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HomeMy WebLinkAboutresolution.council.061-03 REsoLunoN (Series of 2003) A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN, COLORADO, AND BBC CONSULTING SETTING FORTH THE TERMS AND CONDITIONS REGARDING RETAIL CONSULTING SERVICES AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT WHEREAS, there has been submitted to the City Council a contract between the City of Aspen, Colorado, and BBC Consulting, a copy of which contract is attached hereto and made a part thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That the City Council of the City of Aspen hereby approves that contract between the City of Aspen, Colorado, and BBC Consulting regarding consulting services related to the retail businesses in the City, a copy of which is attached hereto and incorporated herein, and does hereby authorize the City Manager of the City of Aspen to execute said contract on behalf of the City of Aspen. Dated: ~.~'~z ~ /~'/o,~g2,,9 ? . I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a tree and acc.ur.at~,copy of that resolution adopted by the City Council o~meeting held July 14, 2003, Kathryn S. I~ch', City Clerk ' ~ RETAIL CONSULTING SERVICES AGREEMENT FOR PROFESSIONAL SERVICES This Agreement made and entered on the date hereinafter stated, between the CITY OF ASPEN, Colorado, ("City") and BBC Research and Consulting ("BBC"). For and in consideration of the mutual covenants contained herein, the parties agree as follows: 1. Scope of Work and Completion. BBC shall commence work immediately upon execution of the agreement, which shall constitute a Notice to Proceed from the City, and complete all phases of the Scope of Work, as set forth at Exhibit "A" attached hereto and by this reference incorporated herein, as expeditiously as is consistent with professional skill and care and the orderly progress of the work in a timely manner. The parties anticipate that all work pursuant to this agreement shall be completed no later than December 31, 2003, or as otherwise adjusted as required as the project proceeds, and which shall include allowances for periods of time required by the City's Contract Administrator and other agents of the City for review and approval of deliverable products. Deliverable products shall be in hard copy and in digital format compatible with the City's Microsoft Word, Excel, and/or Power Point software, as applicable, and/or other formats determined acceptable by the City. 2. Payment. In consideration of the work performed, City shall pay BBC for all work performed according to the scope of work, attached hereto as Exhibit "A." The products and work shall be performed on a time a materials basis not to exceed those hourly and materials rates set forth in Exhibit "A," appended hereto. Except as otherwise mutually agreed to by the paffles, the total payments made to BBC shall not initially exceed $65,000. Travel expenses shall not exceed an additional $6,000. Additional "optional" services may be requested by the Contract Administrator according to the rates identified in Exhibit "A." BBC shall submit, in timely fashion, invoices for work performed. The City shall review such invoices and, if they are considered incorrect or untimely, the City shall review the matter with BBC within ten days from receipt of BBC's bill. 3. Non-Assignability. Both parties recognize that this contract is one for personal services and cannot be transferred, assigned, or sublet by either party without prior written consent of the other. It is expressly understood by both parties that Komfield Koslosky Properties, LLP and CommArts will be performing services as sub-consultants to BBC. Sub-Contracting shall not relieve BBC of any of the Contract for Services: BBC Research and Consulting Retail Consulting Services Page 1 H:\econ sustainXBB C_contract.doc responsibilities or obligations under this agreement. BBC shall be and remain solely responsible to the City for the acts, errors, omissions or neglect of any subcontractors officers, agents and employees, each of whom shall, for this purpose be deemed to be an agent or employee of BBC to the extent of the subcontract. The City shall not be obligated to pay or be liable for payment of any sums due which may be due to any sub-contractor. 4. Termination. BBC or the City may terminate this Agreement, without specifying the reason therefore, by giving notice, in writing, addressed to the other party, specifying the effective date of the termination. No fees shall be earned after the effective date of the termination. Upon any termination, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, reports or other material prepared by BBC pursuant to this Agreement shall become the property of the City. Notwithstanding the above, BBC shall not be relieved of any liability to the City for damages sustained by the City by virtue of any breach of this Agreement by BBC, and the City may withhold any payments to BBC for the purposes of set-off until such time as the exact amount of damages due the City from BBC may be determined. 