Loading...
HomeMy WebLinkAbout09682 ORDINANCE NO. 9682 AN ORDINANCE APPROVING A CONTRACT FOR SERVICES BETWEEN THE CITY OF PUEBLO, A COLORADO MUNICIPAL CORPORATION AND THE GREATER PUEBLO CHAMBER OF COMMERCE, A COLORADO NON-PROFIT CORPORATION BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Contract for Services between the City of Pueblo, a Colorado Municipal Corporation and the Greater Pueblo Chamber of Commerce, a Colorado Non-Profit Corporation, dated March 9, 2020, a copy of which is attached hereto, having been approved as to form by the City Attorney, is hereby approved. The Mayor is authorized to execute and deliver said Contract for Services in the name of the City and the City Clerk is directed to affix the seal of the City thereto and attest same. SECTION 2. The officers and staff of the City are authorized and directed to perform any and all acts consistent with this Ordinance and the attached Contract for Services which are necessary or desirable to implement the transactions described therein. SECTION 3. This Ordinance shall become effective on the date of final action by the Mayor and City Council. Action by City Council: Introduced and initial adoption of Ordinance by City Council on February 24, 2020. Final adoption of Ordinance by City Council on March 9, 2020 . President of City Council Action by the Mayor: ☒ Approved on March 12, 2020 . ☐ Disapproved on based on the following objections: Mayor Action by City Council After Disapproval by the Mayor: ☐ Council did not act to override the Mayor's veto. ☐ Ordinance re-adopted on a vote of , on ☐ Council action on __________________failed to override the Mayor’s veto. President of City Council ATTEST City Clerk City Clerk’s Office Item # R-9 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: February 24, 2020 TO: President Dennis E. Flores and Members of City Council CC: Mayor Nicholas A. Gradisar VIA: Brenda Armijo, City Clerk FROM: Daniel C. Kogovsek, City Attorney SUBJECT: AN ORDINANCE APPROVING A CONTRACT FOR SERVICES BETWEEN THE CITY OF PUEBLO, A COLORADO MUNICIPAL CORPORATION AND THE GREATER PUEBLO CHAMBER OF COMMERCE, A COLORADO NON-PROFIT CORPORATION SUMMARY: Attached is an Ordinance which approves and authorizes the Mayor to sign a contract for services between the City of Pueblo and the Greater Pueblo Chamber of Commerce (“Chamber”). PREVIOUS COUNCIL ACTION: For many years, the Chamber has provided convention and visitor promotional services on behalf of the City. The City has compensated the Chamber for such services for the past thirty-eight (38) years. BACKGROUND: The Chamber has historically worked to create an awareness of Pueblo and the surrounding area as a sought-after destination for tourism and conventions. The attached contract for services requires the Chamber to continue its efforts to promote Pueblo by performing the following tasks:  Maintain collaboration with the City regarding the content and management of the Choose Pueblo website  Maintain and update a Pueblo Visitor’s Guide using both print and electronic media  Continue the Destination Pueblo campaign as advised by the Tourism Advisory Committee  Continue the City’s social media presence using all major platforms including Facebook and Instagram  Market Pueblo at least two (2) industry trade shows or conferences each year  Collaborate with the Pueblo Convention Center and the Pueblo Lodging Association to collect industry data for Pueblo for purposes of comparison to similar cities  Gather statistics on visitors and events to evaluate the economic impact of tourism and conventions for the City  Generate and track convention bureau sales leads and activities for business and leisure events to recruit visitors to the City  Collect required data in connection with the Regional Tourism Act Grant as required by the Colorado Office of Economic Development and International Trade  Maintain a downtown storefront office to serve as the official Visit Pueblo Welcome Center FINANCIAL IMPLICATIONS: The attached contract for services provides that the Chamber will be paid annual compensation as set forth in the City’s annual budget as proposed by the Mayor and approved by City Council. The City’s 2020 budget provides for the payment of $700,000 to the Chamber for its marketing services. BOARD/COMMISSION RECOMMENDATION: Not applicable to this Ordinance. STAKEHOLDER PROCESS: Not applicable to this Ordinance. ALTERNATIVES: If this Ordinance is not approved, the Chamber will cease its marketing efforts on behalf of the City. RECOMMENDATION: Approve the Ordinance. Attachments: Proposed Ordinance and proposed Contract for Services CONTRACT FOR SERVICES THIS CONTRACT ("Contract") is made and entered into this 9th day of March, 2020 by and between the City of Pueblo, a Colorado municipal corporation ("City") and The Greater Pueblo Chamber of Commerce, a Colorado nonprofit corporation "Contractor." WITNESSETH: RECITALS WHEREAS, for many years, Contractor has been providing Convention and Visitor's Bureau services for the City; and WHEREAS, the promotion of the City and the attraction of visitors and tourists to the City for conventions or otherwise are beneficial to the general economic welfare of the City. NOW, THEREFORE, in consideration of the foregoing and the mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, City and Contractor agree as follows: 1. RECITALS. The above recitals are true and correct and are incorporated herein. 