HomeMy WebLinkAboutRFP - 7428 ON-CALL FINANCIAL SERVICESCity®f
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REQUEST FOR PROPOSAL
7428 ON -CALL FINANCIAL SERVICES
The City of Fort Collins is requesting proposals from qualified firms to provide
independent financial analyses for development projects seeking tax increment
financing (TIF) on an as -needed basis.
Proposals may be submitted by E-mail in Microsoft Word or PDF format. E-mail
submittals shall be e-mailed to: purchasing(&fcgov.com. If submitting hard copy
proposals, five (5) copies, 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), October 4, 2012 and referenced as
Proposal No. 7428. 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.
The City encourages all disadvantaged business enterprises to submit proposals in
response to all requests for proposals and will not be discriminated against on the
grounds of race, color, national origin for all proposals for negotiated agreements.
Questions concerning the scope of the project should be directed to Project Managers,
Megan Bolin, at (970) 221-6342 or mbolin(a)fcgov.com, and/or Josh Birks, at (970) 221-
6324 or jbirks@fcgov.com.
Questions regarding bid submittal or process should be directed to Jim O'Neill, CPPO, FNIGP
at (970) 221-6779 orjoneill@fcgov.com.
A copy of the Proposal may be obtained as follows:
1. Download the Proposal/Bid from the BuySpeed Webpage,
www.fcqov.com/eprocurement
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.
RFP 7428 Urban Renewal Authority On -Call Financial Services Page 1 of 16
be used as a guide. Written notice of renewal shall be provided to the Professional and mailed
no later than ninety (90) days prior to contract end.
5. Early Termination by City/Notice. Notwithstanding the time periods contained
herein, the City may terminate this Agreement at any time without cause by providing written
notice of termination to the Professional. Such notice shall be delivered at least fifteen (15)
days prior to the termination date contained in said notice unless otherwise agreed in writing by
the parties. All notices provided under this agreement shall be effective when mailed, postage
prepaid and sent to the following address:
Professional:
City:
With Copy to:
City of Fort Collins
City of Fort Collins
Attn:
Attn: Purchasing
PO Box 580
PO Box 580
Fort Collins, CO 80522
Fort Collins, CO 80522
In the event of any such early termination by the City, the Professional shall be paid for services
rendered prior to the date of termination subject only to the satisfactory performance of the
Professional's obligations under this Agreement. Such payment shall be the Professional's sole
right and remedy for such termination.
6. Design, Protect Insurance and Insurance Responsibility. The Professional shall
be responsible for the professional quality, technical accuracy, timely completion and the
coordination of all services rendered by the Professional, including but not limited to designs,
plans, reports, specifications, and drawings and shall, without additional compensation,
promptly remedy and correct any errors, omissions, or other deficiencies. The Professional
shall indemnify, save and hold harmless the City its officers and employees, in accordance with
Colorado law, from all damages whatsoever claimed by third parties against the City and for the
City's costs and reasonable attorney's fees arising directly or indirectly out of the Professional's
negligent performance of any of the services furnished under this Agreement. The Professional
shall maintain commercial general liability insurance in the amount of $500,000 combined single
limits and errors and omissions insurance in the amount of
RFP 7428 Urban Renewal Authority On -Call Financial Services Page 2 of 16
7. Compensation. In consideration of services to be performed pursuant to this
Agreement, the City agrees to pay Professional on a time and reimbursable direct cost basis
designated in Exhibit "B", consisting of ( ) page(s), attached hereto and
incorporated herein by this reference. At the election of the City, each Work Order may contain
a maximum fee, which shall be negotiated by the parties hereto for each such Work Order.
Monthly partial payments based upon the Professional's billings and itemized statements 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 to the Work Order
and upon approval of the Professional's direct reimbursable expenses. Final payment shall be
made following acceptance of the work by the City. Upon final payment, all designs, plans,
reports, specifications, drawings, and other services rendered by the Professional shall become
the sole property of the City.
8. 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.
9. Project Drawings. Upon conclusion of the project and before final payment, the
Professional shall provide the City with 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. "CD" disc of the as -built drawings shall also be submitted to the owner in and
AutoCAD version no older then the established city standard.
10. Monthly Report. Commencing thirty (30) days after Notice to Proceed is given on
any Work Order and every thirty days thereafter, Professional is required to provide the City
Representative with a written report of the status of the work with respect to the Work Order,
RFP 7428 Urban Renewal Authority On -Call Financial Services Page 3 of 16
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.
11. Independent Contractor. The services to be performed by Professional are those
of an independent contractor and not of an employee of the City of Fort Collins. The City shall
not be responsible for withholding any portion of Professional's compensation hereunder for the
payment of FICA, Workers' Compensation, other taxes or benefits or for any other purpose.
