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HomeMy WebLinkAbout398973 GREENPLAY LLC - CONTRACT - RFP - 27408 P1024 PARKS RECREATION POLICY PLAN UPDATEPROFESSIONAL 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 GreenPlay LLC., 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: Scope of Services. The Professional agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of fourteen (14) 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 "A", consisting of fourteen (14) 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 May 30 2007, 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: City: With Copy to: GreenPlay LLC. City of Fort Collins, City of Fort Collins, Purchasing Attn: Chris Dropinski Attn: Craig Foreman PO Box 580 3050 Industrial Lane Ste 200 PO Box 580 Fort Collins, CO 80522 Broomfield, CO 80020 Fort Collins, CO 80522 Standard Professional Services Agreement- rev08122/06 •^F Invite public participation, education and feedback by providing sample press L releases and website updates. O$ Statistically -Valid Survey We believe that a statistically -valid survey is crucial in getting reliable information from the residents of your community to establish a baseline for setting realistic and achievable goals in the Master Plan. We believe it is the only method that gives us statistically valid information, not only from the users, but from your non -users who are also taxpayers and voters. v GreenPlay works with a selection of capable firms that specializes in creating, performing, and analyzing these types of surveys. We will work with the survey firm to administer a statistically -valid random sampling Needs Assessment Survey of a minimum number of households based on the estimated population of the community. ' The survey will be administered by mail with telephone follow up if needed to obtain desired valid results. Questions on the survey will be developed in partnership with GreenPlay project staff and the City's Project Team. The survey instrument will be administered at a timeline within the project where the information can best be used to help break down barriers and build consensus. 10 Lo The Parks and Recreation Survey questions will be drafted based on survey design by the GreenPlay Team, as well as during a meeting with staff and project team, and appropriate input from other various sources. The questionnaire will address issues identified during any previous processes, along with standard questions related to needs and services. We will ask questions about what types of activities, facilities, and services residents want in their parks and recreation system, level of current usage, primary providers of services, alternative providers, quality and satisfaction levels with existing services and facilities, and willingness to pay for new services and facilities. We will incorporate questions that are of particular interest regarding the City of Fort Collins Budgeting for Outcomes budget process for capital, operations, and maintenance allocations. The survey will not exceed five panels (81/2 by 11) with a cover letter, ensuring that the survey can be created in a booklet format with the first page as the cover letter and the total packet not to exceed an 11x17 sheet plus an 81/2 by 11 sheet. We will use postage paid return envelopes addressed to the survey firm for this project. Sample sizes permitting, a sub -analysis will be performed to help analyze and compare results by second home owners vs. resident occupied units, renters vs. owners, registered voters vs. non -voters, by length of residency in the community, and by various demographic characteristics. The survey instrument will be carefully I' constructed to be understood by respondents from throughout the community, and results of overall needs will be tallied and summarized, and any comments will be included in the summary of results. 4ASrWU� Helping You Achieve Your Goals .Jg The survey will be mailed to approximately 3,500-4,000 households with an expected L. statistically -valid return rate of 20-25% giving a margin of error of +/ 4.5 to 5.0% at 0 the'aggregate level, depending on response. If the City helps to promote the survey through media and other channels, the return rate may be higher and margin of error lower. Optional Survey Component O As an option, phone surveys could be completed if needed to achieve statistically -valid results. Mail surveys sometimes raise questions about the "non -respondents" to the survey. As such, a mail survey coupled with a telephone survey follow-up provides, in essence, the best of all techniques —the comprehensiveness of a mail survey C combined with the validation of a random telephone survey process. The telephone follow-up would serve as a check against any possible non -response bias to the mail surveys, but, it would only be conducted if there is a belief that the respondents to the mail survey differ significantly from the demographics of the community at large as 'a measured through past community surveys. While we typically find little difference in responses between mail survey and telephone survey results, we have listed the (n telephone follow-up component separately as an additional optional service to 0 consider. It is also possible to modify a few of the questions in the phone survey to 06 address issues identified from the mail survey that need further probing or refinement. L. D. Demographic and Trends Analysis We will identify the constituency of the City of Fort Collins through a demographic analysis and market profile. We will compile all information available from