2. TERM. The term of this Contract is from January 1, 2020 through December 31, 2020. This Contract will automatically renew (unless terminated sooner pursuant to Section 13 of the Contract) on a year-to-year basis subject to annual appropriation of funds. 3. DUTIES AND COMPENSATION. The Contractor agrees to provide all the services listed in Exhibit A, which is incorporated herein by this reference. Contractor further agrees to submit to the City, on or before July 1st of each year, a proposed annual budget and request for payment for services for the following fiscal year. The Parties agree that Contractor shall be paid annual compensation pursuant to this Contract as set forth in the City's annual budget as proposed by the Mayor and approved by City Council. Unless otherwise agreed to by the Parties, annual compensation paid to the Contractor shall be made in twelve (12) equal monthly installments. 4. REPORTING REQUIRMENTS. Contractor shall submit quarterly activity reports to the Mayor with copies provided for City Council. During the term of this Contract, Contractor further agrees to submit an Annual Report to the Mayor by February 15th of each year, commencing February 15, 2020. The Annual Report shall contain complete and accurate statements of services rendered during the preceding year. During the term of this Contract, Contractor shall also submit an annual independent audit by June 30th of each year, commencing June 30, 2021. 1 5. RELIABILITY OF REPORTS. Contractor represents that all information Contractor has provided or will provide to the City is true and correct, and that the City can rely on such information in modifying, making payments, or taking any other action concerning this Contract. Any false or misleading material information or omission provided or caused by Contractor is just cause for the City to terminate this Contract and pursue any other available remedies against the Contractor. 6. AUDIT. The City reserves the right to conduct an audit of all records related to this Contract should the City have concerns about the Contractor's performance of the services listed in Exhibit A. 7. STATUS OF CONTRACTOR. The Contractor shall perform all services under this Contract as an independent Contractor and not as an agent or employee of the City. It is mutually agreed and understood that nothing contained in this Contract is intended or shall be construed as in any way establishing the relationship of co-partners or joint ventures between the parties hereto. The Contractor shall remain an independent and separate entity governed by the Board of Directors of the Contractor. Contractor acknowledges that its employees are not entitled to City workers' compensation benefits or other benefits provided to City employees. Contractor further acknowledges that it is obligated to pay applicable federal and state income tax on money earned pursuant to this Contract. 8. PERSONNEL. Contractor shall provide competent personnel with expertise in the delivery of the scheduled services to achieve and maintain a highly professional and competent level of service. 9. INSURANCE. Contractor shall provide during the term of this Contract a commercial general liability policy with limits no less than $1,000,000 per occurrence and in an annual aggregate and a workers' compensation insurance policy covering Contractor's employees and complying with state law. Any variance to these insurance provisions must be approved in writing by the Mayor. Contractor shall not cancel, materially change, or fail to renew insurance coverages required by this Contract. Contractor shall notify the Mayor of any material reduction or exhaustion of aggregate limits. In the event any policy is canceled or has a material reduction of aggregate limits, Contractor shall immediately procure other insurance sufficient to maintain the insurance requirements of this Contract. If any required insurance policy lapses or is canceled during the term of this Contract and if the Contractor fails to immediately procure replacement insurance as specified, the City may deem such failure to be a material breach of this Contract. 10. CERTIFICATE OF INSURANCE. As evidence of the insurance coverages required by this Contract, upon execution of this Contract, Contractor shall furnish a certificate of insurance to: City of Pueblo Attn: Mayor 2 1 City Hall Place, 2nd Floor Pueblo, CO 81003 The liability certificate will name the City, its officers, agents and employees as Additional Insureds and must require 30 days' notice to the Additional Insureds before non-renewal or cancellation. Insurance coverages required under this Contract shall be obtained from insurance companies authorized to do business in the State of Colorado. All such insurance policies shall contain a waiver of subrogation of claims against the City and its employees and agents. 12. INDEMNITY. The Contractor shall fully indemnify and hold the City harmless from all claims, actions, suits, liability, losses, costs, expenses, and/or damages of any kind whatsoever, which may occur to or be suffered by any person (including, but not limited to the Contractor, its agents, employees, subcontractors, tenants, invitees, licensees, successors or assigns) arising out of or in connection with its use and occupation of any City facilities and/or any activities undertaken pursuant this Contract. Upon commencement of any such suit or action against the City, the Contractor shall defend the same at its own cost and expense. If a judgement shall be rendered against the City in such an action or suit, Contractor shall fully satisfy the judgment within ninety (90) days after the same has been conclusively determined. 