12. Personal Services. It is understood that the City enters into this Agreement
based on the special abilities of the Professional and that this Agreement shall be considered as
an agreement for personal services. Accordingly, the Professional shall neither assign any
responsibilities nor delegate any duties arising under this Agreement without the prior written
consent of the City.
13. Acceptance Not Waiver. The City's approval of drawings, designs, plans,
specifications, reports, and incidental work or materials furnished hereunder shall not in any way
relieve the Professional of responsibility for the quality or technical accuracy of the work. The
City's approval or acceptance of, or payment for, any of the services shall not be construed to
operate as a waiver of any rights or benefits provided to the City under this Agreement.
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.
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
RFP 7428 Urban Renewal Authority On -Call Financial Services Page 4 of 16
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, heirs,
personal representatives, successors and assigns of said parties.
17. 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.
18. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101,
C.R.S., et. seq., Professional represents and agrees that:
a. As of the date of this Agreement:
1. Professional does not knowingly employ or contract with an illegal alien
who will perform work under this Agreement; and
2. 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 (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. 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
subcontractor that knowingly employs or contracts with an illegal alien to perform work
under this Agreement.
C. Professional 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.
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d. If Professional obtains actual knowledge that a subcontractor performing work
under this Agreement knowingly employs or contracts with an illegal alien, Professional
shall:
1. Notify such subcontractor and the City within three days that Professional
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 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. Professional 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 Professional 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, Professional shall be liable for actual and consequential
damages to the City arising out of Professional's violation of Subsection 8-17.5-102,
C.R.S.
g. The City will notify the Office of the Secretary of State if Professional violates this
provision of this Agreement and the City terminates the Agreement for such breach.
19. Special Provisions. Special provisions or conditions relating to the services to
be performed pursuant to this Agreement are set forth in Exhibit "C", consisting of
) page(s), attached hereto and incorporated herein by this reference.
RFP 7428 Urban Renewal Authority On -Call Financial Services Page 6 of 16
THE CITY OF FORT COLLINS, COLORADO
James B. O'Neill II, CPPO, FNIGP
Director of Purchasing & Risk Management
Date:
ATTEST:
City Clerk
APPROVED AS TO FORM:
Assistant City Attorney
[Insert Professional's name] or
[Insert Partnership Name] or
[Insert individual's name] or
Doing business as [insert name of business]
At
Title:
CORPORATE PRESIDENT OR VICE PRESIDENT
Date:
ATTEST:
Corporate Secretary
(Corporate Seal)
RFP 7428 Urban Renewal Authority On -Call Financial Services Page 7 of 16
EXHIBIT "A"
WORK ORDER FORM
PURSUANT TO AN AGREEMENT BETWEEN
THE CITY OF FORT COLLINS
AND
DATED:
Work Order Number:
Purchase Order Number:
Project Title:
Commencement Date:
Completion Date:
Maximum Fee: (time and reimbursable direct costs):
Project Description:
Scope of Services:
User Acceptance
Professional agrees to perform the services
identified above and- on the attached forms in
accordance with the terms and conditions
contained herein and in the Professional Services
Agreement between the parties. In the event of a
conflict between or ambiguity in the terms of the
Professional Services Agreement and this work
order (including the attached forms) the
Professional Services Agreement shall control.
The attached forms consisting of _ (_) pages
are hereby accepted and incorporated herein, by
this reference, and Notice to Proceed is hereby
given.
Professional
By:
Date:
City of Fort Collins
By:
James B. O'Neill II, CPPO, FNIGP
Director of Purchasing and Risk Management
(over $60,000.00)
Date:
RFP 7428 Urban Renewal Authority On -Call Financial Services Page 8 of 16
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.
Sincerely,
James B. O'Neill II, CPPO, FNIGP
Director of Purchasing & Risk Management
RFP 7428 Urban Renewal Authority On -Call Financial Services Page 2 of 16
7428 ON -CALL FINANCIAL SERVICES
SCOPE OF SERVICES
BACKGROUND
The City of Fort Collins Economic Health Office (EHO) and Urban Renewal Authority
(URA) seek a qualified consultant to provide on -call analyses for projects requesting
business incentives and/or tax increment financing (TIF) assistance.
The Fort Collins URA was created to prevent and eliminate blighted conditions through
the use of TIF. Property owners looking to develop and/or redevelop within an
established TIF District can apply to the URA to receive reimbursements for eligible
improvements. Applications are evaluated on a case -by -case basis, taking into account
the public benefits provided by the project as well as the financial condition and need for
TIF assistance. The URA's policy states that assistance will only be considered for
projects that cannot proceed "but for" TIF. Additionally, the URA aims to ensure that
TIF is being used responsibly and does not unnecessarily enrich the project.