5. Covenant Against Contingent Fees. BBC warrants that s/he has not employed or retained any company or person, other than a bona fide employee working for BBC, to solicit or secure this contract, that s/he has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gifts or any other consideration contingent upon or resulting from the award or making of this contract. 6. Independent Contractor Status. It is expressly acknowledged and understood by the parties that nothing contained in this agreement shall result in, or be construed as establishing an employment relationship. BBC shall be, and shall perform as, an independent Contractor who agrees to use his or her best efforts to provide the said services on behalf of the City. No agent, employee, or servant of BBC shall be, or shall be deemed to be, the employee, agent or servant of the City. City is interested only in the results obtained under this contract. The manner and means of conducting the work are under the sole control of BBC. None of the benefits provided by City to its employees including, but not limited to, workers' compensation insurance and unemployment insurance, are available from City to the employees, agents or servants of BBC. BBC shall be solely and entirely responsible for its acts and for the acts of BBC's agents, employees, servants and subcontractors during the performance of this contract. BBC shall indemnify City against all liability and loss in connection with, and shall assume full responsibility for payment of all federal, state and local taxes or contributions imposed or required under unemployment insurance, social security and income tax law, with respect to Contract for Services: BBC Research and Consulting Retail Consulting Services Page 2 H:\econ sustain~BB C_contract.doc BBC and/or BBC's employees engaged in the performance of the services agreed to heroin. 7. Indemnification. BBC agrees to indemnify and hold hannless the City, its officers, employees, insurers, and self-insurance pool, from and against ail liability, claims, and demands, on account of injury, loss, or damage, including without limitation claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, which arise out of or are in any manner connected with the negligent or intentionai acts or omissions of BBC, its employees, or subcontractors. BBC agrees to investigate, handle, respond to, and to provide defense for and defend against, any such liability, claims or demands at the sole expense of BBC, or at the option of the City, agrees to pay the City or reimburse the City for the defense costs incurred by the City in connection with, any such liability, claims, or demands. If it is determined by the finai judgment of a court of competent jurisdiction that such injury, loss, or damage was caused in whole or in part by the act, omission, or other fault of the City, its officers, or its employees, the City shall reimburse BBC for the portion of the judgment attributable to such act, omission, or other fault of the City, its officers, or employees. 8. BBC's Insurance. (a) BBC agrees to procure and maintain, at its own expense, a policy or policies of insurance sufficient to insure against all liability, claims, demands, and other obligations assumed by BBC pursuant to Section 7 above. Such insurance shail be in addition to any other insurance requirements imposed by this contract or by law. BBC shall not be relieved of any liability, claims, demands, or other obligations assumed pursuant to Section 7 above by reason of its failure to procure or maintain insurance, or by mason of its failure to procure or maintain insurance in sufficient amounts, duration, or types. (b) BBC shall procure and maintain, and shall cause any subcontractor of BBC to procure and maintain, the minimum insurance coverages listed below. Such coverages shail be procured and maintained with forms and insurance acceptable to the City. All coverages shall be continuously maintained to cover all liability, claims, demands, and other obligations assumed by BBC pursuant to Section 7 above. In the case of any claims-made policy, the necessary retroactive dates and extended reporting periods shail be procured to maintain such continuous coverage. (i) Workers' Compensation insurance to cover obligations imposed by applicable laws for any employee engaged in the performance of work under this contract, and Employers' Liability insurance with minimum limits of FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) for each accident, FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) Contract for Services: BBC Research and Consulting Retail Consulting Services Page 3 H:\econ sustain'tn B C_contract.doc disease - policy limit, and FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) disease - each employee. Evidence of qualified self-insured status may be substituted for the Workers' Compensation requirements of this paragraph. (ii) Commercial General Liability insurance with minimum combined single limits of ONE Mil J JON DOLLARS ($1,000,000.00) each occurrence and ONE MILLION DOLLARS ($1,000,000.00) aggregate. The policy shall be applicable to all premises and operations. The policy shall include coverage for bodily injury, broad form property damage (including completed operations), personal