HomeMy WebLinkAbout4.2 - 2414 Consulting Services Agreement for Parks and
Page 1 of 2
STAFF REPORT
CITY COUNCIL
DATE: February 19, 2019
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Professional Services Agreement for Parks and Recreation Master Plan
Update
Prepared by: Rhonda Franklin, Management Analyst
EXECUTIVE SUMMARY:
The City Council will consider approving a Consulting Services Agreement with
GreenPlay, LLC for the Parks and Recreation Master Plan Update, and approve a
budget change.
STAFF RECOMMENDATION:
Adopt the Resolution Approving a Consulting Services Agreement Between the City of
Dublin and GreenPlay, LLC, and approve the budget change.
FINANCIAL IMPACT:
The Agreement includes the Consultant’s proposed fee of $84,999 for the base project
as outlined in the City provided scope of work, with the option for add-ons as deemed
necessary by the City. Staff is also requesting a 10% contingency budget, for a total
amount of $93,500. Approval of the budget change will appropriate $93,500 from Public
Facilities Fees Funds for this project.
DESCRIPTION:
The Parks and Recreation Master Plan (Master Plan) establishes goals, standards,
guiding policies, and action plans to guide the City in the acquisition, development,
management, and maintenance of Dublin parks and recreation facilities through build-
out in accordance with the General Plan. The outlook for the Master Plan has typically
covered a 10-year span.
The Master Plan was originally adopted in 1994 with subsequent updates in 2004,
2006, and 2015. The update in 2015 provided updated parks and facilities, land
acquisition, and park type inventories; however, was limited in community outreach,
engagement, survey(s), and analysis. Staff believes it is an appropriate time to update
the plan to include more extensive community outreach because it has been more than
Page 2 of 2
10 years since that has occurred and the community has evolved significantly during
this period.
On November 1, 2018 Staff published a Request for Proposals (RFP) for an update to
the Master Plan. Staff received seven responses to the RFP by the deadline from the
following firms (listed in alpha order):
• BluePoint Planning LLC
• Conservation Technix
• DesignWorkshop
• GreenPlay LLC
• O’Dell Engineering
• Pros Consulting
• RHAA
City staff from the Public Works, Community Development, and Parks and Community
Services reviewed the proposals and selected three firms for interviews. Based on the
responsiveness of the proposal, interview presentation, stated methods for meeting the
scope of the project as outlined in the RFP, and proposed fees; Staff selected the firm
GreenPlay, LLC (GreenPlay).
GreenPlay’s proposed project fee is $84,999, with the option for add -ons as deemed
necessary by City staff. As such, Staff has requested a 10% contingency be added to
the project budget.
The project is expected to start in March 2019 and be completed by the end of 2019.
STRATEGIC PLAN INITIATIVE:
Strategy 2: Enhance the City's engagement efforts to better connect and inform
residents of City activities and public safety matters.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
GreenPlay, LLC has been sent a copy of this Staff Report.
ATTACHMENTS:
1. Resolution Approving Agreement with GreenPlay, LLC
2. Exhibit A to the Resolution - Agreement with GreenPlay, LLC
3. Budget Change Form
ATTACHMENT 1
RESOLUTION NO. xx–19
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * *
APPROVING A CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN
AND GREENPLAY, LLC FOR THE PARKS AND RECREATION MASTER PLAN UPDATE
WHEREAS, in July 1994 the City Council adopted the Parks and Recreation Master Plan
which establishes goals, long-term policies and standards to guide the City of Dublin in the
acquisition, development and management of Dublin’s park and recreation facilities; and
WHEREAS, the Parks and Recreation Master Plan was subsequently updated in 2004,
2006, and 2015; and
WHEREAS, it is necessary to prepare an update to the Master Plan every five to 10
years to address changing conditions in the development of the City; and
WHEREAS, Staff distributed and published a Request for Proposals (RFP) for a Parks
and Recreation Master Plan Update to known consulting firms and the City website Bid Postings
page; and
WHEREAS, GreenPlay, LLC was one of seven consulting firms that provided a comp lete
response to the RFP by the deadline; and
WHEREAS, GreenPlay, LLC was one of three firms selected for interviews; and
WHEREAS, GreenPlay, LLC successfully demonstrated the ability to complete the
project scope as outlined in the RFP; and
WHEREAS, GreenPlay, LLC is available to perform the work as specified.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin
hereby approve the Agreement between the City of Dublin and GreenPlay, LLC attached hereto
as Exhibit A and approve a 10 percent contingency for the Agreement.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the
Agreement, utilize the contingency (if needed), and take such further actions as may be
necessary or appropriate to carry out the intent of this Resolution.
PASSED, APPROVED AND ADOPTED this 19th day of February 2019.
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTACHMENT 1
________________________________________
Mayor
ATTEST:
_______________________________________
City Clerk
CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND
GREENPLAYLLC
FOR
PARKS AND RECREATION MASTER PLAN
THIS AGREEMENT for consulting services is made by and between the City of Dublin ("City") and
GREENPLAYLLC ("Consultant") (together sometimes referred to as the "Parties") as of February 19, 2019
the "Effective Date"),
Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant
shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and
place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms
of this Agreement and Exhibit A, the Agreement shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall
end on December 31, 2019, the date of completion specified in Exhibit B, and Consultant
shall complete the work described in Exhibit A on or before that date, unless the term of
the Agreement is otherwise terminated or extended, as provided for in Section 8. The time
provided to Consultant to complete the services required by this Agreement shall not affect
the City's right to terminate the Agreement, as referenced in Section 8, Notwithstanding
the foregoing this Agreement may be extended on a month to month basis for up to 6
months upon the written consent of the Consultant and the City Manager, provided that: a)
sufficient funds have been appropriated for such purchase, b) the price charged by the
Consultant for the provision of the serves described in Exhibit A does not increase. None
of the foregoing shall affect the City's right to terminate the Agreement as provided for in
Section 8.
1.2 Standard of Performance. Consultant shall perform all services required pursuant to this
Agreement in the manner and according to the standards observed by a competent
practitioner of the profession in which Consultant is engaged.
1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform
services pursuant to this Agreement. In the event that City, in its sole discretion, at any
time during the term of this Agreement, desires the reassignment of any such persons,
Consultant shall, immediately upon receiving notice from City of such desire of City,
reassign such person or persons.
1.4 Time. Consultant shall devote such time to the performance of services pursuant to this
Agreement as may be reasonably necessary to meet the standard of performance
provided in Subsection 1.2 above and to satisfy Consultant's obligations hereunder.
Consulting Services Agreement between City of Dublin and Last revised 02/01/2019
GreenPlayLLC for Parks and Recreation Master Plan Page 1 of 14
Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed Eighty Four
thousand, nine hundred and ninety nine dollars ($84,999) notwithstanding any contrary indications that may
be contained in Consultant's proposal, for services to be performed and reimbursable costs incurred under
this Agreement. In the event of a conflict between this Agreement and Consultant's proposal, attached as
Exhibit A, regarding the amount of compensation, the Agreement shall prevail. City shall pay Consultant
for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The
payments specified below shall be the only payments from City to Consultant for services rendered
pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein.
Except as specifically authorized by City in writing, Consultant shall not bill City for duplicate services
performed by more than one person,
Consultant and City acknowledge and agree that compensation paid by City to Consultant under this
Agreement is based upon Consultant's estimated costs of providing the services required hereunder,
including salaries and benefits of employees and subcontractors of Consultant. Consequently, the Parties
further agree that compensation hereunder is intended to include the costs of contributions to any pensions
and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City
therefore has no responsibility for such contributions beyond compensation required under this Agreement.