URA staff is committed to providing financial analysis services for smaller projects, but
provides applicants with larger projects the option to use an independent financial
analyst. Consequently, the URA seeks an on -call consultant to conduct detailed
analyses for certain projects. Although the contract will be with the URA, the cost of the
analysis will be paid by the applicant.
The City's EHO is responsible for administering other incentives, e.g., manufacturing
use tax rebates or personal property tax rebates, to enhance business retention and
expansion assistance. When financial incentives are being considered for a business, it
is done on a case -by -case basis based on the characteristics and needs of the
company. As such, it is essential for the City and public to understand the economic
impacts that company has on the community, particularly if tax revenue is rebated. In
addition to financial analyses for development projects, a consultant is sought to
conduct periodic fiscal and economic impact analysis reports for individual business
investment projects on an on -call basis.
SCOPE OF WORK
Financial Analysis for Development Projects
A qualified consultant is sought to provide independent financial analyses for
development projects seeking tax increment financing (TIF) on an as -needed basis.
The analyses should include but are not limited to the following outcomes:
■ Analyze Development Pro Forma — Complete a thorough review of the
applicant's pro forma on both an un-leveraged and leveraged basis (assuming
TIF is awarded). The analysis should resolve the following questions:
a. Are the assumptions accurate and based on the most current market
conditions and unique characteristics of the development? Questionable
assumptions include:
i. Rent
RFP 7428 Urban Renewal Authority On -Call Financial Services Page 3 of 16
ii. Vacancy rate
iii. Capitalization rate
iv. Internal Rate of Return (IRR)
v. Operating/maintenance costs
b. If assumptions are reasonable, is the project financially viable?
c. Can the project proceed successfully on an un-leveraged basis? Another
way of asking this is whether the project can be built "but -for" TIF
assistance?
d. Is the applicant making a reasonable equity investment in the project?
e. Is the applicant's IRR reasonable based on the characteristics of the
project?
f. Does the amount of TIF required match eligible uses of such funds?
■ Meet with Applicant and Staff —Compile sufficient information as necessary to
provide an accurate financial analysis through phone and/or in -person meetings
with the applicant and/or URA staff.
Fiscal and Economic Impact Analysis for Business Investment Projects
The consultant should also possess the ability to conduct periodic fiscal and economic
impact analysis reports for individual business investment projects on a case -by -case
basis. The analyses should include but are not limited to the following outcomes:
■ Analyze Fiscal and Economic Impacts — Complete a thorough review of the
company in terms of direct and indirect economic impacts, e.g., jobs and wages,
which result from the investment being made by the company. The fiscal
impacts should also be documented in terms of revenue gained by the City in
relation to the financial assistance offered by the City.
Deliverables
The scope of work will include the following deliverables:
■ Financial Analysis (on an as -needed basis) — Assess the financial feasibility of
a project on a leveraged and un-leveraged basis. This should be a written
summary with assumptions and rationale clearly articulated and documented.
■ Fiscal and Economic Impact Analysis (on an as -needed basis) — Assess the
fiscal and economic impacts of a company's investment. This should be a
written summary with assumptions and rationale clearly articulated and
documented.
AREAS OF EXPERTISE
An individual and/or team is sought that possess expertise in development financial
analysis and fiscal and economic impact analysis in order to assist in achieving the
above outcomes. All submissions should demonstrate a clear understanding,
experience, and capability in the following areas:
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■ Development Finance Analysis
The consultant(s) should possess demonstrated experience conducting analyses
for a variety of development and redevelopment projects. Knowledge of and
access to current market conditions is essential, along with the ability to
comprehend pro formas and make conclusions as to the project's financial
feasibility.
■ Tax Increment Financing (TIF)
Key personnel should possess knowledge and experience working with Urban
Renewal Authorities and/or Redevelopment Agencies and understand the
purpose and use of TIF.
■ Fiscal and Economic Impact Analysis
The consultant(s) should possess demonstrated experience conducting impact
analyses for a variety of businesses. Knowledge of and access to current impact
ratios and/or models is essential, along with the ability to understand and
evaluate the characteristics of a variety of business markets.
FORM OF SUBMISSION
All submissions shall include the following items:
■ Consultant background — a brief history and background of the consultant
company(ies);
■ Project approach — a brief description of the consultant's approach to delivering
the outcomes described in this Request for Proposals;
■ Scope of work — a brief outline and discussion of the proposed scope of work,
relating the work to the outline provided above and any changes, modifications,
or enhancements;
■ List of deliverables — a brief list of the key deliverables associated with the
proposed scope of work, all deliverables will be the property of the URA;
■ Relevant experience — at least three examples of similar work conducted for
either public or private clients, ideally within the last five years. Each should
include a description, list of deliverables, out comes, 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 listed above;
■ Project manager — the response should name the primary project manager on
the team;
■ Project budget — a matrix, chart, or table describing the estimated cost and
allocation of resources for each key team member;
■ Resumes of key personnel — a resume of the key personnel anticipated to work
on the project; and
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■ Additional material — any additional material that differentiates the consultant
from potential competition; please limit additional material in recognition of staff
time.
