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HomeMy WebLinkAboutRFP - 7416 ECONOMIC IMPACT ANALYSIS & CLUSTER REPORTRFP 7416 Economic Impact Analysis & Cluster Report Page 1 of 20 REQUEST FOR PROPOSAL 7416 ECONOMIC IMPACT ANALYSIS & CLUSTER REPORT The City of Fort Collins’ Cluster Report was first developed in 2006 and identified several target industries. In addition, the City of Fort Collins continually collects economic impact analysis reports for upcoming business assistance projects on a case- by-case basis. The City is requesting proposals from experienced teams to craft the updated bi-annual cluster report and up to four economic impact analysis reports (on a case-by-case basis). The proposal will include the following: A) update on key performance metrics related to existing clusters, B) a plan for expanding the report to include key performance metrics related to innovation in Fort Collins, and C) a plan to expand the City’s understanding of the economic impacts of the cluster. This will be an on-going contract for a term of approximately two years. The consulting team will provide all the management and services to develop the report. Written proposals, six (6) 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), August 10, 2012 and referenced as Proposal No. 7416. If delivered, they are to be sent to 215 North Mason Street, 2 nd 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, Mike Beckstead, Chief Financial Officer at (970) 221-6795 or mbeckstead@fcgov.com or Josh Birks, Economic Advisor at (970) 221-6324 or jbirks@fcgov.com. Questions regarding bid submittal or process should be directed to Jim O'Neill, CPPO, FNIGP, Buyer, at (970) 221-6779 or joneill@fcgov.com. A copy of the Proposal may be obtained as follows: 1. Download the Proposal/Bid from the BuySpeed Webpage, www.fcgov.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, Financial Services Purchasing Division 215 N. Mason St. 2nd Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 fcgov.com/purchasing RFP 7416 Economic Impact Analysis & Cluster Report Page 2 of 20 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. 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 7416 Economic Impact Analysis & Cluster Report Page 3 of 20 7416 ECONOMIC IMPACT ANALYSIS & CLUSTER REPORT SCOPE OF WORK BACKGROUND AND PROJECT DESCRIPTION Creating and sustaining a healthy economy in Fort Collins has historically been achieved by focusing on preserving and enhancing the natural environment, preserving and maintaining programs and services that contribute to a high quality of life, continuing to build on the success of the downtown area, and maximizing the value of Colorado State University in our community. The City of Fort Collins implements a broad array of programs and services focused on preserving and enhancing the natural environment and maintaining a high quality of life. In 2006, the City conducted a Targeted Industry Cluster analysis that identified several industries with unique assets in the region. This analysis became the foundation for the current Targeted Industry Clusters, which include Clean Energy (Renewable Energy and Engine and Fuel Efficiency), Water Innovation, Bioscience, and Technology (chip design and software development). In addition, the City supports those businesses that contribute to the overall character of the community through its efforts in the Uniquely Fort Collins Cluster. As a result, the City invests in outside agencies that organize and manage cluster development and expansion activities. The continued investment and evolution of the clusters has led to a meta-approach to economic development, which the City calls the Innovation Economy Model. This model leverages the assets, clusters, and partnerships to support job creation. The model focuses on supporting the full life-cycle of business development, including pre-incubation, incubation, retention, and expansion. Numerous researchers have shown that cluster formation and development has led to stronger economic health. Cluster-based economic health builds upon pre-incubation and existing concentrations of competing, complementary and interdependent firms within industrial sectors. Cluster reporting increases competitive advantage by enhancing sectors that show great potential growth and diversification that leads to a strong base for the economy. The success of the Innovation Economy model depends on both physical and human assets. The City of Fort Collins is blessed with three physical incubators and the network of support services that surround these organizations. The end result is the model has produced a culture of innovation and entrepreneurialism, which is rapidly approaching a self-sustaining level. For a list of the cluster agencies see the relevant documents section of this RFP. In addition, a link to the Innovation Economy Model profile is provided in the relevant documents section. RFP 7416 Economic Impact Analysis & Cluster Report Page 4 of 20 PROJECT OBJECTIVE, GOALS AND OUTCOMES The City’s Cluster Report was first developed in 2006. Since 2006, the City of Fort Collins has maintained updated data on the performance of the targeted industry clusters. The target industry cluster program focuses on the existing and emerging strengths within the local economy. The approach stems from the concept of Economic Gardening. The target industry cluster strategy extrapolates this concept of economic gardening and focuses on the entrepreneurs in the local economy that have common expertise and are in a common industry. Just as the industry clusters continue to develop, it is also time to reevaluate the City’s report of industry cluster. The City of Fort Collins is continuously reevaluating how to disseminate the data to tell the story of clusters and the role the industry clusters play in the vitality of the Fort Collins economic health. OBJECTIVE: Revise the biannual Fort Collins Cluster Report into a refreshed, relevant, and focused report measuring regional innovation and the impact on Fort Collins’ economic health. The cluster report should inform the City of Fort Collins stakeholders of the industry clusters and their contribution to a healthy economy that reflects the values of our unique community in an evolving world. In addition, periodic economic impact analysis reports will be developed for individual business investment projects on a case-by-case basis. This will be an on-going contract for on-call services with semiannual updates to the cluster reports through 12/2014. GOALS:  Strengthen the existing performance metrics for the target industry clusters.  