2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the
term of this Agreement, based on the cost for services performed and reimbursable costs
incurred prior to the invoice date. No individual performing work under this Agreement shall
bill more than 2,000 hours in a fiscal year unless approved, in writing, by the City Manager
or his/her designee. Invoices shall contain the following information:
■ Serial identifications of progress bills; i.e., Progress Bill No, 1 for the first invoice, etc.;
■ The beginning and ending dates of the billing period;
■ A Task Summary containing the original contract amount, the amount of prior billings,
the total due this period, the balance available under the Agreement, and the
percentage of completion;
■ A copy of the applicable time entries or time sheets shall be submitted showing the
following:
o Daily logs of total hours worked by each individual performing work under
this Agreement
o Hours must be logged in increments of tenths of an hour or quarter hour
o If this Agreement covers multiple projects, all hours must also be logged
by project assignment
o A brief description of the work, and each reimbursable expense
■ The total number of hours of work performed under the Agreement by Consultant and
each employee, agent, and subcontractor of Consultant performing services
hereunder;
■ The Consultant's signature;
Consulting Services Agreement between City of Dublin and Last revised 02/0112019
GreenPlayLLC for Parks and Recreation Master Plan Page 2 of 14
■ Consultant shall give separate notice to the City when the total number of hours
worked by Consultant and any individual employee, agent, or subcontractor of
Consultant reaches or exceeds 800 hours within a 12-month period under this
Agreement and any other agreement between Consultant and City. Such notice shall
include an estimate of the time necessary to complete work described in Exhibit A and
the estimate of time necessary to complete work under any other agreement between
Consultant and City, if applicable,
2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for
services satisfactorily performed, and for authorized reimbursable costs incurred. City
shall have 30 days from the receipt of an invoice that complies with all of the requirements
above to pay Consultant.
2.3 Final Payment. City shall pay the last 10% of the total sum due pursuant to this
Agreement within 60 days after completion of the services and submittal to City of a final
invoice, if all services required have been satisfactorily performed.
2.4 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to
this Agreement. City shall not pay any additional sum for any expense or cost whatsoever
incurred by Consultant in rendering services pursuant to this Agreement. City shall make
no payment for any extra, further, or additional service pursuant to this Agreement.
In no event shall Consultant submit any invoice for an amount in excess of the maximum
amount of compensation provided above either for a task or for the entire Agreement,
unless the Agreement is modified prior to the submission of such an invoice by a properly
executed change order or amendment.
2.5 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes
incurred under this Agreement and any similar federal or state taxes.
2.6 Pavment upon Termination. In the event that the City or Consultant terminates this
Agreement pursuant to Section 8, the City shall compensate the Consultant for all
outstanding costs and reimbursable expenses incurred for work satisfactorily completed as
of the date of written notice of termination. Consultant shall maintain adequate logs and
timesheets to verify costs incurred to that date.
2.7 Authorization to Perform Services. The Consultant is not authorized to perform any
services or incur any costs whatsoever under the terms of this Agreement until receipt of
authorization from the Contract Administrator.
Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole
cost and expense, provide all facilities and equipment that may be necessary to perform the services
required by this Agreement. City shall make available to Consultant only the facilities and equipment listed
in this section, and only under the terms and conditions set forth herein.
Consulting Services Agreement between City of Dublin and Last revised 02I0112019
GreenPlayLLC for Parks and Recreation Master Plan Page 3 of 14
City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be
reasonably necessary for Consultant's use while consulting with City employees and reviewing records and
the information in possession of the City. The location, quantity, and time of furnishing those facilities shall
be in the sole discretion of City, In no event shall City be obligated to furnish any facility that may involve
incurring any direct expense, including but not limited to computer, long-distance telephone or other
communication charges, vehicles, and reproduction facilities.
Section 4. INSURANCE REQUIREMENTS. Before fully executing this Agreement, Consultant, at its
own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance
listed below 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 and its agents, representatives,
employees, and subcontractors. Consistent with the following provisions, Consultant shall provide proof
satisfactory to City of such insurance that meets the requirements of this section and under forms of
insurance satisfactory in all respects, and that such insurance is in effect prior to beginning work.
Consultant shall maintain the insurance policies required by this section throughout the term of this
Agreement. The cost of such insurance shall be included in the Consultant's bid or proposal. Consultant
shall not allow any subcontractor to commence work on any subcontract until Consultant has obtained all
insurance required herein for the subcontractor(s) and provided evidence to City that such insurance is in
effect. VERIFICATION OF THE REQUIRED INSURANCE SHALL BE SUBMITTED AND MADE PART OF
THIS AGREEMENT PRIOR TO EXECUTION. Consultant shall maintain all required insurance listed
herein for the duration of this Agreement,
4.1 Workers' Compensation.
4.1.1 General Requirements. Consultant shall, at its sole cost and expense, maintain
Statutory Workers' Compensation Insurance and Employer's Liability Insurance for
any and all persons employed directly or indirectly by Consultant. The Statutory
Workers' Compensation Insurance and Employer's Liability Insurance shall be
provided with limits of not less than $1,000,000 per accident. In the alternative,
Consultant may rely on a self-insurance program to meet these requirements, but
only if the program of self-insurance complies fully with the provisions of the
California Labor Code, Determination of whether a self-insurance program meets
the standards of the California Labor Code shall be solely in the discretion of the
Contract Administrator,
The Workers' Compensation policy shall be endorsed with a waiver of subrogation
in favor of the entity for all work performed by the Consultant, its employees,
agents, and subcontractors.
Submittal Requirements. To comply with Subsection 4.1, Consultant shall
submit the following;
a. Certificate of Liability Insurance in the amounts specified in the section;
and
b. Waiver of Subrogation Endorsement as required by the section.
Consulting Services Agreement between City of Dublin and Last revised 02I0112019
GreenPlayLLC for Parks and Recreation Master Plan Page 4 of 14
4.2 Commercial General and Automobile Liability Insurance,
General Requirements. Consultant, at its own cost and expense, shall maintain
commercial general liability insurance for the term of this Agreement in an amount
not less than $1,000,000 and automobile liability insurance for the term of this
Agreement in an amount not less than $1,000,000 per occurrence, combined
single limit coverage for risks associated with the work contemplated by this
Agreement. If a Commercial General Liability Insurance or an Automobile Liability
form or other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to the work to be performed under this
Agreement or the general aggregate limit shall be at least twice the required
occurrence limit. Such coverage shall include but shall not be limited to, protection
against claims arising from bodily and personal injury, including death resulting
therefrom, and damage to property resulting from activities contemplated under
this Agreement, including the use of owned and non -owned automobiles.
4.2.2 Minimum Scope of Coverage. Commercial general coverage shall be at least as
broad as Insurance Services Office Commercial General Liability occurrence form
CG 0001 (most recent edition) covering comprehensive General Liability on an
"occurrence" basis. Automobile coverage shall be at least as broad as Insurance
Services Office Automobile Liability form CA 0001, Code 1 (any auto). No
endorsement shall be attached limiting the coverage.
4.2.3 Additional Requirements. Each of the following shall be included in the
insurance coverage or added as a certified endorsement to the policy:
a. The Insurance shall cover on an occurrence or an accident basis, and not
on a claims -made basis.
b. City, its officers, officials, employees, and volunteers are to be covered as
additional insureds as respects: liability arising out of work or operations
performed by or on behalf of the Consultant; or automobiles owned,
leased, hired, or borrowed by the Consultant.
c. Consultant hereby agrees to waive subrogation which any insurer or
contractor may require from vendor by virtue of the payment of any loss.
