HomeMy WebLinkAbout487267 TIP STRATEGIES INC - CONTRACT - RFP - 7416 ECONOMIC IMPACT ANALYSIS & CLUSTER REPORTPROFESSIONAL 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 TIP Strategies, hereinafter referred to as "Professional'.
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 Professional agrees to provide services in accordance
with any project Work Orders for 7416 Economic Impact Analysis & Cluster Report, issued by
the City. A blank sample of a work order plus the overall scope of services are attached hereto
as Exhibit "A", consisting of one (1) 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.
a
4. Contract Period. This Agreement shall commence October 1, 2012, and shall
continue in full force and effect until September 30, 2013, unless sooner terminated as herein
0
provided. In addition, at the option of the City, the Agreement may be extended for additional
one year periods not to exceed four (4) additional one year periods. Renewals and pricing
changes shall be negotiated by and agreed to by both parties. The Denver Boulder Greeley
CPIU published by the Colorado State Planning and Budget Office will be
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7416 Economic Impact Analysis & Cluster Report Page 1 of 13
2 Determine and Apply Framework
With the input from Phase I and the feedback from the Phase 2Overvlew
Discovery workshop, Professional will gather and analyze data Tasks
needed for each indicator, conduct research on cluster
strategies of peer communities with similar target clusters, and ✓ Data collection
determine each cluster's strengths, weaknesses, opportunities, ✓ Benchmarking
and threats. This phase will create the framework to determine ✓ Evaluate strengths, weaknesses,
how the industry clusters have developed and how the clusters opportunities, and threats
fit in to the national and international landscape. Deliverables
2.1 Data collection I Once the indicators are vetted with the ✓ 1"Cluster Report
Economic Health Office, Professional will collect the
associate data for relevant quantitative indicators. A handful
of global indicators will be collected to allow Professional to identify emergent clusters.
2.2 Benchmark research I Professional will identify other communities that are targeting similar
industry clusters to identify best practices and to better understand how Fort Collins and the
Front Range can differentiate itself within the target industry clusters both nationally and
internationally. For clusters that are also the state's targets, Professional will also look at
what and how other states are supporting cluster development in those industries.
2.3 SWOT and gap analysis I For each industry cluster, Professional will identify strengths,
weaknesses, opportunities, and threats. Professional will also identify significant gaps or
obstacles that inhibit growth in the sector.
2.4 Cluster report preparation I With the information gathered from the previous tasks,
Professional will profile each of the cluster industries. Each profile will present the indicators
in a dashboard format to highlight trends and performance. It will also summarize the SWOT
and gap analysis and provide strategic considerations for strengthening the cluster initiative.
This first report will establish a template to use for the subsequent cluster reports and will
include high quality graphics that can be used in marketing materials as well.
3 Evaluate Initiative
Updates of the cluster report will be performed every year to
track the outcomes of the various activities associated with the
Fort Collins cluster initiative. The schedule of updates will be
determined based on data releases from public sources that
provide supporting data for the report indicators. The qualitative
input mechanisms should be coordinated to provide results in a
similar time frame.
Phase 3 Overview
Tasks
✓ Stakeholder Input
✓ Data collection
✓ Benchmark research
Deliverables
3.1 Stakeholder input I The consulting team will conduct ✓ Updated Cluster Reports
interviews with the cluster managers and other primary
stakeholders to collect information on cluster membership,
projects, and activities. This will also be an opportunity to discuss how strategies may have
changed since the last update and what the stakeholders' plans for future cluster -related
activities are.
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7416 Economic Impact Analysis & Cluster Report
Page 10 of 13
3.2 Data collection I The data supporting each indicator will be collected and analyzed for each
update to the extent that new data is available.
3.3 Benchmark and market research I Additional research on peer initiatives and industry trends
will be conducted for each cluster to identify any trends that may influence Fort Collins'
cluster performance.
Cluster report preparation I The cluster report updates will highlight any changes since the last
update and provide a time series of indicators that can be used to track the effectiveness of the
cluster initiative.