Strengthen the business communication and marketing strategy to gain regional, national, and international recognition for City funded industry clusters and the Innovation Economy model.  Communicate the economical impact that the identified clusters have on the regional economy – bioscience, clean energy, technology (hardware and software), water and Uniquely Fort Collins.  Prepare economic impact analysis reports on a case-by-case basis on potential business assistant projects. SCOPE OF WORK This request for proposals asks for a scope of work designed to craft a bi-annual Fort Collins Cluster Report for the City of Fort Collins. The scope of work shall include the following outcomes: 1. Review Existing Cluster Report – Complete a thorough review of the existing Fort Collins Cluster Reports with a constructive critique of past and present tactics; 2. Evaluate New Performance Metrics – Prepare a cluster report using both qualitative and quantitative data similar to those referenced in “Measuring RFP 7416 Economic Impact Analysis & Cluster Report Page 5 of 20 Regional Innovation: A Guidebook for Conducting Regional Innovation Assessments” published by the Council on Competitiveness. The article identifies three inputs for successful regional innovation – assets, networks, and culture that will become the base of the cluster report. 3. Meet with Cluster Representatives – Interviews with cluster representatives are suggested in order to understanding the existing and prospective industry climate. 4. Outline Revised Cluster Report – Provide updated target industry analysis, and if needed, modify the cluster list based on business input. The scope of work will include the following Key Deliverables:  Revised Semiannual Cluster Report – Prepare a cluster report that focuses on key statistical analysis, but that continues to narrate the importance of cluster formation/development (approximately two reports per year until 2014, including one for 2012).  Fiscal and Economic Impact Analysis (on an as needed basis) – Assess the local fiscal and economic impacts of a project. The revised Fort Collins Cluster Report should primarily focus on analysis that leads to:  Greater awareness of the retention of jobs, specifically in targeted industry clusters;  Useful information regarding the addition of primary jobs in the targeted industry clusters;  Heightened awareness of Fort Collins as a global business location in the targeted industry clusters; AREAS OF EXPERTISE The City is looking for a team that possesses the following areas of expertise in order to assist in achieving the above outcomes. All submissions should demonstrate a clear understanding, experience, and capability in these areas of expertise.  Cluster Formation/Development The Consultant(s) shall possess experience conducting industry cluster analyses and/or directing community or organizations to work on formation of cluster reports and economic impact analysis.  Economic Analysis Key personnel should posses knowledge and experience with economic impact studies and industry cluster report data collections.  Economic Reporting The Consultant(s) shall provide at least three examples of similar work conducted for either public or private clients, ideally within the last five years. RFP 7416 Economic Impact Analysis & Cluster Report Page 6 of 20 MEETINGS AND PUBLIC PROCESS The project will be a collaboration of City staff and the Consultant requiring coordination and review throughout the project.  Initial Coordination Meeting: At this meeting, the City and the Consultant will finalize a detailed schedule of the project, identify important milestones with target dates, and finalize a detailed scope of services.  Progress Meetings: Progress meetings will be held periodically throughout the project. These meetings may occur via conference call, email or face-to-face depending on the travel schedule of the Consultant associated with the project.  Cluster Representative Interviews: In order to develop a better understanding of the regional industry clusters, cluster manager/leadership interviews are necessary. The purpose of the interviews are to broaden the consultant(s) understanding of the analytical requirements (asset, network, culture) and to evaluate inputs. The cluster representative interviews may be conducted by phone. 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 RFP;  Scope of Work – A brief outline and discussion of the proposed scope of work, relating 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 City;  Relevant Experience – At least three examples of similar work (per team member) conducted for either public or private 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;  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, please tie this to the areas of expertise identified above; RFP 7416 Economic Impact Analysis & Cluster Report Page 7 of 20  Resumes of Key Personnel – A resume of the key personnel anticipated to work on the project; and  Additional Material – Any additional material that differentiates the Consultant from potential competition (Please limit additional material in recognition of staff time). 