Consultant agrees to obtain any endorsements that may be necessary to
effect this waiver of subrogation.
d. For any claims related to this Agreement or the work hereunder, the
Consultant's insurance coverage shall be primary insurance as respects
the City, its officers, officials, employees, and volunteers. Any insurance
or self-insurance maintained by the City, its officers, officials, employees,
or volunteers shall be excess of the Consultant's insurance and shall not
contribute with it.
Consulting Services Agreement between City of Dublin and Last revised 02101/2019
GreenPlayLLC for Parks and Recreation Master Plan Page 5 of 14
4.2.4 Submittal Requirements. To comply with Subsection 4.2, Consultant shall
submit the following:
a. Certificate of Liability Insurance in the amounts speced in the section;
b. Additional Insured Endorsement as required by the section;
c. Waiver of Subrogation Endorsement as required by the section; and
d. Primary Insurance Endorsement as required by the section.
4.3 Professional Liability Insurance.
4.3.1 General Requirements. Consultant, at its own cost and expense, shall maintain
for the period covered by this Agreement professional liability insurance for
licensed professionals performing work pursuant to this Agreement in an amount
not less than $2,000,000 covering the licensed professionals' errors and
omissions. Any deductible or self -insured retention shall not exceed $150,000 per
claim.
4.3.2 Claims -Made Limitations. The following provisions shall apply if the professional
liability coverage is written on a claims -made form:
a. The retroactive date of the policy must be shown and must be before the
date of the Agreement.
b. Insurance must be maintained and evidence of insurance must be
provided for at least 5 years after completion of the Agreement or the
work, so long as commercially available at reasonable rates.
c. If coverage is canceled or not renewed and it is not replaced with another
claims -made policy form with a retroactive date that precedes the date of
this Agreement, Consultant shall purchase an extended period coverage
for a minimum of 5 years after completion of work under this Agreement.
d. A copy of the claim reporting requirements must be submitted to the City
for review prior to the commencement of any work under this Agreement.
Additional Requirements. A certified endorsement to include contractual liability
shall be included in the policy.
4.3.4 Submittal Requirements. To comply with Subsection 4.3, Consultant shall
submit the Certificate of Liability Insurance in the amounts specified in the section.
4.4 All Policies Requirements.
Consulting Services Agreement between City of Dublin and Last revised 02/01/2019
GreenPlayLLC for Parks and Recreation Master Plan Page 6 of 14
4.4.1 Acceptability of Insurers. All insurance required by this section is to be placed
with insurers with a Bests' rating of no less than A:VII.
Verification of Coverage. Prior to beginning any work under this Agreement,
Consultant shall furnish City with complete copies of all Certificates of Liability
Insurance delivered to Consultant by the insurer, including complete copies of all
endorsements attached to the policies. All copies of Certificates of Liability
Insurance and certified endorsements shall show the signature of a person
authorized by that insurer to bind coverage on its behalf. If the City does not
receive the required insurance documents prior to the Consultant beginning work,
it shall not waive the Consultant's obligation to provide them. The City reserves
the right to require complete copies of all required insurance policies at any time,
4.4.3 Deductibles and Self -Insured Retentions. Consultant shall disclose to and
obtain the written approval of City for the self -insured retentions and deductibles
before beginning any of the services or work called for by any term of this
Agreement, At the option of the City, either: the insurer shall reduce or eliminate
such deductibles or self -insured retentions as respects the City, its officers,
employees, and volunteers; or the Consultant shall provide a financial guarantee
satisfactory to the City guaranteeing payment of losses and related investigations,
claim administration and defense expenses.
4.4.4 Wasting Policies. No policy required by this Section 4 shall include a "wasting"
policy limit (i.e. limit that is eroded by the cost of defense).
4.4.5 Endorsement Requirements. Each insurance policy required by Section 4 shall
be endorsed to state that coverage shall not be canceled by either party, except
after 30 days' prior written notice has been provided to the City.
4.4.6 Subcontractors. Consultant shall include all subcontractors as insureds under its
policies or shall furnish separate certificates and certified endorsements for each
subcontractor. All coverages for subcontractors shall be subject to all of the
requirements stated herein.
4.5 Remedies. In addition to any other remedies City may have if Consultant fails to provide
or maintain any insurance policies or policy endorsements to the extent and within the time
herein required, City may, at its sole option exercise any of the following remedies, which
are alternatives to other remedies City may have and are not the exclusive remedy for
Consultant's breach:
■ Obtain such insurance and deduct and retain the amount of the premiums for such
insurance from any sums due under the Agreement;
Consulting Services Agreement between City of Dublin and Last revised 02/01I2019
GreenPlayLLC for Parks and Recreation Master Plan Page 7 of 14
■ Order Consultant to stop work under this Agreement or withhold any payment that
becomes due to Consultant hereunder, or both stop work and withhold any payment,
until Consultant demonstrates compliance with the requirements hereof; and/or
■ Terminate this Agreement.
Section 5. INDEMNIFICATION AND CONSULTANT'S RESPONSIBILITIES. Refer to the attached
Exhibit C, which is incorporated herein and made a part of this Agreement.
Section 6. STATUS OF CONSULTANT.
6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall
be an independent contractor and shall not be an employee of City. City shall have the
right to control Consultant only insofar as the results of Consultant's services rendered
pursuant to this Agreement and assignment of personnel pursuant to Subsection 1.3;
however, otherwise City shall not have the right to control the means by which Consultant
accomplishes services rendered pursuant to this Agreement. Notwithstanding any other
City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant
and any of its employees, agents, and subcontractors providing services under this
Agreement shall not qualify for or become entitled to, and hereby agree to waive any and
all claims to, any compensation, benefit, or any incident of employment by City, including
but not limited to eligibility to enroll in the California Public Employees Retirement System
(PERS) as an employee of City and entitlement to any contribution to be paid by City for
employer contributions and/or employee contributions for PERS benefits,
6.2 Consultant Not an Agent. Except as City may specify in writing, Consultant shall have no
authority, express or implied, to act on behalf of City in any capacity whatsoever as an
agent. Consultant shall have no authority, express or implied, pursuant to this Agreement
to bind City to any obligation whatsoever.
Section 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with
all laws and regulations applicable to the performance of the work hereunder, including but
not limited to, the California Building Code, the Americans with Disabilities Act, and any
copyright, patent or trademark law. Consultant's failure to comply with any law(s) or
regulation(s) applicable to the performance of the work hereunder shall constitute a breach
of contract.
7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by
fiscal assistance from another governmental entity, Consultant and any subcontractors
shall comply with all applicable rules and regulations to which City is bound by the terms of
such fiscal assistance program.
Consulting Services Agreement between City of Dublin and Last revised 02/01/2019
GreenPlayLLC for Parks and Recreation Master Plan Page 8 of 14
7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and
its employees, agents, and any subcontractors have all licenses, permits, qualifications,
and approvals of whatsoever nature that are legally required to practice their respective
professions, Consultant represents and warrants to City that Consultant and its
employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect
at all times during the term of this Agreement any licenses, permits, and approvals that are
legally required to practice their respective professions. In addition to the foregoing,
Consultant and any subcontractors shall obtain and maintain during the term of this
Agreement valid Business Licenses from City.
7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the
basis of a person's race, religion, color, national origin, age, physical or mental handicap or
disability, medical condition, marital status, sex, or sexual orientation, against any
employee, applicant for employment, subcontractor, bidder for a subcontract, or participant
in, recipient of, or applicant for any services or programs provided by Consultant under this
Agreement. Consultant shall comply with all applicable federal, state, and local laws,
policies, rules, and requirements related to equal opportunity and nondiscrimination in
employment, contracting, and the provision of any services that are the subject of this
Agreement, including but not limited to the satisfaction of any positive obligations required
of Consultant thereby.
