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