Loading...
HomeMy WebLinkAboutAgenda_PAREB_03.11.2021Notice of Meeting for the P arks and Recreation Adv isory Board of the City of Georgetown March 11, 2021 at 6:00 P M at VI RT U AL T he C ity of G eorgetown is committed to compliance with the Americans with Disabilities Act (ADA). If you require as s is tance in partic ipating at a public meeting due to a disability, as defined under the ADA, reas onable as s is tance, adaptations , or ac commodations will be provided upon request. P leas e c ontact the C ity S ec retary's O ffic e, at leas t three (3) days prior to the sc heduled meeting date, at (512) 930-3652 or C ity Hall at 808 Martin Luther King Jr. S treet, G eorgetown, T X 78626 for additional information; T T Y users route through R elay Texas at 711. J oin Zoom M e eting https://geor getowntx.zoom.us/j/94101870189? pwd=ZTR sbV B K d1 Ix M 2c2 Zldle Wh6 ZGt Z Q T09 M e eting I D: 941 0187 0189 P assc ode : 369525 O ne tap mobile +13462487799,,94101870189# U S (H ouston) +16699006833,,94101870189# U S (San J ose) Dial by your loc ation +1 346 248 7799 U S (H ouston) +1 669 900 6833 U S (San J ose) +1 253 215 8782 U S (Tac oma) +1 301 715 8592 U S (Ger mantown) +1 312 626 6799 U S (Chic ago) +1 929 205 6099 U S (Ne w Yor k) 888 475 4499 U S Toll-fre e 833 548 0276 U S Toll-fre e 833 548 0282 U S Toll-fre e 877 853 5257 U S Toll-fre e M e eting I D: 941 0187 0189 F ind your loc al numbe r: https://geor getowntx.zoom.us/u/ac R7zF j D Gz Regular Session (T his R egular S es s ion may, at any time, be rec es s ed to c onvene an Exec utive S es s ion for any purpose authorized by the O pen Meetings Act, Texas G overnment C ode 551.) A C all to O rder - Katherine Kainer, P arks and R ec reation Advisory Board C hair B R oll C all - Katherine Kainer, P arks and R ecreation Advis ory Board C hair C Welcome new members of the P arks and R ecreation Advis ory Board - Kimberly G arrett, P arks and Page 1 of 74 R ec reation Direc tor D R eview and dis cus s ion of the P arks and R ecreation Advis ory Board by-laws and attendanc e polic y for board members . - Jill Kellum, Administrative S upervisor E P rojec t Updates and S taff R eport - Eric Nuner, Assistant Direc tor of P arks and R ec reation L egislativ e Regular Agenda F C ons ideration and possible action to s et date and time for 2021 P arks and R ecreation Advis ory Board meetings - Katherine Kainer, P arks and R ecreation Advis ory Board C hair G C ons ideration and possible action to elect the Vic e-C hair of the P arks and R ecreation Advis ory Board - Katherine Kainer, P arks and R ec reation Advisory Board C hair H C ons ideration and possible action to elect the S ecretary of the P arks and R ecreation Advis ory Board - Katherine Kainer, P arks and R ec reation Advisory Board C hair I C ons ideration and possible action to recommend approval of a c onstruc tion c ontract for ADA c omplianc e renovations for the R andy Morrow Trail with P artners R emodeling, R enovations and Waterproofing of Dripping S prings , Texas in the amount of $357,335.40. - Eric Nuner, Assistant Direc tor of P arks and R ecreation J C ons ideration and possible action to recommend approval of a c ontract to G reenP lay, LLC of Louis ville, C olorado for planning s ervic es to update the P arks and R ec reation Mas ter P lan inc luding developing a C ost R ec overy P lan and P olic y in the amount of $229,998. -- Kimberly G arrett, P arks and R ecreation Direc tor K C ons ideration and possible action to approve minutes from the F ebruary 11, 2021 meeting - Jill Kellum, Adminis trative S upervis or Adjournment Adjourn - Katherine Kainer, P arks and R ec reation Advisory Board C hair Ce rtificate of Posting I, R obyn Densmore, C ity S ecretary for the C ity of G eorgetown, Texas, do hereby c ertify that this Notic e of Meeting was posted at C ity Hall, 808 Martin Luther King Jr. S treet, G eorgetown, T X 78626, a plac e readily acc es s ible to the general public as required by law, on the _____ day of _________________, 2021, at __________, and remained s o posted for at leas t 72 c ontinuous hours prec eding the s cheduled time of said meeting. __________________________________ R obyn Dens more, C ity S ec retary Page 2 of 74 City of Georgetown, Texas Parks and Rec Advisory Board March 11, 2021 S UB J E C T: Welc ome new members of the P arks and R ec reation Advisory Board - Kimberly G arrett, P arks and R ecreation Director IT E M S UMMARY: F IN AN C IAL IMPAC T: N/A S UB MIT T E D B Y: Jill Kellum, Adminis trative S upervis or Page 3 of 74 City of Georgetown, Texas Parks and Rec Advisory Board March 11, 2021 S UB J E C T: R eview and disc ussion of the P arks and R ec reation Advisory Board by-laws and attendance policy for board members. - Jill Kellum, Adminis trative S upervis or IT E M S UMMARY: F IN AN C IAL IMPAC T: N/A S UB MIT T E D B Y: Jill Kellum, Adminis trative S upervis or AT TAC H ME N T S: Description Type By Laws Backup Material Page 4 of 74 Page 5 of 74 Page 6 of 74 Page 7 of 74 Page 8 of 74 Page 9 of 74 Page 10 of 74 Page 11 of 74 City of Georgetown, Texas Parks and Rec Advisory Board March 11, 2021 S UB J E C T: P roject Updates and S taff R eport - Eric Nuner, As s is tant Director of P arks and R ecreation IT E M S UMMARY: F IN AN C IAL IMPAC T: N/A S UB MIT T E D B Y: Eric Nuner, As s is tant Director of P arks and R ecreation AT TAC H ME N T S: Description Type Project updates Backup Material Page 12 of 74 Parks and Recreation Capital Improvement Projects –March 11, 2021 ADA Trail Reconstruction – Bids were received for the ADA Trail Reconstruction on February 23rd. Six contractors submitted bids for the project. The project is proposed to begin in April after Board recommendations and City Council approval. Golden Bear Park –Construction is complete and the park has been opened. Heritage Gardens (Community Garden) – Final drawings were submitted to Planning for approval. Park staff will serve as general contractor for the project to extend the budget and provide as many amenities as possible for the project. Restrooms have been ordered. Staff will begin demolition of the site in March 2021. Page 13 of 74 University Park – Staff has begun the planning process for redevelopment of University Park to include playground replacement, landscape improvements and additional site amenities. No change. Wolf Crossing Trail – 90% drawings have been submitted to park staff for review. The project will be presented to Planning for P&Z approval and permitting in March. Bid schedules have not been determined to date. Page 14 of 74 Parks, Recreation and Open Space Master Update – We received eight bidders for the master plan RFP. These bidders were reviewed and scored by a selection committee. The top three firms were interviewed to determine staff’s recommendation. Staff will discuss the timeline for Board recommendation and Council approval at the March 11, 2021 meeting. Page 15 of 74 City of Georgetown, Texas Parks and Rec Advisory Board March 11, 2021 S UB J E C T: C onsideration and pos s ible ac tion to rec ommend approval of a cons truction contrac t for ADA compliance renovations for the R andy Morrow Trail with P artners R emodeling, R enovations and Waterproofing of Dripping S prings, Texas in the amount of $357,335.40. - Eric Nuner, As s is tant Director of P arks and R ecreation IT E M S UMMARY: In 2015, the C ity of G eorgetown implemented an ADA Transition P lan. In that s ame year, the C ity conduc ted a self-assessment of parks , facilities , and public pedestrian rights-of-way to identify phys ical barriers to ac cessibility. T he transition plan provides rankings for each loc ation and a s chedule that indic ates a projec ted timeline for res olution. T he R andy Morrow Trail along the North S an G abriel R iver was highly ranked due to the volume of public use and visitation. T he proposed renovations include areas of the trail from R ivery P ark to just beyond C handler P ark to c orrect ac cessibility is s ues. T he C ity received c ompetitive s ealed bids from six bidders on F ebruary 23, 2021. P artners R emodeling, R enovations and Waterproofing of Dripping S prings , Texas was the low qualified bidder. C ity staff has reviewed references and workload and rec ommends award of a contrac t with P artners R emodeling, R enovations and Waterproofing in the amount of $357,335.40. F IN AN C IAL IMPAC T: F unds for cons truction are alloc ated in the ADA Transition P lan C apital Budget. S UB MIT T E D B Y: Eric Nuner, As s is tant P arks and R ecreation Director AT TAC H ME N T S: Description Type ADA River Trail Bid Tab Backup Material Page 16 of 74 Bid Invitation No.:202122 San Gabriel ADA Modificatons Division:Parks and Recreation Opening Date:02/23/2021 ITEM #Estimated Qty 1 100%18,325.00$ 18,325.00$ 25,000.00$ 25,000.00$ 18,000.00$ 18,000.00$ 22,000.00$ 22,000.00$ 8,000.00$ 8,000.00$ 21,000.00$ 21,000.00$ 2 25,296 2.13$ 53,880.48$ 2.35$ 59,445.60$ 3.25$ 82,212.00$ 3.00$ 75,888.00$ 2.20$ 55,651.20$ 3.00$ 75,888.00$ 3 25,296 9.11$ 230,446.56$ 12.05$ 304,816.80$ 8.50$ 215,016.00$ 8.50$ 215,016.00$ 6.90$ 174,542.40$ 8.00$ 202,368.00$ 4 3,162 2.53$ 7,999.86$ 1.45$ 4,584.90$ 8.00$ 25,296.00$ 3.50$ 11,067.00$ 5.00$ 15,810.00$ 7.25$ 22,924.50$ 5 100%25,000.00$ 25,000.00$ 25,000.00$ 25,000.00$ 20,000.00$ 20,000.00$ 15,000.00$ 15,000.00$ 14,000.00$ 14,000.00$ 18,000.00$ 18,000.00$ 6 100%55,000.00$ 55,000.00$ 60,000.00$ 60,000.00$ 75,000.00$ 75,000.00$ 54,000.00$ 54,000.00$ 27,000.00$ 27,000.00$ 31,000.00$ 31,000.00$ 7 100%55,000.00$ 55,000.00$ 55,000.00$ 55,000.00$ 115,000.00$ 115,000.00$ 87,500.00$ 87,500.00$ 50,000.00$ 50,000.00$ 55,000.00$ 55,000.00$ 8 18,972 0.42$ 7,968.24$ 0.24$ 4,553.28$ 0.75$ 14,229.00$ 1.00$ 18,972.00$ 0.65$ 12,331.80$ 1.25$ 23,715.00$ Calendar Days 240 150 100 TOTAL $453,620.14 $538,400.58 $564,753.00 $499,443.00 $357,335.40 $449,895.50 FOR REFERENCE ONLY - This document summarizes bids received and some key information of the bids. Westar Construction, Inc. Georgetown TX Patin Construction, LLC Taylor TX Partners Remodeling Restoration & Waterproofing, Dripping Springs TX ASD Consultant, Inc. Austin TX G2 Construction Services, Inc. Georgetown TX Muniz Concrete & Contracting, Inc. Austin TX Page 17 of 74 City of Georgetown, Texas Parks and Rec Advisory Board March 11, 2021 S UB J E C T: C onsideration and pos s ible ac tion to rec ommend approval of a contrac t to G reenP lay, LLC of Louisville, C olorado for planning services to update the P arks and R ecreation Master P lan including developing a C os t R ecovery P lan and P olicy in the amount of $229,998. -- Kimberly G arrett, P arks and R ec reation Director IT E M S UMMARY: T he c urrent P arks and R ecreation Master P lan was adopted in 2009. S inc e that time, s ubstantial progres s has been made in meeting the top priorities of the plan. In addition, the C ity has experienced high growth s inc e the 2009 plan was adopted and an update is needed to ins ure the c ommunity's priorities are being met. T he typic al time in between updates is us ually 5-10 years , given that a c ommunity is actively meeting priorities. In addition, this updated Mas ter P lan will help plan for funding needs and a future park's bond. In order to be eligible for federal and state grant opportunities , a c urrent and relevant mas ter plan must also be in plac e. T he P arks Master P lan is als o an element of the 2030 C omprehensive P lan. O n November 12, 2020, the C ity issued a request for propos als (R F P ) for a parks mas ter plan. Included within the s cope of services was an additional service to develop a c os t recovery plan and policy. P erforming these two services s imultaneous ly will allow for a more c oordinated effort of public input and community engagement process. T he R F P c los ed on Dec ember 10, 2021 and the C ity received respons es from eight different firms. During the months of December and January, a c ommittee c ompris ed of s taff from multiple departments inc luding P arks and R ecreation, P lanning and C ommunications reviewed and sc ored the propos als . T he top res pondents were then interviewed. Bas ed on technic al sc oring and the interviews , G reenP lay, LLC of Louisville, C olorado was selec ted. G reenP lay will be the lead firm with the following sub c ontractors on their team: C ovey Landsc ape Architec ture, G eorgetown, T X; BR S Arc hitecture; R R C Assoc iates; and Bang the Table O nline Engagement Tool. S TAF F R E C O MME N D AT IO N: S taff recommends approving the contrac t to G reenP lay, LLC of Louisville, C O to perform an update to the P arks Mas ter P lan and develop a C ost R ec overy P lan and P olicy in the amount of $229,998. F IN AN C IAL IMPAC T: T his projec t was approved in the F isc al Year 2021 budget. F unding is available in the project budget from the 2021 bonds. S UB MIT T E D B Y: Kimberly G arrett, P arks and R ec reation Direc tor AT TAC H ME N T S: Page 18 of 74 Description Type Request for Propos als Backup Material Contract for planning s ervices Backup Material Page 19 of 74 Park s and Recreation Master Plan RFP No. 202113 Due: December 10, 2020 REQUEST FOR PROPOSAL CITY OF GEORGETOWN 300-1 Industrial Ave PO Box 409 Georgetown, TX 78626 Georgetown, TX 78627 Page 20 of 74 City of Georgetown RFP No. 202113 – Parks and Recreation Master Plan Page | 2 TABLE OF CONTENTS INTRODUCTION ............................................................................................................................................ 3 DEFINITIONS .............................................................................................................................................. 3 NOTICE to OFFERORS ................................................................................................................................... 4 GENERAL TERMS and CONDITIONS ............................................................................................................. 6 BACKGROUND and CURRENT CIRCUMSTANCES ....................................................................................... 11 SCOPE of WORK .......................................................................................................................................... 12 EVALUATION and SELECTION PROCESS ..................................................................................................... 17 SUBMISSION REQUIREMENTS ................................................................................................................... 18 CERTIFICATION and ACKNOWLEDGMENT ................................................................................................. 