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HomeMy WebLinkAbout499249 110% LLC - CONTRACT - RFP - 7316 BUSINESS CONSULTANT FOR THE SENIOR CENTERPROFESSIONAL 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 110 Percent 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 three (3) pages, and incorporated herein by this reference. 2. Contract Period. This Agreement shall commence March 1, 2012, and shall continue in full force and effect until February 28, 2013, unless sooner terminated as herein provided. 3. 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: 110 Percent LLC City of Fort Collins City of Fort Collins, Purchasing Attn: Jamie Sabbach Attn: Peggy Bowers PO Box 580 PO Box 21541 PO Box 580 Fort Collins, CO 80522 Boulder, CO 80308 Fort Collins, CO 80522 In the event of any such early termination by the City, the Professional shall be paid for services rendered prior to the date of termination, subject only to the satisfactory performance of the Professional's obligations under this Agreement. Such payment shall be the Professional's sole Business Plan Development Contents of the Business plan will be as follows. a. Executive summary - an overall outline and summary of the business plan's contents. b. Agency overview - an overview of the City of Fort Collins Recreation Department and its services including programs and facilities. This will also include reference to the Department's values, mission and vision. c. Service concept/type of business description - a brief description of the City of Fort Collins' Senior Center and its current services including programs. This will also include what the City wishes to analyze in terms of anticipated expansion to the Senior Center and enhancements to its service menu. d. Environmental Scan i. SWOT Analysis - assessment of the Senior Center's strengths, weaknesses (growth areas), opportunities and threats by soliciting feedback, opinion and perspectives from stakeholder groups (i.e., staff, policy makers, partners). ii. PEST Analysis - assessment of the political, economic, societal and technological landscapes that can affect the Senior Center and the development and delivery of services including programs. iii. Financial Analysis -assessment of the true costs of doing business, and the costs associated with the Senior Center including development and delivery of programs. iv. Trends Analysis - assessment of the relevant trends and issues as they relate to the Senior Center and the development and delivery of services including programs. V. Market Analysis - assessment of the market position of the Senior Center and its services including programs by evaluating target markets including their interests, use patterns, and their willingness and/or ability to pay. vi. Competitive Analysis - assessment of the agency's "competitors" including their service lines and their pricing. e. Risk assessment - assessment of anticipated risks associated with expansion of the Senior Center and enhancements to services offered through the Center. f. Operations plan i. *Staffing requirements -this section will outline staffing requirements necessary if any Senior Center expansion and/or service enhancements are implemented. ii. *Financial plan -this section will detail the anticipated revenues and expenditures associated with Senior Center expansion and/or enhancements to those services provided through the Center. [*Based upon a 15,000 square foot addition, a 17,000 square foot addition, and a 42,000 square foot addition.] In preparation of the process, the following tasks must be completed. 1. Confirmation of the project's timeline 2. Confirmation of the Department's Project Lead 3. Confirmed contracts with representative signatures Once these operational tasks are completed, the project can commence. — — - - --- -- — - - - -- - -- - - - - -------------- - - - - -- - — 0 3 1 P a g e 0 „� r•r '��BilfereotBever. Project Fee — proposed Business Plan for the City of Fort Collins' Senior Center Expansion = $15,000 [*In the event additional services outside of the Scope of Work are requested of the consultant on behalf of the City of Fort Collins, these services will be billed at $175 per hour.] Project Timeline — proposed ®0y 4 1 P a g e 0� 1 I r4'ameteuteetmr. CERTIFICATE OF INSURANCE This certifies that ® STATE FARM FIRE AND CASUALTY COMPANY, Bloomington, Illinois ❑ STATE FARM GENERAL INSURANCE COMPANY, Bloomington, Illinois ❑ STATE FARM FIRE AND CASUALTY COMPANY, Scarborough, Ontario ❑ STATE FARM FLORIDA INSURANCE COMPANY, Winter Haven, Florida ❑ STATE FARM LLOYDS, Dallas, Texas insures the following policyholder for the coverages indicated below: Name of policyholder 110 Percent LLC Address of policyholder 1195 Berea or. Boulder, CO 80305 Location of operations SAME Description of operations Professional Development CONSULTANT The policies listed below have been issued to the policyholder for the policy periods shown. The insurance described in these policies is subject to all the terms exclusions, and conditions of those policies. The limits of liability shown may have been reduced by any paid claims. POLICY