injury (including coverage for contractual and employee acts), blanket contractual, independent contractors, products, and completed operations. The policy shall contain a severability of interests provision. Oii)Comprehensive Automobile Liability insurance with minimum combined single limits for bodily injury and property damage of not less than ONE MIII.ION DOLLARS ($1,000,000.00) each occurrence and ONE IVlILLION DOLLARS ($1,000,000.00) aggregate with respect to each BBC's owned, hired and non-owned vehicles assigned to or used in performance of the Scope of Work. The policy shall contain a severability of interests provision. If BBC has no owned automobiles, the requirements of this Section shall be met by each employee of BBC providing services to the City under this contract. (c) The policy or policies required above shall be endorsed to include the City and the City's officers and employees as additional insureds. Every policy required above shall be primary insurance, and any insurance carried by the City, its officers or employees, or carried by or provided through any insurance pool of the City, shall be excess and not contributory insurance to that provided by BBC. No additional insured endorsement to the policy required above shall contain any exclusion for bodily injury or property damage arising from completed operations. BBC shall be solely responsible for any deductible losses under any policy required above. (d) The certificate of insurance provided by the City shall be completed by BBC's insurance agent as evidence that policies providing the required coverages, conditions, and minimum limits are in full force and effect, and shall be reviewed and approved by the City prior to commencement of the contract. No other form of certificate shall be used. The certificate shall identify this contract and shall provide that the coverages afforded under the policies shall not be canceled, terminated or materially changed until at least thirty (30) days prior written notice has been given to the City. Contract for Services: BBC Research and Consulting Retail Consulting Services Page 4 H:\econ sustainXB B C_contract.doc (e) Failure on the part of BBC to procure or maintain policies providing the required coverages, conditions, and minimum limits shall constitute a material breach of contract upon which City may immediately terminate this contract, or at its discretion City may procure or renew any such policy or any extended reporting period thereto and may pay any and all premiums in connection therewith, and all monies so paid by City shall be repaid by BBC to City upon demand, or City may offset the cost of the premiums against monies due to BBC from City. (f) City reserves the right to request and receive a certified copy of any policy and any endorsement thereto. (g) The parties hereto understand and agree that City is relying on, and does not waive or intend to waive by any provision of this contract, the monetary limitations (presently $150,000.00 per person and $600,000 per occurrence) or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, Section 24-10-101 et seq., C.R.S., as from time to time amended, or otherwise available to City, its officers, or its employees. 9. City's Insurance. The parties hereto understand that the City is a member of the Colorado Intergovernmental Risk Sharing Agency (CIRSA) and as such participates in the CIRSA Property/Casualty Pool. Copies of the CIRSA policies and manual are kept at the City of Aspen Finance Department and are available to BBC for inspection during normal business hours. City makes no representations whatsoever with respect to specific coverages offered by CIRSA. City shall provide BBC reasonable notice of any changes in its membership or participation in CIRSA. 10. Completeness of Agreement. It is expressly agreed that this agreement contains the entire undertaking of the parties relevant to the subject matter thereof and there are no verbal or written representations, agreements, warranties or promises pertaining to the project matter thereof not expressly incorporated in this writing. 11. Contract Principals and Notice. It is expressly acknowledged and understood by the parties that only the following principals are authorized to act on behalf of the respective parties in all matters of this contract. Requests to proceed on services shall only be considered valid direction from the City upon written, which shall include email correspondence, authorization from the City's contract principal identified herein. City of Aspen: BBC: Julie Ann Woods Ford C. Frick Community Development Director Managing Director Contract for Services: BBC Research and Consulting Retail Consulting Services Page 5 H:\econ sustainXBB C_contract.doc City of Aspen BBC Research and Consulting 130 South Galena Street 3773 Cherry Creek N. Drive, Suite 850 Aspen, Colorado 81611 Denver, CO 80209-3827 12. Non-Discrimination. No discrimination because of race, color, creed, sex, marital status, affectional or sexual orientation, family responsibility, national origin, ancestry, handicap, or religion shall be made in the employment of persons to perform services under this contract. BBC agrees to meet all of the requirements of City's municipal code, Section 13-98, pertaining to non- discrimination in employment. 