21 STANDARD FORM of AGREEMENT ................................................................................................. EXHIBIT A Page 21 of 74 City of Georgetown RFP No. 202113 – Parks and Recreation Master Plan Page | 3 INTRODUCTION The City of Georgetown seeks to enter into an agreement with a qualified Individual, Firm or Corporation (Offeror) with substantial and relevant experience and expertise to develop a Parks and Recreation Master Plan. The Successful Offeror must meet all requirements of this RFP, maintain proper licensing, and comply with all federal, state, and local laws and mandates relative to the services specified in this RFP. BUDGET The City has budgeted $200,000 for this Plan; however, the scope of the project is such that the City seeks the best value along with an appropriate cost to the scope of work outlined herein. DEFINITIONS The following definitions shall be used to identify terms throughout this Request for Proposal: A. AGREEMENT A mutually binding legal document obligating the Firm to furnish the services specified within this solicitation and obligating the City to pay for the services as agreed upon. B. CITY The City of Georgetown, located in Williamson County, Texas. C. CITY COUNCIL The elected officials of the City of Georgetown, Texas, given the authority to exercise such powers and jurisdiction of all City business as conferred by the City Charter and State Constitution and Laws. D. CONSULTANT Person or business enterprise providing goods or services to the City as fulfillment of obligations arising from an agreement pursuant to this Request for Proposals. The successful Offeror of this Request for Proposals. E. E-BID SYSTEM The City’s electronic bidding system. This is a web-based system that provides all solicitation documents electronically to potential Offerors and allows interested Offerors to submit Proposals in response to Solicitation documents. The term “e-bid” and/or “electronic bid” means the Bidders’ electronic Proposal submitted to the City by way of the E-bid system. The terms “electronic bid” or “e-bid” are used inter-changeably to describe the above invitation for proposal process to submit an authorized Proposal to the City in response to this Request for Proposal. F. OFFEROR The Individual, Firm or Corporation (Offeror) that considers themselves qualified to provide the services specified herein and are interested in making an offer to provide the services to the City. G. PIGGYBACK CONTRACT Page 22 of 74 City of Georgetown RFP No. 202113 – Parks and Recreation Master Plan Page | 4 A contract or agreement that has been competitively solicited in accordance with State of Texas statutes, rules, policies and procedures and has been extended for the use of state and local agencies that have entered (or will) into an Interlocal Agreement with the City. H. PROPOSAL A complete, properly signed response to this solicitation. I. PURCHASE ORDER A purchase order records the financial obligation of the City to pay for goods or services properly received; therefore, a purchase order is also required for all contracts with an expenditure of funds entered into by the City Manager or City Council. J. REQUEST FOR PROPOSAL (RFP) This Solicitation document issued by the City containing terms, conditions and specifications for the services to be procured. NOTICE TO OFFEROR A. NOTICE All Proposals are due on or before 2:00 p.m. on December 10, 2020. Solicitations are posted and available to download from the City of Georgetown’s On-Line Bidding System at https://gtowntx.ionwave.net/CurrentSourcingEvents.aspx. Offerors may receive notice of Proposals from the City of Georgetown from a variety of channels. Approved methods of dissemination include: City of Georgetown website or the City of Georgetown Purchasing Office. The receipt of solicitations through any other means may result in the receipt of incomplete specifications or addenda which could ultimately render your Proposal non-compliant. City of Georgetown accepts no responsibility for the receipt or notification of solicitations through any other source. B. RECEIPT OF PROPOSALS 1. Electronic Proposals. Sealed Electronic Proposals shall be submitted through the City’s web site at: https://georgetown.ionwave.net/Login.aspx. All interested Offerors are required to register as a “supplier” on the City’s E-bid System at the above web address and clicking on “Supplier Registration”. Registration provides automatic access to the solicitation and its documents (specifications, attachments, exhibits), and for any changes to the solicitation including change(s) to the submission time and date. Electronic Proposals shall be uploaded in the E-bid system and submitted electronically through this system to the City of Georgetown, Purchasing Manager, 300-1 Industrial Ave., Georgetown, TX 78626. Electronic Proposals must be received prior to the time and date specified in the City’s E-bid System. The mere fact that the Proposal was dispatched will not be considered; the Offeror must ensure that the Proposal was properly uploaded in the System. The time Proposals are received shall be determined by the electronic clock in the City’s E-bid System. 2. Hard Copy Proposals. City prefers electronic submissions, however, Sealed Proposals submitted to the City by hard copy (non-electronic) will also be accepted on or before the time and date designated above and at addresses listed below. Page 23 of 74 City of Georgetown RFP No. 202113 – Parks and Recreation Master Plan Page | 5 Sealed Proposal submissions shall be clearly marked with the RFP number and Title and addressed to the City of Georgetown – Purchasing Department. Proposals shall be delivered using one of the following: Hand-deliver to: Mail to: Ship to (FedEx, UPS, DHL, etc.): 300-1 Industrial Ave. PO Box 409 300-1 Industrial Ave. Georgetown, TX 78626 Georgetown, TX 78627 Georgetown, TX 78626 Proposal(s) must be received by the City’s Purchasing Department prior to the time and date specified. The mere fact that the proposal was dispatched will not be considered; the Offeror must insure that the proposal is actually delivered. The time Proposals are received shall be determined by the time clock stamp in the City’s Purchasing Department. All properly submitted “Sealed” (non-electronic) Proposals will be opened and acknowledged at 300-1 Industrial Ave, Georgetown, Texas 78627. C. QUESTIONS and INQUIRIES Questions and inquiries about this Solicitation shall be submitted in writing to the following individual: Nicole Abrego Purchasing Department Nicole.Abrego@georgetown.org The deadline for written questions is December 4, 2020 at @ 5:00 p.m. central time. This deadline has been established in order to provide adequate time for City staff to prepare responses to questions from Offerors to the best of their ability in advance of the Pre-Proposal Conference meeting. Offerors shall not attempt to contact City Council members, City staff or Management directly during the pre-proposal or post-proposal period. The City intends to respond to all appropriate questions or concerns; however, the City reserves the right to decline to respond to any question or concern. All material modifications, clarifications or interpretations will be incorporated into an addendum which will be publically posted. All addenda issued prior to the due date and time for responses are incorporated into the RFP and must be acknowledged in the Proposal response. Only written information provided shall be binding. Oral or other interpretations shall not be binding and are held without legal effect. D. ANTICIPATED SCHEDULE OF IMPORTANT DATES The City will generally comply with the following schedule for the selection process, subject to changes necessary to ensure fairness and to accommodate unanticipated events: Release RFP November 12, 2020 Deadline for Questions and Inquiries 5PM CST December 4, 2020 Pre-Proposal Conference 1PM CST December 1, 2020 Proposals Closing Date and Time 2PM CST December 10, 2020 City’s Review of Proposals December 11 – 18, 2020 Date for Finalist Interviews or Presentations (if any) {TIME AM/PM} CST January 5 – 7, 2021 Earliest Award by City January 2021 E. PRE-PROPOSAL CONFERENCE A Pre-Proposal Conference will be conducted virtually, beginning at 1PM central time on December 1, 2020 This meeting is not mandatory. Any questions and answers addressed during the conference meeting will be issued in an addendum and all known parties will be notified. Offerors may attend using the following information: Page 24 of 74 City of Georgetown RFP No. 202113 – Parks and Recreation Master Plan Page | 6 Microsoft Teams meeting Join on your computer or mobile app Click here to join the meeting Or call in (audio only) +1 512-672-8405,,223549915# United States, Austin Phone Conference ID: 223 549 915# Find a local number | Reset PIN F. FINALIST INTERVIEWS and/or PRESENTATIONS Offerors reasonably subject to being selected based on the criteria set forth in this RFP may be given an opportunity to make a presentation and/or interview with the Selection Committee. Finalists selected for interviews and/or presentations must be available during regular business hours between January 5 – 7, 2021. Following any presentation and/or interviews, proposals will be ranked in order of preference and contract negotiations will begin with the top ranked Firm. Should negotiations with the highest ranked Firm fail to yield a contract, or if the Firm is unable to execute the City’s contract, negotiations will be formally ended and then commence with the second highest ranked Firm, etc. However, the City, may, in its sole discretion, negotiate and award a contract without presentations or interviews, based solely on information supplied in the proposal responses. GENERAL TERMS and CONDITIONS A. ADDENDA If it becomes necessary to revise any part of this proposal, prior to the due date and time, a written addendum will be provided to all known interested Offeror. The City is not bound by any oral representations, clarifications, or changes made in the written specification by the City’s employees, unless such clarification of change is provided to Offerors in written addendum form from the City. Addenda will be transmitted to all that are known to have received a copy of the request for proposal and specifications. However, it shall be the sole responsibility of the Offeror to verify issuance of any addenda and to check all avenues of document availability prior to the opening date and time. Offeror shall provide written acknowledgment of all addenda. B. BUSINESS PRACTICES Minority business enterprises and/or historically underutilized businesses will be afforded full opportunity to submit proposals in response to this invitation and will not be discriminated against on the grounds of race, color, creed, sex, or national origin in consideration for an award. C. CERTIFICATION This Solicitation includes a certification page. Offeror must: 1. Furnish complete name, mailing address, telephone number and email of the individual duly authorized to execute contractual documents on behalf of the Offeror. 2. Furnish name of individual(s), along with respective telephone numbers and email addresses, who will be responsible for answering all questions. 3. Certify that they have not conspired with any other potential Offerors in any manner to attempt collusion, conspiracy or otherwise obtain an advantage against the City. 4. Certify that they are duly qualified, capable and otherwise bondable business entity not in receivership or contemplating same, and has not filed bankruptcy. Page 25 of 74 City of Georgetown RFP No. 202113 – Parks and Recreation Master Plan Page | 7 D. COLLUSION Advanced disclosures of any information to any particular Offeror which gives that particular Offeror any advantage over any other interested Offeror in advance of the opening of Proposals, whether in response to advertising or an informal request for proposals, made or permitted by a member of the governing body or an employee or representative thereof, will cause to void all responses to that particular solicitation or request. E. COMMUNICATION To insure the proper and fair evaluation of this Proposal, the City prohibits ex parte communication (e.g., unsolicited) initiated by the Offeror to the City Official or Employee evaluating or considering the Responses prior to the time an award has been made. Communication between Offerors and the City will be initiated by the appropriate City Official or Employee in order to obtain information or clarification needed to develop a proper and accurate evaluation of the Proposal(s). Ex parte communication may be grounds for disqualifying the offending Offeror from consideration or award, or any future Solicitation. Unless otherwise specified, all requests for clarification or questions regarding a Solicitation must be directed as provided herein. F. DISCLOSURE All proposals will be kept confidential during the negotiation process. Except for trade secrets and confidential information which Offerors identify as proprietary, all proposals will be open for public inspection after the contract award. G. DISCLOSURE OF CONFLICT OF INTEREST Chapter 176 of the Texas Local Government Code requires that any vendor or person considering doing business with a local government entity disclose the vendor or person's affiliation or business relationship that might cause a conflict of interest with a local government entity. The Conflict of Interest Questionnaire form is available from the Texas Ethics Commission at www.ethics.state.tx.us. Any completed Conflict of Interest Questionnaires shall be submitted to the City. Any attempt to intentionally or unintentionally conceal or obfuscate a conflict of interest may automatically result in the disqualification of the vendor's offer. H. DISCLOSURE OF INTERESTED PARTIES Contracting hereunder may require compliance with §2252.908 Texas Government Code/Disclosure of Interested Parties for contracts that (1) require an action or vote by the City Council before the contract may be signed; or (2) has a value of at least $1 million. The law provides that a governmental entity may not enter into certain contracts with a business entity unless the business entity submits a disclosure of interested parties to the governmental entity at the time the business entity submits the signed contract to the governmental entity or state agency. The process as implemented by the Texas Ethics Commission (“TEC”) is as follows: a. The disclosure of interested parties must be performed using the Te xas Et h ics Com mission ’s electronic filing application listing each interested party of which the business entity is aware on Form 1295, obtaining a certification of filing number for this form from the TEC, and printing a copy of it to submit to the City. b. The copy of Form 1295 submitted to the City must be notarized and contain the unique certification number from the TEC. The form must be filed with the City pursuant to Section 2252.908 Texas Government Code, “at the time the business entity submits the signed contract” to the City. c. The City, in turn, will acknowledge a copy of the disclosure form to the TEC not later than the 30th day after the date the City receives the disclosure of interested parties from the business entity. Page 26 of 74 City of Georgetown RFP No. 202113 – Parks and Recreation Master Plan Page | 8 I. EFFECTIVE DATE and TERM The Agreement shall be effective upon the latter of the following: the Offeror’s signature on the Proposal and approval by the City Council, or their designee and issuance of an agreement and shall continue in effect until all obligations are performed in accordance with the terms and conditions herein. J. EXCEPTIONS Any deviations from terms, conditions or specifications contained herein must be clearly indicated in the Proposal. Any deviations or exceptions are subject to review by the City and may deem the Proposal disqualified or non-responsive. If no exceptions are stated, it will be understood that all general terms and conditions and specific requirements will be complied with, without exception. K. INTERLOCAL AGREEMENT Other governmental entities may be extended the opportunity to purchase from Solicitations awarded by the City, with the consent and agreement of the successful Firm(s) and the City. Such consent and agreement shall be conclusively inferred from lack of exception to this clause in Firm’s Response. However, all parties indicate their understanding and all parties hereby expressly agree that the City is not an agent of, partner to or representative of those outside agencies or entities and that the City is not obligated or liable for any action or debts that arise out of such independently negotiated piggyback procurements. L. MANAGEMENT Should there be a change in management after the due date and time, but before a contract is awarded, Offerors must notify the City immediately. This may result in further evaluation. Should a change in management occur after the contract is awarded, the contract shall be canceled unless a mutual agreement is reached with the new owner or manager to continue the contract. Any resulting contract is nontransferable by either party. M. PERSONAL INTEREST No officer, employee, independent consultant or elected official of the City who is involved in the development, evaluation or decision-making process of this Solicitation shall have a financial interest, direct or indirect, in the resulting Agreement. Any willful violation of this Paragraph shall constitute impropriety in office, and any officer or employee guilty thereof shall be subject to disciplinary action up to and including dismissal. In the event a member of the governing body or an appointed board or commission of the City belongs to a cooperative association, the City may purchase services from the association only if no member of the governing body, board or commission will receive pecuniary benefit from the purchase, other than as reflected as in increase in dividends distributed generally to members of the association. Any violation of this provision with the knowledge, expressed or implied, by the Vendor shall render the Agreement voidable by the City. Nevertheless, the City may obtain the services under the Agreement if a conflict of interest affidavit is filed and the Council member recuses his/herself. N. PRICE WARRANTY The Offeror warrants that the prices proposed are fair and reasonable and not higher than those for similar projects of the same size and scope offered to other local governments in the United States. O. PRIORITY of DOCUMENTS In the event there are inconsistencies between the RFP terms and conditions, scope of work or Agreement terms and conditions contained herein, the latter will take precedence. P. PROHIBITED OFFERORS Page 27 of 74 City of Georgetown RFP No. 202113 – Parks and Recreation Master Plan Page | 9 The City of Georgetown prohibits conducting business with Offerors under the following conditions: a. Offerors who have failed to comply with their state contracts and have been debarred from doing business with the State of Texas. b. By signing and submitting this Proposal, Offeror certifies that either (1) Offeror a sole proprietorship or company with fewer than ten (10) employees, or (2) does not currently boycott Israel and will not boycott Israel during the term of the agreement. Further, Offeror certifies Offeror is not engaged in business with Iran, Sudan, or a foreign terrorist organization. Q. PROTEST PROCEDURES 1. Offerors are advised that protests of specifications, terms, conditions or any other aspect of this solicitation, must be made prior to the proposal due date. Protest of specifications and solicitation terms and conditions made after the due date and time will not be considered by the Buyer. 