Consultant shall include the provisions of this Subsection in any subcontract approved by
the Contract Administrator or this Agreement.
Section 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may cancel this Agreement at any time and without cause upon written
notification to Consultant.
Consultant may cancel this Agreement upon 30 days' written notice to City and shall
include in such notice the reasons for cancellation.
In the event of termination, Consultant shall be entitled to compensation for services
performed to the effective date of termination; City, however, may condition payment of
such compensation upon Consultant delivering to City any or all documents, photographs,
computer software, video and audio tapes, and other materials provided to Consultant or
prepared by or for Consultant or the City in connection with this Agreement.
8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this
Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a
written amendment to this Agreement, as provided for herein. Consultant understands and
agrees that, if City grants such an extension, City shall have no obligation to provide
Consultant with compensation beyond the maximum amount provided for in this
Agreement, Similarly, unless authorized by the Contract Administrator, City shall have no
obligation to reimburse Consultant for any otherwise reimbursable expenses incurred
during the extension period.
Consulting Services Agreement between City of Dublin and Last revised 02I01I2019
GreenPlayLLC for Parks and Recreation Master Plan Page 9 of 14
8.3 Amendments. The Parties may amend this Agreement only by a writing signed by all the
Parties.
8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this
Agreement contemplates personal performance by Consultant and is based upon a
determination of Consultant's unique personal competence, experience, and specialized
personal knowledge. Moreover, a substantial inducement to City for entering into this
Agreement was and is the professional reputation and competence of Consultant.
Consultant may not assign this Agreement or any interest therein without the prior written
approval of the Contract Administrator. Consultant shall not subcontract any portion of the
performance contemplated and provided for herein, other than to the subcontractors noted
in the proposal, without prior written approval of the Contract Administrator.
8.5 Survival. All obligations arising prior to the termination of this Agreement and all
provisions of this Agreement allocating liability between City and Consultant shall survive
the termination of this Agreement,
8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms
of this Agreement, City's remedies shall include, but are not limited to, the following;
8.6.1 Immediately terminate the Agreement;
8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any
other work product prepared by Consultant pursuant to this Agreement;
8.6.3 Retain a different consultant to complete the work described in Exhibit A not
finished by Consultant; or
8.6.4 Charge Consultant the difference between the cost to complete the work
described in Exhibit A that is unfinished at the time of breach and the amount that
City would have paid Consultant pursuant to Section 2 if Consultant had
completed the work.
Section 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Consultant's Performance. All reports, data, maps,
models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications,
records, files, or any other documents or materials, in electronic or any other form, that
Consultant prepares or obtains pursuant to this Agreement and that relate to the matters
covered hereunder shall be the property of the City. Consultant hereby agrees to deliver
those documents to the City upon termination of the Agreement. It is understood and
agreed that the documents and other materials, including but not limited to those described
above, prepared pursuant to this Agreement are prepared specifically for the City and are
not necessarily suitable for any future or other use. City and Consultant agree that, until
final approval by City, all data, plans, specifications, reports and other documents are
Consulting Services Agreement between City of Dublin and Last revised IV) 101/2019
GreenPlayLLC for Parks and Recreation Master Plan Page 10 of 14
confidential and will not be released to third parties without prior written consent of both
Parties.
9.2 Consultant's Books and Records. Consultant shall maintain any and all ledgers, books
of account, invoices, vouchers, canceled checks, and other records or documents
evidencing or relating to charges for services or expenditures and disbursements charged
to the City under this Agreement for a minimum of 3 years, or for any longer period
required by law, from the date of final payment to the Consultant to this Agreement.
9.3 Inspection and Audit of Records. Any records or documents that Subsection 9.2 of this
Agreement requires Consultant to maintain shall be made available for inspection, audit,
and/or copying at any time during regular business hours, upon oral or written request of
the City. Under California Government Code Section 8546.7, if the amount of public funds
expended under this Agreement exceeds $10,000.00, the Agreement shall be subject to
the examination and audit of the State Auditor, at the request of City or as part of any audit
of the City, for a period of 3 years after final payment under the Agreement.
Section 10. MISCELLANEOUS PROVISIONS.
10.1 Attorneys' Fees. If a party to this Agreement brings any action, including an action for
declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing
party shall be entitled to reasonable attorneys' fees in addition to any other relief to which
that party may be entitled. The court may set such fees in the same action or in a
separate action brought for that purpose.
10.2 Venue. In the event that either party brings any action against the other under this
Agreement, the Parties agree that trial of such action shall be vested exclusively in the
state courts of California in the County of Alameda or in the United States District Court for
the Northern District of California.
10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this
Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so
adjudged shall remain in full force and effect. The invalidity in whole or in part of any
provision of this Agreement shall not void or affect the validity of any other provision of this
Agreement.
10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this
Agreement does not constitute a waiver of any other breach of that term or any other term
of this Agreement.
10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of
and shall apply to and bind the successors and assigns of the Parties.
10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written
studies and other printed material on recycled paper to the extent it is available at equal or
less cost than virgin paper.
Consulting Services Agreement between City of Dublin and Last revised 02/01/2019
GreenPlayLLC for Parks and Recreation Master Plan Page 11 of 14
Vol Conflict of Interest. Consultant may serve other clients, but none whose activities within
the corporate limits of City or whose business, regardless of location, would place
Consultant in a "conflict of interest," as that term is defined in the Political Reform Act,
codified at California Government Code Section 81000 et seq.
Consultant shall not employ any City official in the work performed pursuant to this
Agreement. No officer or employee of City shall have any financial interest in this
Agreement that would violate California Government Code Section 1090 et seq.
Consultant hereby warrants that it is not now, nor has it been in the previous 12 months,
an employee, agent, appointee, or official of the City. If Consultant was an employee,
agent, appointee, or official of the City in the previous 12 months, Consultant warrants that
it did not participate in any manner in the forming of this Agreement, Consultant
understands that, if this Agreement is made in violation of California Government Code
Section 1090 et seq., the entire Agreement is void and Consultant will not be entitled to
any compensation for services performed pursuant to this Agreement, including
reimbursement of expenses, and Consultant will be required to reimburse the City for any
sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it
may be subject to criminal prosecution for a violation of California Government Code
Section 1090 et seq., and, if applicable, will be disqualified from holding public office in the
State of California.
At City's sole discretion, Consultant maybe required to file with the City a Form 700 to
identify and document Consultant's economic interests, as defined and regulated by the
California Fair Political Practices Commission. If Consultant is required to file a Form 700,
Consultant is hereby advised to contact the Dublin City Clerk for the Form 700 and
directions on how to prepare it.
10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or
interview related to this Agreement, either orally or through any written materials.
10.9 Contract Administration. This Agreement shall be administered by La Shawn Butler,
("Contract Administrator"). All correspondence shall be directed to or through the Contract
Administrator or his or her designee.
10.10 Notices. Any written notice to Consultant shall be sent to;
Teresa Penbrooke, PhD, MAOM, CPRE
1021 E. South Boulder Road
Boulder, CO 80027
Direct (mobile): 303=870-3884
teresap@GreenPlayllc.com
Any written notice to City shall be sent to:
Consulting Services Agreement between City of Dublin and Last revised 02101/2019
GreenPlayLLC for Parks and Recreation Master Plan Page 12 of 14
City of Dublin
Att: La Shawn Butler, Parks and Community Services Director
100 Civic Plaza
Dublin, CA 94568
10.11 Integration. This Agreement, including the scope of work attached hereto and
incorporated herein as Exhibits A, B, and C and D represents the entire and integrated
agreement between City and Consultant and supersedes all prior negotiations,
representations, or agreements, either written or oral.
