Agenda - Council Work Session - 06/13/2006

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5. Procurement Process, Developer Selection & Procurement Schedule The City desires to select an experienced Developer who has expertise in developments such as the project including finance, purchasing, designing and constructing. The City is looking for a Developer who can bring a high level of certainty to the successful completion of the Project along with the highest quality tenant mix and quickest implementation schedule. All Proposals shall be evaluated in accordance with criteria specified in this RFP. The procurement process may involve information sessions, interviews, clarifications and reference checks. The Development Team must remain fixed until execution of a Development Agreement, including a Purchase and Sale Contract for any land to be purchased from the City, unless a change is submitted in writing to the City, whom, in its sole and absolute discretion, may accept and provide written authorization of the change. At any point during the t/me after the pre- qualified Developers are announced and before Proposals are submitted, and with the prior written approval of the City, a Developer may add consultants, subcontractors and/or key personnel to supplement resources that the Developer considers necessary to meet the needs of the Project. The City reserves the fight to not select any Developer for the Project. 5.1 Evaluation Committee, Proposal Evaluations and Developer Selection Evaluation Committee The City shall establish an evaluation committee (the "Committee") for the purpose of evaluating Proposals. The Committee shall be comprised of city staff and consultants with representation from City Engineering and Planning staff, City Legal Consultants, City Finance Department and Financial Consultants and other consultants as selected by the City. Proposal Evaluations and Developer Selection The evaluation is a 3-step process. The first step involves the City screening each Proposal to ensure it contains the minimum RFP submission requirements. The minimum RFP submission requirements are referenced in Item 7.3 and each Proposal to be evaluated shall include the following: a Transmittal Letter, a Technical Component and a Project Value Componenti The second step involves the Committee evaluating each Technical Component of each Proposal that complies with the minimum RFP submission requirements. The third step involves the review of the Project Value Component of each compliant Proposal. All Proposals received by the City in response to the RFP shall remain confidential according to Item 8.1 of this document. Upon completion of the 3-step evaluation process, the Coramittee shall promptly report its findings to the City Council. The City Council may request that the Committee conduct further evaluations of Proposals. After reviewing the Committee's evaluation results, the City Council, in their sole discretion, shall select the Developer for the Project. All City Council consideration and review of any proposal submitted under the requirements of Item 7 of this document ("Proposal") shall be at properly scheduled public City Council meetings.