated with the Welcome Center. 14. Provide monthly billings to the State for reimbursement of operating expenses in accordance with the provisions of the grant. IV. SUBMITTAL REQUIREMENTS The following information must be included in the proposal and will be evaluated according to the criteria annotated in Section VI of this RFP. Required proposal documents must be arranged RFP- 8256 Convention and Visitor Services Page 8 of 18 in the order listed below. Proposals shall be limited to twenty (20) pages. The City reserves the right to reject any proposal exceeding these limits or omitting any submittal requirement. Scope of Proposal 1. Firm’s name and address, as well as the name and contact information of the primary contact for this project, including contact’s email. 2. Submit qualifications and approach to provide the Scope of Services outlined in this RFP. 3. Acknowledge consent to adhere to the Scope of Services and Sample Services Agreement (including Insurance Requirements) outlined in this RFP. Assigned Personnel & Availability 4. Provide a list of key personnel, their roles and availability to administer these services. 5. List additional qualified personnel available to assist on projects if required. Sustainability/TBL Methodology 6. Provide an overview of the firm’s philosophy and approach to Sustainability. In no more than one (1) page, please describe how your firm strives to be sustainable in the use of materials, equipment, vehicles, fuel, recycling, office practices, etc. Cost and Work Hours 7. Provide annual total cost to provide services defined in this RFP. Pricing must include all items annotated in the Scope of Services. Firm Capability 8. Brief company profile to include years in business and performance indicators used to verify the Scope of Services is being met. 9. Provide three (3) examples of similar work conducted within the last five (5) years that can serve as references. Each example must include a brief description of the services provided. Include the name and address of each referenced company, as well as the name, title, and phone number of the referenced contact person. V. PROPOSAL GUIDELINES The City assumes no responsibility for liability for any costs firms may incur in responding to this RFP; including attending meetings, interview sessions and/or contract negotiations. This RFP may be amended and/or revoked at any time prior to final execution of an Agreement with the City. In evaluating the proposals, the City may seek information from a Proposer to clarify their proposal. In that event, Proposer must submit written and signed clarifications and such clarifications shall become part of the proposal. RFP- 8256 Convention and Visitor Services Page 9 of 18 All proposals shall remain subject to initial acceptance ninety (90) days after the day of submittal. VI. REVIEW AND ASSESSMENT Firms will be evaluated using on the following criteria. These criteria will be the basis for review and assessment of the written proposals and optional 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 FACTOR QUALIFICATION STANDARD 2.0 Scope of Proposal/Deliverables Does the proposal address all elements of the RFP? Does the proposal show an understanding of the project objectives, methodology to be used and deliverables required by the project? Are there any exceptions to the Scope of Services or Agreement? 2.0 Assigned Personnel Do the persons who will be working on the project have the necessary skills and qualifications? Are sufficient people of the requisite skills and qualifications 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? 1.0 Sustainability/TBL Methodology Does the firm demonstrate a commitment to Sustainability and incorporate Triple Bottom Line methodology in both their Scope of Services for the project, and their day-to-day business operating processes and procedures? 2.0 Cost and Work Hours Does the proposal included detailed cost break-down for each cost element as applicable and are the costs competitive? Do the proposed cost and work hours compare favorably with the Project Manager's estimate? Are the work hours presented reasonable for the effort required by each project task or phase? 2.0 Firm Capability Does the firm have the resources, capacity and support capabilities required to successfully meet service schedules? Has the firm successfully completed previous projects of this type and scope? RFP- 8256 Convention and Visitor Services Page 10 of 18 VII. REFERENCE EVALUATION (TOP RATED 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 Services 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 Services completed within the project budget? Job Knowledge Were problems corrected quickly and effectively? RFP- 8256 Convention and Visitor Services Page 11 of 18 EXHIBIT A SAMPLE SERVICES AGREEMENT (For informational purposes, do not fill in or submit with proposal) 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 , hereinafter referred to as "Service Provider". WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Scope of Services. The Service Provider agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of ( ) page and incorporated herein by this reference. Irrespective of references in Exhibit A to certain named third parties, Service Provider shall be solely responsible for performance of all duties hereunder. 2. The Work Schedule. [Optional] 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 ( ) 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 ( ) days following execution of this Agreement. Services shall be completed no later than . Time is of the essence. Any extensions of the time limit set forth above must be agreed upon in a writing signed by the parties. 4. Contract Period. This Agreement shall commence , 200 , and shall continue in full force and effect until , 200 , 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 ( ) 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 thirty (30) days prior to contract end. 5. 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. 6. Early Termination by City/Notice. Notwithstanding the time periods contained herein, the RFP- 8256 Convention and Visitor Services Page 12 of 18 City may terminate this Agreement at any time without cause by providing written notice of termination to the Service Provider. Such notice shall be delivered at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: Service Provider: City: Copy to: Attn: City of Fort Collins Attn: PO Box 580 Fort Collins, CO 80522 City of Fort Collins Attn: Purchasing Dept. PO Box 580 Fort Collins, CO 80522 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. 7. Contract Sum. The City shall pay the Service Provider for the performance of this Contract, subject to additions and deletions provided herein, ($ ) as per the attached Exhibit " ", consisting of page , and incorporated herein by this reference. 8. 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. 9. 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. 