previous planning efforts including the City's past and current planning efforts, the U.S. Census Bureau, and other national and local sources. The analysis will use approved methods to evaluate current and future users of recreation facilities, programs and services. We rely heavily on our state -of -the art technology and use approved methods to evaluate spatial information and qualitative information, and portray the demographic and related results in ways that are easy to understand, but highly representative of the actual and projected trends, growth, and levels of service. We will use improved analysis methods to examine trends, markets and alternative providers and how they can be used to forecast future needs. E. Inventory and Assessment of Existing Facilities and Level of Service Analysis We will develop a comprehensive assessment of the City's parks, trails, open space and special use facilities to determine current conditions, use patterns, environmental issues and economic impacts. In addition, we will include those services provided by other agencies that may impact the City. The assessment will include a comparative analysis to agencies of similar size and density using regionally and nationally accepted standards. The inventory will identify areas of parkland and trails needs and provide a verifiable basis for acquisition opportunities along with future parkland and trails development priorities. Grt[wour ° Helping You Achieve Your Goals This i2ntory will also include an analysis of best possible providers of community L ,F,ra'a'nd�creation services, and recommendations for minimizing duplication and/or Q e+incing possibilities for collaborative partnerships where appropriate. The iventory will be compiled and analyzed to provide complete information. We can work with all different types of information formats, and will produce final deliverables in both shape -file and textual formats that are dynamic and easily used in �t. 41 rI 0 a ®i a the future. The textual assessment will include a comparative analysis to agencies of similar size and density, both regionally and statewide, using nationally accepted standards and GRASPTm technology (details follow). Specific park types will be clearly defined. All mapping of facilities and open spaces will be incorporated into our dynamic digital database that becomes property of the City upon completion of the project. Level of Service Analysis - GRASPTm Methodology (Geo-Referenced Amenities Standards Program) - A Somewhat Different and Improved Approach Our team is very familiar with the traditional and historical practices for calculating Level of Service (LOG). Traditional LOS, often called the NRPA (National Recreation and Parks Association) standards method, is typically based on providing X number of acres or x number of facilities per 1,000 population (or "capacity analysis"). This methodology was developed in the 1970's and 80's, and the methodology is not accurate for the majority of public agency usage. Even most NRPA officials are now calling this standards methodology "obsolete". In order to create a way to standardize that is accurate, implementable, can be benchmarked, and is unique to your community, we have adapted these practices to a slightly different approach using a "composite values analysis". The composite values analysis methodology GreenPlay uses is proprietary and is called the Geo- Referenced Amenities Standards Program (GRASPTm). This methodology builds on the traditional capacity analysis, but can track not only the quantity (or capacity), but r quality of components of an entire parks, recreation, and/or open space system. We are now using this methodology nationwide in all of our Helping You., 4T GRASP -OPEN SPACE planning projects, teaching it to technical and planning firms around the US, and L. presenting it to agencies through local, state, and national association conferences and Q seminars. We also presented this methodology at the national American Society of Landscape Architects (ASLA) conference in October, 2004, and the National Recreation and Park Association (NRPA) Congress in 2005. 4m As a general summary, the following gives some specific outcomes of our GRASPTM Capproach. • While we still use it for comparisons, we are moving away from capacity Do analysis that relies on the broad and often ambiguous categorization of facilities C per thousand and have developed a system that looks at individual components V of service, such as ballfields, picnic shelters, trailheads, parking, wetlands, playgrounds, location -based programs, recreational amenities, special event venues, etc., and then measures the service that each component provides to the community. This would have been impossibly tedious before, but now is easy with the technology available to us. • We are using GIS to provide a better way of analyzing how any specific 0 location, home or business is being served by amenities. 