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HomeMy WebLinkAboutRFP - 7059 HOTEL MARKET CONSULTING SERVICESFinancial Services Purchasing Division 215 N. Mason St. 2"d Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 fcgov.com/Purchasing REQUEST FOR PROPOSAL 7059 Hotel Market Consulting Services The Fort Collins Downtown Development Authority (DDA) and the City of Fort Collins are requesting proposals from experienced firms to provide hotel/hospitality consulting services for the Fort Collins market. Written proposals, four (4) will be received at the City of Fort Collins' Purchasing Division, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80524. Proposals will be received before 3:00 p.m. (our clock), September 9, 2009. Proposal No. 7059. If delivered, they are to be sent to 215 North Mason Street, 2"d Floor, Fort Collins, Colorado 80524. If mailed, the address is P.O. Box 580, Fort Collins, 80522-0580. Email questions concerning the scope of the project to Project Manager Matt Robenalt, Executive Director, Downtown Development Authority, (970) 419-4381, mrobenalt@fcgov.com. Questions regarding RFP submittal or process should be directed to John D. Stephen, CPPO, LEED AP, Senior Buyer, (970)221-6777, jstephen@fcgov.com. A pre -proposal meeting will be held August,26, 2009 at 2:00 pm at 215 Mason Street, Community Room. A copy of the Proposal may be obtained as follows: 1. Download the Proposal/Bid from the BuySpeed Webpage, www.fcqov.com/eprocurement 2. Come by Purchasing at 215 North Mason St., 2d floor, Fort Collins, and request a copy of the Bid. 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. Information considered proprietary is limited to material treated as confidential in the normal conduct of business, trade secrets, discount information, and individual product or service pricing. Summary price information may not be designated as proprietary as such information may be carried forward into other public documents. All provisions of any contract resulting from this request for proposal will be public information. 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. 2/9/00 5. Compensation. In consideration of the services to be performed pursuant to this Agreement, the DDA agrees to pay Professional on a time and reimbursable direct cost basis according to the following schedule: with maximum compensation (for both Professional's time and reimbursable direct costs) not to exceed according to Exhibit consisting pages and incorporated herein by this reference. Monthly partial payments based upon the Professional's billings and itemized statements of reimbursable direct costs are permissible. The 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 reimbursable direct costs. 6. 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. 7. Project Drawings. Upon conclusion of the project and before final payment, the Professional shall provide to both the City and the DDA reproducible drawings of the project containing accurate information on the project as constructed. Drawings shall be of archival, prepared on stable Mylar base material using a non -fading process to provide for long storage and high quality reproduction. A compact disc of the as -built drawings shall also be submitted to the City and the DDA in an AutoCAD version no older than the established city standard. 8. Monthly Report. Commencing thirty (30) days after the date of execution of this Agreement, and continuing every thirty (30) days thereafter for the term hereof, Professional shall provide to the City Representative 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. Quality and Accuracy of Services. 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. 10. Independent Contractor. The services the Professional will be performing hereunder are those of an independent contractor, and not of an agent or employee of the City or the DDA, nor shall the Professional's employees, agents or subcontractors be considered employees or agents of the City or the DDA. Neither the City nor the DDA shall be responsible for withholding any portion of the Professional's compensation hereunder for the payment of FICA, Workers' Compensation, other taxes or benefits or for any other purpose. 11. License and Business Requirements. The Professional shall hold, in the Professional's name, all licenses necessary to perform the Scope of Services, and shall have full authority to do such business in the State of Colorado. The Professional shall at all times during the term hereof have a designated place of business for making and accepting communications with or from the DDA. 2/9/00 12. Insurance Requirements. The Professional shall provide and maintain during the term hereof, at its own expense, and from insurance companies acceptable to the City, the insurance coverage designated hereinafter, and shall require the same of all subcontractors providing services in connection with this Agreement: A. Employee Insurance. The Professional shall provide for all of its employees engaged in work performed under this Agreement: Workers' Compensation. In accordance with the laws of the State of Colorado. ii. Employer's Liability Insurance. In an amount not less than One Hundred Thousand Dollars ($100,000.00) per occurrence, Five Hundred Thousand Dollars ($500,000.00) aggregate, for each employee. B. Liability Insurance. The Professional shall provide the following liability insurance