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HomeMy WebLinkAbout238924 NORTHERN COLORADO ECONOMIC DEVELOPMENT CORP - CONTRACT - AGREEMENT MISC - NORTHERN COLORADO ECONOMIC DEVELOPMENTPROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT made and entered into the day and year set forth below, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and Northern Colorado Economic Development Corporation (NCEDC), hereinafter referred to as "Professional'. W ITNESSETH: 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 the scope of services attached hereto as Exhibit "A", consisting of three (3) pages, and incorporated herein by this reference. 2. The Work Schedule. The services to be performed pursuant to this Agreement shall be performed in accordance with the Work Schedule attached hereto as Exhibit "B", consisting of one (1) page, and incorporated herein by this reference. 3. Contract Period. The services to be performed pursuant to this Agreement shall be initiated within five (5) days following execution of this Agreement. Services shall be completed no later than December 31, 2013. Time is of the essence. Any extensions of the time limit set forth above must be agreed upon in writing by the parties hereto. 4. Early Termination by City. 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 addresses: Professional Services Agreement Page 1 of 11 4 Story Telling 4.1 Telling the Fort Collins story I Raise awareness of Fort Collins as a hotbed of innovation to engage and attract both investors and entrepreneurial talent. Collaborate more closely with Metro Denver to raise awareness of the activities occurring in Fort Collins. Market what Fort Collins and CSU are doing regarding technology start-ups to the specialists and executives already in Fort Collins, especially those at large firms. 4.2 Speaking Opportunities I Identify opportunities for City leadership to speak at trade shows and conferences that allow leadership to convey Uniquely Fort Collins. Professional Services Agreement Phase 4 Overview_ _ Tasks ✓ Raise awrenes of FC to MDEDC, OEDIT and national site consultnats ✓ Work with CSU to develop a "brand" and materials ✓ Attempt to arrange speaking opportunities Deliverables ✓ Quarterly reports to EHO office Page 10 of 11 . EXHIBIT B WORK SCHEDULE ACTIVITY SCHEDULE Tasks I Q1 02 Q3 Q4 1. Industry Councils Kick off Meetings X Updates to EHO X X X _Quarterly Annual Presentations X 2. Bus Retention Visits Identify companies to visit X Determine issues X Visit companies X X Report Findings X 3. Trade Mission Preliminary contact with RTP X Set date for mission X Conduct mission X Report Findings X 4. Story Telling Speaking opportunities X X X X Work with CSU to Brand the region X X _ Meet with OEDIT and MDEDC X X X Report Results X Professional Services Agreement Page 11 of 11 Professional: City: With Copy to: Northern Colorado Economic City of Fort Collins City of Fort Collins Development Corporation Attn: Josh Birks Attn: Purchasing Dept. Attn: Walter Elish, CEO PO Box 580 PO Box 580 3553 Clydesdale Prkwy, Suite 230 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. 5. Design, Project Indemnity 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 attorneys 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 $N/A. 6. Compensation. In consideration of the services to be performed pursuant to this Agreement, the City agrees to pay Professional a fixed fee according to the following schedule: Councils Activities.......................................$27,000 Retention Visits ............................................$ 5,000 Trade Mission ..............................................$ 6,000 Story Telling ....................... ................. ......... $ 2,000 The total fee shall not exceed Forty Thousand Dollars ($40,000). Monthly partial payments Professional Services Agreement Page 2 of 11 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 hereto and upon the City's approval of the Professional's actual 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. 7. 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. 8. Monthly Report. Commencing thirty (30) days after the date of execution of this Agreement and every thirty (30) days thereafter, Professional is required to provide the City Representative with a written report of the status of the work with respect to the Scope of Services, Work Schedule, and other material information, Failure to provide any required monthly report may, at the option of the City, suspend the processing of any partial payment request. 3. 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. 10. 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 Professional Services Agreement Page 3 of 11 consent of the City. 11. 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. 12. 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 parry may be declared in default. 13. 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 parry's reasonable attorney fees and costs Incurred because of the default. 14. 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. 15. 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 Professional Services Agreement Page 4 of 11 jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. 17. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., at. 