06 • We are bringing a qualitative component into the measurement of service. O Traditional capacity methods of LOS analysis are lacking in this respect. L • We can evaluate the components and easily graphically display them for decision makers, quickly identifying gaps in service on a neighborhood, community, regional and/or community -wide basis. This also allows us to combine a population density factor into the traditional LOS equations. • This new methodology allows us to examine Levels of Service in a new and specific way. Your GRASPTM based LOS will not just be based on standards outlined for non -comparable cities in the 1980's, but will be specifically pertinent for your community. • For this project, GRASPTM inventory and analysis will be focused on the facilities (components) for events, sports and tournaments, and tennis. F. Evaluation of Recreation Programs and Trends Recreation programs and participant interests are constantly evolving, often reflected in community demographics, facility resources, evolving national, state and local interests and attitudes, and numerous other factors. The GreenPlay team will evaluate the program offerings in the community with particular attention to youth and adult tennis, adult softball, youth and adult soccer, skateboarding, youth in -line skating and in -line hockey, and dog parks, along with other activities that have shown significant participant growth or decline in the Fort Collins region. The evaluation will have particular relevance to Colorado though the review will consider broader perspectives that may be reflected nationally. Findings obtained through the GRASPTM Level of Service Analysis will be integrated into the evaluation to provide a fuller assessment specific to the Fort Collins community. G. Evaluation of Specific Current and Future Facilities Helping You Achieve Your Goals L ,At is iportant to evaluate opportunities for potential development as they relate to 0 c3'ges in demographics and subsequent recreational needs of the community. For s project we will evaluate the present and future uses and needs for three requested types of facilities - an outdoor large event facility, a ballfield and turf sports complex, and outdoor community tennis courts. GreenPlay has experience in designing and implementing decision -making and prioritization models. We incorporate the inventories, GRASPTm LOS methodology and needs assessment findings into mapping and tabular information that become management tools. The methodologies will ^� provide easily understood information that will help guide decision making for staff and elected officials from this point forward for these project areas. In addition, the �z decided upon parameters become easily explainable to the public, providing the justification and presentations as needed for managing the facilities and services. 1. Outdoor Large Event Venue Evaluation )We understand that there exists a demand for a large events facility in the community that is difficult to meet with the existing parks facilities. With the anticipated growth of the City it is expected that this demand will continue to escalate. From the community assessment data we will evaluate the needs for an outdoor large events Q facility that will accommodate large groups of people along with location specifications L to be considered in the future decision -making process. Our recommendations will provide site evaluations, the size and types of facilities that will best meet the am community needs, an accurate perspective of typical capital and operational costs for such a facility, along with other information pertinent to developing and operating a facility of this type. We will also formulate potential partnering opportunities for the t future development and operations of a large event venue in the community. 2. Ballfield and Turf Sports Complex Evaluation Our assessment data will allow the Project Team to evaluate the need for a ballfield and turf sports complex to serve both youth and adults in the community. The review will evaluate similar existing public and private facilities in and around the community and determine the level of need. We will subsequently develop recommendations for site locations specifications along with size, types and number of specifications, typical capital and operational and maintenance costs, along with other information pertinent to developing and operating this sports complex. We will also formulate potential partnering opportunities, potentially with Fort Collins Baseball, for the future development and operations of this complex. 3. Outdoor Tennis Courts Service Needs Evaluation We understand the need to evaluate the Citys existing inventory of outdoor tennis courts to determine the present and future needs along with deciding which locations best serve the community and where surpluses or deficits may exist. This review will include all area public -use tennis courts. The GRASPTm Analysis will provide assessment data on the quality of the tennis court inventory to guide capital Pur Helping You Achieve Your Goals 7 L O 0 0) a O V 0 CM O L a improvements decisions. We will formulate recommendations to be incorporated into a plan for identifying opportunities of which courts should be retained and where future courts should be located. H. Financial Resources Analysis - Fee Policy We will conduct an analysis of the existing recreation and park facility fee policy. The evaluation will consist of gathering information from other comparable agencies of their policies and philosophies for fees and revenue generation. The information will be organized and formulated in a manner to provide a comparison of key points throughout the policies and how future decisions can be made to meet future budget needs. We understand that the actual development of a new fee policy will not be a part of this current project. Additional Optional Considerations For many projects GreenPlay regularly conducts an analysis of the existing budget procedures, resources, capital improvement plans, cost recovery, traditional and alternative funding, pricing methodology, and, if appropriate, potential fee adjustments or increases. As an option, we can conduct the programs described in the following sections and provide recommendations to address the potential development of a more efficient and responsive set of financial processes for the City's Parks and Recreation Department. 