NUMBER TYPE OF INSURANCE POLICY PERIOD Effective Data Expiration Data LIMITS OF LIABILITY (at beginning of policy period) 96-B4-w703-6 Comprehensive 03-08-2012 04-09-2013 BODILY INJURY AND Business Liability PROPERTY DAMAGE This insurance includes: ® Products - Completed Operations ❑ Contractual Liability ❑ Underground Hazard Coverage Each Occurrence $ 1, 000, 00C ❑ Personal Injury ❑ Advertising Injury General Aggregate $ 2, 000, 000 ❑ Explosion Hazard Coverage ❑ Collapse Hazard Coverage Products - Completed $ 2, 000, 000 ❑ Operations Aggregate El EXCESS LIABILITY POLICY PERIOD Effective Date : Expiration Date BODILY INJURY AND PROPERTY DAMAGE (Combined Single Limit) ❑ Umbrella Each Occurrence $ ❑ Other Aggregate $ Part 1 STATUTORY Part 2 BODILY INJURY Workers' Compensation and Employers Liability Each Accident $ Disease Each Employee $ Disease - Policy Limit $ POLICY NUMBER TYPE OF INSURANCE POLICY PERIOD Effective Date i Expiration Date LIMITS OF LIABILITY (at beginning of policy period) THE CERTIFICATE OF INSURANCE IS NOT A CONTRACT OF INSURANCE AND NEITHER AFFIRMATIVELY NOR NEGATIVELY AMENDS, EXTENDS OR ALTERS THE COVERAGE APPROVED BY ANY POLICY DESCRIBED HEREIN. If any of the described policies are canceled before its expiration date, State Farm will try to mail a written notice to the certificate holder days before Name and Address of Certificate Holder cancellation. If however, we fail to mail such notice, no obligation or liability will be imposed on State City of Fort Collins Attn: Peggy Bowers Farm or its agents or representatives. � PO Box 580 ^"'�fC_/ ---- Agent's 55a-994 a.3 04-1999 Printed in U.SA. right and remedy for such termination. 4. 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 plans and reports and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. The Professional shall indemnify, save and hold harmless the City, its officers and employees in accordance with Colorado law, from all damages whatsoever claimed by third parties against the City; and for the City's costs and reasonable attorneys fees, arising directly or indirectly out of the Professional's negligent performance of any of the services furnished under this Agreement. The Professional shall maintain commercial general liability insurance in the amount of $500,000 combined single limits and errors and omissions insurance in the amount of $N/A. 6. Compensation. In consideration of the services to be performed pursuant to this Agreement, the City agrees to pay Professional a fixed fee of Fifteen Thousand Dollars ($15,000). Monthly partial payments based upon the Professional's billings and itemized statements of reimbursable direct costs 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 reimbursable direct costs. 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. 6. 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. 7. 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. 8. Independent Contractor. The services to be performed by Professional are those of an independent contractor and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Professional's compensation hereunder for the payment of FICA, Workers' Compensation, other taxes or benefits or for any other purpose. 9. 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. 10. Acceptance Not Waiver. The City's approval of plans, 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. 11. 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. 12. 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 party's reasonable attorney fees and costs incurred because of the default. 13. Bindinq 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. 14. 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. 15. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Professional represents and agrees that: a. As of the date of this Agreement: 1. Professional does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2. Professional will participate in either the e-Verify program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, administered by the United States Department of Homeland Security (the "e-Verify Program") or the Department Program (the "Department Program"), an employment verification program established pursuant to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of all newly hired employees to perform work under this Agreement. b. Professional shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien to perform work under this Agreement. C. Professional is prohibited from using the e-Verify Program or Department Program procedures to undertake pre -employment screening of job applicants while this Agreement is being performed. d. If Professional obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Professional shall: 1. Notify such subcontractor and the City within three days that Professional has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 2. