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HomeMy WebLinkAbout428257 DUBBERLY GARCIA ASSOCIATES - CONTRACT - RFP - P1084 LIBRARY DISTRICT CONSULTANTPROFESSIONAL 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 on behalf of THE FORT COLLINS REGIONAL LIBRARY DISTRICT and Dubberly Garcia Associates Inc 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 the scope of services attached hereto as Exhibit "A" consisting of One (1) page 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 Five (5) pages and incorporated herein by this reference 3 Contract Period This Agreement shall commence upon signing and shall continue in full force and effect until July 31 2008 unless sooner terminated as herein provided 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 I City With Copy to Dubberly Garcia Associates Inc Fort Collins Regional Library District City of Fort Collins Attn Ronald Dubberly Attn Jeff Barnes Attn Purchasing 1195 South Harrison Street PO Box 580 PO Box 580 Denver CO 80210 Fort Collins CO 80522 Fort Collins CO 2/9/00 A� FORT COLLINS REGIONAL LIBRARY DISTRICT STRATEGIC PLAN PROPOSED STRATEGIC PLANNING TASKS RESPONSIBILITY MONTH December 2007 Assist Library Director and designated staff in preparing presentation on Consultant Library services activity levels resources and the community as background for the first Community Planning Community Planning Committee meeting December 2007 Prepare overview information on Library services activity levels and Library staff resources and the community as background for first Community Planning Community Planning Committee meeting January 2008 Distribute orientation packets to members of the Community Planning Library staff Committee January 7 2008 Present orientation session (60 minutes) for the FCRLD Board (Library Consultant 4 00 p m Board meeting) (Site Visit 1) January 7 — 8 Present two orientation sessions for library staff (90 minutes per session) Consultant 2008 (Site Visit 1) January 7 — 8 Tour library facilities (Site Visit 1) Consultant 2008 February 7 2008 Facilitate first meeting of the Community Planning Community Planning Consultant JG 2 00 — 7 00 p m Committee to identify community vision and needs and to select preliminary service priorities (Site Visit 2) February 8 2008 Meet with Library Management to discuss process to be used in obtaining Consultant 9 00 — 11 30 a m feedback from the Board and the library staff on the preliminary service priorities (Site Visit 2 Dubberly Garcia Associates Inc Page 2 FORT COLLINS REGIONAL LIBRARY DISTRICT STRATEGIC PLAN PROPOSED .STRATEGIC PLANNING TASKS RESPONSIBILITY MONTH Between first and Provide off site coaching for designated staff who will facilitate meetings Consultant second planning of the Library staff and one meeting of the Board during which they will meetings review the Community Planning Community Planning Committee s preliminary recommendations Between first and Review and discuss Community Planning Community Planning Library Management second planning Committee s preliminary recommendations with the Library Board and meetings staff Between first and Prepare summary report reflecting comments received from Library Board Library Management second planning and staff for presentation at second meeting of the Community Planning meetings Community Planning Committee Between first and Review summary report reflecting comments received from Library Board Consultant second planning and staff and recommend revisions as appropriate meetings March 6 2008 Facilitate second meeting of the Community Planning Community Consultant 2 00 — 7 00 p m Planning Committee during which the Community Planning Committee will discuss comments received from the Library Board and Library staff concerning the preliminary service priorities for the Library and the Community Planning Committee will select the final service priorities to recommend to the Library Board ( Site Visit 3) March 7 2008 Facilitate a discussion with library staff to discuss possible goals and Consultant 9 00 — 11 30 a m objectives and to discuss methods to obtain input from library staff and Board (Site Visit 3) Dubberly Garcia Associates Inc Page 3 FORT COLLINS REGIONAL LIBRARY DISTRICT STRATEGIC PLAN PROPOSED STRATEGIC PLANNING TASKS RESPONSIBILITY MONTH March 7 2008 Facilitate a discussion with library staff to identify organizational Consultant 9 00 — 11 30 a m competency issues that will need to be addressed to support the recommended seance priorities (Site Visit 3) March 7 2008 Facilitate a discussion with library staff to select the process that will be Consultant 9 00 —11 30 a m used to develop a statement of the Library s values March 2008 Identify policy issues on topics such as facility site selection and facility Consultant resources and facilitate Board discussion regarding criteria that would need to be developed March 2008 Develop discussion documents on facility related policy issues Consultant March 2008 Draft goals and objectives based on selected service responses Consultant — JG March 2008 Draft organizational competencies and initiatives Consultant March 2008 Provide off site coaching for designated library staff who will facilitate the Consultant staff review discussion and recommended revisions of the draft goals and objectives March 2008 Provide off site coaching for designated library staff who will facilitate the Consultant