1. Resource Allocation, Pricing and Cost Recovery -Important Threshold Factors GreenPlay has established and improved the "Pyramid" methodologies for helping agencies create an overall philosophy and methodology for resource allocation, pricing programs and evaluating cost recovery. We are currently training agencies nationwide and at conferences in the implementation and use of this fairly -straightforward but innovative methodology. This method is invaluable for making tough resource allocation decisions, and creating pricing and cost recovery strategies. These strategies need to be equitable, defensible, implementable at all levels, and should be based on the VALUE of the services to the community, not just a comparative evaluation of "what has been done before" or "what others are doing". It is an extension of "activity -based costing", but takes the analysis further into assimilating the values accepted and defined by your community, and elected and appointed officials. As part of this project, we will explain and document the methodology, and evaluate your agency's current and potential methods for fair pricing that helps with increased cost recovery using this method. J1 a N.MI �MOlRY I1dNdIK m ' INDMDUALICOMANNpTY,. eea Benefit / COMMUNITY I INOMDUAL Benefit a,. COMMUNITY �' 5 Benefit GUMVPJAY- Helping You Achieve Your Goals Y In ad `t'on, we will evaluate and identify potential sources of traditional and L qte " "five funding, including identification of grant opportunities and other resources C ' may eventually support the implementation of the objectives identified in the y;. 2. Alternative Funding and Partnerships �' On many similar projects, we are seeing a trend for agencies to look outside the traditional funding mechanisms towards the use of partnerships to fund improvements and future programming and use of public spaces. GreenPlay has extensive experience in looking at options for alternative funding. Alternative Funding typically includes grants, donor programs and/or partnerships. This may include partnerships with other business, governmental (federal, state, school, nearby agencies, etc.), and/or non-profit agencies, along with creation of policies and evaluation processes to help determine if they might be a "good fit". The '0e team will identify key partners in the area that are identified through this planning ' process, and analyze what partnerships could be viable for the community. � 0 The team will identify strategies to address Public and Private Partnership opportunities, facilitate the partnerships and minimize risk. • The team will provide recommendations and sample documents that can be L, utilized to formulate a Partnership Policy that can be approved and implemented to help minimize risk and streamline the partnership opportunities. I. Recommendations, Implementation and Action Plan Members of our GreenPlay Team have a firm and deep understanding relative to the present and future planning, economic, and political issues facing parks and recreation departments. We provide longstanding expertise in the analysis of demographics, trends, operations, programming, and maintenance issues related to the provision of parks and recreation, and the public presentation of those issues. We understand that this Parks and Recreation Policy Plan is intended as a living document that can change s as conditions in the community change. Al The Recommendations and Action Plan for the City of Fort Collins will: • Collect, analyze, and digitally synthesize demographic information. • Collect and analyze information on participation, needs and desires, and Level of Service recommendations. • Evaluate the opportunities for potential parks, trails, forestry and recreation facilities and programs. • Identify any areas of service and program growth and/or decline and projected impact of future trends. • Evaluate the needs for future event and program facilities and provide development specifications. • Review the current fee policy and provide comparative policies for evaluation. Helping You Achieve Your Goals L. J. Final Plan, Review and Presentations C From the information accumulated throughout the planning process, we will develop recommendations for the Parks and Recreation Policy Plan Update for the City of Fort Collins to address the needs and desires of the community. We will compile all information accumulated at each stage of the process to include: 0 • Summation of public and stakeholder input and comments. • Data on City parks, trails and open space inventory, along with Level of Service C• recommendations. V • Complete survey results with tabulations that provide further analysis of collected data. • Digitally synthesized demographic information for the City. • An analysis of the demands for services related to complementary service offerings by other jurisdictions along with service deficiencies. Nj We will prepare a Draft Parks and Recreation Policy Plan Outline document for Oreview and editing by the Project Team. Following this review we can subsequently a assist staff in the completion of adjustments to the draft plan to formulate the final C document that will then be presented to City Staff, the appropriate Boards and L. Commissions, and the City Council. ILWe realize that for any Plan to be considered successful, it must communicate well the ideas and concepts of the plan, and be useful and implementable. We at GreenPlay pride