Economic Impact Analysis
Professional has an established model for measuring the
economic impact of a company's expansion within or into the
City of Fort Collins. The model measures the impact both on the
City and Larimer County and includes both fiscal impacts and
economic impacts. The model inputs will be updated with the
most recent data for each analysis to keep the model current
and accurate. The Professional's model uses EMSI's input-
output model, which is updated quarterly, to measure economic
impact. Fiscal impact is measured using the Colorado INSIGHT
model as a base. Then, this model is customized for the City of
Fort Collins and Larimer County, using historic data trends as
inputs. This service will be provided for the City as needed.
overview
Tasks
✓ Impact modeling
Deliverables
✓ Impact Analysis Report
the base of assumptions and
Schedule
The Professional is available to begin this work immediately upon agreement of terms. The
following schedule assumes a September 2012 start date. It is intended to provide an overview
of the process and can be adjusted to meet the needs of the client. The first cluster report for
year-end 2012 will be completed January 2013 to allow for the compilation and release of 2011
data. The subsequent reports will also be released approximately 6-months after the end of the
time period being evaluated:
i Year end 2012 Report released June / July 2013
4 Year end 2013 Report released June / July 2014
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7416 Economic Impact Analysis & Cluster Report Page 11 of 13
EXHIBIT B
COMPENSATION
The fee for the completion of this work is outlined below. Additional expenses are
subject to approval and include data purchases and travel and lodging associated with
conducting this work.
The summary of fees is as follows:
Initial research and presentaion of findings ......................... $10,000
Report set-up and production ............................................... $40,000
Report updates (per report) .................................................. $20,000
Economic Impact analysis...................................................... $3,500
The team member rates are:
Principal/Lead Consultant.........................................................
$195
Consultant/Project Manager ......................................................
$145
Analyst/Technician......................................................................
$95
Administrative Design..................................................................
$50
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EXHIBIT C
CONFIDENTIALITY
IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the "City") pursuant to
this Agreement (the "Agreement"), the Professional 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 Professional has agreed to perform, the Professional 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 Professional
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; (b) all information that is
proprietary to a third party (including but not limited to customers and suppliers of the City); and
(c) all information that is pbrotected by a confidentialityagreement, non -disclosure agreement,
or other agreement between the City and any other person or entity. The Professional agrees
to confirm that information to be released or disclosed to any person is not confidential or
proprietary prior to such release or disclosure. The Professional shall not disclose any such
information to any person not having a legitimate need -to -know for purposes authorized by the
City. Further, the Professional 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 Professional 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 Professional 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 Professional ceases to perform services for the City, or the City so requests
for any reason, the Professional 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 Professional understands and agrees that the City's remedies at law for a breach of the
Professional'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. The Professional shall indemnify and
hold the City harmless against any claims, suits or other actions resulting from any acts or
omissions of the Professional in violation of the terms of these confidentiality requirements.
Professional Services Agreement Work Order Type
7416 Economic Impact Analysis & Cluster Report Page 13 of 13 1014/12
�U
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:
TIP Strategies
City of Fort Collins
City of Fort Collins
Attn: Jon Roberts
Attn: SeonAh Kendall
Attn: Purchasing
106 E 61h Street, Suite 550
PO Box 580
PO Box 580
Austin, TX 78701
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, Project 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
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7416 Economic Impact Analysis & Cluster Report Page 2 of 13
limits and errors and omissions insurance in the amount of $1,000,000.
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 one (1) page, 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,
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7416 Economic Impact Analysis & Cluster Report Page 3 of 13
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
shall be liable to the non -defaulting party for the non -defaulting party's reasonable attorney fees
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7416 Economic Impact Analysis & Cluster Report Page 4 of 13
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. IProfessional 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 Professional obtains actual knowledge that a subcontractor performing work
under this Agreement knowingly employs or contracts with an illegal alien, Professional
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7416 Economic Impact Analysis 8 Cluster Report Page 5 of 13
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" - Confidentiality, consisting of
one (1) page, attached hereto and incorporated herein by this reference.