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that Professional shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. e. Professional shall comply with any reasonable request by the Colorado Department of Labor and employment (the "Department") made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102-(5), C.R.S. f. If Professional violates an.y provision of this Agreement pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this Agreement is so terminated, Professional shall be liable for actual and consequential damages to the City arising out of Professional's violation of Subsection 8-17.5-102, C.R.S. g. The City will notify the Office of the Secretary of State if Professional violates this provision of this Agreement and the City terminates the Agreement for such breach. THE CITY OF-J�ORT COLLINS, COLORADO By: - James B. O'Neill II, CPPO, FNIGP Director of Purchasing & Risk Management DATE: 001RPORATE PRESIDENT OR VICE PRESIDENT Date: `3/p/oto/A ATTEST: (Corporate Seal) Corporate Secretary THE CITY OF--EORT COLLINS, COLORADO By: James B. O'Neill II, CPPO, FNIGP ;-tj Director of Purchasing & Risk Management DATE: 7j — 0 - 1 Z 110 PERCENT LLC A T le fb✓�0: d', `l.��/oGi/ii //Fi1QE� PORATE PRESIDENT OR VICE PRESIDENT Date: 3311?11.�ia.. ATTEST: (Corporate Seal) Corporate Secretary EXHIBIT A - SCOPE OF WORK February 20, 2012 Peggy Bowers, Project Manager City of Fort Collins Recreation Department P.O. Box 580 Fort Collins, CO 80522-0580 Dear Peggy: 3 f �� Otte t 1 T niffemntBefter. We are pleased to submit the following business plan scope of work to you foryour review and consideration. You will find the proposed process in response to your request and per subsequent discussion. Our proposal will result in a business plan specifically designed for the City of Fort Collins' Senior Center. 110 Percent LLC brings an unquestionable synergy and unrivaled professionalism to facilitation and consultation services specific to parks and recreation systems and professionals, contributing both an academic and analytical perspective. We have substantial experience in public sector management providing us a powerful understanding of professional practice, its challenges, and nuances. As facilitators, we provide a dynamic that engages participants, motivates leaders and offers true-to-life examples grounded in practical experiences. In the event you have any questions as you assess the quality and relevance of the submitted scope of work, please email Isabbach@110percent.net or call 720.304.2167. We look forward to the potential opportunity to work with the City of Fort Collins on this important project. Respectfully, Jamie S. Sabbach, M.S., CPRP 110 Percent LLC P.O. Box 21541 Boulder, CO 80308 720.304.2167 jsabbach@ 110percent.net P.O. Box 21541 . Boulder. CO 80308 .120.304.216i . ii fo@110percentuet . www.110percentnet Business Plan for the City of Fort Collins' Senior Center Expansion Fort Collins Summary 110 Percent LLC submits the following proposed scope of work in response to the City of Fort Collins' request to hire a firm to develop a business plan for a potential Senior Center expansion. 110 Percent LLC recognizes that business planning is an intellectual process which becomes the platform from which decisions are made based upon purpose, facts and considered estimates. The real value of creating a business plan goes beyond having a document in hand; rather, the value lies in the process of researching and thinking about a business or a function of a business in a systematic way. The act of business planning guides organizations towards critical thinking including researching and studying relevant data and information. The results of a business plan development process include a living document that outlines the operational aspects of a business including target markets, competition, finance, staffing requirements, and others. Project Understanding The City of Fort Collins has expressed interest in a detailed and professional analysis of future endeavors based upon adding to the existing Senior Center and expanding/improving upon those programs and services currently provided at the Center for the Fort Collins community. It is understood that the City of Fort Collins expects that the business plan will include the following information and data. 1. The plan will be used as a guideline for decision making in design decisions. 2. The plan will provide credibility to expansion and aid the City in convincing decision makers that expansion is a financially responsible move. 3. Plan contents will be excerpted for use in fundraising and will provide data for the grant application process. 4. The plan will quantify and qualify the value of programs and services and the existence of facility as a community resource. 5. The plan will address the Senior Center as an economic driver in the Fort Collins community. 6. The plan will address the possibility that expansion may not proceed and what the anticipated impacts may be if the City is not able to keep pace with the demand expected on behalf of the emerging Boomer generation. Further, it is understood that three funding scenarios are to be included in the plan based upon the following potential expansions to the existing 40,000 square foot Senior Center. a. 15,000 sq. foot addition b. 17,000 sq. foot addition c. 42,000 sq. foot addition 1�q— 0ie g1ui O �msener.