13. TERMINATION. This Contract may be terminated at the sole discretion of the City, upon thirty (30) days written notice from the City to the Contractor, for any violation by the Contractor of any of the terms and conditions of this Contract, including the reduction or discontinuance of the services listed in Exhibit A. 14. LITIGATION. In the event of any litigation arising under this Contract, the court shall award to the prevailing party its costs and reasonable attorney fees. Exclusive venue for any such litigation shall be Pueblo County, Colorado. All such litigation shall be filed in the District Court, County of Pueblo, State of Colorado and each party submits to the personal and subject matter jurisdiction of such District Court. To the extent allowed by law, each party hereby waives its right to a jury trial. 15. FINANCIAL OBLIGATIONS OF CITY. All financial obligations of the City under this Contract are contingent upon appropriation, budgeting, and availability of specific funds to discharge such obligations. Nothing in this Contract shall be deemed a pledge of the City's credit or a payment guarantee by the City to the Contractor. 16. COMPLIANCE WITH ORDINANCES AND REGULATIONS. The Contractor shall perform all obligations under this Contract in strict compliance with all federal, state, and local laws, rules statues, charter provisions, ordinances, and regulations applicable to the performance of the Contractor's services under this Contract, and specifically, shall not discriminate against any person on the basis of age, ancestry, 3 color, creed, sex, race, religion, national origin, disability, sexual orientation, gender status, or as otherwise prohibited by law. 17. ENTIRE CONTRACT. This Contract expresses the entire understanding of the Parties and supersedes and abrogates any and all prior dealings and commitments, whether oral or written, with respect to the subject matter of this Contract and may not be amended or modified except in writing signed by City and Contractor. Any waiver of any provision of this Contract must be in writing and signed by the party whose rights are being waived. No waiver of any breach of any provision of this Contract shall be or be deemed to be a waiver of any preceding or subsequent breach of the same or any other provision of this Contract. The failure of either party to enforce or seek enforcement of the terms of this Contract following any breach shall not be construed as a waiver of such breach. 18. GOVERNING LAW. This Contract shall be construed in accordance with and be governed by the laws of the State of Colorado without regard to conflict of law principles. 19. TIME. Time is of the essence hereof. 20. AUTHORITY. The persons signing this Contract in the name of and on behalf of Contractor represent and warrant that they and Contractor have the requisite power and authority to enter into, execute, and deliver this Contract, and that this Contract is a valid legally binding obligation of Contractor enforceable in accordance with its terms. 21. SEVERABILITY. If any provision of this Contract is declared by a court of competent jurisdiction to be invalid or unenforceable, such determination shall not affect the other provisions of this Contract which shall remain in full force and effect. 22. INTERPRETATION. Each party acknowledges that this Contract was fully negotiated by the parties and, therefore, no provision of this Contract shall be interpreted against any party because such party or its legal representative drafted such provision. 23. HEADINGS FOR CONVENIENCE. All heading, captions and titles are for convenience and reference only, and shall have no meaning in the interpretation of effect of this Contract. 24. NO THIRD-PARTY BENEFICIARIES. The provisions of this Contract are for the exclusive benefit of the parties hereto and their successors and permitted assigns, and no third party shall be a beneficiary, or have any rights by virtue of this Contract. 25. COUNTERPARTS. This Contract may be executed in any number of counterparts, and each such counterpart shall be deemed for all purposes to be an original, and all such counterparts shall together constitute but one and the same original. 4 26. STATE-IMPOSED MANDATES PROHIBITING ILLEGAL ALIENS FROM PER- FORMING WORK. (A) At or prior to the time for execution of this Contract, Contractor shall submit to the City its certification that it does not knowingly employ or contract with an illegal alien who will perform work under this Contract and that the Contractor 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, that is administered by the United States Department of Homeland Security or the "Department Program" established pursuant to §8-17.5-102(5)(c) C.R.S. that is administered by the Colorado Department of Labor and Employment in order to confirm the employment eligibility of all employees who are newly hired for employment to perform work under this Contract. (B) Contractor shall not: (i) Knowingly employ or contract with an illegal alien to perform work under this Contract; (ii) Enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract. (C) The following state-imposed requirements apply to this Contract: (i) The Contractor shall have confirmed the employment eligibility of all employees who are newly hired for employment to perform work under