Exhibit A Scope of Services
Exhibit B Project Schedule & Payment
Exhibit C Indemnification
Exhibit D California Labor Code Section 1720 Information
10.12 Counterparts. This Agreement may be executed in multiple counterparts, each of which
shall be an original and all of which together shall constitute one agreement.
10.13 Certification per Iran Contracting Act of 2010. In the event that this contract is for
one million dollars ($1,000,000,00) or more, by Consultant's signature below Consultant
certifies that Consultant, and any parent entities, subsidiaries, successors or subunits of
Consultant are not identified on a list created pursuant to subdivision (b) of Section 2203 of
the California Public Contract Code as a person engaging in investment activities in Iran as
described in subdivision (a) of Section 2202.5, or as a person described in subdivision (b)
of Section 2202.5 of the California Public Contract Code, as applicable.
SIGNATURES ON FOLLOWING PAGE
Consulting Services Agreement between City of Dublin and Last revised 02I0112019
GreenPlayLLC for Parks and Recreation Master Plan Page 13 of 14
The Parties have executed this Agreement as of the Effective Date. The persons whose signatures appear
below certify that they are authorized to sign on behalf of the respective Party.
l:�l�li'[�7�111J: �lID
Christopher L. Foss, City Manager
Attest:
Caroline Soto, City Clerk
Approved as to Form:
City Attorney
3070368.1
NAME OF CONSULTANT
Teresa Penbrooke, PhD, MAOM, CPRE
CEO, Founder - GreenPlay LLC
Consultant's DIR Registration Number
Consulting Services Agreement between City of Dublin and Last revised 02101/2019
GreenPlayLLC for Parks and Recreation Master Plan Page 14 of 14
EXHIBIT A
SCOPE OF SERVICES
See attached nal Scope of Work —Green play, LLC
City of Dublin, Parks and Recreation Master Plan — February 2019"
Consulting Services Agreement between City of Dublin and Last revised 02/01/2019
GreenPlayLLC for Parks and Recreation Master Plan
Exhibit A —Page 1 of 1
Final Scope of Work - GreenPlay, LLC
City of Dublin, Parks and Recreation Master Plan — February 2019
We understand that the City of Dublin is interested in developing a Parks and Recreation Master Plan,
which will integrate information from other previous planning efforts, and will serve as a guide for the
future of the City's parks and recreation system for the next 10 years. We know that Dublin is known for
its high quality of life which includes 365 acres of parkland, 20 parks, 10 trails, three recreation facilities,
and one aquatic complex. This new Master Plan will establish goals, standards, guiding policies, and
action plans that will guide the City in acquisition, development, management (operations and
implications), and maintenance of Dublin parks and recreation facilities through build -out in accordance
with the City's General Plan.
We know that Dublin, which is located in the Tri-Valley region of the San Francisco Bay Area, is home to
63,241 people. The City's Parks and Community Services Department offers an abundance of programs
and activities to residents, including youth and adult sports and fitness classes, performing arts classes
and camps, senior recreation and programming, and much more. We know that Dublin was named by
Money Magazine as one of the Best Places to Live 2018 (#7), has numerous park projects in the works
including the 30 acre Don Biddle Community Park, and a new All Abilities playground. The City is known
for scenic beauty, public safety, excellent educational system, and abundant and diverse housing
opportunities, as well as its parks system, which is highly valued by members of the community. Once
completed, this Parks, Trails, Open Space, and Recreation Plan will serve as a roadmap for the next 10
years, guiding the Parks and Community Service Department in planning, managing and developing the
system into the future.
We know that the Dublin community consists of a diverse and involved public, and that they will be
engaged throughout this planning process. This will result in realistic and justifiable recommendations,
as well as an accurate assessment of potentially unmet needs in the system. The following Scope of
Work details the steps that GreenPlay suggests taking to complete this plan. This scope is based on our
preliminary understanding of your needs; however, we are flexible and will determine the final scope of
work following award of contract.
A. STRATEGIC KICK OFF AND DETERMINATION OF CRITICAL SUCCESS FACTORS
Following award of contract, the Greenr ay team will provide a Detailed Work Plan for discussion at a
half -day Strategic Kick -Off (SKO) meeting with City staff and with the Project Steering Committee. We
will review the details of the work plan and formalize the timeline and tasks for your project, including
information gathering, public involvement, market analysis, level of service analysis, needs assessment,
and data analysis. We will finalize accepted methodologies and tasks, final number and types of
meetings, expected quality and formats for deliverables, and agreement on the implementation
strategies. We will set a timeline for community and stakeholder engagement, and will discuss desired
outcomes with the Project Team.
Project Coordination
We will work closely with your team during SKO to identify key "Critical Success Factors" that will
ensure that all factors of importance that are unique to the City of Dublin are incorporated, including
geography and other considerations that may affect plan recommendations. We will supply written
Monthly Progress Reports that cover recent progress, outstanding issues or information needed,
upcoming meetings and agendas, and next steps. We have found this to be an effective communication
tool, adding a level of efficiency to our projects. We will always be available for phone or email
communication.
Project team progress meetings will be formally held as often as necessary, but in no case less than
monthly, with project updates via email, video conference, or phone to the Project Manager until the
final plan is approved by the City Council. We will supply the City's Project Manager with a copy of all
completed or partially completed reports, studies, forecasts, or plans deemed necessary at least three
(3) working days before each progress meeting. The Project Manager will schedule these meetings, as
necessary, at key times during the development of this comprehensive Parks and Recreation Master
Plan. We will provide up-to-date information for posting on the City's website and/or an independent
project website for review of progress by stakeholders and the public.
Review and Integration of Planning Documents
We know that a number of plans exist from which the City would like to incorporate information. Our
team will collect as much information as possible on awareness, use patterns, satisfaction, desires,
barriers, vision, priorities, funding possibilities, and willingness to pay, so as to inform the development
of the needs assessment. As it pertains to the project, we will integrate information from recent and/or
current planning work including (but not limited to) the following:
• 2015 Parks and Recreation Master Plan
• City of Dublin General Plan
• Dublin Crossing Master Plan
• Iron Horse Nature Park & Open Space Master Plan
• Cultural Arts Master Plan
• Fallon Sports Park Master Plan, Update and Phasing Diagram
• Adopted Five Year Capital Program 2018-2023
• NRPA Agency Performance Review 2018
• Proposed Budget for Fiscal Years 2018-19 and 2019-20, particularly as it relates to park and facility
operation and maintenance
• Parks and Community Services Strategic Plan 2008-2018
• Evaluation of current inventory of park and recreation facilities
• Emerald Glen Park Master Plan (to be provided)
The planning process will consolidate relevant information from these planning documents, and from
budgets, work plans, and funding plans utilized by the City to facilitate the comprehensive coordination
of direction and recommendations for the Parks and Recreation Master Plan.
B. COMMUNITY AND STAKEHOLDER ENGAGEMENT
We know that the City would like the community to be very involved in the development of this plan.
We agree and also want to do so. Our team will engage the community throughout the duration of the
project.
COMMUNITY ENGAGEMENT PLAN
During the development of this plan, our team will continue to engage stakeholders from throughout
the City. The participation process utilized will be customized to your community's unique situation,
emphasizing input collection methods that are efficient, effective, and that incorporate your available
resources to the greatest extent possible.