13. Waiver. The waiver by the City of any term, covenant, or condition hereof shall not operate as a waiver of any subsequent broach of the same or any other term. No term, covenant, or condition of this Agreement can be waived except by the written consent of the City, and forbearance or indulgence by the City in any regard whatsoever shall not constitute a waiver of any term, covenant, or condition to be performed by BBC to which the same may apply and, until complete performance by BBC of said term, covenant or condition, the City shall be entitled to invoke any remedy available to it under this Agreement or by law despite any such forbearance or indulgence. 14. Execution of Agreement by City. This agreement shall be binding upon all pa~ies hereto and their respective heirs, executors, administrators, successors, and assigns. 15. General Terms. (a) It is agreed that neither this agreement nor any of its terms, provisions, conditions, representations or covenants can be modified, changed, terminated or amended, waived, superseded or extended except by appropriate written instrument fully executed by the parties. (b) If any of the provisions of this agreement shall be held invalid, illegal or unenforceable it shall not affect or impair the validity, legality or enforceability of any other provision. (c) The parties acknowledge and understand that there are no conditions or limitations to this understanding except those as contained herein at the time of the execution hereof and that after execution no alteration, change or modification shall be made except upon a writing signed by the parties. (d) This agreement shall be govemed by the laws of the State of Colorado as from time to time in effect. Contract for Services: BBC Research and Consulting Retail Consulting Services Page 6 H:\econ sustain'tBB C_contract.doc IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agj:eement in three copies each of which shall be deemed an original on the date hereinafter written. ATTESTED BY: CITY OF ASPEN, COLORADO: City Manager City of Aspen Date: <~'-t/q~' ~ 2 WITNESSED BY: BBC Research and Consulting : BBC Research and Consulting Date: ~"~ I~( ,. O'P~ Contract for Services: BBC Research and Consulting Retail Consulting Services Page 7 H:\econ sustainkBBC_contract.doc EXHIBIT "A" to Professional Services Agreement Scope of Work and rate schedule (See Attached) Contract for Services: BBC Research and Consulting Retail Consulting Services Page 8 H:\econ sustain~BBC_contract.doc ~~ Exhibit A P, zs , p, cH CONSULTING 3773 Cherty Creek North Drive Suite 850 Denve- Colorado $0209-3827 303.321.2547 fax 303.399.0448 May 16, 2003 Mr. Steve City Manoger City o£Aspen 130 S. Galena Street Aspen, Colorado 8161! Re: Aspen Retail Analysis Dear Steve: Thank you ve.ry much for your ~n~dtation to propose on the Aspen Retail assessment. We appreciate your giving the consultants considerable flexibility in suggesting how this effort should be approached. We've assembled a very experienced retail team with the breadth of talent necessary to tackle the multi-disciplinary issues underlying retail and commercial revitalization in Aspen. Our approach to this study is shaped in part by a recognition that commercial stagnation in Aspen · ' has received considerable recent attention, generated a great deal of data and analysis, and produced ample public debate along with various proposals for action and reform. We are familiar with most of these analyses, having participated in some, induding the 1999 Downtown Study and the recent Economic Sustainability Report, and having reviewed the remainder as a result of other proiects in the area. The consultants will have a strong base of data and past community involvement to start this effort. Our Team We have assembled a tightly focused project team to ensure that BBC' Research & Consulting's (BBC) knowledge of resorts, resort retail and resort market trends is supplemented with practical knowledge of retail development feasibility, commercial leasing economics, retail management and -- retail design. Key participants are: · Ford Frick - BBC Research & Consulting Ford has over two decades of experience in resort development market and economic analysis and considerable local experience including very recent retail redevelopment analyses in Snowmass. Carbondale and Avon, Colorado. He has completed a broad array of retail market studies and commercial revitalization studies in resorts across the West. Page 2 · Brad Kornfield - Kornfleld Koslosky Properties, LLP (KKP). Brad is a real estate attorney and an owner, operator and developer of retail projects. KKP has developed and managed over 3.5 million square feet of retail space including projects in Eagle and Summit Counties and elsewhere in the Rocky Mountain region. Brad brings practical retail ownership, leasing, legal and development experience to this proiect, and offers an informed and realistic perspective on current retail trends and developmenr economics. · Henry Beer - CommArts. Henry is an internationally known