coverage: i. Commercial General Liability and Automobile Liability Insurance. Commercial general liability and commercial automobile liability insurance as will provide coverage for claims for damages for personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from performance of work under this Agreement. Amount of coverage for commercial general liability shall be not less than One Million Dollars ($1,000,000.00) combined single limits, per occurrence, for bodily injury, death and property damage. Amount of coverage for commercial automobile liability shall be not less than One Million Dollars ($1,000,000.00) combined single limits, per accident, for bodily injury, death and property damage, and coverage shall extend to any vehicle (including owned, hired and non -owned vehicles) used by the Professional, or with the consent of the Professional, in connection with the performance of the Scope of Services. The City and the DDA shall be named on such policy or polices as additional insureds with primary coverage. Such policy or policies shall contain a standard cross -liability endorsement, and shall also contain substantially the following statement: The insurance covered by this Certificate shall not be canceled or materially altered, without ten (10) days' prior written notice to the City of Fort Collins, Colorado." ii. Professional Liability Insurance. Professional liability insurance covering errors and omissions of the Professional. Amount of coverage shall be not less than One Million Dollars ($1,000,000.00). iii. Certificates of Insurance. Prior to commencing work hereunder, the Professional shall furnish the City with certificates of insurance for all liability insurance required herein, which show the type, amount, class of operations covered, effective dates and date of expiration of policies. C. Subcontractor Liability. In the event that any work performed hereunder is performed by a subcontractor, the Professional shall be responsible for any and 2/9/00 all liability resulting from, arising out of or in any way connected to the work performed under this Agreement by the subcontractor, which liability is not covered by such subcontractor's insurance. D. Breach of Insurance Requirements. In the event the Professional breaches any provision of this Section 12, the City, at its option, and in its sole discretion, may take out and maintain throughout the term hereof any insurance policy or policies necessary to meet the insurance requirements contained herein, and the cost of such policy or policies shall be deducted from payments due, or which may become due, to the Professional. 13. Modification of Agreement. No subsequent modification of any term or provision of this Agreement shall be valid, binding upon the parties or enforceable unless made in writing and signed by the parties hereto. 14. No Assignment. The parties hereto acknowledge that the City and the DDA enter into this Agreement based upon the unique qualifications and special abilities of the Professional and that this Agreement shall be considered an agreement for personal services. Accordingly, the Professional shall not have the right, power or authority to assign any responsibilities nor delegate any duties arising hereunder to any other individual or entity without the prior written consent of the City and the DDA. 15. Default. Each and every term and provision contained herein shall be deemed to be a material element of this Agreement. In the event either party hereto should fail or refuse to perform in. accordance with any term or provision of this Agreement, such party may be declared in default. 16. 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 uncured after the ten (10) day period, the party declaring default may elect to: (a) terminate this Agreement and seek damages; or (b) avail itself of any other remedy at law or equity. 17. Acceptance Not Waiver. Approval by the City or the DDA of drawings, designs, plans, specifications, reports and incidental work or materials furnished hereunder shall in any way relieve the Professional of responsibility for the quality or technical accuracy of the work. Neither the City's nor the DDA's approval or acceptance of, or payment for, any of the services shall be construed to operate as a waiver of any rights or benefits provided hereunder. 18. Limitation on Waiver of Breach. The failure of either party hereto to insist, in any one instance or more, upon the performance of any of the duties, obligations, covenants or , conditions of this Agreement, or to exercise any right or privilege herein conferred, shall not be construed as thereafter waiving any such duties, obligations, covenants, conditions, rights or privileges, but the same shall continue and remain in full force and effect. 