Individual users and non -users, user groups, special interest organizations, associations, and other
stakeholders will be given ample opportunity to participate in the development of this Master Plan. Our
team will explore knowledge of local issues and concerns that will result in useful and pertinent
community feedback.
GreenPlay staff members are experienced and skilled facilitators, and we draw from a variety of
methodologies that are designed to encourage and structure feedback for clearly identified and
measurable outcomes. A suggested approach is provided; however, the actual methodology will be
detailed and determined during Strategic Kick -Off.
Based on previous successes, the following community engagement strategy approach is designed to
assure residents, user groups, community associations, neighboring communities, and other
stakeholders that they are provided an opportunity to participate in the development of the plan, and is
recommended:
• Initial Information Gathering: Collection of as much information as possible on awareness, use
patternsI satisfaction, desires, barriers, vision, priorities, funding possibilities, and willingness to
pay, so as to inform the update of the Master Plan.
• Focus Group Meetings: We will conduct a minimum of four (4) focus groups drawing from user
individuals and groups, Parks and Community Services Members, Community Services
Department Staff, neighborhood association members, School Board members, representatives
from other City Departments, other advisory boards, community associations, other service
providers (public, private and non-profit, etc.), primary stakeholders such as youth, seniors,
other recreation providers, citizens with disabilities, school officials, and other stakeholders, as
mutually determined.
• Public Meetings: At least three (3) come one come all public meetings to provide information
and to validate and round out the qualitative information received from the focus groups.
• Stakeholder Interviews: During onsite visits and as appropriate, we will meet with and/or have
phone conversations with those who can contribute specific information that may need to be
conveyed in a more detailed manner
• Commission Meetings and Presentations: We will conduct a minimum of three (3) meetings
with the Parks and Community Services Commission and the City Council, one at the beginning
of the plan's development, one of the Draft Master Plan, and one to recommend adoption of
the Master Plan.
• Findings Presentation: We will compile and present a summary of findings from the inventory,
needs assessment and initial analysis for validation by staff, decision makers, stakeholders, and
the public.
Participant feedback has indicated that our techniques and formats are well received and provide the
opportunity to better understand the planning process and make a meaningful contribution, resulting in
the feeling that attending an input session was a good use of someone's valuable time.
We also have the ability to utilize technology to augment the in -person engagement process, and we
will work with you to determine which channels, including social media and other technology, may be
the best for your community. We have extensive experience in engaging "hard to reach" community
sectors, such as youth. We will work with your Project Team during Start -Up to devise the appropriate
strategies, schedule all necessary meetings and project tasks and to arrange proper noticing of
meetings) associated with the plan development.
Statistically -Valid Survey
As part of the quantitative needs assessment portion of the plan, our team recommends conducting a
randomly distributed survey using proven survey methods to achieve a statistically valid response. This
type of survey is the most effective method available to get the opinions of the NON -USERS, as well as
users of recreation facilities and programs, in your community.
We will work with RRC Associates (RRC) to create a carefully designed community survey to be
distributed to a sample of residents using a list provided by the City (either registered voters or some
other appropriate list). We propose to invite survey participation using a mail survey with a postage paid
return envelope provided, containing language that is proven based on our work in other communities.
The survey will permit respondents to complete the form and mail it back, or they would be directed to
a web site where they could complete the survey on-line. Following the initial invitation to complete the
survey that is provided to a sampling of residents by mail, we will offer the opportunity to go to an
"open link" where the larger community would be encouraged to respond.
RRC typically tabulates the results from these two groups separately (the coded "invitation" and "open
link" versions) but if they are similar in response patterns they can then be combined for interpretation
purposes. We expect enough responses to permit recreation use patterns and community priorities to
be measured in a quantitative manner. To help improve response rates, we also anticipate that the City
would assist with marketing and creating public awareness of the survey through local channels such as
local newspapers, radio, cable TV, web sites and other available media.
GreenPlay will work with RRC and your project team to draft questions regarding awareness, needs,
satisfaction, participation, desires, priorities, willingness to pay, accessibility, barriers to participation,
and/or other issues determined by the project team.
We have substantial experience in designing surveys specifically for parks, recreation, open space, and
trails issues that are effective and representative of the users and non -users. The survey will be carefully
constructed to be easily understood using proven questions and terminology appropriate to your
community, and the results will be tallied, summarized, charted and graphed. All responses to open-
ended comments will also be included in the final report.
C. INVENTORY AND LEVEL OF SERVICE ANALYSIS
LandDesign team members will update and supplement your existing inventory using GIS technology. To
begin, we will utilize base GIS materials, as well as inventory from previously completed plans. We can
work with various information formats and will produce the final deliverables in both shapefile and
textual formats that are dynamic and easily updated and used in the future.
Once the physical inventory is updated and accurate, we will help analyze the system with quantitative,
qualitative, and textual analysis. This will be a dynamic user friendly inventory that you will have from
this point forward.
Level of Service Analysis
The GreenPlay team will summarize all research and stakeholder input, developing recommendations
and priorities for needs regarding land acquisition, conservation, and the development of parks,
recreation facilities, and open space. We will also develop a set of prioritized recommendations
regarding maintenance and renovation of existing facilities. This analysis will allow us to identify areas in
the community with gaps in level of service, and will allow the City to ensure that its parks and
recreation assets are equitably distributed.
The development of the dynamic digital database to support this project will allow us to apply
evaluation criteria and policies to identify and map existing and future potential parks, recreation
facilities, and open spaces to be acquired and/or developed consistent with projected growth patterns
and policies identified in any previous planning projects. We will work with staff to determine the
degree of specificity for mapping.
We will use the results of the inventory, building on previous planning efforts, to determine existing LOS
for acreages, facties, access, and quality.
From the results of the inventory and LOS Analysis, LandDesign and GreenPlay team members will work
with the Department to:
• Evaluate community access to parks, facilities,
and services.
• Establish local planning guidelines and standards for adequate access to parks (consider
pertinent park types, i.e.: neighborhood, community, regional as well as trails, open space, and
parkland corridors).
• Identify and discuss current and anticipated access issues including barriers to participation.
• Make specific recommendations addressing access solutions and future needs including
parkland acquisition and development.
• Identify, inventory, and rank unique natural and other open space resources for potential park
system acquisition and/or parks development opportunity within the community.
• Identify redevelopment opportunities within the existing community for potential park
development.
Demographics and Trends Analysis
GreenPlay has staff dedicated to demographics and trends research. We are skilled at utilizing our
research to prepare an updated demographic analysis and market profile of the City. We will utilize
information available from the City's previous planning efforts, the 2010 U.S. Census, Esri, Alameda
County, the State of California, and other relevant entities to analyze existing and projected population
growth. We will portray relevant demographic information in easy to read charts and figures with
analysis of important topics that will impact service delivery.
We will work with the Parks and Community Services Department to analyze data and prepare
population maps for the current population as well as the projected future population. This information,
along with other research, will be used for a gap analysis to identify unmet needs and potential location
or realignment of services or facilities.
GreenPlay consultants are experts in the field of trends analysis. Our team members are continually
researching the newest and most popular facilities, programs and services, emerging programs and
services, and trends in service delivery. We are experts at not only determining what is popular, but
which trends are appropriate for your community.
Our team will utilize our nationwide parks and recreation experience, literature reviews, and interviews
with key leaders to analyze and summarize trends that may influence the usage of, and appreciation for,
facilities and services. This will help us formulate short-term recommendations and set the stage for
long-term goals. Trends analysis will include an evaluation of demographic shifts and their impact on
what needs to be provided for the future, interest and participation levels for a variety of activities, and
new developments in the field of parks and recreation, as well as how services are provided through
both administrative and planning trends. Findings will be compiled in a narrative form.