retail designer specializing m connecting the concepts of place and brand. Communities, shopping districts, retail developers and resorts have all used CornmA~s to assist them in creating workable, successful and compelling experiential environments. Henry's retail prolecrs have ranged from Park Meadows Mall in Denver to million plus square foot complexes in New York and Singapore. All members of the team have long standing professional and personal ties to the Aspen area. Each member different retail issues: function and brand brings perspective design, on straregles, ownership, tenancy and management logistics, and resort market and commumty trends. We have all worked together in the past. We are hoping that members of the Aspen Sustainability and Infill Committees will remain engaged in this effort to ensure that their pasr efforts will continue to be well represented. Resumes and additibnal background materials are appended to this proposal Project Objectives The purpose of this study ~s to quantif7 and characterize Aspen's current retail position, articulate communit7 goals for Aspen's retail core, and develop practical strategies for spurring the community's retail revitalization. It is anticipated that this study will serves as a roadfor the new map downtown liaison position that will be £tlled later this year. Analysis Approach Traditionally, urban retail development is a "reactive" business, which is to say retail development and retail success is generally dependent upon the growth of jobs and the availability of local household income. Urban development is a reasonably formulaic business operating under the basic retail equation: Traditional retail demand = number of household x hovaehold income x percent spent on retail As a community grows so too will the demand for retail space. Individual project location, convenience, price and product variety will determine where and what nature of retail is successful. Resort retail is far more complicated because it is driven by different factors: Resort retail = "number of guests x length of stay x discretionary spending) + resident spending Page 3 Most notably, resort retailing is reliant on discretionary spending, i.e., guests may have the ability to spend, but they don't have the requirement to spend. Thus, resort retail success isn't so much a product of convenience and price, but has more to do with the attractiveness and quality of the retail experience, the product and service mix and the creation of compelling retail environments. The complexity and non-quantifiable elements of resort retail markets requires a broader, multi- disciplinary approach to retail opportunity analysis. Simply stated, in the resorts, the numbers don't tell the whole story. Aspen once hosted an extraordinary commercial environment, probably a better functioning retail core better than any other mountain resort, bur it isn't working as well as ir once did. This project is about identifying what has happened, what factors have contributed to Aspen's decline, what can be considered realistic expectations for revival, and how can revitalization can be stimulated. Technical Approach We suggest a four-task approach, building on the work that has been done to date and engaging the different perspectives offered by each team member. Our project organization is straight forward: Task 1 will organize ail existing data and inform participants; Task 2 w'dl incorporate an aggressive outreach effort to engage the retail, landlord and business community, as well as all interested members of the community, in analyzing the Aspen experience; and Task 3 will be analysis and synthesis by the consultants, Task 4 will involve reporting final results. These efforts are described in greater detail below. Task 1. Data collection, anatysis and public participation. BBC wi~[ spearh~d the T~sk 1 data collection and assimilation effort, ultimately assembling a notebook of relevant past studies, city and state data on retail sales performance, information on visitor market trends, inventories of Aspen retail operanons, and data on trends in down valley competition. We will seek out int'ormafion on each of the variables and trends identified below as a starting point for basic market supply and demand analyiis. These notebooks will be provided to all team members and serve as a common base of data for ongoing use, re~:lew and comment. Page 4 Exhibit 1 reflects the traditional factors that determine retail success and failure. Task 1, which is primarily a data collection effort, will focus on these factors. Exhibit 1. Retail Analysis Key Market Variables ...................... · '. Market size (residents and visitors) .:. income or available $ Demand o Visitor spending -, Demographic -:. Market character and relationship to retail ~.. Amount [sq. ft.); location ~. Character/variety/ambiance · :. Functionality, organization · Support (e.g., parking, lighting, signage) Supply · :. Complementary uses ·:. Safety · Marketing, events, attractions .:. Competition BBC will also complete a comparables analysis of other resort communities to determine how their experience compares with Aspen's. BBC recent retail work