2. Protest of award must be made immediately, and in no event later than five (5) days after the aggrieved party knows, or should have known, the facts giving rise thereto. All protests must include the following information: • The name, address and telephone number of the protestor • The signature of the protestor or protestor’s representative • The solicitation or contract number • A detailed statement of the legal and/or factual ground of the protest • The form of relief/result requested Protest shall be mailed to the Purchasing Department, P.O. Box 409, Georgetown, TX 78627, Attention: Purchasing Manager. Award will be made in the best interest of the City. R. PUBLIC INFORMATION All Proposals are subject to release as public information unless the Response or specific parts of the Response can be shown to be exempt from the Texas Public Information Act. Offerors are advised to consult with their legal counsel regarding disclosure issues and take the appropriate precautions to safeguard trade secrets or any other proprietary information. The City assumes no obligation or responsibility for asserting legal arguments on behalf of potential Offerors. If an Offeror believes that a Response or parts of a Response are confidential, then the Offeror shall so specify. The Offeror shall stamp in bold red letters the term "CONFIDENTIAL" on that part of the Response, which the Offeror believes to be confidential. Vague and general claims as to confidentiality shall not be accepted. All Responses and parts of Responses that are not marked as confidential will be automatically considered public information. S. REIMBURSEMENTS There is no expressed or implied obligation for the City of Georgetown to reimburse responding firms for any expenses incurred in preparing proposals in response to this Request for Proposal and the City will not reimburse responding firms for these expenses, nor will the City pay any subsequent costs associated with the provision of additional information or presentation, or to procure a contract for these goods or services. T. REPRESENTATIONS and RESPONSIBILITIES By submitting a proposal in response to this RFP, Offeror represents that it has carefully read and understands all elements of this RFP; has familiarized itself with all federal, state, and local laws, ordinances, and rules and regulations that in any manner may affect the cost, progress, or performance of the work; and has full knowledge of the scope, nature, quality and quantity of services to be performed. Page 28 of 74 City of Georgetown RFP No. 202113 – Parks and Recreation Master Plan Page | 10 By submitting a proposal in response to this RFP, the Offeror represents that it has not relied exclusively upon any technical details in place or under consideration for implementation by the City, but has supplemented this information through due diligence research and that the Offeror sufficiently understands the issues relative to the indicated requirements. The failure or omission of Offeror to receive or examine any form, instrument, addendum, or other documents or to acquaint itself with existing conditions or other details shall in no way relieve any Offeror from any obligations with respect to its proposal or to the contract. U. RESERVATIONS The City reserves the right to request clarification or additional information specific to any response after all Responses have been received and the solicitation due date has passed. Additionally, the City reserves the right to accept or reject all or part of any Response, waive any formalities or technical inconsistencies, delete any portion of the Scope of Work, or terminate the Solicitation when deemed to be in City’s best interest. V. RESPONSES BECOME PROPERTY OF THE CITY Submissions received in response to this Request for Proposal become the sole property of the City. W. STANDARD FORM of AGREEMENT The City’s Standard form of Agreement is attached as Exhibit A. The successful Offeror will be required to execute this Agreement. All Offerors shall be required to thoroughly read and understand the terms, condition and provisions in this Agreement. All required Certificates of Insurance and endorsements will be required before award recommendation is taken to City Council. Any exceptions taken to the City’s Standard Form of Agreement must be indicated in your Response. Failure to note any exceptions will be acknowledgement that you accept the terms and condition without modifications. X. WITHDRAWAL by CITY The City makes no guarantees or representations that any award will be made and reserves the right to cancel this solicitation for any reason, including: • Reject any and all proposals received as a result of this RFP. • Waive or decline to waive any informality and any irregularities in any proposal or responses received. • Negotiate changes in the Scope of Work or services to be provided. • Withhold the award of contract(s). • Select Offeror(s) it deems to be most qualified to fulfill the needs of the City. Offeror(s) with the lowest priced proposal(s) will not necessarily be selected, since a number of criteria other than price are important in the determination of the most acceptable proposal(s). • Terminate the RFP process. Y. WITHDRAWAL by OFFEROR Offerors may request withdrawal of a sealed Proposal prior to the scheduled opening time, provided the request for withdrawal is submitted to the City in writing. Z. VENUE Any contract awarded as a result of this RFP shall be governed by and construed in accordance with the laws of the State of Texas, and is fully performable in Georgetown, Texas, and venue for any action related to this contract will be Williamson County, Texas. Page 29 of 74 City of Georgetown RFP No. 202113 – Parks and Recreation Master Plan Page | 11 BACKGROUND and CURRENT CIRCUMSTANCES A. CITY of GEORGETOWN Georgetown is a Home Rule Charter City and operates under a Council - Manager form of government. A mayor, elected at large, and seven council members, elected from single member districts, serve staggered, three-year terms. Georgetown is located on Interstate 35, the major corridor between Dallas and San Antonio, at the intersection of State Highway 130. The City, home of the Most Beautiful Town Square in Texas, was founded in 1848 with a strong agricultural base, in the heart of Williamson County, 26 miles north of Austin. Georgetown has an estimated population of 71,581 within the city limits, with an estimated population of 93,961 within the extra- territorial jurisdiction (ETJ) and serves as the county seat of Williamson County. Since 2008, the City’s population has grown by 40 percent and the city limits have expanded from 50 sq. miles in 2010 to 59 sq. miles in 2019. Georgetown’s economic development initiatives to expand jobs and tax base have been with a careful focus of maintaining and expanding its status as a signature destination. The award winning historic downtown square, along with its extensive, award-winning parks and river trail systems along the North and South San Gabriel Rivers and Lake Georgetown have been leveraged to make the City one of the most attractive places to live and work. This unique character and small-town charm was a key factor for Del Webb Corporation when it built its first Texas development in Georgetown with the 1995 opening of Sun City, Texas. Today, over 7,200 homes with over 13,500 retirees make Sun City and Georgetown their home. Georgetown is also home to Southwestern University, which continues to receive national recognition. With more than 1,528 students and over 500 employees, the University provides substantial economic and cultural contributions to Georgetown. B. CURRENT CIRCUMSTANCES As a function of City Government, the Georgetown Parks and Recreation Department (GPARD) is the principal provider of recreation and park facilities and programs for the City of Georgetown. Our mission is to enhance the quality of life for Georgetown residents. More specifically, the mission of the Parks Department is to take pride in creating and preserving outdoor spaces for the enjoyment of everyone and the mission of the Recreation Department is to create an environment that provides opportunities for positive experiences and personal growth. We operate 42 parks throughout the City that encompass 1,081 acres including 8 baseball/softball diamonds, 12 rectangle fields, 12 tennis courts, 33 playgrounds and more than 18 miles of trails. GPARD provides a variety of recreation opportunities for youth and adults in the areas of athletics, aquatics, instructional programs, special events and senior adult activities well as maintenance and operations of our parks. We partner with a variety of other organizations to maximize our resources and further expand recreation opportunities throughout the City. The most recent Parks and Recreation Master Plan was completed in 2008 and adopted in 2009. In November 2008, Georgetown voters approved a referendum authorizing the City to issue $35 million in general obligation bonds to improve the existing park system through the acquisition of parkland, the construction of new parks and facilities and the renovation and improvement of existing parks. Approximately 90 acres have been acquired for a future park on the westside of Georgetown. Renovations Page 30 of 74 City of Georgetown RFP No. 202113 – Parks and Recreation Master Plan Page | 12 to San Gabriel Park have been ongoing since 2016, Garey Park, a 525-acre park, was developed and opened in 2018, and hike and bike trail expansions have occurred. In addition, there has been new neighborhood park development and redevelopment of existing neighborhood parks. The VFW girls fast pitch softball complex was renovated in 2017. Renovations and improvements to existing parks have been ongoing for the past few years. Each year the City adopts a capital improvement program to continue improvements to the parks. The City updated its 2030 Comprehensive Plan in March 2020. Other plans that have recently been adopted include the Sidewalk Master Plan, Convention and Visitor Bureau’s Tourism Strategic Plan and the Bicycle Master Plan. In addition, the City’s Parkland Dedication Ordinance was recently updated in July 2019 to include a park development fee in addition to land dedication. Beginning in fiscal year 2017, the City of Georgetown embarked on an expansion of the Performance Management Program (PMP) to further integrate the City Council and City Manager’s strategic planning with operations. The PMP is based upon a department’s mission in a manner that aligns with the City’s Vision and reinforces the City’s Core Values. The program is used as a tool that aids in monitoring productivity and performance, while identifying trends and patterns to understand when a service area is strained or operating at peak performance. In addition, the parks and recreation departments have created business plans that align with goals, strategies and performance measures. The Parks and Recreation Department has been the recipient of the Texas Recreation and Parks Society Gold Medal Award numerous times, the most recent in 2017. In addition, the department won NRPA’s National Gold Medal Award in 1998. SCOPE OF WORK The City has a strong commitment to provide high quality parks and recreation facilities and programs for citizens of the community. Offeror will have the ability to effectively and efficiently gather input from key stakeholders and the general public, translate their input in to clear and concise vision for the community, and make creative recommendations for the implementation of the vision for the next ten (10) years. Understanding of the history and character of the community will be critical to the completion and adoption of the plan and to its successful implementation. Understanding the indoor recreation needs as well as the outdoor needs of current and future residents by positioning Georgetown to build on the community’s unique parks and recreation assets and identify new opportunities. The consultant will create a document for distribution to the public. This plan should meet the Texas Parks and Wildlife Master Plan requirements. This plan will cover the entire City of Georgetown corporate limits plus immediate areas within the ETJ. The Parks and Recreation Master Plan will become an element of the City’s 2030 Comprehensive Plan that was recently updated in 2020. The Parks and Recreation Master Plan will require the approval of the Parks and Recreation Advisory Board, Planning and Zoning Commission and City Council. This citizen driven plan will establish a clear direction to guide City staff, parks advisory board and elected officials as to the growth, development and enhancement of the community’s parks, public spaces, recreation programs, services and facilities. A. REQUIRED SERVICES Page 31 of 74 City of Georgetown RFP No. 202113 – Parks and Recreation Master Plan Page | 13 1. Project Management & Coordination The consultant will conduct meetings and communicate with City staff on a regular basis throughout all phases of the project to review and comment upon work products, refine plan objectives and develop recommendations. The following are suggested as the minimum requirements: a) One (1) project orientation/kick-off meeting with City staff to review previous planning efforts, data collection, the work plan, timeline and details of the master plan process. b) A minimum of six (6) meetings and/or presentations with City staff at key points throughout the process. Deliverables will include final work plan, process flowchart and timeline, project team meeting schedules, agendas, handouts, and meeting minutes. 2. Data Collection and Analysis The City will provide to the consultant demographic data on the geography and population specific to Georgetown including projected growth figures for the stated time period of the plan. The City will provide to the consultant an inventory of parks, recreation facilities and programs offered by GPARD, as well as other public and not-for-profit providers within Georgetown. The consultant will assess how the various demographic characteristics affect the recreational habits of Georgetown residents and determine how existing park areas, programming and services could be modified to better meet the needs of the City residents. Complete gap analysis to identify underserved areas of the community with respect to parks, programs, and services. Deliverables will include maps, tables and reports reflecting all inventories, evaluations and analyses of data. 3. Evaluation of Current Level of Service (LOS) The consultant will evaluate and analyze the current level of service provided by GPARD including Parks and Recreation Facilities owned, leased and operated by the City, open space and trails and all Services and Programs offered by GPARD including Administration, Park Maintenance, Athletics, Aquatics and Recreation Programming. This evaluation includes both outdoor and indoor facilities. The evaluation will include at a minimum: a) Analysis of current recreation facilities and parks and determine opportunities for improvement. b) Analysis of future development and expansion opportunities for each park including property currently held by the City for Open space and/or future parks. c) Evaluation of current park and recreation facility usage trends. d) Evaluation of the City’s current recreation and parks budget, staffing and park maintenance operations. e) Evaluation and analysis of existing programs, both outdoor and indoor. Deliverables will include maps, tables and reports reflecting all inventories, evaluations and analyses of data. 4. Benchmarking & Comparison of Parks and Recreation Resources The consultant shall provide a benchmark comparison of existing parks, facilities and programs assessing GPARD’s ability to provide recreation opportunities to the existing and future residents of the City in comparison to the appropriate national standards (such as NRPA Park Metrics) and/or public recreation and parks departments in communities of similar size and demographics. The Page 32 of 74 City of Georgetown RFP No. 202113 – Parks and Recreation Master Plan Page | 14 consultant should also consider any emerging trends or best practices that may impact GPARD’s ability to provide recreation opportunities in the future. The following are suggested as the minimum requirements but should not be considered all inclusive: a) Parkland acres per capita b) Recommended number of recreation facilities including indoor facilities c) Open Space acres d) Recreation/sports programs and services e) Usage patterns f) Overall budgets and staffing levels. Deliverables will include maps, tables and reports reflecting all inventories, evaluations and analyses of data. 5. Public Input, Community Engagement and Outreach In coordination with City staff, the consultant will conduct a well-publicized public involvement process using various forums and media to reach Georgetown citizens. The following are suggested as the minimum requirements: a) A minimum of sixteen (16) one-on-one and focus group interviews with stakeholders, identified officials and community leaders (i.e. elected and appointed officials, key City staff, GPARD staff, etc.). b) Three (3) public workshops to provide broad-based community input. The consultant is expected to facilitate these meetings. c) A minimum of two (2) meetings with the Parks Board and the City Council to provide progress reports d) Utilize an on-line digital public engagement survey tool that that shall enable meaningful and far reaching public involvement. City staff will review and approve the survey tool and questions. e) Act as professional facilitators to gather specific information about services, use, preferences and any agency strengths, weaknesses, opportunities and threats. Note: The City shall be responsible for the arrangement, notice and any other costs associated with the above meeting schedule. The consultant shall review with the project manager all prepared information for the public meetings at least three (3) days prior to the scheduled meetings. Deliverables will include community involvement plan, agendas, handouts, graphics, survey instruments, survey report, workshop reports, interview instruments, PowerPoint presentations, reports of findings from meetings, workshops, interviews; public information plan, graphic and text materials for distribution. 