staff review discussion and recommended revisions of the draft organizational competencies and initiatives March 2008 Provide off site coaching for designated library staff who will facilitate the Consultant process to create the Values statement March 2008 Review and propose revisions to goals objectives organizational Library staff competencies and initiatives Dubberly Garcia Associates Inc Page 4 FORT COLLINS REGIONAL LIBRARY DISTRICT STRATEGIC PLAN PROPOSED STRATEGIC PLANNNG TASKS RESPONSIBILITY MONTH March 2008 Revise draft goals objectives organizational competencies and Consultant Initiatives April 7 2008 Review and approve in concept the goals objectives organizational Library Board coin etencies and initiatives (Library Board meeting) April 7 2008 Discuss policy issues on topics such as service delivery guidelines facility Library Board site selection and/or facility resources Library Board meeting April 2008 Develop a process for identifying and evaluating activities Consultant April 23 — 24 2008 Plan and present a 2 0 day training program for Library staff on identifying Consultant — JG and evaluating activities and on allocating resources (Site Visit 4) April 25 2008 Post all training documents worksheets and instructions on the Planning Consultant Web site May 5 2008 Review revise and adopt the Library Values statement (Library Board Library Board 4 00 p m meeting) May 5 2008 Discuss and/or adopt policies related to library facilities and/or other Library Board 4 00 p m topics related to the strategic plan (Library Board meeting) May 2008 Identify and evaluate current and potential activities for each goal ibrary staff May 2008 1 Provide off site coaching for library staff in assessing effectiveness of posed activities for each unit for each a May 2008 1 Merge accepted activities into a single list Dubberly Garcia Associates Inc Consultant Library Management Consultant Page 5 FORT COLLINS REGIONAL LIBRARY DISTRICT STRATEGIC PLAN PROPOSED STRATEGIC PLANNING TASKS RESPONSIBILITY MOWN May 2008 Identify facility related implications of service responses and effective Consultant activities Propose facility modifications that would support the identified library services May 2008 Identify preliminary resource requirements for effective activities and Library staff organizational initiatives May 2008 Review preliminary resource requirements for effective activities and Library Management organizational initiatives and recommend revisions May 2008 Draft Strategic Plan and submit to Library Management for review Consultant May 2008 Review draft Strategic Plan and identify necessary changes Library Management May 29 2008 Facilitate the third meeting of the Planning Community Planning Consultant 2 00 — 4 00 p m Committee to review goals objectives and representative activities (Site Visit 5) June 2 2008 Present Strategic Plan to the Library Board (Site Visit 6) Consultant June 2008 Revise draft Strategic Plan Document to include goals objectives Consultant representative activities organizational competencies and representative initiatives Plan will include as appropriate current usage patterns geographic areas population centers and projections existing library facilities and a FCRLD needs assessment including topics such as services collections technical functions usage and facilities July 2008 Adopt Strategic Plan Library Board Any necessary changes to project dates listed in the above table will be made by mutual agreement between Library Management and Professional (Dubberly Garcia Associates Inc) R j.o iP p�.3 Dubberly Garcia Associates Inc Page 6 EXHIBIT C FEE SCHEDULE CM Of FORT COLLM PLANNING CoNsucrANi PFddpow Foo Ct7tta46 REGM!)tl It UNARY DWRiCr D. PROPOSED COSTS Thus section provides proposed costs forptourding utrategse planning sentccs to the Forr Collins Rcgtrmal Library District, as oudmcd In this ptoposal 1. SrrE V1sm 7be projected number of sire N-mu; is six (6) far a total maximum of ele%en (11) consultant days on site as detattcd in Appendix Four The estimated total reimbursable expense cost of on -site watts is 53,550 This amount torludes expenses reimbursable at txmsi lrmt cost for items such ai automobile travel, lodging, meals, and incidentals Dubbed% G atria Assocaatcs tnc proposes to complete the consultant tasl.s described in this proposal for a lump Rum prof al services fee of twenty sax thousand four hundred dollars ($264OD) plus estimated reimbursable expenses Reimbursable expenses, mvmccd at cost, arc not expmtcd to exceed three thousand fire hundred fifty dollars (53,5A Tbc total combined cost of professional fees and tetmbunab#c expenses arc twenty-nmc tbousand time hundred fifty dollars ($29 9SO l ortns, worksheets, draft and final reports and other plaenuig proce-s documents will be provided to the Fort Colhus Regional Librar) Dwtrtct as electronic files in PDF format for its printing and dtambuoon We do not anticipate providing sripptres or printed copses of reports or intemn documents We look forward to learning more about ) our needs and to tailoring the project tasks, deliverables and reimbursable expenses 29 appropriate The proposed fee and cornburliable expenses amount assumes III 'it the number of site VNM and consultant days on site will not exceed the number outlined in this Seruon (D) Section C and Appendix Flour rOCia9E401 2007 DU9araLY%ARMAISOCIATtS INe Nor 13 L/Y/UU