in Breckenridge, Mammoth, Telluride/Mountaln Village, Steamboat Springs and elsewhere will be helpful in developing meaningful comparisons. Task 2. Assimilation and analysis. The full team will meet in Aspen for three days of working sessions, which will focus on reviewing and discussing the implications of the data notebook and resting the logical conclusions of the empirical data with local retailers, property owners, elected representatives, and interested citizens. BBC, with local assistance, will organize key person interviews to engage storeowners, merchants, landlords and others with an interest and knowledge of the Aspen retail environment. Page $ We anticipate setting up a temporary office, perhaps at the municipal building or the ACRA offices, and inviting interested persons to ioin us for informal focus groups or individual discussion about the nature, trends and prospects for Aspen retail, At these meetings we will share our data collection results and mutual review observations, interpretations, conclusions, dnd issues. We will supplement this process with aggressive outreach efforts to engage knowledgeable persons who might not be available to join us in this process, including contacts from other resorts and retail centers around the country. Through our team's contact with the Inrernational Council of Shopping Centers, IICSC), we believe we can extend this conversation to Aspen's second home community, many of whom are active ICSC parucipants with impressive credentials in national retailing and a true passion for and commitment to the Aspen community. Our initial informal contacts indicate a high leVel of intereSt in this kind of participation, as well reasonable availability during the summer months. We would welcome the input of these national retailing participants and expect a challenging set of reactions, observations and offers of assistance. Task 3. Draft conclusions, strategies and recommendations. In the above process, the Aspen retail/commercial experience wilt be sorted through the respective lens of each team participant: retail designer, marl(et analyst and retail developer/manager, while at the same nme engaging the community in informal discussions of retail changes, trends, causes and prospective The project team will complete final, follow-up investigations in response to what we heard and develop findings regarding Aspen and regional retail trends, and contributing causes and weaknesses -- in essence a diagnoses of Aspen's retail malaise and recommendations for remedy. We will draw upon the team's practical knowledge and experience in retail development and positioning to fashion recommendations for addressing these problems and stimulating retail reVival. We expect to tackle the breadth of issues confronting Aspen retail, including the costs and benefits of the new Infill proposal, the loss of locally oriented merchants, the growing down valley comperiuon, and the problems of non-retail incursions into the retail core. The project team will recommend enhancement strategies and public regulatory and investment options aimed at short and long term stimulation of Aspen retailing. Along with individual strategies, we expect to offer at least three bundles of options each tied to a different level of public engagement. One option might be a more passive strategy aimed at accommodating current trends and emphasizing maintenance of the historic Aspen experience. Other strategies will focus on increasingly interventionist efforts to change course. A final option will offer an aggressive set of actions, suggesting considerable public engagement in snmulating or managing the local retail markets and retail supply. Task 4. Report and presentation. With participation of the full team, BBC will draft a report documenting the baseline findings, the analytical process, conclusions, strategies and recommendations. Key project team members will participate in a public presentation of results at an Aspen City Council meeting. Page 6 Administration This project will be under BBC's direction and we will have final responsibility for report publication. We assume that a City contact will be defined to help coordinate our efforts and help with local contacts. We expect that a large share of this assignment will require senior personnel. Some iunior staffwill help with data collection and repor~ preparation, but the value of this team lies primarily in the experience and knowledge of its senior members. The principals from each firm will be in Aspen for working sessions, public participation and presentations. Professional fees will not exceed $65,000. Costs estimates are based on the following hourly rate.