ourselves on creating well -written, concise, and understandable documents that will get used. We will provide: • Electronic versions of all GreenPlay written elements of the plan for distribution and review. After final editing and if desired as an option, we can provide the selected number of bound copies of the Final Parks and Recreation Policy Plan report in a well -formatted version at the current printing cost level. In addition, we will provide one (1) unbound reproducible copy of the Final Plan and the Executive Summary Report, and the Citizen Recreation Needs Assessment Survey (if completed), plus one (1) CD-ROM disk of all materials in MS Word and/or .PDF format so the plan can be updated periodically. All spatial information in a format readable by common GIS software (including the available free "ArcView" reader software) that will be useful for staff throughout the life of the plan and in the future. Final maps will be produced in replicable .PDF and color poster formats. All materials will be digitally integrated with GIS formats coordinated with the City of Fort Collins formats and adaptable to print and website applications. Information gathered from the various planning stages will be shared with the general public. We will provide specific concepts and maps. This allows them to question and react to the plan. We will also present to the staff, the Boards and Commissions, and et`MPLAX. Helping You Achieve Your Goals 10 Court A At the end.of each meeting, we provide summarized meeting notes, as well L as revisions to the materials being presented. This process synthesizes all concerns of 0 bold the desires of the City and the community to be incorporated into a plan that truly reflects what they envision as successful. 0'` 0- 0 'V 0 L a �� Helping You Achieve Your Goals 11 U) O C. C &W a We are confident we can begin this project upon contract signing, and have it completed within nine (9) months. We can have our team members available to complete the project as proposed. Final schedule and meeting dates can be determined during the Start-up phase. Final length of project could be somewhat shorter or longer if requested, and is primarily determined by the time needed to carry out the optional survey if it is selected, the number of desired public meetings, presentations and the necessary time required for approvals. Task and Key Meetings - I. II ' , B. Evaluation of Current Policy Plan X C. Need Assessment and Public Involvement 1. Public Process X X 2. Statistically -Valid Survey X D. Demographics and Trends Analysis E. Inventory and Assessment and Level of X X Service F. Programs and Trends Evaluation X X � '�' F5'9 S .fix d Jj '{��y: F'. ✓ �' � [ 1. Outdoor Large Event Venue !? Ala 2. Balltield and Turf Sports Complex X , 3. Outdoor Tennis Courts Service Needs jg I. Recommendations, Implementation and X Action Plans J. Final Plan and Presentations X X = Presentations and Meetings Helping You Achieve Your Goals 12 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. Desian 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 performance of any of the services fumished 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 $1,000,000. 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 Forty Nine Thousand Nine Hundred Fifty Dollars ($49,950). All such fees and costs shall not exceed Forty Nine Thousand Nine Hundred Fifty Dollars ($49,950). 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. The parties acknowledge that the sub -contractors: BHA Design, Inc., Design Concepts, Geowest, and RRC Associates, are not parties to this agreement. However, the rates listed for services to be provided by these subcontractors shall be the rate paid by the City to Standard Professional Services Agreement- rev08/22/06 2 (A Greeay and our team members establish rates to inclusively cover the salaries of the .}.� rof 5ional project staff and of support staff who enable them to function effectively U) a 'efficiently. We consider the prevailing rates in our industry and the level of opecialized expertise that we provide. For projects like this that include more than 100 hours of work, GreenPlaytypically h'P� Y recommends and proposes using a Firm -Fixed Price model for compensation. This means that the contract is preliminarily based on a projected number of hours, but that Qj the compensation is actually based on completion of pre -determined contracted tasks the Scope of Work within a pre -specified timeline. This usually works well for the ,, client in that they will get all the work done that they need, regardless of how many L' hours during the timeline that it takes to do it. In the event that the contracted Scope of Work is changed by the client during the course of work, GreenPlay can adjust total contract fees accordingly based on the regular hourly rates. This project is proposed as a Firm -Fixed Rate Fee project. Our rates include: • Professional staff, sub -consultant, and administrative salaries • All office overhead, equipment, utilities, and insurances • Taxes, employee benefits, and Worker's Compensation L • Administrative support staff and supplies, and local travel M• Work Products and meetings as outlined in the Scope of Work Rates may not include (unless specified in the Scope of Work): • Travel outside of the project area (for this project, travel is billed at actual expenses + 10%) • Materials and services outside of the pre -specified Scope of Work (may include extra meetings, requested copies and printing of work products) As a baseline: GreenPlay's hourly rate is $125 per hour for all contracted