10. Subcontractors. Service Provider may not subcontract any of the Work set forth in the Exhibit A, Statement of Work without the prior written consent of the city, which shall not be unreasonably withheld. If any of the Work is subcontracted hereunder (with the consent of the City), then the following provisions shall apply: (a) the subcontractor must be a reputable, qualified firm with an established record of successful performance in its respective trade performing identical or substantially similar work, (b) the subcontractor will be required to comply with all applicable terms of this Agreement, (c) the subcontract will not create any contractual relationship between any such subcontractor and the City, nor will it obligate the City to pay or see to the payment of any subcontractor, and (d) the work of the subcontractor will be subject to inspection by the City to the same extent as the work of the Service Provider. 11. Personal Services. It is understood that the City enters into the Agreement based on the RFP- 8256 Convention and Visitor Services Page 13 of 18 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. 12. 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. 13. 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. 14. 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. 15. 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. 16. 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, RFP- 8256 Convention and Visitor Services Page 14 of 18 heirs, personal representatives, successors and assigns of said parties. 17. 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 , 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. 18. 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. 19. 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. 20. 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 RFP- 8256 Convention and Visitor Services Page 15 of 18 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. 21. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit " " - Confidentiality, consisting of one (1) page, attached hereto and incorporated herein by this reference. RFP- 8256 Convention and Visitor Services Page 16 of 18 THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul Purchasing Director DATE: ATTEST: City Clerk APPROVED AS TO FORM: Assistant City Attorney SERVICE PROVIDER'S NAME By: Printed: Title: CORPORATE PRESIDENT OR VICE PRESIDENT Date: RFP- 8256 Convention and Visitor Services Page 17 of 18 EXHIBIT INSURANCE REQUIREMENTS 1. The Service Provider will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Service Provider shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement: “The insurance evidenced by this Certificate will not reduce coverage or limits and will not be cancelled, except after thirty (30) days written notice has been received by the City of Fort Collins.” In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Service Provider, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Service Provider under this Agreement. The City, its officers, agents and employees shall be named as additional insureds on the Service Provider’s general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement. 2. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The Service Provider shall maintain during the life of this Agreement for all of the Service Provider's employees engaged in work performed under this agreement: 1. Workers' Compensation insurance with statutory limits as required by Colorado law. 2. Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee. B. Commercial General & Vehicle Liability. The Service Provider shall maintain during the life of this Agreement such commercial general liability and automobile liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for each coverage, Commercial General and Vehicle, shall not be less than $1,000,000 combined single limits for bodily injury and property damage. In the event any work is performed by a subcontractor, the Service Provider shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance. RFP- 8256 Convention and Visitor Services Page 18 of 18 EXHIBIT CONFIDENTIALITY IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the “City”) pursuant to this Agreement (the “Agreement”), the Service Provider hereby acknowledges that it has been informed that the City has established policies and procedures with regard to the handling of confidential information and other sensitive materials. In consideration of access to certain information, data and material (hereinafter individually and collectively, regardless of nature, referred to as “information”) that are the property of and/or relate to the City or its employees, customers or suppliers, which access is related to the performance of services that the Service Provider has agreed to perform, the Service Provider hereby acknowledges and agrees as follows: That information that has or will come into its possession or knowledge in connection with the performance of services for the City may be confidential and/or proprietary. The Service Provider agrees to treat as confidential (a) all information that is owned by the City, or that relates to the business of the City, or that is used by the City in carrying on business, and (b) all information that is proprietary to a third party (including but not limited to customers and suppliers of the City). The Service Provider shall not disclose any such information to any person not having a legitimate need-to-know for purposes authorized by the City. Further, the Service Provider shall not use such information to obtain any economic or other benefit for itself, or any third party, except as specifically authorized by the City. The foregoing to the contrary notwithstanding, the Service Provider understands that it shall have no obligation under this Agreement with respect to information and material that (a) becomes generally known to the public by publication or some means other than a breach of duty of this Agreement, or (b) is required by law, regulation or court order to be disclosed, provided that the request for such disclosure is proper and the disclosure does not exceed that which is required. In the event of any disclosure under (b) above, the Service Provider shall furnish a copy of this Agreement to anyone to whom it is required to make such disclosure and shall promptly advise the City in writing of each such disclosure. In the event that the Service Provider ceases to perform services for the City, or the City so requests for any reason, the Service Provider shall promptly return to the City any and all information described hereinabove, including all copies, notes and/or summaries (handwritten or mechanically produced) thereof, in its possession or control or as to which it otherwise has access. The Service Provider understands and agrees that the City’s remedies at law for a breach of the Service Provider’s obligations under this Confidentiality Agreement may be inadequate and that the City shall, in the event of any such breach, be entitled to seek equitable relief (including without limitation preliminary and permanent injunctive relief and specific performance) in addition to all other remedies provided hereunder or available at law.