~ and a commitment of over 450 total person hours. Exhibit 2. Professional Fees - Hourly Rates Principal $180 $1 75 $200 Senior Associate 140 125 Associate 110 100 Support 60 60 Based on 20 person days at $200/day plus mileage expenses from Denver, direct expenses, per diem, overnight expenses, travel and long distance phone will not exceed $6,000. Most travel will be by car unless more cost effective air travel becomes available. Total project costs will not exceed $71,000. Qualifications We have assembled a superb team for this assignment acknowledging that resort retail success is about the quality of experience as much as tt is a formula of market size and income. We anticipate that if Aspen wishes to reinvigorate its retailing experience it will have ro acknowledge practica] retailing realities, and we have engaged the appropriate talent to reflect that perspective. Finally: we have structured an approach that is straightforward, but ensures that the community will have maximum personal engagement with the full consulting team for all those who wish to participate. Additional materials and examples of similar work are appended to this proposal. We appreciate your consideration and look forward to hearing from you. Sincerely, Ford C. Frick Managing Director RESEARCH (~ aoa.~21.~47 CONSULTING v,,w,bbcresearch.com ~;~bbcrese~rch.corn MEMORANDUM To: Steve Barwick & Julie Ann Woods From: Ford C. Frick. BBC Research & Consulting Re: Aspen Retail Workscope Supplement Date: June $o, ~005 This memo offers further detail regarding BBC's workscope for the Aspen retail study. This memo is the product of our recent discussions and your recent meetings with the Aspen Merchants Retail Association. The memo supplements our May 16. ~o0~ proposal. Our May proposal describes project objectives, the BBC team and our general approach. Our discussions over the past few weeks have not fundamentally altered our approach to this assignment, but it has allowed us to refine some of the details regarding how we expect to interact with the retail community and how we will organize the analytical process. Project Objectives The purpose of this study is to quantify and characterize Aspen's current retail position. articulate community goals for Aspen's retail core, and develop practical strategies for spurring the commumry's retail revitalization. The consultant will work closely with the Aspen business commumry and the final product will reflect community's perspective as well as the consultant's expertise. Approach Our May proposal describes a multi-step process beginning with situational analysis and data collection, followed by assimilation, analysis, and finally conclusions, strategies and recommendations. We had accommodated stakeholder participation through a series of personal interviews, focus groups and workshops. Based on your recent meetings with the Merchants Association we suggest some refinement to this approach· Instead of the informal workshops and focus groups initially proposed, the project team will host four structured meetings during the course of this project. These meetings are summarized below· Page2 Exhibit 1 Aspen Retail Analysis -- Meeting schedule · KKP Presentation: Retail synergy, tenanting strategy, retail mix & inventory, landlerd pempective, retailing trends, Eady October · Participant workshop At each meeting, we envision a brief presentation by the consultants covering each of the above perspectives on the Aspen problem, followed by an informal workshop and discussion regarding implications for Aspen, and what these observations mean for defming a revitalization strategy. Following each meeting, the consultant team will summarize the workshop results for a review session that will start the following workshop. It is hoped that this process will cumulatively allow a full airin'g of the issues and prospective solutions for Aspen's downtown and retail communities. Strategies for stimulation will be identified early in the process and continually evaluated as information and new perspectives are developed At the end of the four sessions, BBC will prepare a report, thai offers an assessment of the current situation, a review of important trends, a comparison with other resort commmxities, results of our workshops and recommendations for marketing, promotion, public investment, policy changes and/orregulatory reforms that will spur support of Aspen's downtown and its retail businesses. .... Cllent~ 71 9 BBCRESE , ACORn, CERTIFICJ TE OF LIABILITY INSURANCE I ~/-/-""'"~*'"'~ ' H~H ~ Co~ ONLY AND CONFERS ND EIG~S UPON THE CE~IFIcATE HOLDER. THIS c~IFICATE DOES NOT AM~ E~ENO OR 720 S. Colorado B~d ~e PH N ALTE~THE cOVE~GE ~FO~DE~,,~YTHE ~LICI~ ~. , ...... P.O. BOX Delve, CO BBC 3~3 Che~ Creek ~er, CO 80209~827 wm~ c~e.~&.~ ~o og101103 09/0t~4 L~bili~ ~{y if re~i~ by w~en Lpli~ on~ as r~= o~ing ~ Insured for the Celeste Holder. All coverage te~s, conduits; t~ ~li~ ~n~) cANCELaTION e A~RD CO~O~TmN IMPORTANT If the setti~cate holder an ADDITIONAL INSURED, the policy(lee)mLtSt ba endorsed. A~atement on this ~e d~es co~fer flgh~ to the ~e~lfl~te h~lder in lieu ~ ~u~h e~dememe~s~ If SUBROGATION I~ ~ dVED, subJe~ to t~te~s and ~n~ions oft~ ~ll~, ce~ain polices m~ mqul~ an endomemee A s~e~[ on this ee~cate do~ not co.er dgHts to the holder in l~u ~ SU~ DISCLAIMER The Certificate ofh~sum~ ;eon the reverse.side of this form doesnat, constitute s co~ract between the isSuing insurer(S), al hatched representative ar producer, and the certifiCate holder, ~er does it effirmetk, aly or rtegetivel s~end, eXtend or alter th~ coverage afforded by the polio{es I~sted ~herao~. ACOeO 2S.S (:~0atme} 2 of 3 ilT.~s24/M't74'ts6