19. Indemnification. The Professional shall indemnify, hold harmless and defend, at the Professional's expense, the City and the DDA, their officers, directors, members, employees and agents from and against any loss, cost, expense or damage, including, but not limited to, the City's and the DDA's attorneys' fees, court costs, other legal expenses and judgments, and against all liability whatsoever claimed by third parties against the DDA or the City, resulting from, arising out of or in any way connected with the Professional's performance of the Scope of 2/9/00 Services; except where such loss, costs, expense, damage or liability is the result of the gross negligence of the City or the DDA. In any and all claims against the City or the DDA, or any of their officers, members, directors, agents or employees, by any employee or agent of the Professional, or of any the Professional's subcontractors, the indemnification obligation under this Section 19 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Professional or any subcontractor under workers' compensation laws, disability benefit laws or other employee benefit laws provided by local, state or federal law. 20. Notification of Claim. The City and/or the DDA shall notify the Professional within a reasonable time after receiving notice of any claim for which the indemnity provision contained herein would apply. So long as the Professional promptly and vigorously defends a claim, the Professional shall have control over the defense and settlement of any such claim; provided, however, that the Professional must obtain a complete discharge of all City and/or DDA liability through any such settlement. In the event that the Professional fails to promptly and vigorously pursue the defense and/or settlement of such claim, the DDA and/or the City may, at their option, and in their sole discretion, assume the defense and settlement thereof, and the Professional shall be liable for all costs and expenses incurred by the City and/or the DDA in the pursuit thereof. The City and/or the DDA shall furnish, at the Professional's reasonable request and expense, information and assistance necessary for such defense. 21. Notice. Any notice required or desired to be given by any party to this Agreement shall be in writing and may be personally delivered; sent by certified mail, return receipt requested; or sent by a nationally recognized receipted overnight delivery service, including the United States Postal Service, United Parcel Service, Federal Express, or Airborne Express, for earliest delivery the next day. Any such notice shall be deemed to have been given and received as follows: when personally delivered to the party to whom it is addressed; when mailed, three delivery (3) days after deposit with the United States Postal Service, postage prepaid; and when by overnight delivery service, one (1) day after deposit in the custody of the delivery service. The addresses for the mailing or delivering of notices shall be as follows: If to the Professional: If to the City: City of Fort Collins, Purchasing and Risk Management ATTN: James O'Neill Il, Director PO Box 580 Fort Collins, CO 80522 If to the DDA: The Fort Collins, Colorado Downtown Development Authority ATTN: Matt Robenalt, Executive Director 19 Old Town Square, Suite 230 Fort Collins, CO 80524 With a copy to: Liley, Rogers & Martell, LLC ATTN: Lucia A. Liley, Esq. 300 S. Howes Street Fort Collins, CO 80521 2/9/00 Notice of a change of address of a party shall be given in the same manner as all other notices as hereinabove provided. 22. Subject to Annual Appropriation. Any financial obligations of the DDA arising under this Agreement which are payable after the current fiscal year are contingent upon funds for that purpose being annually appropriated, budgeted and otherwise made available by the City Council of the City, in its discretion, and/or the Board of the DDA, in its discretion, as applicable. 23. Successor Entity to the DDA. In the event that the legal existence of the DDA terminates during the term of this Agreement, it is expressly acknowledged by the parties hereto that the City is designated the DDA's successor entity, and all rights and obligations of the DDA set forth herein shall thereupon become the rights and obligations of the City. 24. Governing Law/Venue/Severability. The laws of the State of Colorado shall govern the execution, construction, interpretation and enforcement of this Agreement. Should either party hereto institute legal suit or action resulting from, arising out of or in any way connected with, this Agreement, it is agreed that venue for such suit or action shall be proper and exclusive in the District Court of Larimer County, Colorado. If any term or provision contained herein is held to be illegal, invalid or unenforceable under local, state or federal law, such term or provision shall be fully severable. This Agreement shall be construed and enforced as if such illegal, invalid or unenforceable term or provision had never comprised a part hereof and the remaining terms and provisions contained herein shall remain in full force and effect and shall not be affected by the illegal, invalid or unenforceable provision or term or by its severance herefrom. 25. Attorney Fees. In the event that any litigation is commenced by either party hereto against the other party, which litigation results from arises out of or is in any way related to this Agreement, the court shall award to the substantially prevailing party all reasonable costs and expenses, including attorneys' fees and other legal expenses. 