6. Demand/Needs Analysis Based on an analysis of the demographic information, the evaluation of the current level of service and outcomes of the public involvement process, the consultant will prepare a needs assessment specific to Georgetown. This data will provide the basis for determining the priorities and needs of the City over the next ten (10) years. The analysis should specifically address the following: a) Determine how well park acreage is spread throughout the system b) Determine if enough amenities through needs assessment and gap analysis are available to meet the needs of the community. c) Determine trails and greenbelt land acquisition and development needs Page 33 of 74 City of Georgetown RFP No. 202113 – Parks and Recreation Master Plan Page | 15 d) Determine facility needs for additional indoor recreation at existing facilities and new facilities e) Provide a clear plan for development of programming direction based on standards and demand analysis f) Provide recommendation for the best possible provider and potential partnerships Deliverables will include maps, tables and reports reflecting all inventories, evaluations and analyses of data. 7. Develop Priorities and Recommendations The consultant will develop and/or refine a set of prioritized recommendations including a proposed timeline and costs related to each of the following: a) Renovation, Improvement or Expansion of Existing Parks and Recreation Facilities, b) Acquisition and Development of New Parks and Recreation Facilities, c) Acquisition of land for new parks, facilities and Open Space, d) Development of Trail System(s), seeking connectivity and opportunities and e) Best practices and innovative strategies for improvements to GPARD operations and organization. f) Identify funding sources and/or potential ballot initiatives that would be supported by the community for future capital needs. Deliverables will include maps, tables and reports reflecting all inventories, evaluations and analyses of provided and collected data. 8. Presentation of Recommendations and Draft Report The consultant shall provide a draft report to City staff making recommendations in the following areas for review. The draft report will incorporate the following: a) Introduction b) Executive Summary c) Results of Demographic Profile d) Analysis of Current Level of Service e) Benchmarking & Comparison of Parks and Recreation Resources f) Summary of Public Input Process g) Demand/Needs Analysis h) Ten (10) Year Implementation Plan with Prioritized Recommendations including: i. Acquisition and Development of New Parks and Recreation Facilities ii. Renovation, Improvement or Expansion of Existing Parks and Recreation Facilities iii. Acquisition and Protection of Open Space iv. Development of Trail System(s) v. Best practices and innovative strategies for improvements to GPARD operations and organization i) Budgeting and Funding Priorities and Recommendations j) Identification of potential funding sources and/or potential ballot initiatives that would be supported by the community for future capital needs. The consultant will provide an opportunity for draft review by City staff and incorporate those revisions into the final document. Deliverables will include draft document including all reports, tables, maps and findings in both printed Page 34 of 74 City of Georgetown RFP No. 202113 – Parks and Recreation Master Plan Page | 16 and electronic formats suitable for review, comment and modification by City staff. 9. Final Presentations and Adoption The consultant will provide a final Parks and Recreation Master Plan and prepare a digital presentation to present with City staff, to the Georgetown Parks and Recreation Advisory Board and City Council for recommendation and adoption. a) Deliver Final Plan & Supporting Materials i. The final master plan document will include all approved elements from the draft report including all agreed upon staff changes. ii. The final plan will also include an executive summary of the master plan document. b) Presentation of the Final Plan to Georgetown Parks and Recreation Advisory Board and Georgetown City Council. Deliverables will include five (5) printed copies of the final document, and electronic copies including maps and all graphics in DWF/DWG compatible format (USB flash drive). 10. Provided by the City a) A City Project Manager – GPARD Agency Director b) A City Advisory Committee – Staff from City Departments c) Access to existing studies, plans, programs and other data in its possession relevant or beneficial to the successful completion of the Parks and Recreation Master Plan d) Existing available data concerning community profile of demographics and mapping of Georgetown in digital\GIS format where possible including but not limited to: i. Population Trends and Projections ii. Age and Education iii. Employment and Income iv. Housing Characteristics e) Access to applicable City records such as: i. GPARD Budget Information for fiscal years 2015 – 2020. ii. GPARD Organizational Chart. iii. List and copies of existing operational partnerships between Georgetown and area schools, organizations, leagues or other community groups. iv. List of programs and existing brochures offered by GPARD. v. Inventory of all City parks and recreation facilities. vi. Summary of recently completed and current capital projects related to recreation and parks. vii. NRPA Park Metric data viii. Departmental business plans and performance management plans f) An inventory of parks, recreation facilities and programs offered by public and not-for-profit providers within Georgetown. g) Outline of information desired for community surveys. h) Assistance with Public Workshops. B. Additional Services 1. Develop a Cost Recovery Plan and Policy The City may request the development of a methodology and model for resource allocation and pricing through a Cost Recovery Plan and Policy. The purpose is to develop strategic resource allocation for services and programs. This operational philosophy outlines the methodology for setting fees for programs and services to guide decision making to ensure financial stability. Page 35 of 74 City of Georgetown RFP No. 202113 – Parks and Recreation Master Plan Page | 17 a) Evaluate existing fee structures for recreational programs and services. b) Analysis of revenues to expenditures including current resident and non-resident fees. c) Develop a methodology and target recovery rates for service categories. d) Develop a pricing strategy. e) This effort is to be coordinated through Public Input, Community Engagement, and Outreach process. Deliverables will include a recommendation and draft Cost Recovery Plan and Policy document including all reports, tables, models and findings in both printed and electronic formats suitable for review, comment and modification by City staff. EVALUATION and SELECTION PROCESS The City has attempted to provide a comprehensive statement of requirements through this RFP for the work contemplated. Written proposals must present Offeror's qualifications and understanding of the work to be performed. Offerors are asked to address each evaluation criteria and to be specific in presenting their qualifications. Proposals must be as thorough and detailed as possible so that the City may properly evaluate capabilities to provide the requested services. By submission of a proposal, Offeror acknowledges acceptance of the evaluation process, the evaluation criteria, scope of work, approach and methodology, and all other terms and conditions set forth in this RFP. Further, Offerors acknowledge that subjective judgements must be made by the City during this process. The evaluation process may include, but is not limited to the following steps. Steps may be omitted or reordered depending on the proposal evaluation requirements. For example, Best and Final Offers may be required prior to Interviews and/or Presentations. A. CLARITY AND QUALITY OF PROPOSAL Pass/Fail Firms must provide comprehensive responses to every section within this RFP in the described format. It is not the intent of the City to constrain Firms with regard to content, but to assure that the specific requirements set forth in this RFP are addressed in a uniform manner amenable to review and evaluation. Failure to do so may result in your Proposal being disqualified from further review and consideration. B. PROPOSAL EVALUATIONS The City has established specific, weighted criteria for selection. This section presents the evaluation criteria, description, and relative weight assigned to each (100 points maximum). The City will evaluate each Offeror’s responses to the requirements contained in this RFP. Offeror Background 25 points Project Experience and Qualifications 20 points Methodology and Technical Approach 30 points Comments/Change Requests to Exhibit A 5 points C. COST EVALUATION Price shall be considered, but shall not be the sole determining factor. Page 36 of 74 City of Georgetown RFP No. 202113 – Parks and Recreation Master Plan Page | 18 Cost Proposal 20 points D. REFERENCE CHECKS The City reserves the right to check any reference(s), regardless of the source of the reference information. Information may be requested and evaluated from references. The City reserves the right to use a third party to conduct reference checks. Only top scoring Offerors may receive reference checks and negative references may eliminate Offerors from further consideration. E. INITIAL EVALUATION and RANKING Following the Technical and Cost proposal evaluation, the City will compile the final scores. If the Evaluation Committee determines that clarifying information is not required, the evaluation process is complete. The award recommendation will be made to the Offeror which, in the City’s opinion, has submitted the Proposal most beneficial to the City for award. F. INVITATIONS FOR ORAL INTERVIEWS The Evaluation Committee may conclude after completion of the Technical and Cost Proposal evaluation(s) that oral interviews/presentations and/or demonstration are required in order to determine the most qualified Offeror. The selection of firms to make presentations will be based on the initial Evaluation and Ranking. All Offerors may not necessarily be extended an invitation for oral interviews. The City reserves the right to select Firms to interview that are most susceptible of being selected for an award of a contract. G. ORAL INTERVIEWS, PRESENTATIONS or DEMONSTRATIONS Selected Firms may be given an opportunity for oral interviews, presentations and/or demonstrations. The presentation process will allow Offerors to demonstrate their proposal offering, explaining and/or clarifying any unusual or significant elements related to their Proposals. At this stage, Offerors shall not be allowed to alter or amend their proposals. The Evaluation Committee will score each presenting Offeror: Oral Interviews 10 points H. FINAL EVALUATION and RANKING after ORAL INTERVIEWS The Evaluation Committee will make its recommendation for award based on the Offeror with the highest point total. Total score being determined using the following formula: (original technical score + original cost score) + (oral interview score) = final total score. I. BEST and FINAL OFFER The Evaluation Committee may determine that Best and Final Offers are required. If Best and Final Offers are requested and submitted by Offerors, they will be evaluated using the stated criteria and scored by the Evaluation Committee. (Offerors are highly encouraged to provide its best offer in the original Proposal. Offerors should not expect that the City will request a Best and Final Offer). J. FINAL SCORING and RANKING after BEST and FINAL OFFERS The Evaluation Committee will make its recommendation for award based on the Offeror with the highest point total. Total score being determined using the following formula: (original technical score + oral interview score) + (best and final offer cost score) = final total score SUBMISSION REQUIREMENTS The City will not accept oral proposals, or proposals received by telephone or FAX machine. Proposals must be prepared simply and economically, providing a straightforward, concise description of Offeror’s Page 37 of 74 City of Georgetown RFP No. 202113 – Parks and Recreation Master Plan Page | 19 ability to meet all requirements and specifications of this RFP. Emphasis should be focused on completeness, clarity of content and responsiveness to all requirements and specifications of this RFP. The proposal may be submitted electronically and hard copy. If submitting in hard copy, Offeror shall submit 1 original and 7 copies of the entire proposal, plus 1 digital copy (on CD, DVD or thumb drive). Refer to https://gtowntx.ionwave.net/Login.aspx for further information on how to submit proposals electronically. The City of Georgetown requires comprehensive responses to every section within this RFP. To facilitate the review of the responses, Offerors shall follow the described format. The intent of the proposal format is to expedite review and evaluation. It is not the intent to constrain Offerors with regard to content, but to assure that the specific requirements set forth is this RFP are addressed in a uniform manner amenable to review. TAB A OFFEROR BACKGROUND 1. Briefly introduce the firm and provide number of years in business. What is the Mission/Vision statement and primary purpose or focus of the work of the firm? 2. List up to five (5) Parks, Recreation and Open Space Planning projects or similar work and any awards associated with those projects. 3. Who are the principals/leaders of the firm and what is their background, years of experience and role in relation to this project. 4. Provide the total number of projects your Firm will be managing in addition to this project during the period of performance based upon executed contracts and any vendor negotiations. 5. List members of the proposed project team, list years of experience, list work on similar projects and role in those projects and list proposed role and responsibilities for this project. Include resumes for each person to be assigned. Include any professional designations and affiliations, certifications and licenses, etc. 6. List the home office address of each proposed team member. 7. Include the same for any associate firm or sub-consultant (make this the last point of this section so that we capture all of this info for all parties) TAB B PROJECT EXPERIENCE and QUALIFICATIONS 1. Describe up to five (5) projects that are complementary in nature to this project, with professional references. 2. Provide lessons learned; describe those practices which you would sustain and/or improve. 3. Provide examples of innovative approaches in public outreach. 4. Provide examples of success communities have had in implementing plans completed by the Firm 5. Describe your Firm’s experience working with communities classified as fast growing? 6. Identify the Project Manager and each individual who will work as part of this engagement. Include resumes for each person to be assigned. Include any professional designations and affiliations, certifications and licenses, etc. 7. Provide the number of years the project manager been with your Firm? 8. Confirm if your Firm will employ a technical writer and a graphic designer in reviewing and creating content for this project? 9. Identify who within your Firm will manage GIS analysis and products for this project? 10. Provide your firm or sub-consultant’s experience with cost recovery policy development? 