professional consulting services. Our other team member's hourly rates range between $68 - $150 per hour. While the hourly rates may sound high relative to typical public agency staff pay rates, when considering the costs for implementing additional experienced and professional - ! full-time staff, benefits, insurances, office space, computers and equipment, support staff, utilities, etc., we find that this rate is usually comparable to or lower than what an agency would spend for in-house staff. An additional benefit is that when the project is finished, the expense ends. GreenPlay typically submits an invoice for payment to the project manager/primary contact person on a monthly basis. Each invoice includes a brief description of the services provided and percentage of Scope completed to date. Invoices past due over 60 days will accrue 1.5% interest per month. Other structures for compensation and payment can be negotiable prior to contract award. Helping You Achieve Your Goals 13 BudgetCost of Services - Preliminary . • UpdateParks and Recreation Policy Plan Geowest BHA Associates Total Project Tasks GreenPlay Dncrep s $ B. Evaluation of Current Police Plan $ 2,200 $ 21200 C. Needs Assessment and Public Involvement 1. Public Process $ 4,000 $ 4,000 2. Statistically -valid Survey $ 1,800 $ 9,500 $ 11,300 D. Demographics and Trends Analysis $ 1,000 $ 1,000 E. Inventory, Assessment and Level of Service $ 1,000 $ 2,000 $ 3,500 $ 6,500 F Br amaanslTtesu ErialtYatinri . $ 1,000`` ;" $ -` 1`;ilQ4' 3 1. Outdoor Large Event Venue $ 1,000 $ 2,000 $ 2,500 $ 5,500 2. Ballfield and Turf Sports Complex $ 1,000 $ 2,000 $ 2,500 $ 5,500 3. Outdoor Tennis Courts Service Needs $ 1,000 $ 1,500 $ 2,000 $ 4,500 I. Recommendations & Action Plans 1 $ 2.450 $ 2AW 49,950 J. Final Plans & Presentations Options* Option 1. Provide Draft Outline of Plan inc. inc. Option 2. Consultants Complete Final Plan (plus copy costs) $ 5,500 $ 5,500 Documents Production (per copy cost) $75 per copy of final plan I # cost Presentations $750 per presentation per team member (2 hours to prepare plus # cost 1. Resource Allocation and Cost Recovery $ 15,000 $ 15,000 2. Alternative Funding and Partnerships $ 5,000 $ 5,000 This project is billed as Firm -Fixed Fee, meaning that all travel and reimbursibles are built into the per task cost. This proposal is based on our preliminary understanding of your needs; if something doesn't look right, we are flexible. 6RfE+oLAY,, Helping You Achieve Your Goals 15 the Professional for these services. If the amount charged by these subcontractors exceeds the rates listed in Exhibit "C" the excess amount shall not be paid or owed by the City. The limitation on increases in prices set forth in section 4 herein shall apply to all rates listed in Exhibit "C" including subcontractor rates. 7. 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. 8. 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. 9. Project Drawings. Upon conclusion of the project and before final payment, the Professional shall provide the City with reproducible drawings of the project containing accurate information on the project 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 older then the established city standard. 10. 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. 11. 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 Standard Professional Services Agreement- rev08/22/06 3 of FICA, Workers' Compensation, other taxes or benefits or for any other purpose. 12. 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. 13. 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. 14. 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. 15. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period often (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. 16. Bindina 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 Standard Professional Services Agreement- rev08/22/06 4 representatives, successors and assigns of said parties. 17. 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. 18. Prohibition Against Employing Illeaal Aliens. [This paragraph shall apply to all Consultants/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 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 verify that Contractor does not employ any illegal aliens. B. Contractor shall not knowingly employ or contract with an illegal alien to perform works under this Agreement or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. C. If Contractor has not been accepted into the Basic Pilot Program prior to entering into this Contract, Contractor shall apply to participate in the Basic Pilot Program and shall verify in writing such application within seven (7) days of the date of 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. Standard Professional Services Agreement- rev08/22/06 E. If Contractor obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Contractor shall: 1. 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 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 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. F. 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 Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. G. 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 Contractor's violation of Subsection 8-17.5-102, C.R.S. H. 