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. d. If Professional obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Professional shall: Professional Services Agreement Page 5 of 11 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. Professional Services Agreement Page 6 of 11 THE CITY OF FORT COLLINS, COLORADO By: . (f g_james -.O'Neill II, CPPO, FNIGP Director of Purchasing & Risk Management DATE: y IO NORTHERN COLORADO ECONOMIC DEVELOPMENT CORPORATION By: 4i Title: PQ1= S td7 i�- N.T " C Z _C_ CORPORATE PRESIDENT OR VICE PRESIDENT Date: A T:. (Corporate Seal) Corporate secretary Professional Services Agreement Page 7 of 11 EXHIBIT A SCOPE OF WORK 9 Managing Industry Councils In collaboration with community partners, NCEDC will establish an industry council for a manufacturing and air service industry. These working groups will provide forums for communication, identification of issues and solutions, and track progress toward addressing issues identified. 1.1 Kick-off meeting I NCEDC's strength is getting the necessary stakeholders to the table The kick-off meeting should assess such necessary items as the determination of council size, level of participation, member composition, mission and general meeting schedule. 1.2 NCEDC will provide opportunities for participants to share experiences and exchange ideas. It is comprised of Executives from all types of various industries. These meetings will allow C-level Executives to help one another resolve business problems, explore promising opportunities, share business experiences, learn from experts, and act as a general sounding board to each other in a safe, confidential environment. NCEDC will provide identified topics for each meeting, engaging an "expert" when it is appropriate. 1.3Issues and Answers I NCEDC will facilitate the dialogue amongst the identified stakeholder groups and document the issues and possible solutions as they arise. Documentation of the findings from the councils will assist in the generation of specific strategies, activities and projects. Where possible, NCEDC should also document the budget associated with each. This will allow the council to prioritize the needs of the specific council using the SMART decision model (specific, measurable, action -oriented, reasonable, and timely). Some issues to address include workforce projections and gaps, asset mapping, and innovation. Phase 10verview Tasks ✓ Kick-off meeting ✓ Identify Issues and Action Steps ✓ Quarterly updates on FNL airport activity ✓ Semi-annual updates of manufacturing counicl activity Deliverables ✓ Manufacturing Council - Annual presentation of discussions, findings and solutions -workforce, asset mapping, innovation ✓ Airport Working Group -semi annual progress report and annual presentaiton of activity and results obtained 1.4 Annual Presentation I The findings and results from each of the previous tasks will be presented in a PowerPoint presentation at a workshop for City Council, City Manager, Economic Health Office, and key stakeholders. The purpose of this workshop will be to discuss the findings and provide feedback to NCEDC. Professional Services Agreement Page B of 11 2 Coordinate Business Retention Visits to Primary Employers Headquartered Elsewhere In an effort to encourage the retention and expansion of existing businesses within Fort Collins, regular visits to primary employers is important. These visits are designed to demonstrate the community's appreciation forthe businesses and to identify immediate needs, future plans, and opportunities for collaboration. 2.1 Establish relationships with executives from the headquarters Arrange face to face meetings with executives from headquarters of primary employers, the City Manager and other city staff. Headquarters are located outside of Fort Collins, but the company currently has a location in Fort Collins. The goal of these meetings is to keep a direct line open to the business community. 2.2 Coordinate 2 — 3 visits per area of visitation I NCEDC will work to coordinate 2 — 3 visits per area to best utilize time during out of state travel. Coordination with outside economic development groups and company headquarter are vital in order to be as efficient and effective as possible. 3 Formulate a "Trade Mission" for Industry 3.1 Trade Mission to the NC Research Triangle. I The Research Triangle Park (RTP) is recognized as one of the leading researchlnnovation centers in the U.S. The mission of the RTP is to promote university, academic, industry and government collaborations leading to the establishment and maintenance of research, scientific and technology -based facilities within the Research Triangle and North Carolina, creating quality jobs and opportunities for citizens. 3.2 The purpose of the mission will be to learn from the RTP's success, share best practices, and determine if and how this model can be applied in Fort Collins and the northern Colorado region. The focus will be on the exploring the collaboration of a research university with the community and branding a region as an innovation center Professional Services Agreement Phase 2 Overview Tasks ✓ Work with EHO to identify the primary employers to visit ✓ Condcut background research on the company Identifying possible issues of concern ✓ Set appointments aond conduct visits Deliverables ✓ Visit with 23 of primary employer HQ outside the City of Fort Collins, ✓ Report results of visits to the EHO and present action strategies to address any issues identified Phase 3 Overview Tasks ✓ Work with CSU to arrange for visit to the RTP ✓ Select dates ✓ Identify and select participants Deliverables ✓ Travel to and visit with RTP staff, universities and businesses. ✓ Report results of visit to city leadership and recommend course of action for Fort Collins Page 9 of 11