11. Provide an organizational chart indicating positions and name of the core management team that will undertake this project. TAB C METHODOLOGY and TECHNICAL APPROACH Page 38 of 74 City of Georgetown RFP No. 202113 – Parks and Recreation Master Plan Page | 20 1. Provide a narrative description of the Firms’ plan to accomplish the work and services to be provided to the City. 2. Clearly acknowledge your understanding of the scope of work, including a detailed approach to completing this project in a phase by phase fashion, including the time frame expected to complete each phase and staff assignments for each phase of the project. 3. Provide suggestions and ideas for completing this project in an efficient, effective and innovative manner. 4. Clearly identify materials and knowledge resources that the Firm will need from the City to complete this project. 5. Identify progress reports that will be made available during the process and key decision points. 6. Clearly distinguish the Firms’ duties and responsibilities and those of the City. Absence of this distinction shall mean the Firm is assuming full responsibility for all tasks. TAB D COST PROPOSAL 1. Provide a detailed cost proposal broken down by task or phase. The City may elect to complete any combination of tasks or phases. Indicate any cost savings available by completing one or more or any combination of tasks or phases. 2. The City anticipates a fixed not-to-exceed contract amount for all phases of work. Include hourly rates for employees, number of hours proposed by employee and their designated assignments, tasks by general position. 3. Provide cost for additional services stated in section B.1 of the RFP 4. Travel and other reimbursable expenses must be estimated for a not to exceed amount for contract duration and submitted separately from the service fees. 5. The actual contract amount will be negotiated after the Firm has been selected and the scope of work finalized. TAB E REFERENCES 1. A minimum of three (3) references should be included (preferably other City, town or local governments in Texas that the Offeror has provided services to). 2. References must include agency name, contact name and contact email. TAB F COMMENTS/CHANGE REQUESTS to EXHIBIT A A copy of the City's Standard Form of Agreement (SFA) is attached as Exhibit A to this RFP. Please provide any comments or change requests to the Agreement with the proposal submittal. Failure to submit requested changes will affirm that the Firm willing to execute the Agreement without modification. TAB G CERTIFICATION and ACKNOWLEDGEMENT PAGE Page 39 of 74 City of Georgetown RFP No. 202113 – Parks and Recreation Master Plan Page | 21 CERTIFICATION and ACKNOWLEDGMENT The undersigned affirms that they are duly authorized to submit this Proposal, that this Proposal has not been prepared in collusion with any other Offeror, and that the contents of this Proposal have not been communicated to any other Offeror prior to the official opening. Further, Offeror certifies that either (1) Offeror is a sole proprietorship or company with fewer than ten (10) employees, or (2) does not boycott Israel and will not boycott Israel during the term of the Agreement. Third, Offeror certifies that Offeror is not engaged in business with Iran, Sudan, or a foreign terrorist organization. Signed By: Title: Typed Name: Company Name: Phone No.: Fax No.: Email: Bid Address: P.O. Box or Street City State Zip Order Address: P.O. Box or Street City State Zip Remit Address: P.O. Box or Street City State Zip Federal Tax ID No.: DUNS No.: Date: Page 40 of 74 Consulting Agreement Contract No. 21-0044-CC EXHIBIT A STANDARD FORM OF AGREEMENT CONSULTATION AGREEMENT WITH THE CITY OF GEORGETOWN This Consultation Agreement (the “Agreement”) is entered into and made effective on the ______ day of ___________, _________ by and between _____________ (“Consultant”) and the City of Georgetown, Texas (“City”). 1. Scope of Services. Consultant agrees to provide such services as further described in Exhibit A, which is attached and incorporated herein. Any request by the Consultant for an increase in the Scope of Services and an increase in the amount listed in paragraph four of this Agreement shall be made and approved by the City prior to the Consultant providing such services, or the right to payment for such additional services shall be waived. If there is a dispute between the Consultant and the City respecting any service provided or to be provided hereunder by the Consultant, including a dispute as to whether such service is additional to the Scope of Services included in this Agreement, the Consultant agrees to continue providing on a timely basis all services to be provided by the Consultant hereunder, including any service as to which there is a dispute. 2. Supplement Provisions. Supplemental provisions applicable to this Agreement are included in Exhibit B and incorporated herein by reference. 3. City Terms Prevail. In the event there is a conflict between a term in Exhibit A or Exhibit B and a term in this agreement, the terms of this agreement shall prevail. 4. Total Compensation. The total compensation paid by the City to the Consultant, including expenses, under this agreement shall not exceed $________________. Payment schedule will be made in accordance with Exhibit C, which is attached and incorporated herein. 5. Term. The term of this Agreement shall be in effect until the services have been completed by Consultant, but in no event shall the term extend beyond ___________________. 6. Amendments. Any changes to the terms of this agreement will not be effective unless in writing and signed by both parties. 7. Insurance. Consultant shall procure and maintain at its sole cost and expense for the duration of this Agreement insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, volunteers, employees or subcontractors. The polices, limits and endorsements required are set forth in Exhibit D. Consultants insurance certificate satisfying the City insurance requirements is attached as Exhibit E. Page 41 of 74 Consulting Agreement Contract No. 21-0044-CC 8. INDEMNITY. THE CONSULTANT SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL SUITS, ACTIONS, LEGAL PROCEEDINGS, CAUSES OF ACTION, CLAIMS, DEMANDS, DAMAGES, JUDGMENTS, LOSSES, LIENS, COSTS, EXPENSES, ATTORNEYS’ FEES AND ANY AND ALL OTHER COSTS, FEES AND/OR CLAIMS OF ANY KIND OR DESCRIPTION ARISING OUT OF, IN CONNECTION WITH OR RESULTING FROM THE AGREEMENT OR SERVICES PROVIDED UNDER THE AGREEMENT OR FROM ITS NEGLIGENCE OR WILLFUL ACT WHETHER SUCH ACT BE BY THE CONSULTANT OR ITS DESIGNEE. THE CITY, AS A GOVERNMENTAL ENTITY IN THE STATE OF TEXAS, SHALL NOT INDEMNIFY THE CONSULTANT. 9. Release by Consultant. The Consultant releases, relinquishes and discharges the City, its elected officials, officers, directors, agents, employees, representatives and volunteers from all claims, demands, and causes of action of every kind and character, including the cost of defense, for any injury to or death of any person (whether employees of either party or other third parties) and any loss or damage to any property that is caused by or alleged to be caused by, arising out of, or in connection with the work it performed under this Agreement. This release shall apply regardless of whether the claims, demands and/or causes of action are covered in whole or in part by insurance. 10. Dispute Resolution. If either the Consultant or the City has a claim or dispute, the parties shall first attempt to resolve the matter through this dispute resolution process. The disputing party shall notify the other party in writing as soon as practicable after discovering the claim, dispute or breach. The notice shall state the nature of the dispute and list the party’s specific reasons for such dispute. Within ten (10) business days of receipt of the notice, both parties shall make a good faith effort, in person or through generally accepted means, to resolve any claim, dispute, breach or other matter in question that may arise out of, or in connection with, this Agreement. If the parties fail to resolve the dispute within sixty (60) days of the date of receipt of the notice of the dispute, then the parties may submit the matter to non-binding mediation upon written consent of authorized representatives of both parties. If the parties cannot resolve the dispute through mediation, then either party shall have the right to exercise any and all remedies available under law regarding the dispute. 11. Ownership of Documents. The City shall retain ownership of all associated work products and documentation obtained from or created by the Consultant pursuant to this Agreement. Consultant shall deliver all documents or other work product to the City upon request, including original versions if so specified in the request. 12. Payment Terms. All payments will be processed in accordance with Texas Prompt Payment Act, Texas Government Code, Subtitle F, Chapter 2251. The City will pay Consultant within thirty days after of receipt of a correct invoice for services. The Consultant may charge a late fee (fee shall not be greater than that permitted under the Texas Prompt Payment Act) for payments not made in accordance with this prompt payment policy; however, the policy does not apply to payments made by the City in the event: (a) there is a bona fide dispute between Page 42 of 74 Consulting Agreement Contract No. 21-0044-CC the City and Consultant concerning the goods, supplies, materials, equipment delivered, or the services performed, that causes the payment to be late; (b) the terms of a federal agreement, grant, regulation or statute prevents the City from making a timely payment with Federal funds; (c) there is a bona fide dispute between the Consultant and a subcontractor and its suppliers concerning goods, supplies, material or equipment delivered, or the services performed, which caused the payment to be late; or (d) the invoice is not mailed to the City in accordance with Agreement. 13. Termination for Convenience. The City shall have the right to terminate this Agreement, in whole or in part, without cause any time upon thirty (30) calendar days’ prior written notice. Upon receipt of a notice of termination, the Consultant shall promptly cease all further work pursuant to the Agreement, with such exceptions, if any, specified in the notice of termination. The City shall pay the Consultant, to the extent of funds appropriated or otherwise legally available for such purposes, for all services performed and obligations incurred prior to the date of termination. 14. Termination for Cause. In addition to the termination rights described above, either party may terminate this Agreement effective upon written notice to the other if the other breaches any of the terms and conditions of this Agreement and fails to cure that breach within thirty (30) days after receiving written notice of the breach. In the event of an incurable breach, the non-breaching party may terminate this Agreement effective immediately upon written notice to the breaching party. In addition to all other remedies available under law and in equity, the City may remove the Consultant from the City’s Vendor list in the event that this Agreement is terminated for cause and any offer submitted by the Consultant may be disqualified for up to three (3) years. 15. Non-Appropriation. This Agreement is a commitment of City’s current revenues only. It is understand and agreed that the City shall have the right to terminate this Agreement at the end of any City fiscal year if the governing body of the city does not appropriate funds sufficient to purchase the services. The City may terminate for non-appropriation by giving the Consultant a written notice of termination at the end of its then current fiscal year. 16. Notices. Any notice or communication permitted or required by this Agreement shall be deemed effective when personally delivered or deposited, postage prepaid, in the first class mail of the United States properly, or sent via electronic means, addressed to the appropriate party at the address set forth below: Notice to the Consultant: ______________________ ______________________ ______________________ ______________________ ______________________ Notice to the City: City of Georgetown Page 43 of 74 Consulting Agreement Contract No. 21-0044-CC ATTN: City Manager P.O. Box 409 Georgetown, Texas 78627 ________________@georgetown.org With a copy to: City of Georgetown ATTN: City Attorney P.O. Box 409 Georgetown, Texas 78627 ________________@georgetown.org 17. Independent Contractor. The Agreement shall not be construed as creating an employer/employee relationship, a partnership or joint venture. The Consultant’s services shall be those of an independent contractor. The Consultant agrees and understands that the Agreement does not grant any rights or privileges established for employees of the City. Consultant shall not be within protection or coverage of the City’s Worker Compensation insurance, Health Insurance, Liability Insurance or any other insurance that the City, from time to time, may have in force. 18. Force Majeure. The City and the Consultant will exert all efforts to perform the tasks set forth herein within the proposed schedules. However, neither the City nor the Consultant shall be held responsible for inability to perform under this Agreement if such inability is a direct result of a force substantially beyond its control, including but not limited to the following: strikes, riots, civil disturbances, fire, insurrection, war, embargoes, failures of carriers, acts of God, or the public enemy. 19. No Waiver. The waiver by either party of a breach or violation of any provision of this Agreement shall not operate as or be construed to be a waiver of any subsequent breach hereof. 20. Nondiscrimination. The Consultant, with regard to the work performed by it after award and prior to completion of this Agreement, shall not discriminate on the basis of race, color, sex, or national origin in the selection and retention of Sub-consultants, including procurements of materials and leases of equipment. The Consultant shall not participate either directly or indirectly in the discrimination prohibited by any federal, state or local law. 21. Right to Audit. The Consultant agrees that the representatives of the City shall have access to, and the rights to audit, examine, or reproduce, any and all Consultant records related to the performance under this Agreement. The Consultant shall retain all such records for a period of four (4) years after final payment on this Agreement or until all audit and litigation matters that the City has brought to the attention of the Consultant are resolved, whichever is longer. 22. Advertising and Publicity. Consultant shall not advertise or otherwise publicize, without the City’s prior written consent, the fact that the City has entered into the Agreement, except to the extent required by applicable law. Page 44 of 74 Consulting Agreement Contract No. 21-0044-CC 23. Confidential Information. Each party agrees not to use, disclose, sell, license, publish, reproduce or otherwise make available the Confidential Information of the other party except and only to the extent necessary to perform under this Agreement or as required by the Texas Public Information Act or other applicable law. Confidential Information shall be designated and marked as such at the time of disclosure. Each party agrees to secure and protect the other party’s Confidential Information in a manner consistent with the maintenance of the other party’s confidential and proprietary rights in the information and to take appropriate action by instruction or agreement with its employees, consultants, or other agents who are permitted access to the other party’s Confidential Information to satisfy its obligations under this Section. The provisions of this paragraph shall survive the term of the Agreement. 24. Contractor Certification regarding Boycotting Israel. Pursuant to Chapter 2270, Texas Government Code, Contractor certifies Contractor (1) does not currently boycott Israel; and (2) will not boycott Israel during the Term of this Agreement. Contractor acknowledges this Agreement may be terminated and payment withheld if this certification is inaccurate. 25. Contractor Certification regarding Business with Certain Countries and Organizations. Pursuant to Subchapter F, Chapter 2252, Texas Government Code], Contractor certifies Contractor is not engaged in business with Iran, Sudan, or a foreign terrorist organization. Contractor acknowledges this Agreement may be terminated and payment withheld if this certification is inaccurate. 26. Severability. This Agreement is severable and if any one or more parts of it are found to be invalid, such invalidity shall not affect the remainder of this Agreement if it can be given effect without the invalid parts. 27. Governing Law and Venue. This Agreement shall be governed by the laws of the State of Texas. Venue shall be located in Williamson County, Texas. 