26. Prohibition Against Employing Illegal Aliens. Pursuant to Colorado Revised Statutes ("C.R.S.") § 8-17.5-101 et seq., the Professional represents and agrees that: A. As of the date of execution of this Agreement: i. The Professional does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and ii. The Professional 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, an employment verification program established pursuant to C.R.S. § 8-17.5-102(5)(c) C.R.S. ,and administered by the Colorado Department of Labor and Employment, Division of Labor, in order to confirm the employment eligibility of all newly hired employees to perform work under this Agreement. B. The Professional shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a 2/9/00 subcontractor who knowingly employs or contracts with an illegal alien to perform work under this Agreement. C. The Professional shall not use the e-Verify Program or Department Program procedures to undertake pre -employment screening of job applicants during the term hereof. D. If the Professional obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, the Professional shall: Notify such subcontractor and the DDA within three days that The Professional has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and ii. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this Section 38 the subcontractor does not cease employing or contracting with the illegal alien; except that the Professional 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. The Professional shall comply with any reasonable request by the Colorado Department of Labor and Employment (hereinafter the "Department") made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in C.R.S. § 8-17.5-102 (5). F. If the Professional violates any provision of this Agreement pertaining to the duties imposed by C.R.S § 8-17.5-102 the DDA shall have .the right to terminate this Agreement. If this Agreement is so terminated, the Professional shall be liable for actual and consequential damages to the DDA arising out of the Professional's violation of C.R.S. § 8-17.5-102. G. The DDA will notify the Office of the Secretary of State if the Professional violates this provision of this Agreement and the DDA terminates the Agreement for such breach. 27. Integration/Survival. This contract, which includes this Agreement together with any exhibits incorporated herein by reference, represents the entire and integrated agreement between the parties hereto and supersedes all prior negotiations, representations or agreements, whether written or oral. All conditions, rights, privileges, duties, covenants, warranties and obligations contained herein shall be binding upon, inure to the benefit of, and be enforceable by, the parties hereto, and their respective survivors, heirs, personal representatives, successors and assigns, and shall remain in full force and effect and shall survive, to the maximum extent allowable by law, the termination or expiration of this Agreement. 28. Local, State and Federal Law. The meaning of "local, state or federal law," shall include any and all relevant acts, statutes, ordinances, rules, regulations, common law doctrines 2/9/00 and judicial precedents, which are now in force or which may hereafter be articulated, rendered, adopted, enacted, amended or promulgated. 29. Headings. Headings contained herein are for organizational purposes only and shall not affect the interpretation of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. 2/9/00 , ATTEST: 0 Bill Sears, Secretary ATTEST: By: Corporate Secretary 2/9/00 THE FORT COLLINS DOWNTOWN DEVELOPMENT AUTHORITY, a body corporate and politic M Patty Spencer, Chairperson CITY OF FORT COLLINS, COLORADO, a municipal corporation James B. O'Neill ll, CPPO, FNIGP Director of Purchasing & Risk Management Date: PROFESSIONAL By: Title: Date: (Corporate Seal) Collusive or sham proposals: Any proposal deemed to be collusive or a sham proposal will be rejected and reported to authorities as such. Your authorized signature of this proposal assures that such proposal is genuine and is not a collusive or sham proposal. The City of Fort Collins reserves the right to reject any and all proposals and to waive any irregularities or informalities. Sincerely, James B. O'Neill II, CPPO, FNIGP Director of Purchasing & Risk Management where renewal is a way of life A. OBJECTIVE The DDA and City of Fort Collins seek services from a qualified consultant to assist in defining and implementing a process to create a public -private partnership with a hotel development, operator, and ownership team resulting in establishment of a full service hotel and meeting facility in the DDA district. B.BACKGROUND The DDA was created in 1981 with the purpose, according to State statute, of planning and implementing projects and programs within the boundaries of the DDA. The DDA and City adopted a Plan of Development that specifies the projects and programs the DDA would undertake. Subsequent to that Plan, the City has adopted the Downtown Plan and the Downtown Strategic Plan. All three documents cite the need for and the pursuit of a downtown hotel and meeting space. The DDA and City have been involved, on several occasions since the early 1980s, in efforts to attract a full -service hotel and meeting facility and these efforts ended without success. The most recent effort to strike a public -private partnership was with Corporex of Colorado in 2008. The Corporex hotel project had successfully achieved approvals in the local entitlement process, and the terms of a partnership finance agreement was established between the developer, DDA, and City. The project was well on its way to a successful end when the national finance crisis struck. When it became clear the project was not likely to proceed due to the decline in national economic conditions, the DDA, City and Corporex amicably severed the