Strengths, Weaknesses, Opportunities, and Threats (SWOT) Analysis
To develop a short and long-term strategy for the future planning of Dublin's service provisions, we will
conduct a SWOT Analysis. A SWOT Analysis is an effective and realistic way of identifying the market
Strengths and internal and external Weaknesses, and for examining the Opportunities and Threats
faced by the organization. This process will help to identify any deficiencies in the provision of services
and programs.
Facility and Asset Gaps Analysis
We will analyze the information on usage, needs, desires, operations, maintenance, land use trends, and
make recommendations. We will identify areas of service shortfalls and projected impact of future
trends. This analysis will allow us to recommend criteria for land acquisition, defining priorities and
potential implementations schedules for acquisition.
Programs and Services Gaps
We will collect and analyze information on participation, needs, desires, operations, and management
strategies for programming and service offerings, and make recommendations. We will identify areas of
service shortfalls and projected impact of future trends.
D. FINDINGS AND VISIONING
Visioning Strategies Development Workshop
We recognize that our team needs to work with the City's Project Team to fully analyze identified
findings and to create implementable recommendations for your future. We want to be respectful of
the staffs time, while thoughtfully contributing our identified ideas, suggestions, qualitative, and
quantitative findings. We also want to engage all interested members and key stakeholders in
determining future vision and action plan steps for the City's parks, and recreation needs.
Following review of the Findings, we will facilitate a Visioning Strategies Workshop that will include an
analysis of all findings, including operational feasibility, political or historical constraints, and any other
potential challenges. We will also identify opportunities for implementation steps, work plans, and
funding implications.
This Workshop will help provide an articulated guiding vision for future acquisition, development, and
maintenance of recreation facilities, with goals, desired outcomes, and standards identified to direct
policy and acquisition for existing and proposed facilities.
Key Issues Analysis Matrix
During the Findings Phase of each project, GreenPlay Project Managers compile a Key Issues Analysis
Matrix that helps identify focus areas from the various tools and methodologies used to collect
information. This matrix will help the Department determine progress on goals set forth in the plan, and
will serve as a basis for plan updates in the future.
Present and Projected Fiscal Resources
GreenPlay will conduct an overview analysis of past budgets and existing funding to meet existing needs
and projected funding to meet future needs. In addition we will analyze other sources of funds such as
levies and bond issues and strategies for land acquisition.
We will look for gaps in the current management and funding system, and look for potential areas of
improvement.
Cost Recovery and Resource Allocation
GreenPlay is a national leader in teaching and developing innovative approaches to handling the often
contentious financial issues of "how much taxpayer subsidy is enough?" or "where should the resources
go?" GreenPlay has established and improved the "Pyramid" methodology for helping agencies create
an overall philosophy and approach for resource allocation, program pricing, and cost recovery
evaluation. We currently teach at conferences and train agencies and universities in the implementation
and use of this straightforward but innovative methodology, which is invaluable for making tough
resource allocation decisions, and creating pricing and cost recovery strategies.
This methodology will be helpful for evaluating the financial sustainability of the Parks Department from
both operational and capital funding aspects. As part of your project, we will use the concepts for
identification of gaps and/or areas of non -consensus, along with introducing the concepts for this
framework for decision making.
As part of GreenPlay's proposed process, we will introduce your staff to this methodology and use it for
the basis of "what if" scenarios predicated on the City's financial sustainability goals. The GreenPlay
team will work with staff during the workshop to develop your general categories of service and to place
existing programs into those categories to be included in the final master plan document. Creating a full
more detailed cost recovery plan is typically a separate process, and if you would like to have GreenPlay
facilitate and create the full plan in addition to the Master Plan, we can do so concurrently for an
additional fee.
Alternative Funding and Partnerships
GreenPlay has extensive experience evaluating options for alternative funding. Alternative funding
typically includes grants, donor programs, sponsorships, and/or partnerships. Our Project Team will
identify key partners in the area through the planning process and can provide management
recommendations to enhance this potential funding area. This task does not include procurement of
alternative funding, but this can be addressed separately if desired. In fact, we have developed sample
partnership and sponsorship policies that our clients are using across the country. We will help the City
to identify if and what types of partnership opportunities may be available.
E. DRAFT AND FINAL PLANS, PRESENTATIONS, AND DELIVERABLES
The Draft Parks, Recreation, and Open Space Master Plan will include all findings, needs assessment,
public engagement results, written goals, plans, objectives, and policy statements that articulate a clear
vision and model (a "road map") for the City's future. These will be submitted for preliminary review,
and all comments will be incorporated into your Final Plan. After the review, we will assist in guiding the
Plan through the formal adoption process, including review and recommendation by the project
management team, presentations of the draft recommendations and final Parks and Recreation Master
Plan to the Parks and Community Services Commission and the City Council for adoption.
Action/Implementation Plan
We will work with the project team to rank and prioritize recommendations, balancing needs and
cost/benefit analyses, capacity of the City, and budgetary realities. The product of this task will be a set
of recommendations with strategies, priorities, and identification of budget support funding
mechanisms phased into immediate, near -term, and long-term timeframes addressing needs regarding
land acquisition, along with the development of parks and recreation programs and facilities.
An Action Plan including costs, potential funding mechanisms, timing, and responsible party will be
developed for the City of Dublin.
Deliverables will include all aspects outlined in the preceding tasks, summarized as:
• Preliminary reports and project updates prepared at Park Master Plan development milestones.
• One (1) printed copy of the Final Plan.
• One (1) electronic submission, consisting of all Plan elements in a format compatible with your
software and for posting on your website.
• Maps in a format compatible with City GIS
• Presentation graphics for website, publications, and public meetings,
Our plans also include at no additional charge:
• Qualitative and Quantitative analysis methods
beyond those specified, designed to address specific
key issues, constraints, and opportunities, the City's
future livability and the contribution of parks and
recreation to economic development, community
vitality, and long-term viability.
Our commitment that for each task, we will quickly
assess your current circumstances and provide
specific information that you need to move to the
next level, rather than providing you with just a
standard planning response, whether you need it or not.
*Note: We recognize that the City has
requested 17 printed copies of the plan.
However, GreenPlay is not a professional
printer. We provide digital print -ready
files suitable for local printing for cost
savings value. If the City desires, we can
print requested copies at a cost of $150
per
copy.