this Contract through participation in either the E-Verify Program or Department Program. (ii) The Contractor is prohibited from using either the E-Verify Program or Department Program procedures to undertake pre-employment screening of job applicants while this Contract is being performed. (iii) If the Contractor obtains actual knowledge that a subcontractor performing work under this Contract knowingly employs or contracts with an illegal alien, the Contractor shall be required to: (a) Notify the subcontractor and the City within three (3) days that the Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and (b) Terminate the subcontract with the subcontractor if within three (3) days of receiving the notice required pursuant to subparagraph (C)(iii)(a) above the subcontractor does not stop employing or contracting with the illegal alien; except that the Contractor shall not terminate the contract with the subcontractor if, during such three (3) days, the 5 subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. (iv) The Contractor is required to comply with any reasonable request by the Colorado Department of Labor and Employment (hereinafter referred to as "CDLE") made in the course of an investigation that CDLE is undertaking pursuant to its authority under §8-17.5-102(5), C.R.S. (D) Violation of this Section 29 by the Contractor shall constitute a breach of contract and grounds for termination. In the event of such termination, the Contractor shall be liable for City's actual and consequential damages. (E) As used in this Section 26, the terms "subcontractor" shall mean any subcontractor of Contractor rendering services within the scope of this Contract. Executed at Pueblo, Colorado, the day and year first above written. Pueblo, a Municipal Corporation [ SEAL ] Atte : kOtLXIQ By: '764affeato City Clerk Nicholas A. Gra Isar Mayor Greater Pueblo Chamber of Commerce, • a Colorado Nonprofit Corporation By: / Rod SI • President State of Colorado ) ) ss. County of Pueblo ) The foregoing instrument was acknowledged before me by Rod Slyhoff as Presi nt of the Greater eblo C��-j�tuber of Commerce on behalf of the Corporation, this day of C/ 1 , 2020. Witness my hand and official seal. WJ TERRI E. KALLISH Notary Public " f"Z°L 1 Notary Public My commission expires: { State of Colorado Notary ID#20094006794 My Commission Ex•ires 02-24-2021 6 Exhibit A: SCOPE OF SERVICES Event Sales & Servicing a. Work to create awareness regarding Pueblo and surrounding areas as a sought-after destination for leisure and group travelers through positive earned media, creative advertising campaigns, innovative traditional advertising programs, comprehensive digital and social media campaigns and community partnerships while maintaining brand integrity. b. Promote and nurture local and regional partnerships to attract events that drive tourism and economic impact to the Pueblo community. c. Actively initiate, collaborate and assist in the marketing & recruitment of conventions, events,meetings,etc.,with the management of the Pueblo Convention Center, Pueblo Lodging Association and other community partners. Marketing a. Collaborate with the City and other identified community partners on public relations strategies. i. Maintain collaboration with the city on the Choose Pueblo website content and management. ii. Maintain continual Media& Public Relations best practices. b. Develop and maintain a comprehensive website for purpose of Tourism promotion. c. Maintain and distribute a Pueblo Visitors Guide. d. Maintain a Tourism Advisory Committee, currently established as Destination Pueblo, to help determine strategic planning and objectives and identify collaborative marketing opportunities. e. Maintain a prominent social media presence on all major platforms including Facebook and lnstagram. f. Engage in marketing efforts to increase education and visitation to Pueblo Community attractions and the region. g. Attend at Least Two Industry Trade Shows or Conferences per year. Data collection and analysis a. Collect industry data for Pueblo and similar competitive cities for comparison and evaluation of effectiveness. 7 b. Work to educate community partners (Lodging, Destination Pueblo) on the importance of gathering statistics on visitors and events in order to evaluate their economic impact. Provide ideas and tools on tracking and reporting. c. Generate and track CVB sales leads and activity for business and leisure events developed through CVB efforts. d. Collect and track available data from visitor center guests to utilize within ongoing marketing strategies. e. Collect required data in relation to the Regional Tourism Act (RTA) Grant as required by the Colorado Office of Economic Development. Tourism Grant Program a. Establish and oversee an annual budget that will be allocated specifically towards a fair and equitable grant program for tourism related entities and events. b. Provide an annual performance report based on established and agreed upon measures within the grant application. Operations a. Maintain downtown storefront offices for the official Visit Pueblo Welcome Center and the related staff and services. b. Provide training for staff, volunteers and frontline hospitality employees. Maintain the Following Strategic Industry Memberships: a. Colorado Tourism Office b. Colorado Hotel and Lodging Association c. CO Association of Destination Management Organizations d. Tourism Industry Association Council e. Destination Colorado 8