partnership. Since separating from the partnership, the DDA and City have opened discussions again with local land -sellers, hotel owners, and development firms. A series of informational interviews conducted in June 2009 with local teams brought an understanding to DDA and City staff that engaging expert advisors from the hotel and hospitality industry would be critical for realizing the successful attraction of a Downtown hotel. Changing local and national conditions including but not limited to: 1) multiple downtown development sites available; 2) a hotel/hospitality industry in flux due to national economic conditions; and 3) challenging conditions related to project financing, have motivated the DDA and City to seek services from qualified consultants with a track record for advising local government and public redevelopment agencies on hotel/hospitality related issues. This Request for Qualifications does not stipulate a specific set of deliverables. Instead, the project will focus on outcomes. A scope of work will be negotiated with the collaboration of the selected Consultant to develop a realistic set of deliverables based on a set of desired outcomes: A framework and process to identify and attract a viable hotel and meeting facility partnership for Dowtown Fort Collins that includes, but may not necessarily limited to: • Formulate a hotel brand profile that reinforces the brand of the Downtown and broader Fort Collins community. 2/9/00 • Develop statement of public participation (Participation sources may include but are not limited to tax increment financing, parking fee revenues, sale of development air - rights). • Create pre -qualification criteria for development teams (Qualified teams should consist of land development professionals, hotel operator, and a long term hotel owner. Demonstration of team's ability to obtain construction loan and long term financing) • Identify qualified development teams and or team members that have not yet notified or expressed an interest to work the DDA and City. • Provide assistance with screening and selecting a development team with which the DDA and City will partner. • Project Validation (Review and validate construction costs, revenue and occupancy assumptions, hotel configuration, meeting space, parking, etc. for a proposed hotel project) • Financial Analysis (validation of equity and debt assumptions, return expectations, tax increment generation, etc. for a proposed hotel project) • Provide advisement during negotiations D. AREAS OF EXPERTISE The Consultant needs to possess expertise in providing clear, concise advice to local government and/or public redevelopment agencies related to development of hotel and meeting facilities in an urban/infill development environment using various methods of public -private financing. E. PUBLIC INVOLVEMENT The Consultant shall be available to conduct and/or participate with DDA and City staff in a series of public meetings to engage and educate the citizens of Fort Collins regarding the challenges and opportunities provided by development of a full service Downtown hotel and meeting facility. The Consultant should plan to attend presentation meetings for the DDA Board of Directors and City Council through the term of the contract. F. FORM OF SUBMISSION All submissions shall include the following items: Consultant Background — A brief history and background of the Consultant(s). Project Approach — A brief description of the Consultants approach to delivering the outcomes described in this RFP. Relevant Experience — At least three examples of similar work (per team member) conducted for either public clients ideally within the last five years, each should include a description, list of deliverables, outcomes, and references. Project Team Roles and Responsibilities — A matrix, chart, or table describing the roles and responsibilities of each key team member; please tie this to the areas of expertise identified above. 2/9/00 Resumes of Key Personnel — A resume of the key personnel anticipated to work on the project. Additional Material — Provide any additional material, which differentiates the Consultant from potential competition. (Please limit additional material in recognition of staff time). G. Fees These services will be awarded based on a Not -to -Exceed Time and Reimbursable Direct Cost Basis Agreement. Upon the selection of the Consultant, the final fee will be negotiated with input from the Consultant based upon the negotiated scope of services stipulated in the contract. The DDA has budgeted approximately $125,000 to complete the project through 2010. Please provide an allocation of the proposed budget by area of expertise. This will allow the selection committee to evaluate each team's relative level of effort by team member and approach. The City expects that this preliminary budget will change as negotiations proceed. H. GENERAL TERMS AND CONDITIONS DDA and the City reserve the right to have more than one interview with the top three (3) proposers. 2. No submittals or modifications to a submittal are permitted after the RFP due date. I. INSTRUCTIONS FOR PROPOSALS 1. Interested parties can follow the instructions to download, register and print the Request for Proposals from the City's website at https://secure3.fcgov.com/bso/ . The registration is an acknowledgement of the download and is necessary to receive any subsequent notification of all communications regarding this RFP. An informal pre -proposal conference will be held on August 26, 2009 at 2:00 P.M. at 215 Mason, Community Room, Fort Collins, CO. The pre -proposal conference is not mandatory but is an opportunity for all interested parties to ask questions about the process and the project. 