28. Successors and Assigns. This Agreement shall bind and inure to the benefit of the parties hereto and any subsequent successors and assigns; provided however, that no right or interest in the Agreement shall be assigned and no obligation shall be delegated by the Consultant without the prior written consent of the City. Any attempted assignment or delegation by the Consultant shall be void unless made in conformity with this Paragraph. 29. Third Party Beneficiaries. Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the City or the Consultant. 30. Entire Agreement. This Agreement, with all exhibits, includes the entire agreement of the City and the Consultant and supersedes all prior and contemporaneous agreements between the parties, whether oral or written, relating to the subject of this agreement. Page 45 of 74 Consulting Agreement Contract No. 21-0044-CC THE CITY OF GEORGETOWN {NAME OF CONSULTING FIRM} ______________________________ ________________________________ ________________, _____________ Name, Title Date Signed: ___________________ Date Signed:_______________ Approved as to form: _____________________________ _______________, Asst. City Attorney Page 46 of 74 Consulting Agreement Contract No. 21-0044-CC Exhibit A Scope of Services Page 47 of 74 Consulting Agreement Contract No. 21-0044-CC Exhibit B Supplemental Provisions Page 48 of 74 Consulting Agreement Contract No. 21-0044-CC Exhibit C Payment Terms [SELECT ONE OF FOLLOWING OPTIONS]: Compensation is based on actual hours of work/time devoted to providing the described services. The Consultant will be paid at a rate of $ per hour, or at the rates per service or employee shown below. The City will reimburse the Consultant for actual, non-salary expenses at the rates set forth below. Unless amended by a duly authorized written change order, the total payment for all invoices on this job, including both salary and non-salary expenses, shall not exceed the amount set forth in paragraph 1.03 of this Agreement ($ ). The Consultant must submit monthly invoices to the City, accompanied by an explanation of charges, professional fees, services, and expenses. The City will pay such invoices according to its normal payment procedures. Expenses shall be reimbursed as follows: [INSERT SPECIFIC PROVISION FOR EXPENSES] -OR- Payment is a fixed fee in the amount listed in Section 4 of this Agreement. This amount shall be payable by the City pursuant to the schedule listed below and upon completion of the services and written acceptance by the City. Schedule of Payment for each phase: [INSERT PAYMENT SCHEDULE HERE] Page 49 of 74 Consulting Agreement Contract No. 21-0044-CC Exhibit D Insurance Requirements I. The Consultant agrees to maintain the types and amounts of insurance required in this Agreement throughout the term of the Agreement. The following insurance policies shall be required: A. Commercial General Liability B. Business Automobile Liability C. Workers' Compensation D. Professional Liability II. For each of these policies, the Consultant’s insurance coverage shall be primary with respect to the City, its officials, agents, employees and volunteers. Any insurance or self- insurance carried or obtained by the City, its officials, agents, employees or volunteers, shall be considered in excess of the Consultant’s insurance and shall not contribute to it. No term or provision of the indemnification provided by the Consultant to the City pursuant to this Agreement shall be construed or interpreted as limiting or otherwise affecting the terms of the insurance coverage. All Certificates of Insurance and endorsements shall be furnished to the City’s Representative at the time of execution of this Agreement, attached hereto as Exhibit D, and approved by the City before work commences. III. General Requirements Applicable to All Policies. A. Only licensed insurance carriers authorized to do business in the State of Texas shall be accepted. B. Deductibles shall be listed on the certificate of insurance and are acceptable only on an “occurrence” basis. C. “Claims made” policies are not accepted, except for Professional Liability insurance. D. Coverage shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) calendar days prior written notice has been given to the City of Georgetown. E. The Certificates of Insurance shall be prepared and executed by the insurance company or its authorized agent. Each certificate shall contain the following provisions and warranties: 1. The insurance company is licensed and authorized to do business in the State of Texas 2. The insurance policy is underwritten on forms provided by the Texas State Board of Insurance or ISO 3. All endorsements and coverages are included according to the requirements of this Agreement 4. The form of notice of cancellation, termination, or change in coverage provisions is specified in this attachment Page 50 of 74 Consulting Agreement Contract No. 21-0044-CC F. The City of Georgetown, its officials, agents, employees, and volunteers are to be listed as Additional Insureds on the Commercial General Liability and Business Automobile Liability Policies. The coverages shall contain no special limitations on the scope of protection afforded the City, its officials, employees, and volunteers. V. Commercial General Liability requirements: A. Coverage shall be written by a carrier rated “A: VIII” or better in accordance with the current A. M. Best Key Rating Guide. B. Minimum Combined Single Limit of $1,000,000 per occurrence per project for bodily injury and property damage with a $2,000,000 annual aggregate limit. C. Coverage shall be at least as broad as Insurance Service's Office Number CG 00 01. D. No coverage shall be excluded from the standard policy without notification of individual exclusions being attached for review and acceptance. E. The coverage shall not exclude: premises/operations; independent contracts; products/completed operations; contractual liability (insuring the indemnity provided herein); and where exposures exist, Explosion, Collapse and Underground coverage. F. The City shall be listed as Additional Insured, and the policy shall be endorsed to waive rights of subrogation, to be primary and non-contributory with regard to any self-insurance or insurance policy held by the City. VI. Business Automobile Liability requirements: A. Coverage shall be written by a carrier rated “A:VIII” or better in accordance with the current Best Key Rating Guide. B. Minimum Combined Single Limit of $1,000,000 per occurrence for bodily injury and property damage. C. The Business Auto Policy must show Symbol 1 in the Covered Autos portion of the liability section in Item 2 of the declarations page. D. The coverage shall include owned, leased or rented autos, non-owned autos, any autos and hired autos. VII. Workers’ Compensation Insurance requirements: A. Pursuant to the requirements set forth in Title 28, Section 110.110 of the Texas Administrative Code, all employees of the Consultant, the Consultant, all employees of any and all subconsultants, and all other persons providing services on the Project must be covered by a workers compensation insurance policy, either directly through their employer’s policy (the Consultant’s, or subonsultant’s policy) or through an executed coverage agreement on an approved DWC form. Accordingly, if a subconsultant does not have his or Page 51 of 74 Consulting Agreement Contract No. 21-0044-CC her own policy and a coverage agreement is used, Consultants and subconsultants must use that portion of the form whereby the hiring Consultant agrees to provide coverage to the employees of the subconsultant. The portion of the form that would otherwise allow them not to provide coverage for the employees of an independent Consultant may not be used. B. The workers compensation insurance shall include the following terms: 1. Employer’s Liability limits of $1,000,000 for each accident is required. 2. “Texas Waiver of Our Right to Recover From Others Endorsement, WC 42 03 04” shall be included in this policy. 3. Texas must appear in Item 3A of the Worker’s Compensation coverage or Item 3C must contain the following: All States except those listed in Item 3A and the States of NV, ND, OH, WA, WV, and WY. VIII. Professional Liability requirements: A. Coverage shall be written by a carrier rated “A:VIII” or better in accordance with the current A. M. Best Key Rating Guide. B. Minimum of $1,000,000 per occurrence and $2,000,000 aggregate, with a maximum deductible of $100,000.00. Financial statements shall be furnished to the City upon request. C. For “claims made” policies, the availability of a 24-month extended reporting period is necessary. The retroactive date shall be shown on the certificate of liability insurance. Page 52 of 74 Consulting Agreement Contract No. 21-0044-CC Exhibit E Certificate of Insurance Page 53 of 74 Consulting Agreement Contract No. 21-0044-CC CONSULTATION AGREEMENT WITH THE CITY OF GEORGETOWN This Consultation Agreement (the “Agreement”) is entered into and made effective on the ______ day of ___________, 2021 by and between GreenPlay LLC., a Colorado limited liability company (“Consultant”) and the City of Georgetown, Texas, a home-rule municipality situated in Williamson County, Texas (“City”). 1. Scope of Services. Consultant agrees to provide such services as further described in Exhibit A, which is attached and incorporated herein. Any request by the Consultant for an increase in the Scope of Services and an increase in the amount listed in paragraph four of this Agreement shall be made and approved by the City prior to the Consultant providing such services, or the right to payment for such additional services shall be waived. If there is a dispute between the Consultant and the City respecting any service provided or to be provided hereunder by the Consultant, including a dispute as to whether such service is additional to the Scope of Services included in this Agreement, the Consultant agrees to continue providing on a timely basis all services to be provided by the Consultant hereunder, including any service as to which there is a dispute. 2. Supplement Provisions. Supplemental provisions applicable to this Agreement are included in Exhibit B and incorporated herein by reference. 3. City Terms Prevail. In the event there is a conflict between a term in Exhibit A or Exhibit B and a term in this agreement, the terms of this agreement shall prevail. 4. Total Compensation. The total compensation paid by the City to the Consultant, including expenses, under this agreement shall not exceed TWO HUNDRED TWENTY-NINE THOUSAND, NINE HUNDRED NINETY-EIGHT dollars and no cents ($229,998.00). Payment schedule will be made in accordance with Exhibit C, which is attached and incorporated herein. 5. Term. The term of this Agreement shall be in effect until the services have been completed by Consultant, but in no event shall the term extend beyond December 31, 2021. 6. Amendments. Any changes to the terms of this agreement will not be effective unless in writing and signed by both parties. 7. Insurance. Consultant shall procure and maintain at its sole cost and expense for the duration of this Agreement insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, volunteers, employees or subcontractors. The polices, limits and endorsements required are set forth in Exhibit D. Consultant’s insurance certificate satisfying the City insurance requirements is attached as Exhibit E. Consultant shall also require its subcontractors to procure and maintain for the duration of this Agreement insurance that satisfies the requirements of Exhibit D and to provide evidence thereof to the City prior to the effective date of this Agreement. Page 54 of 74 Consulting Agreement Contract No. 21-0044-CC 8. INDEMNITY. THE CONSULTANT SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL SUITS, ACTIONS, LEGAL PROCEEDINGS, CAUSES OF ACTION, CLAIMS, DEMANDS, DAMAGES, JUDGMENTS, LOSSES, LIENS, COSTS, EXPENSES, ATTORNEYS’ FEES AND ANY AND ALL OTHER COSTS, FEES AND/OR CLAIMS OF ANY KIND OR DESCRIPTION ARISING OUT OF, IN CONNECTION WITH OR RESULTING FROM THE AGREEMENT OR SERVICES PROVIDED UNDER THE AGREEMENT OR FROM ITS NEGLIGENCE OR WILLFUL ACT WHETHER SUCH ACT BE BY THE CONSULTANT OR ITS DESIGNEE. THE CITY, AS A GOVERNMENTAL ENTITY IN THE STATE OF TEXAS, SHALL NOT INDEMNIFY THE CONSULTANT. 9. Release by Consultant. The Consultant releases, relinquishes and discharges the City, its elected officials, officers, directors, agents, employees, representatives and volunteers from all claims, demands, and causes of action of every kind and character, including the cost of defense, for any injury to or death of any person (whether employees of either party or other third parties) and any loss or damage to any property that is caused by or alleged to be caused by, arising out of, or in connection with the work it performed under this Agreement. This release shall apply regardless of whether the claims, demands and/or causes of action are covered in whole or in part by insurance. 10. Dispute Resolution. If either the Consultant or the City has a claim or dispute, the parties shall first attempt to resolve the matter through this dispute resolution process. The disputing party shall notify the other party in writing as soon as practicable after discovering the claim, dispute or breach. The notice shall state the nature of the dispute and list the party’s specific reasons for such dispute. Within ten (10) business days of receipt of the notice, both parties shall make a good faith effort, in person or through generally accepted means, to resolve any claim, dispute, breach or other matter in question that may arise out of, or in connection with, this Agreement. If the parties fail to resolve the dispute within sixty (60) days of the date of receipt of the notice of the dispute, then the parties may submit the matter to non-binding mediation upon written consent of authorized representatives of both parties. If the parties cannot resolve the dispute through mediation, then either party shall have the right to exercise any and all remedies available under law regarding the dispute. 11. Ownership of Documents. The City shall retain ownership of all associated work products and documentation obtained from or created by the Consultant pursuant to this Agreement. Consultant shall deliver all documents or other work product to the City upon request, including original versions if so specified in the request. 12. Payment Terms. All payments will be processed in accordance with Texas Prompt Payment Act, Texas Government Code, Subtitle F, Chapter 2251. The City will pay Consultant within thirty days after of receipt of a correct invoice for services. The Consultant may charge a late fee (fee shall not be greater than that permitted under the Texas Prompt Payment Act) for payments not made in accordance with this prompt payment policy; however, the policy does not apply to payments made by the City in the event: (a) there is a bona fide dispute between Page 55 of 74 Consulting Agreement Contract No. 21-0044-CC the City and Consultant concerning the goods, supplies, materials, equipment delivered, or the services performed, that causes the payment to be late; (b) the terms of a federal agreement, grant, regulation or statute prevents the City from making a timely payment with Federal funds; (c) there is a bona fide dispute between the Consultant and a subcontractor and its suppliers concerning goods, supplies, material or equipment delivered, or the services performed, which caused the payment to be late; or (d) the invoice is not mailed to the City in accordance with Agreement. 13. Termination for Convenience. The City shall have the right to terminate this Agreement, in whole or in part, without cause any time upon thirty (30) calendar days’ prior written notice. Upon receipt of a notice of termination, the Consultant shall promptly cease all further work pursuant to the Agreement, with such exceptions, if any, specified in the notice of termination. The City shall pay the Consultant, to the extent of funds appropriated or otherwise legally available for such purposes, for all services performed and obligations incurred prior to the date of termination. 14. Termination for Cause. In addition to the termination rights described above, either party may terminate this Agreement effective upon written notice to the other if the other breaches any of the terms and conditions of this Agreement and fails to cure that breach within thirty (30) days after receiving written notice of the breach. In the event of an incurable breach, the non-breaching party may terminate this Agreement effective immediately upon written notice to the breaching party. In addition to all other remedies available under law and in equity, the City may remove the Consultant from the City’s Vendor list in the event that this Agreement is terminated for cause and any offer submitted by the Consultant may be disqualified for up to three (3) years. 