CITY OF FORT COLLINS FORT COLLINS REGIONAL LIBRARY DISTRICT PLANNING CONSULTANT PROPOSAL This proposal anticipates that the I ort Collins Regional Library District will provide to Consultant, at no expense to Consultant, pertinent hbrary data and written reports ,is may be required by Consultant for purposes related to the Work, including but not hmitLd to data on current services, service activity levels, and facilities Such data and written reports, when extant, will be provided in electronic file format compatible with `Microsoft Word" word processing software applications or ` Microsoft Excel spreadsheet software applications, as appropriate to the content or other mutually acceptable format 3 ADDITIONAL SERVICES OPTION Additional services, if any provided by Consultant must be agreed to in writing by both pat ties Additional services, if any authorized by the Fort Collins Regional Librar) District and performed by Consultant during the term of this agreement will be compensated at the rate of $205 per hour or for a fixed amount(s) as mutuallv agreed by the parties OCTOBER 01 2007 DUBBERLY GARCIA ASSOCIATES INC PAGE 14 -rlqA Exhibit C Payment Milestones Schedule Milestone Substantial Completion Milestones Payment Numbers Amounts Consultant completes orientation of Library to planning process, $2,500 complete project planning, and visit libraries (Site Visit 1) 2 Consultant facilitates first Planning Committee meeting and $3,500 meets with Library Management (Site Visit 2) Consultant facilitates second Planning Committee meeting and $3,500 meets with Library staff to discuss possible goals and objectives (Site Visit 3) 4 Consultant drafts goals and objectives & organizational $3,000 competencies and initiatives 5 Plan and present training program for Library staff on identifying and $4,650 evaluating activities Visit 4) 6 Identify facility related implications of service responses and $3,500 effective activities Propose facility modifications that would support the identified library services 7 Consultant prepares initial Strategic Plan and submits to Library $2,500 Management for review 8 Consultant facilitates third Planning Committee meeting and $1,750 presents Strategic Plan to Library Board (Site Visit 5) 9 Consultant revises and submits revised draft Strategic Plan $1,500 Report Total Milestones Payments $26,400 * Payment upon substantial completion Substantial completion might not be in the order as presented in the above list Professional fees shown are in addition to reimbursable expenses, not anticipated to exceed $3,550 SP EW U PAGE 1 of 1 Dubberly Garcia Associates, Inc ATLANTA & DENVER Dubberly Garcia Associates, Inc Atlanta Office 4288 Glengary Drive NE Atlanta, Georgia 30342 Request for Proposal — Strategic Long -Range Plan (P1084 Library District Consultant) Proposal Due October 03, 2007 @ 3 00 PM (Our Clock) MDT 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 Professionals obligations under this Agreement Such payment shall be the Professional's sole right and remedy for such termination 5 Design, Proiect 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 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 6 Compensation In consideration of the services to be performed pursuant to this Agreement the City agrees to pay Professional a fixed fee in the amount of Twenty Six Thousand Four Hundred Dollars ($26 400 00) plus reimbursable direct costs in accordance with the Fee Schedule attached hereto as Exhibit "C" consisting of One (1) page and incorporated herein by this reference All such fees and costs shall not exceed Twenty Nine Thousand Nine Hundred Fifty Dollars ($29 950 00) 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 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 2/9/00 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 Proiect Drawings Upon conclusion of the protect and before final payment the Professional shall provide the City with reproducible drawings of the project containing accurate information on the protect 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 l.P older then the established city standard r10�����b�i1i1Q1, oa 9 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 10 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 Professionals compensation hereunder for the payment of FICA Workers' Compensation other taxes or benefits or for any other purpose 11 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 12 Acceptance Not Waiver The Citys 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 2/9/00 74P 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 13 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 14 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 15 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 16 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 17 Prohibition Against Employing Illegal Aliens This paragraph shall apply to all Contractors whose performance of work under this Agreement does not involve the delivery of a specific end product other than reports that are merely incidental to the performance of said work Pursuant to Section 8-17 5-101 C R S et seq Contractor represents and agrees that a As of the date of this Agreement 1 Contractor does not knowingly employ or contract with an illegal alien and ;MW 2/9/00 2 Contractor has participated or attempted to participate in the basic pilot employment verification 