3. To maintain the integrity of the selection process, neither the City nor the DDA will not respond to phone or fax inquiries, and prohibits prospective submitting Teams from contacting other City Staff or any member of the selection committee. All inquiries shall be made via email and all responses will be provided via email. To this end, it is critical that prospective submitting Teams provide a valid email address when downloading the RFP from the City's website. To be answered, any inquiries about the process or the project must be received at least (10) calendar days prior to the date established for the submittal of the Proposals to ensure consistency and accuracy in the exchange of information. Email to Matt Robenalt, Executive Director, Downtown Development Authority at mrobenalt(a-)fcgov.com. 4. Please provide individual hourly rates for team members. 5. Please provide your response of qualifications in order per Section C. 2/9/00 6. Awarded firm must sign the attached Professional Service Agreement and provide insurance per Exhibit B. J. SCHEDULE September 9, 2009 Week of September 23, 2009 Week of September 28, 2009 2/9/00 Proposals are due Interviews Notice to Proceed REVIEW AND ASSESSMENT Professional firms will be evaluated on the following criteria. These criteria will be the basis for review of the written proposals and interview session. The rating scale shall be from 1 to 5, with 1 being a poor rating, 3 being an average rating, and 5 being an outstanding rating. WEIGHTING FACTOR QUALIFICATION STANDARD Scope of Proposal Does the proposal show an understanding of the 2.0 project objective, methodology to be used and results that are desired from the project? Assigned Personnel Do the persons who will be working on the project have 2.0 the necessary skills? Are sufficient people of the requisite skills assigned to the project? Availability Can the work be completed in the necessary time? Can the target start and completion dates be met? Are 1.0 other qualified personnel available to assist in meeting the project schedule if required? Is,the project team available to attend meetings as required by the Scope of Work? 1.0 Motivation Is the firm interested and are they capable of doing the work in the required time frame? Cost and Do the proposed cost and work hours compare Work Hours favorably with the project Manager's estimate? Are the 2.0 work hours presented reasonable for the effort required in each project task or phase? Firm Capability Does the firm have the support capabilities the 2.0 assigned personnel require? Has the firm done previous projects of this type and scope? Reference evaluation (Top Ranked Firm) 2/9/00 The project Manager will check references using the following criteria. The evaluation rankings will be labeled Satisfactory/Unsatisfactory. STANDARD QUALIFICATION Overall Performance Would you hire this Professional again? Did they show the skills required by this project? Timetable Was the original Scope of Work completed within the specified time? Were interim deadlines met in a timely manner? Completeness Was the Professional responsive to client needs; did the Professional anticipate problems? Were problems solved quickly and effectively? Budget Was the original Scope of Work completed within the project budget? Job Knowledge a) If a study, did it meet the Scope of Work? b) If Professional administered a construction contract, was the project functional upon completion and did it operate properly? Were problems corrected quickly and effectively? 2/9/00 PERSONAL 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 the "City"), the FORT COLLINS DOWNTOWN DEVELOPMENT AUTHORITY, a body corporate and politic (hereinafter the "DDA"), "Professional"). WITNESSETH: (hereinafter the WHEREAS, pursuant to C.R.S. 31-25-807 the DDA is empowered to make and enter into all contracts which are necessary or incidental to the exercise of its powers and performance of its duties; WHEREAS, the services rendered by the Professional will advance the statutory mission of the DDA; and WHEREAS, the DDA will be compensating the Professional for providing those services described by Exhibit " " attached hereto, but desires that the City act as its agent with respect to the oversight of the services rendered by the Professional, subject to the controls set forth herein. NOW, THEREFORE, in consideration of the mutual covenants and obligations herein expressed, the receipt and adequacy of which are hereby acknowledged, 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 " " consisting of 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 consisting of page(s), and incorporated herein by this reference. 3. Contract Period. This Agreement shall commence on 20_, and shall continue in full force and effect until sooner terminated as hereinafter provided. 20_, unless 4. Early Termination by the DDA. Notwithstanding the time periods contained herein, the DDA has the right to 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. In the event of any such early termination by the DDA, 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. 2/9/00