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. Please provide an allocation of the proposed budget by area of expertise and team member. Note: on-call services will need to be priced separately (e.g., economic impact analysis). The contract does not guarantee any work under this part of the scope. Historically, 3 – 5 economic impact analyses are conducted on an annual basis. SCHEDULE Submittal Deadline: August 10, 2012 Short List: August 17, 2012 Interviews: August 29, 2012 Selection: August 31, 2012 Contract Negotiation: Week of September 3 Project Commencement: September 10, 2012 1 st Revised Cluster Report: October 26, 2012 RELEVANT DOCUMENTS  Innovation Economy Profile, City of Fort Collins, 2010 (http://www.fcgov.com/business/pdf/cluster- innovation_economy.pdf?1290025853)  Economic Action Plan, City of Fort Collins, 2005 (http://www.fcgov.com/business/pdf/economic-action-plan.pdf)  Strategic Employment Opportunities: Select Industry Clusters in Fort Collins, Development Research Partners, 2006 (http://www.fcgov.com/business/pdf/fc- cluster-study.pdf?1285258246)  Fort Collins Cluster Report, Martin Shields, Regional Economist, Colorado State University, Summer 2010. (http://www.fcgov.com/business/pdf/fc-industry- employment-data.pdf?1285258246)  City of Fort Collins – Business, www.fcgov.com/business  Entrepreneurial Support in Fort Collins, Colorado, www.ftcollinsinnvoation.com  Colorado Clean Energy Cluster, www.coloradocleanenergy.com  Colorado Water Innovation Cluster, www.co-waterinnovation.com RFP 7416 Economic Impact Analysis & Cluster Report Page 8 of 20  Larimer County Bioscience Cluster, www.larimerbioscience.org  Rocky Mountain Innosphere, www.rmi2.org  Colorado State University, Engines and Energy Conversion Laboratory, www.eecl.colostate.edu  Colorado State University, Research Innovation Center, www.csuric.org  Colorado State University Research Foundation, Technology Transfer Office, www.csurf.org/tto  FortZED, www.fortzed.com  http://www.isc.hbs.edu/pdf/Clusters-and-Entrepreneurship---SSRN- id1689084.pdf  Council on Competitiveness, Measuring Regional Innovation: A Guidebook for Conducting Regional Innovation Assessments, http://ded.mo.gov/Content/Council%20on%20Competitiveness%2c%20Regional _Innovation_Guidebook.pdf RFP 7416 Economic Impact Analysis & Cluster Report Page 9 of 20 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 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 FACTOR QUALIFICATION STANDARD 2.0 Scope of Proposal Does the proposal show an understanding of the project objective, methodology to be used and results that are desired from the project? 2.0 Assigned Personnel Do the persons who will be working on the project have the necessary skills? Are sufficient people of the requisite skills assigned to the project? 1.0 Availability Can the work be completed in the necessary time? Can the target start and completion dates be met? Are other qualified personnel available to assist in meeting the project schedule if required? 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? 2.0 Cost and Work Hours Do the proposed cost and work hours compare favorably with the project Manager's estimate? Are the work hours presented reasonable for the effort required in each project task or phase? 2.0 Firm Capability Does the firm have the support capabilities the assigned personnel require? Has the firm done previous projects of this type and scope? RFP 7416 Economic Impact Analysis & Cluster Report Page 10 of 20 REFERENCE EVALUATION (TOP RATED FIRM) The project Manager will check references using the following criteria. The evaluation rankings will be labeled Satisfactory/Unsatisfactory. QUALIFICATION STANDARD Overall Performance Would you hire this Professional again? Did they show the skills required by this project? Timetable Was the original Scope of 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? RFP 7416 Economic Impact Analysis & Cluster Report Page 11 of 20 SAMPLE PSA WORK ORDER TYPE 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 , 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 , 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 1] 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 7416 Economic Impact Analysis & Cluster Report Page 12 of 20 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: City of Fort Collins Attn: PO Box 580 Fort Collins, CO 80522 With Copy to: City of Fort Collins Attn: Purchasing PO Box 580 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 limits and errors and omissions insurance in the amount of . RFP 7416 Economic Impact Analysis & Cluster Report Page 13 of 20 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 7416 Economic Impact Analysis & Cluster Report Page 14 of 20 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 7416 Economic Impact Analysis & Cluster Report Page 15 of 20 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 RFP 7416 Economic Impact Analysis & Cluster Report Page 16 of 20 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. 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. RFP 7416 Economic Impact Analysis & Cluster Report Page 17 of 20 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 7416 Economic Impact Analysis & Cluster Report Page 18 of 20 THE CITY OF FORT COLLINS, COLORADO By: _________________________________ 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] By: _________________________________ Title: _______________________________ CORPORATE PRESIDENT OR VICE PRESIDENT Date: _______________________________ ATTEST: _________________________________ (Corporate Seal) Corporate Secretary RFP 7416 Economic Impact Analysis & Cluster Report Page 19 of 20 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: ____________________________ Standard Professional Services Agreement- rev04/10 20 EXHIBIT “ ” 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, and (b) all information that is proprietary to a third party (including but not limited to customers and suppliers of the City) . 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.