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 Basic Pilot Program ) in order to confirm the employment eligibility of all newly hired employees b Contractor 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 Contractor shall continue to apply to participate in the Basic Pilot Program and shall in writing verify same every three (3) calendar months thereafter until Contractor is accepted or the public contract for services has been completed whichever is earlier The requirements of this section shall not be required or effective if the Basic Pilot Program is discontinued d Contractor is prohibited from using Basic Pilot Program procedures to undertake pre- employment screening of job applicants while this Agreement is being performed e If Contractor obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien Contractor shall Notify such subcontractor and the City within three days that Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien and 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 Contractor 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 Contractor 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 2/9/00 `^0 Department undertakes or is undertaking pursuant to the authority established in Subsection 8175102(5) C R S If Contractor 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 Contractor shall be liable for actual and consequential damages to the City arising out of Contractors violation of Subsection 8-17 5 102 C R S The City will notify the Office of the Secretary of State if Contractor violates this provision of this Agreement and the City terminates the Agreement for such breach THE CITY OF FORT COLLINS COLORADO By (Ja,i0hes B O Neill II CPPO FNIGP Direct6pdf Purchasing & Risk Management DATE Z1 Dubberly,,Garcia Associates Inc By 79 14delLr Title CORPORATE PRESIDENT OR VI0r= PRESIDENT Date Lo f— Od' ATTEST / `,.ten , (Corporate Seal) Corporate Secretary 2/9/00 EXHIBIT A SCOPE OF WORK The planning process will be based on the Public Library Associations Planning for Results 2007 and will include input from community leaders staff and board members It will be based on understanding what the community served by the library values and then determining how the library can help support those values The consultant will work with the staff and board of the Fort Collins Regional Library District to complete a strategic plan that identifies the service priorities for the library A suggested timeline of potential/proposed building projects including expansion/renovations to existing facilities should be listed in priority order When the service priorities have been approved by the board the consultant will work with staff to write goals and objectives and to identify the organizational competencies that will be required to accomplish those goals and objectives Library administrators and staff will identify activities that will support the goals and objectives and begin to determine the resources required to implement the selected activities The consultant will develop a process to identify and evaluate current and proposed activities and train staff to use the process The consultant will assist the library administrators to evaluate activities and identify the changes that will be required in the library s infrastructure to support the selected activities • The library system as a whole should be analyzed taking into consideration current usage patterns geographic areas population centers which include neighborhood projections and analysis the analysis of existing library facilities and any other relevant information that would help determine whether new facilities will be needed • Conduct a detailed needs assessment for the FCRLD system which includes but is not limited to its services collections technical functions usage patterns and facilities Throughout the project the consultant will work with library managers to help them to develop the skills they need to execute the project in the future The consultant will provide on site facilitation worksheets and instructions and coaching by email and phone and a detailed strategic service plan submitted at the close of the project 2/9/00 %f �I'I EXHIBIT B WORK SCHEDULE 2/9/00 FORT COLLINS REGIONAL LIBRARY DISTRICT KEY TASKS AND GENERAL TIMELINE - OCTOBER 20, 2007 .STRATEGIC PLAN PROPOSED STRATEGIC PLANNING TASKS RESPONSIBILITY MONTH October 2007 Contract signing and notice to proceed Library Management Consultant October 2007 Select staff member to be the primary liaison with the Consultant during Library Director the strategic pl nning process October 2007 Conduct conference call to review project tasks and responsibilities and Library Management develop project schedule Consultant October 2007 Establish and maintain Fort Collins Regional Library District Planning Web Consultant site October 2007 Provide information to Library management about role of the Community Consultant Planning Committee and the type of individuals that should be asked to serve November 2007 Appoint Community Planning Community Planning Committee Library Director Board Chair November 2007 Provide coaching for staff responsible for developing orientation packets Consultant for the members of the Community Planning Committee December 2007 Develop orientation packets to members of the Community Planning Library staff Committee Dubberly Garcia Associates Inc Page 1