15. Non-Appropriation. This Agreement is a commitment of City’s current revenues only. It is understand and agreed that the City shall have the right to terminate this Agreement at the end of any City fiscal year if the governing body of the city does not appropriate funds sufficient to purchase the services. The City may terminate for non-appropriation by giving the Consultant a written notice of termination at the end of its then current fiscal year. 16. Notices. Any notice or communication permitted or required by this Agreement shall be deemed effective when personally delivered or deposited, postage prepaid, in the first class mail of the United States properly, or sent via electronic means, addressed to the appropriate party at the address set forth below: Notice to the Consultant: GreenPlay, LLC ATTN: Teresa L. Penbrooke, CEO 1021 E. South Boulder Rd., Suite N Louisville, CO 80027 teresap@greenplayllc.com Page 56 of 74 Consulting Agreement Contract No. 21-0044-CC Notice to the City: City of Georgetown ATTN: City Manager P.O. Box 409 Georgetown, Texas 78627 david.morgan@georgetown.org With a copy to: City of Georgetown ATTN: City Attorney P.O. Box 409 Georgetown, Texas 78627 skye.masson@georgetown.org 17. Independent Contractor. The Agreement shall not be construed as creating an employer/employee relationship, a partnership or joint venture. The Consultant’s services shall be those of an independent contractor. The Consultant agrees and understands that the Agreement does not grant any rights or privileges established for employees of the City. Consultant shall not be within protection or coverage of the City’s Worker Compensation insurance, Health Insurance, Liability Insurance or any other insurance that the City, from time to time, may have in force. 18. Force Majeure. The City and the Consultant will exert all efforts to perform the tasks set forth herein within the proposed schedules. However, neither the City nor the Consultant shall be held responsible for inability to perform under this Agreement if such inability is a direct result of a force substantially beyond its control, including but not limited to the following: strikes, riots, civil disturbances, fire, insurrection, war, embargoes, failures of carriers, acts of God, or the public enemy. 19. No Waiver. The waiver by either party of a breach or violation of any provision of this Agreement shall not operate as or be construed to be a waiver of any subsequent breach hereof. 20. Nondiscrimination. The Consultant, with regard to the work performed by it after award and prior to completion of this Agreement, shall not discriminate on the basis of race, color, sex, or national origin in the selection and retention of Sub-consultants, including procurements of materials and leases of equipment. The Consultant shall not participate either directly or indirectly in the discrimination prohibited by any federal, state or local law. 21. Right to Audit. The Consultant agrees that the representatives of the City shall have access to, and the rights to audit, examine, or reproduce, any and all Consultant records related to the performance under this Agreement. The Consultant shall retain all such records for a period of four (4) years after final payment on this Agreement or until all audit and litigation matters that the City has brought to the attention of the Consultant are resolved, whichever is longer. Page 57 of 74 Consulting Agreement Contract No. 21-0044-CC 22. Advertising and Publicity. Consultant shall not advertise or otherwise publicize, without the City’s prior written consent, the fact that the City has entered into the Agreement, except to the extent required by applicable law. 23. Confidential Information. Each party agrees not to use, disclose, sell, license, publish, reproduce or otherwise make available the Confidential Information of the other party except and only to the extent necessary to perform under this Agreement or as required by the Texas Public Information Act or other applicable law. Confidential Information shall be designated and marked as such at the time of disclosure. Each party agrees to secure and protect the other party’s Confidential Information in a manner consistent with the maintenance of the other party’s confidential and proprietary rights in the information and to take appropriate action by instruction or agreement with its employees, consultants, or other agents who are permitted access to the other party’s Confidential Information to satisfy its obligations under this Section. The provisions of this paragraph shall survive the term of the Agreement. 24. Consultant Certification regarding Boycotting Israel. Pursuant to Chapter 2270, Texas Government Code, Consultant certifies either (1) Consultant is a sole proprietorship or company with fewer than ten (10) employees, or (2) does not currently boycott Israel and will not boycott Israel during the Term of this Agreement. Consultant acknowledges this Agreement may be terminated and payment withheld if this certification is inaccurate. 25. Consultant Certification regarding Business with Certain Countries and Organizations. Pursuant to Subchapter F, Chapter 2252, Texas Government Code, Consultant certifies Consultant is not engaged in business with Iran, Sudan, or a foreign terrorist organization. Consultant acknowledges this Agreement may be terminated and payment withheld if this certification is inaccurate. 26. Severability. This Agreement is severable and if any one or more parts of it are found to be invalid, such invalidity shall not affect the remainder of this Agreement if it can be given effect without the invalid parts. 27. Governing Law and Venue. This Agreement shall be governed by the laws of the State of Texas. Venue shall be located in Williamson County, Texas. 28. Successors and Assigns. This Agreement shall bind and inure to the benefit of the parties hereto and any subsequent successors and assigns; provided however, that no right or interest in the Agreement shall be assigned and no obligation shall be delegated by the Consultant without the prior written consent of the City. Any attempted assignment or delegation by the Consultant shall be void unless made in conformity with this Paragraph. 29. Third Party Beneficiaries. Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the City or the Consultant. Page 58 of 74 Consulting Agreement Contract No. 21-0044-CC 30. Entire Agreement. This Agreement, with all exhibits, includes the entire agreement of the City and the Consultant and supersedes all prior and contemporaneous agreements between the parties, whether oral or written, relating to the subject of this agreement. THE CITY OF GEORGETOWN GREENPLAY LLC. ______________________________ ________________________________ Joshua Schroeder, Mayor _____________, ________________ Date Signed: ___________________ Date Signed:_______________ Attest: _____________________________ Robyn Densmore, City Secretary Approved as to form: _____________________________ Skye Masson, City Attorney Page 59 of 74 Consulting Agreement Contract No. 21-0044-CC Exhibit A Scope of Services A. REQUIRED SERVICES 1. Project Management & Coordination The consultant will conduct meetings and communicate with City staff on a regular basis throughout all phases of the project to review and comment upon work products, refine plan objectives and develop recommendations. The following are suggested as the minimum requirements: a) One (1) project orientation/kick-off meeting with City staff to review previous planning efforts, data collection, the work plan, timeline and details of the master plan process. b) A minimum of six (6) meetings and/or presentations with City staff at key points throughout the process. Deliverables will include final work plan, process flowchart and timeline, project team meeting schedules, agendas, handouts, and meeting minutes. 2. Data Collection and Analysis The City will provide to the consultant demographic data on the geography and population specific to Georgetown including projected growth figures for the stated time period of the plan. The City will provide to the consultant an inventory of parks, recreation facilities and programs offered by GPARD, as well as other public and not-for-profit providers within Georgetown. The consultant will assess how the various demographic characteristics affect the recreational habits of Georgetown residents and determine how existing park areas, programming and services could be modified to better meet the needs of the City residents. Complete gap analysis to identify underserved areas of the community with respect to parks, programs, and services. Deliverables will include maps, tables and reports reflecting all inventories, evaluations and analyses of data. 3. Evaluation of Current Level of Service (LOS) The consultant will evaluate and analyze the current level of service provided by GPARD including Parks and Recreation Facilities owned, leased and operated by the City, open space and trails and all Services and Programs offered by GPARD including Administration, Park Maintenance, Athletics, Aquatics and Recreation Programming. This evaluation includes both outdoor and indoor facilities. The evaluation will include at a minimum: a) Analysis of current recreation facilities and parks and determine opportunities for improvement. b) Analysis of future development and expansion opportunities for each park including property currently held by the City for Open space and/or future parks. c) Evaluation of current park and recreation facility usage trends. d) Evaluation of the City’s current recreation and parks budget, staffing and park maintenance operations. e) Evaluation and analysis of existing programs, both outdoor and indoor. Deliverables will include maps, tables and reports reflecting all inventories, evaluations and analyses of data. Page 60 of 74 Consulting Agreement Contract No. 21-0044-CC 4. Benchmarking & Comparison of Parks and Recreation Resources The consultant shall provide a benchmark comparison of existing parks, facilities and programs assessing GPARD’s ability to provide recreation opportunities to the existing and future residents of the City in comparison to the appropriate national standards (such as NRPA Park Metrics) and/or public recreation and parks departments in communities of similar size and demographics. The consultant should also consider any emerging trends or best practices that may impact GPARD’s ability to provide recreation opportunities in the future. The following are suggested as the minimum requirements but should not be considered all inclusive: a) Parkland acres per capita b) Recommended number of recreation facilities including indoor facilities c) Open Space acres d) Recreation/sports programs and services e) Usage patterns f) Overall budgets and staffing levels. Deliverables will include maps, tables and reports reflecting all inventories, evaluations and analyses of data. 5. Public Input, Community Engagement and Outreach In coordination with City staff, the consultant will conduct a well-publicized public involvement process using various forums and media to reach Georgetown citizens. The following are suggested as the minimum requirements: a) A minimum of sixteen (16) one-on-one and focus group interviews with stakeholders, identified officials and community leaders (i.e. elected and appointed officials, key City staff, GPARD staff, etc.). b) Three (3) public workshops to provide broad-based community input. The consultant is expected to facilitate these meetings. c) A minimum of two (2) meetings with the Parks Board and the City Council to provide progress reports d) Utilize an on-line digital public engagement survey tool that that shall enable meaningful and far reaching public involvement. City staff will review and approve the survey tool and questions. e) Act as professional facilitators to gather specific information about services, use, preferences and any agency strengths, weaknesses, opportunities and threats. Note: The City shall be responsible for the arrangement, notice and any other costs associated with the above meeting schedule. The consultant shall review with the project manager all prepared information for the public meetings at least three (3) days prior to the scheduled meetings. Deliverables will include community involvement plan, agendas, handouts, graphics, survey instruments, survey report, workshop reports, interview instruments, PowerPoint presentations, reports of findings from meetings, workshops, interviews; public information plan, graphic and text materials for distribution. 6. Demand/Needs Analysis Page 61 of 74 Consulting Agreement Contract No. 21-0044-CC Based on an analysis of the demographic information, the evaluation of the current level of service and outcomes of the public involvement process, the consultant will prepare a needs assessment specific to Georgetown. This data will provide the basis for determining the priorities and needs of the City over the next ten (10) years. The analysis should specifically address the following: a) Determine how well park acreage is spread throughout the system b) Determine if enough amenities through needs assessment and gap analysis are available to meet the needs of the community. c) Determine trails and greenbelt land acquisition and development needs d) Determine facility needs for additional indoor recreation at existing facilities and new facilities e) Provide a clear plan for development of programming direction based on standards and demand analysis f) Provide recommendation for the best possible provider and potential partnerships Deliverables will include maps, tables and reports reflecting all inventories, evaluations and analyses of data. 7. Develop Priorities and Recommendations The consultant will develop and/or refine a set of prioritized recommendations including a proposed timeline and costs related to each of the following: a) Renovation, Improvement or Expansion of Existing Parks and Recreation Facilities, b) Acquisition and Development of New Parks and Recreation Facilities, c) Acquisition of land for new parks, facilities and Open Space, d) Development of Trail System(s), seeking connectivity and opportunities and e) Best practices and innovative strategies for improvements to GPARD operations and organization. f) Identify funding sources and/or potential ballot initiatives that would be supported by the community for future capital needs. Deliverables will include maps, tables and reports reflecting all inventories, evaluations and analyses of provided and collected data. 8. Presentation of Recommendations and Draft Report The consultant shall provide a draft report to City staff making recommendations in the following areas for review. The draft report will incorporate the following: a) Introduction b) Executive Summary c) Results of Demographic Profile d) Analysis of Current Level of Service e) Benchmarking & Comparison of Parks and Recreation Resources f) Summary of Public Input Process g) Demand/Needs Analysis h) Ten (10) Year Implementation Plan with Prioritized Recommendations including: i. Acquisition and Development of New Parks and Recreation Facilities Page 62 of 74 Consulting Agreement Contract No. 21-0044-CC ii. Renovation, Improvement or Expansion of Existing Parks and Recreation Facilities iii. Acquisition and Protection of Open Space iv. Development of Trail System(s) v. Best practices and innovative strategies for improvements to GPARD operations and organization i) Budgeting and Funding Priorities and Recommendations j) Identification of potential funding sources and/or potential ballot initiatives that would be supported by the community for future capital needs. The consultant will provide an opportunity for draft review by City staff and incorporate those revisions into the final document. Deliverables will include draft document including all reports, tables, maps and findings in both printed and electronic formats suitable for review, comment and modification by City staff. 9. Final Presentations and Adoption The consultant will provide a final Parks and Recreation Master Plan and prepare a digital presentation to present with City staff, to the Georgetown Parks and Recreation Advisory Board and City Council for recommendation and adoption. a) Deliver Final Plan & Supporting Materials i. The final master plan document will include all approved elements from the draft report including all agreed upon staff changes. ii. The final plan will also include an executive summary of the master plan document. b) Presentation of the Final Plan to Georgetown Parks and Recreation Advisory Board and Georgetown City Council. Deliverables will include five (5) printed copies of the final document, and electronic copies including maps and all graphics in DWF/DWG compatible format (USB flash drive). 