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. Standard Professional Services Agreement- rev08/22/06 6 City ATTEST: THE CITY OF FORT COLLINS, COLORADO By: �J Ja esONeill II, CPPO, FNIGP Direct Pu7�c�' ik Management DATE: ci O rC, 5VO' GreenPlay, LLC By: Title:. r/uwc.N�/ M►l �r CORPORATE 0PR SI ENT OR VICE P ESIUENT Date: -7, 2-00(o (Corporate Seal) Corporate Secretary Standard Professional Services Agreement- rev08/22106 .he SuM*ary of Proposed Scope of Work L Vate of Fort Collins Parks and Recreation Policy Plan Scope of Work and Achievement of Objectives: A. Start -Up Upon selection and within ten (10) days of award, our GreenPlay team will provide a Detailed Work Plan to the City's Pr discussion. We will review the details of the work plan with the P50 ' * � at the orientation meeting and 0 formalize the timeline and details;Ni"Z planning' s, incl#id'utg-accepted'' jV methodologies, final number an rt)* tin gs,' l xpected quality and formats for deliverables, and agreement' n tie 1 tii ategies. We will set a timeline for the focus groups, s ` eAlder mee s u ey execution and analysis if .� the survey option is selected, and `ation of products, along with working with the City's Project Team;.. oards and the elected officials. Project Coordination Having worked as professionals on "your side of the table', we understand how © important it is for consultants to be in touch and in contact, but also to be understanding of your day to day responsibilities and need for efficient use of time. W We will work closely with your team during Start -Up to identify key "Critical Success Factors" that will help this project be successful and achieve your desired level of involvement and outcomes. When we're not on site for scheduled meetings, we will be in contact through phone and email to keep you and us as informed and involved as desired. We also supply written Monthly Progress Reports that cover recent progress, any outstanding issues or information needed, upcoming meetings and agendas, and a status report so that you can see where we are each month. We pride ourselves on never having finished a project late due to internal workloads, and want to help be as timely and efficient as possible, while being thorough and complete at the same time. Integration with Existing Vision, Goals, Operations, Budgets, and Plans As part of the Public Process and information gathering we will work to ensure that the Parks and Recreation Policy Plan is integrated with all other previous planning work. B. Evaluation of Current Policy Plan The GreenPlay team will review the City's current Parks and Recreation Policy Plan and develop an evaluation of its success as a guide for the City's parks and recreation facilities and programs during the past ten years. This evaluation will form the basis for incorporating the information and recommendations gathered from the 2006 Policy Plan planning process to improve the plan to best serve the Fort Collins community for the next ten years. C. Needs Assessment, Satisfaction and Public Involvement Helping You Achieve Your Goals L1. Public Process 0 Our GreenPlay team believes deeply in creating an in-depth, efficient, open, and citizen -focused community process as part of all public projects. Additionally, this team will explore knowledge of local issues and concerns that will assist in producing useful and pertinent community feedback. Our process will follow a well thought-out 0 involvement process, including those suggested requirements as outlined in the RFP. We will: �. • Identify, describe and implement a comprehensive strategy and innovative yet 0 successful methodology for citizen and public involvement in this Policy Plan V development process. • Assure the user groups, associations, and other stakeholders that they are provided an opportunity to participate in the development of this plan through adequate meetings: 0 o One orientation and Start -Up Meeting with the Project Team, staff, and (A the Parks and Recreation Board or representatives. 0 o A comprehensive "Information Gathering" scheduled week of 0. meetings (typically 2-3 days long and packed full) that will include at 0 least two public open house format meetings, and at least six additional L meetings with the designated City Boards and City Council Work Session, individual key stakeholder interviews, meeting with staff, meetings with special focus groups (community advocates, business groups, youth groups other City departments, etc. - to be decided). o An in-depth Inventory and Site Analysis visit to become familiar with all key parks and recreation and related facilities. o One meeting to present the draft "Findings Compilation" document, which presents a summary of all information gathered thus far, including the complete inventory of facilities and services, and results of the demographics and trends analysis. This meeting typically includes sessions with the Policy Plan Project Team, the Parks and Recreation Board and often a public meeting with the City Council. The goal of these meetings is to come to consensus on the accuracy of the Findings, to get approval of the results so far, and identify any additional that should be considered for analysis and drafting of recommendations. • Act as professional facilitators to provide well -organized and directed activities, techniques, and formats that will ensure that a positive, open, and proactive public participation process is achieved. • Provide written records and summaries of the results of all public process and communications strategies. • Help to build consensus and agreement on the plan, and if consensus is not possible, provide information for informed decision making by your Parks and Recreation Board and City Council. • Provide methods to hear from as many people as possible, including users and non -users of your services and facilities. Gaour,. Helping You Achieve Your Goals 2