EXHIBIT B
PROJECT AND COMPENSATION SCHEDULE
See attached: "Appendix B
GreenPlay, Schedule, Budget and Payment"
Consulting Services Agreement between City of Dublin and Last revised 02/01/2019
GreenPlayLLC for Parks and Recreation Master Plan Exhibit B —Page 1 of 1
Appendix B
Green Play, Schedule, Budget and Payment
Project Timeline
A. PROJECT COORDINATION, STRATEGIC KICK-OFF, AND DETERMINATION OF CRITICAL SUCCESS FACTORS
PROJECT COORDINATION
B. PUBLIC ENGAGEMENT
PUBLIC MEETINGS
FOCUS GROUPS
STAKEHOLDERINTERVIEWS
STATISTICALLY -VALID SURVEY
C. INVENTORY AND LEVEL OF SERVICE
INVENTORY OF EXISTING FACILITIES
LEVEL OF SERVICE ANALYSIS
DEMOGRAPHICS AND TRENDS
FACILITIES, LANDS, AND ASSET GAPS
D. FINDINGS AND VISIONING
FINDINGS
VISIONING STRATEGIES
FISCAL RESOURCES
E. DRAFT AND FINAL PLANS,
DRAFT PLAN
FINAL PLAN
� Meeting With City
Project Teaen And/Or
COMR45sion
SKO Public Public
Meetingpl Meetingli2
1u�
Findings and Drak Plan Final Plan
Visioning presentation/Public Delivered
Workshop MeetingN3
We understand that the Clty would like o break down of hours per task. However, GreenPfoy proposes and bills usMP a Firm fixed Fee. Our invoices are not hosed on a
fixed fer, regardless of how many hours it takes. !f you
number of hours, rather die pertentnge of the projert that has been completed. We wiN complete the project for a
would snfl like us to submit an hourly breokdawn by task, we would be happy to do so,
A. Project Coordination, Strategic Kick -
Off, and Determination of Critical
$3,675
$500
$4,175
Success Factors
B. Public Engagement
$13,650
$1,500
$15,150
Statistically -Valid Survey
$4,075
$15,000
$19,075
C. Inventory and Level of Service Analysis
$7,350
$7,000
$14,350
D. Findings and Visioning
$7,875
$4,000
$11,875
E. Draft and Final Plans, Presentations,
$15,374
$5,000
$20,374
and Deliverables
This project is billed as Firm -Fixed Fee, meaning that all travel, reimbursable expenses, and deliverables are built
into the per task cost.
Fee Basis
GreenPlay is aware that you requested a breakdown of hours; however, GreenPlay does not bill on an
hourly basis. If you would like us to provide a breakdown of hours, we will gladly provide that to you.
We have established an inclusive fee schedule that covers the salaries of our professional project staff
and of support staff who enable them to function effectively and efficiently. We consider the prevailing
rates in our industry and the level of specialized expertise that we provide.
For projects which require more than 100 hours of work, GreenPlay proposes using aFirm-Fixed Price
model for compensation. This means that the contract is based on a projected number of hours, but the
compensation is actually based on the completion of pre -determined contracted tasks identified in the
Scope of Work and within a pre -specified timeline.
This typically works well for the client, ensuring that all work is accomplished regardless of the time
required to complete each task. In the event that the contracted Scope of Work is changed by the client
during the project, GreenPlay can adjust total contract fees accordingly based on our regular hourly
rates. This project is proposed as a Firm -Fixed Fee project; therefore, individual hourly rates and
projected number of hours are not applicable.
Our rates include:
➢ All deliverables as outlined in the Scope of Work.
➢ Professional staff, sub -consultant, and administrative salaries.
➢ All office overhead, equipment, utilities, and consulting insurances.
➢ Taxes, employee benefits, and Worker's Compensation.
➢ Administrative support staff and supplies, and local travel.
➢ Work Products and meetings as outlined in the Scope of Work.
➢ All travel costs are built into the firm -fixed fee.
Rates do not include:
➢ Materials and services outside of the pre -specified Scope of Work (may include extra
meetingsI requested copies and printing of work products).
➢ Geotechnical services and reports.
➢ Topographic and boundary surveys (site surveys).
➢ Site Testing.
➢ Project related legal and safety consultant services.
➢ Permits and fees borne by the agency.
➢ Detailed schematic and construction documents.
Additional Services: If Requested
GreenPlay's rate for additional services is based on an average of $150 per hour if not proposed as
"firm -fixed fee." For sub -consultants, hourly rates range from $60 to $150 per hour, depending on the
task. As this project is based on a firm -fixed fee, our consultants will dedicate the necessary time to
complete the project. Our sub -consultant team members set their hourly rates according to their
individual firm fee schedules. While the hourly rates may sound high, when considering the costs for
implementing additional experienced and professional full-time staff, benefits, insurances, office space,
computers and equipment, support staff, utilities, etc., we find that this rate is usually comparable to or
lower than what an agency would spend for in-house staff. An additional benefit is that when the
project is finished, the expense ends. GreenPlay typically submits an invoice for payment to the project
manager/primary contact person on a monthly basis. Each invoice includes a brief description of the
services provided and percentage of Scope completed to date. Invoices past due over 60 days will
accrue 1.5% interest per month. Other structures for compensation and payment can be negotiable
prior to contract award.
Project Delay Fee
GreenPlay will work with your project team to jointly lay out an achievable schedule during contracting
and detailed during the SKO. There is a cost to GreenPlay if the project is delayed beyond the accepted
contracted schedule end date, so we will work diligently with you to achieve it. We expect prompt
responses and to keep milestones for approval points. If the project is delayed due to City requests or
non -response, we may request additional fees to do so. Typically, this fee is around 10% of remaining
budget for each month of client caused delays. We are happy to help keep this project on schedule, and
value open and transparent conversations about how to best do so throughout the project.
EXMIDIT C
INDEMNIFICATION
Consultant shall indemnify, defend with counsel acceptable to City, and hold harmless City and its officers,
elected officials, employees, agents and volunteers from and against any and all liability, loss, damage,
claims, expenses, and costs (including without limitation, attorney's fees and costs and fees of litigation)
(collectively, "Liability") of every nature arising out of or in connection with Consultant's performance of the
services called for or its failure to comply with any of its obligations contained in this Agreement, except
such Liability caused by the sole negligence or willful misconduct of City.
Notwithstanding the forgoing, to the extent this Agreement is a "construction contract" as defined by
California Civil Code Section 2782, as may be amended from time to time, such duties of Consultant to
indemnify shall not apply when to do so would be prohibited by California Civil Code Section 2782,
The Consultant's obligation to defend and indemnify shall not be excused because of the Consultant's
inability to evaluate Liability or because the Consultant evaluates Liability and determines that the
Consultant is not liable to the claimant. The Consultant must respond within 30 days to the tender of any
claim for defense and indemnity by the City. If the Consultant fails to accept or reject a tender of defense
and indemnity within 30 days, in addition to any other remedy authorized by law, so much of the money due
the Consultant under and by virtue of this Agreement as shall reasonably be considered necessary by the
City, may be retained by the City until disposition has been made of the claim or suit for damages, or until
the Consultant accepts or rejects the tender of defense, whichever occurs first.
Consulting Services Agreement between City of Dublin and Last revised 02/01/2019
GreenPlayLLC for Parks and Recreation Master Plan Exhibit C —Page 1 of 1
Budget Change Reference #:
From Un-Appropriated Reserves X Budget Transfer Between Funds
From Designated Reserves Other
Account Amount Account Amount
770299.5000.5001 (4101 Community Park, Land)$13,358
770299.5000.5001 (4102 Neighborhood Park, Land)$13,357
770299.5000.5001 (4103 Community Park,
Improvements)$13,357
770299.5000.5001 (4104 Neighborhood Park,
Improvements)$13,357
770299.5000.5001 (4105 Community Buildings)$13,357
770299.5000.5001 (4108 Aquatic Center)$13,357
770299.5000.5001 (4111 Community Nature Park
Improvements)$13,357
2/19/2019
Posted By:Date:
As Presented at the City Council Meeting
**********Finance Use Only**********
CITY OF DUBLIN
Parks master plan update
REASON FOR BUDGET CHANGE
FISCAL YEAR 2018-19
BUDGET CHANGE FORM
DECREASE BUDGET AMOUNT INCREASE BUDGET AMOUNT
EXP: Public Facilities Fund - Parks & Community Svcs -
Professional Services
City Council's Approval Required
\\cc-uem\users\carolines\appdata\roaming\iqm2\minutetraq\dublinca@dublinca.iqm2.com\work\attachments\4304