10. Provided by the City a) A City Project Manager – GPARD Agency Director b) A City Advisory Committee – Staff from City Departments c) Access to existing studies, plans, programs and other data in its possession relevant or beneficial to the successful completion of the Parks and Recreation Master Plan d) Existing available data concerning community profile of demographics and mapping of Georgetown in digital\GIS format where possible including but not limited to: i. Population Trends and Projections ii. Age and Education iii. Employment and Income iv. Housing Characteristics e) Access to applicable City records such as: i. GPARD Budget Information for fiscal years 2015 – 2020. ii. GPARD Organizational Chart. Page 63 of 74 Consulting Agreement Contract No. 21-0044-CC iii. List and copies of existing operational partnerships between Georgetown and area schools, organizations, leagues or other community groups. iv. List of programs and existing brochures offered by GPARD. v. Inventory of all City parks and recreation facilities. vi. Summary of recently completed and current capital projects related to recreation and parks. vii. NRPA Park Metric data viii. Departmental business plans and performance management plans f) An inventory of parks, recreation facilities and programs offered by public and not-for- profit providers within Georgetown. g) Outline of information desired for community surveys. h) Assistance with Public Workshops. B. Additional Services 1. Develop a Cost Recovery Plan and Policy The City may request the development of a methodology and model for resource allocation and pricing through a Cost Recovery Plan and Policy. The purpose is to develop strategic resource allocation for services and programs. This operational philosophy outlines the methodology for setting fees for programs and services to guide decision making to ensure financial stability. a) Evaluate existing fee structures for recreational programs and services. b) Analysis of revenues to expenditures including current resident and non-resident fees. c) Develop a methodology and target recovery rates for service categories. d) Develop a pricing strategy. e) This effort is to be coordinated through Public Input, Community Engagement, and Outreach process. Deliverables will include a recommendation and draft Cost Recovery Plan and Policy document including all reports, tables, models and findings in both printed and electronic formats suitable for review, comment and modification by City staff. Page 64 of 74 Consulting Agreement Contract No. 21-0044-CC Exhibit B Supplemental Provisions None. Page 65 of 74 Consulting Agreement Contract No. 21-0044-CC Exhibit C Payment Terms Payment is a fixed fee in the amount listed in Section 4 of this Agreement. This amount shall be payable by the City pursuant to the schedule of Tasks listed below and upon completion of the services and written acceptance by the City for each Task. Schedule of Payment for each Task: In addition, the City has included in the Scope of Services the creation of a detailed Comprehensive Cost Recovery Philosophy, Plan, and Costing Analysis, as described in Add Alternate I, Tasks A & B, of the Consultant’s proposal, which includes detailed analysis by program category, formulas, cost recovery goals by percentage, for an additional lump sum fee of $39,999.00. This amount shall be payable by the City upon completion of the services and written acceptance by the City. Page 66 of 74 Consulting Agreement Contract No. 21-0044-CC Exhibit D Insurance Requirements I. The Consultant agrees to maintain the types and amounts of insurance required in this Agreement throughout the term of the Agreement. The following insurance policies shall be required: A. Commercial General Liability B. Business Automobile Liability C. Workers' Compensation D. Professional Liability II. For each of these policies, the Consultant’s insurance coverage shall be primary with respect to the City, its officials, agents, employees and volunteers. Any insurance or self- insurance carried or obtained by the City, its officials, agents, employees or volunteers, shall be considered in excess of the Consultant’s insurance and shall not contribute to it. No term or provision of the indemnification provided by the Consultant to the City pursuant to this Agreement shall be construed or interpreted as limiting or otherwise affecting the terms of the insurance coverage. All Certificates of Insurance and endorsements shall be furnished to the City’s Representative at the time of execution of this Agreement, attached hereto as Exhibit D, and approved by the City before work commences. III. General Requirements Applicable to All Policies. A. Only licensed insurance carriers authorized to do business in the State of Texas shall be accepted. B. Deductibles shall be listed on the certificate of insurance and are acceptable only on an “occurrence” basis. C. “Claims made” policies are not accepted, except for Professional Liability insurance. D. Coverage shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) calendar days prior written notice has been given to the City of Georgetown. E. The Certificates of Insurance shall be prepared and executed by the insurance company or its authorized agent. Each certificate shall contain the following provisions and warranties: 1. The insurance company is licensed and authorized to do business in the State of Texas 2. The insurance policy is underwritten on forms provided by the Texas State Board of Insurance or ISO 3. All endorsements and coverages are included according to the requirements of this Agreement 4. The form of notice of cancellation, termination, or change in coverage provisions is specified in this attachment Page 67 of 74 Consulting Agreement Contract No. 21-0044-CC F. The City of Georgetown, its officials, agents, employees, and volunteers are to be listed as Additional Insureds on the Commercial General Liability and Business Automobile Liability Policies. The coverages shall contain no special limitations on the scope of protection afforded the City, its officials, employees, and volunteers. V. Commercial General Liability requirements: A. Coverage shall be written by a carrier rated “A: VIII” or better in accordance with the current A. M. Best Key Rating Guide. B. Minimum Combined Single Limit of $1,000,000 per occurrence per project for bodily injury and property damage with a $2,000,000 annual aggregate limit. C. Coverage shall be at least as broad as Insurance Service's Office Number CG 00 01. D. No coverage shall be excluded from the standard policy without notification of individual exclusions being attached for review and acceptance. E. The coverage shall not exclude: premises/operations; independent contracts; products/completed operations; contractual liability (insuring the indemnity provided herein); and where exposures exist, Explosion, Collapse and Underground coverage. F. The City shall be listed as Additional Insured, and the policy shall be endorsed to waive rights of subrogation, to be primary and non-contributory with regard to any self-insurance or insurance policy held by the City. VI. Business Automobile Liability requirements: A. Coverage shall be written by a carrier rated “A:VIII” or better in accordance with the current Best Key Rating Guide. B. Minimum Combined Single Limit of $1,000,000 per occurrence for bodily injury and property damage. C. The Business Auto Policy must show Symbol 1 in the Covered Autos portion of the liability section in Item 2 of the declarations page. D. The coverage shall include owned, leased or rented autos, non-owned autos, any autos and hired autos. VII. Workers’ Compensation Insurance requirements: A. Pursuant to the requirements set forth in Title 28, Section 110.110 of the Texas Administrative Code, all employees of the Consultant, the Consultant, all employees of any and all subconsultants, and all other persons providing services on the Project must be covered by a workers compensation insurance policy, either directly through their employer’s policy (the Consultant’s, or subonsultant’s policy) or through an executed coverage agreement on an approved DWC form. Accordingly, if a subconsultant does not have his or Page 68 of 74 Consulting Agreement Contract No. 21-0044-CC her own policy and a coverage agreement is used, Consultants and subconsultants must use that portion of the form whereby the hiring Consultant agrees to provide coverage to the employees of the subconsultant. The portion of the form that would otherwise allow them not to provide coverage for the employees of an independent Consultant may not be used. B. The workers compensation insurance shall include the following terms: 1. Employer’s Liability limits of $1,000,000 for each accident is required. 2. “Texas Waiver of Our Right to Recover From Others Endorsement, WC 42 03 04” shall be included in this policy. 3. Texas must appear in Item 3A of the Worker’s Compensation coverage or Item 3C must contain the following: All States except those listed in Item 3A and the States of NV, ND, OH, WA, WV, and WY. VIII. Professional Liability requirements: A. Coverage shall be written by a carrier rated “A:VIII” or better in accordance with the current A. M. Best Key Rating Guide. B. Minimum of $1,000,000 per occurrence and $2,000,000 aggregate, with a maximum deductible of $100,000.00. Financial statements shall be furnished to the City upon request. C. For “claims made” policies, the availability of a 24-month extended reporting period is necessary. The retroactive date shall be shown on the certificate of liability insurance. Page 69 of 74 Consulting Agreement Contract No. 21-0044-CC Exhibit E Certificate of Insurance Page 70 of 74 City of Georgetown, Texas Parks and Rec Advisory Board March 11, 2021 S UB J E C T: C onsideration and pos s ible ac tion to approve minutes from the F ebruary 11, 2021 meeting - Jill Kellum, Administrative S upervisor IT E M S UMMARY: F IN AN C IAL IMPAC T: N/A S UB MIT T E D B Y: Jill Kellum, Adminis trative S upervis or AT TAC H ME N T S: Description Type Minutes Backup Material Page 71 of 74 Minutes of the Meeting of the Parks and Recreation Advisory Board City of Georgetown, Texas February 11, 2021 Regular Session - VIRTUAL Meeting (This Regular Session may, at any time, be recessed to convene an Executive Session for any purpose authorized by the Open Meetings Act, Texas Government Code 551.) A Call to Order - Danelle Houck, Parks and Recreation Advisory Board Chair The meeting was called to order by Danelle Houck at 6:00 pm. B Roll Call - Danelle Houck, Parks and Recreation Advisory Board Chair Danelle Houck, Katherine Kainer, Wayne Beyer, Larry Gambone, Chad Holz, Jolene Melancon, Jack Flatau C Update from the Friends of Georgetown Parks and Recreation - Danelle Houck, Parks and Recreation Advisory Board Chair Danelle Houck stated the Friends of Georgetown Parks and Recreation have given out a few basketball assistanceships and the Friends Group have not had a meeting recently. D Project Updates and Staff Report - Kimberly Garrett, Parks and Recreation Director Eric Nuner stated the ADA Trail is moving along and the bid opening has been moved to 2/23/2021 due to the weather. Golden Bear is complete and the adult fitness equipment is in. For Heritage Gardens there is no update other than going through the planning process and permits being approved. University Park is part of the capital repair and replacement and is due for playground replacement. There will be a public input meeting and this will be a summer/fall project. Wolf Crossing Trail; staff has recently received the 90% construction drawings and moving through the permitting process with the planning department and TCEQ and will come to the board in March. E Recognize Outgoing Board Members - Kimberly Garrett, Parks and Recreation Director Kimberly Garrett thanked Danelle Houck, Larry Gambone and Wayne Beyer for their service and acknowledged all the events they were apart of; VFW Park and San Gabriel Park renovation, and the opening of Garey Park. Wayne Beyer stated he had a good time serving on the board and the Garey Park opening was spectacular. He thanked staff for their time and their work. Larry Gambone stated this is the 3rd board he has been on and he enjoyed being on the board. He stated the parks department is awesome. He thanked staff for their work as well. Danelle Houck stated this is an add to the Larry and Wayne’s comments and she was very appreciative and had a great time on the board. She also added that if outgoing members wanted continuing helping, they could become members of the Friends of the Georgetown Parks and Recreation and become a member of their board. Legislative Regular Agenda F Consideration and possible action to recommend approval of the proposed parkland dedication for the Lawhon PUD. -- Kimberly Garrett, Parks and Recreation Director The Lawhon Planned Unit Development (PUD) is located at the northwest intersection of Patriot Way and San Houston Avenue. This mixed-use development integrates both residential and nonresidential uses. In order to connect the residential and commercial areas, strong pedestrian links are proposed. Page 72 of 74 Per the draft PUD document, the single family (SF) residential units should not exceed 210 units and the low density multifamily (MF) residential units should not exceed 175 units. Per the Parkland dedication code in the UDC, the required parkland dedication for the SF would be a maximum of 2.625 acres. Typically, MF pays fee in lieu, but in this case the developer plans to join the parkland requirement for MF which is 1.59 acres with the SF requirement for a total parkland requirement of 4.24 acres. The developer is proposing to set aside 9.6 acres for parkland. Due to the desire of the developer to have multiple ponds in the parkland, private parkland credit of 50% was suggested. This option gives the developer the flexibility to create a park space without the restriction of dedicating land around the ponds which will be used as wet ponds providing detention and water quality. The park plan includes 9.6 acres of private parkland which will include a strong trails system linking the residential portions of the project with the non-residential elements. All trails will be a minimum of six feet (6’) wide. Other recreational elements may include, but not be limited to playground equipment, pavilion with picnic areas and a half-court basketball court. These amenities must be non exclusive and open to the public. The other 50% of the parkland dedication requirement will be paid in fees. The private parkland will be maintained by the HOA. Staff is supportive of this parkland proposal as it is a win-win for both the developer and the City. Kimberly Garrett explained the project as described above. There was a break in the recording due to connection issues. There was a question about trail surfacing and Kimberly Garrett noted this and will clarify in the PUD. Wayne Beyer asked how long the trail would be. Kimberly Garrett stated at this point it is very conceptual. Motion made by Katherine Kainer, second by Wayne Beyer to recommend approval of the proposed parkland dedication for the Lawhon PUD. Approved 7-0 G Consideration and possible action to recommend approval of the first renewal of a Facility Use Agreement with Georgetown Youth Girls Softball Association – Kimberly Garrett, Parks and Recreation Director and Robert Gaylor, Parks and Recreation Superintendent The Georgetown Youth Girls Softball Association (GYGSA) is a youth recreational softball league that rents the VFW fields annually to conduct their league practices and games. State Constitution and City Charter require a use agreement for extended use of City property by an outside group. This use agreement outlines use of the facility including any improvements to the area, fees to be charged and required insurance. The term of agreement is for one year beginning January 1, 2020. Upon expiration of the Initial Term, the Use Agreement may be renewed for up to four (4) additional one (1) year terms on the same terms and conditions. This is the first renewal of the agreement. The agreement must be approved annually by City Council. Eric Nuner explained this item as above. Jack Flatau asked if the associations have a chance to discuss and change anything in the agreement. Eric Nuner stated on these you would renew them as previously accepted and if there were amendments you would need to amend the agreement. Those would then come forward to the board and council. Wayne Beyer asked if this started January of 2020. Eric Nuner stated the original started January of 2020 and this is January 1, 2021 and expire December 31, 2021. Page 73 of 74 Motion made by Wayne Beyer, second by Larry Gambone to recommend approval of the first renewal of a Facility Use Agreement with Georgetown Youth Girls Softball Association. Approved 7-0 H Consideration and possible action to approve minutes from the January 14, 2021 meeting - Jill Kellum, Administrative Supervisor Motion made by Chad Holz, second by Wayne Beyer to approve minutes from the January 14, 2021 meeting. Approved 7-0 Adjournment Adjourn - Danelle Houck, Parks and Recreation Advisory Board Chair Motion made by Larry Gambone, second by Katherine Kainer to adjourn the meeting. The meeting adjourned at 6:32 pm. _____________________________________ Katherine Kainer, Board Chair ____________________________________ , Secretary ______________________________________ Jill Kellum, Board Liaison Page 74 of 74