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7416 Economic Impact Analysis & Cluster Report Page 6 of 13
0
City Clerk
D A6 TO FORM:
Assistant
THE CITY OF FORT COLLINS, COLORADO
By:
am s B. O'Neill II, CPPO, FNIGP
ire for of Purchasing & Risk Management
Date: I O I r Z. 1:r .Z
TIP STRATEGIES
By: /2
e�jG11 �i N/l�yla if I�II/L'UoV
CORPORATTE PRESIDEN OR VICE PRESIDENT
Date: b�?;z1iz
ATTEST:
(Corporate Seal)
Corpor ecre a
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7416 Economic Impact Analysis & Cluster Report Page 7 of 13
EXHIBIT "A"
WORK ORDER FORM
PURSUANT TO AN AGREEMENT BETWEEN
THE CITY OF FORT COLLINS
AND
TIP STRATEGIES
DATED:
Work Order Number:
Purchase Order Number:
Project Title: 7416 Economic Impact Analysis & Cluster Report
Commencement Date:
Completion Date:
Maximum Fee: (time and reimbursable direct costs):
Project Description:
Scope of Services:
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 _ U pages
are hereby accepted and incorporated herein, by
this reference, and Notice to Proceed is hereby
given.
Professional
2
Professional Services Agreement Work Order Type
7416 Economic Impact Analysis & Cluster Report
Project Manager
City of Fort Collins
By:
James B. O'Neill II, CPPO, FNIGP
Director of Purchasing and Risk Management
(over$60,000.00)
Date:
Page 8 of 13
OVERALL SCOPE OF SERVICES
1 Establish the Baseline
Professional begins by documenting the City's and its
Phase I overview
stakeholders' current cluster development strategies. During this
phase Professional will review available materials, visit with
Tasks
knowledgeable sources, and conduct a targeted analysis of
✓ Kick-off meeting
relevant trends to reach an understanding of the current state of
✓ Review of existing duster reports
the industry cluster initiative. This work serves as the basis for
✓ Stakeholder interviews
determining the outcomes of the initiative in Phase 2.
✓ Inventory of duster strategies and
1.1 Kick-off meeting I A strong working relationship between
projects
✓ Indicator identification
Professional and the client project team is essential. The kick-
off meeting provides the opportunity to discuss objectives,
Deliverables
define success factors, identify relevant studies and initiatives,
✓ Presentation of preliminary
and review the team's overall expectations for the
findings— inventory of strategies,
engagement. The outcome of the meeting will be a project
interview findings, indicator list
management plan that will serve as the foundation for all the
work to follow.
1.2 Review of existing cluster reports I Professional will review the existing cluster reports and
will propose changes to the template that will provide continuity with past reports and
enhancements to the previous report template.
3 Stakeholder interviews I Professional will conduct interviews with stakeholders involved in
cluster development both in the City of Fort Collins and the Front Range region. These
stakeholders will include cluster managers, key researchers, incubators, and leading
companies within each cluster. The objective of these interviews will be to identify activities
and projects aimed at cluster development, gauge their effectiveness, and identify obstacles
to cluster development. Professional will also investigate how cluster organizations can add
value to participants through a range of different organizing models.
1.4 Inventory of cluster development strategies and projects I From a review of relevant studies
and reports and the findings from the stakeholder interviews, Professional will create a list of
specific strategies, activities, and projects. Where possible, Professional will also document
the budget associated with each. This will create a clear and comprehensive snapshot of
Fort Collins' cluster initiative that includes both the City's activities and other stakeholders'
activities.
1.5 Indicator identification I Based on the above inventory, the previous cluster reports, and
Professional's knowledge of measuring performance, Professional will propose a list of
indicators. For any qualitative indicators, we will propose mechanisms for collecting the data.
1.6 Stakeholder workshop I The findings and results from each of the previous tasks will be
presented in a PowerPoint presentation at a workshop for the Economic Health Office and
key stakeholders. The purpose of this workshop will be to discuss the findings and provide
feedback to the consulting team.
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