FEES
These on -call 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. Historically, 1-2 financial analyses are
conducted on an annual basis.
PROPOSAL REVIEW & CONSULTANT SELECTION
The City intends to select a consultant based on the written proposal evaluation, but
reserves the right to interview the highest ranked firms.
SCHEDULE
■ Submittal Deadline:
■ Submittal Review & Vendor Selection
■ Contract Negotiation & Execution:
■ On -call services commencement:
RELEVANT INFORMATION
October 4, 2012
Week of October 8, 2012
October 15 - 31, 2012
Approx. November 1, 2012
■ Fort Collins Urban Renewal Authority website: www.renewfortcollins.com
■ URA Annual Report:
http://renewfortcollins.com/imq/site specific/uploads/URA annual online.pdf
■ URA Policies:
http://renewfortcollins.com/imq/site specific/uploads/2010URA PoliciesFINAL 1.
pdf
■ City of Fort Collins website: www.fcqov.com/business
■ Colorado Urban Renewal Law, Colorado Revised Statutes (C.R.S.) § 31-25-101
et seq.: http://www.lexisnexis.com/hottopics/Colorado/
■ City of Fort Collins Economic Health website: www.fcgov.com/business
■ Economic Health Strategic Plan: http://www.fcgov.com/business/pdf/final-
economic-health-strategic-plan. pdf? 1343240783
RFP 7428 Urban Renewal Authority On -Call Financial Services Page 6 of 16
REVIEW AND ASSESSMENT CRITERIA
Professional firms will be evaluated on the following criteria. These criteria will be the
basis for review of the written proposals and optional interview session. At discretion of
the City, interviews of top rated firms may be held.
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
QUALIFICATION
STANDARD
FACTOR
Does the proposal show an understanding of the
2.0
Scope of Proposal
project objective, methodology to be used and
results that are desired from the project?
Do the persons who will be working on the project
2.0
Assigned Personnel
have the necessary skills? Are sufficient people of
the requisite skills assigned to the project?
Can the work be completed in the necessary time?
Can the target start and completion dates be met?
1.0
Availability
Are 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?
Do the proposed cost and work hours compare
2.0
Cost and
favorably with the project Manager's estimate? Are
Work Hours
the work hours presented reasonable for the effort
required in each project task or phase?
Does the firm have the support capabilities the
2.0
Firm Capability
assigned personnel require? Has the firm done
previous projects of this type and scope?
RFP 7428 Urban Renewal Authority On -Call Financial Services Page 7 of 16
REFERENCE EVALUATION CRITERIA(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 Work completed within the specified
time? Were interim deadlines met in a timely manner?
Was the Professional responsive to client needs; did the
Completeness
Professional anticipate problems? Were problems solved
quickly and effectively?
Budget
Was the original Scope of Work completed within the project
budget.
a) If a study, did it meet the Scope of Work?
Job Knowledge
b) If Professional administered a construction contract, was
the project functional upon completion and did it operate
properly? Were problems corrected quickly and effectively?
RFP 7428 Urban Renewal Authority On -Call Financial Services Page 8 of 16
SAMPLE PROFESSIONAL SERVICES AGREEMENT (FOR REVIEW ONLY)
PROFESSIONAL SERVICES AGREEMENT
WORK ORDER TYPE
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
WITNESSETH:
hereinafter referred to as 'Professional'.
In consideration of the mutual covenants and obligations herein expressed, it is agreed
by and between the parties hereto as follows:
1. Scope of Services. The Professional agrees to provide services in accordance
with any project Work Orders for , issued by the City. A blank sample of a work order is
attached hereto as Exhibit "A", consisting of ( ) pages and is incorporated herein by
this reference. The City reserves the right to independently bid any project rather than issuing a
Work Order to the Professional for the same pursuant to this Agreement.
2. The Work Schedule. The services to be performed pursuant to this Agreement
shall be performed in accordance with the Work Schedule stated on each Work Order.
3. Time of Commencement and Completion of Services. The services to be
performed pursuant to this Agreement shall be initiated as specified on each Work Order. Time
is of the essence. Any extensions of any time limit must be agreed upon in writing by the
parties hereto.
4. Contract Period. [Option 1j This Agreement shall commence 20
and shall continue in full force and effect until , 20 , 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. The
Denver Boulder Greeley CPIU published by the Colorado State Planning and Budget Office will
RFP 7428 Urban Renewal Authority On -Call Financial Services Page 1 of 16