HomeMy WebLinkAboutresolution.council.049-08RESOLUTION
(Series of 2008)
A RESOLUTION APPROVING A CONTRACTUAL AGREEMENT FOR
PROFESSIONAL SERVICES BETWEEN THE CITY OF ASPEN, COLORADO,
AND DESIGN WORKSHOP REGARDING FUNDING FOR THE COMPLETION
OF THE AACP PUBLIC PROCESS AND REPORT
WHEREAS, there has been submitted to the City Council an "Agreement for
Professional Services" between the City of Aspen, Colorado, and Design Workshop, a
copy of which agreement is attached hereto and made a part thereof; and
WHEREAS, the City of Aspen and Pitkin County shall enter into a cost shazing
agreement through a letter from the County Community Development Department to the
City Community Development Department for this contract. The cost sharing agreement
shall be for 1/3 payment of the $250,000 contract, or $83,333, by the County, and 2/3 of
the $250,000 contract, or $166,667, paid by the City; and
WHEREAS, the scope of services outlines additional cos s for survey work at $21,000,
and,advanc~d keypad votin~technol gy at $14,000; and ~Jvu ~ ..k7-eRa-~iru.^e. rt~c~,
WHEREAS, City Council approves the propose additional expenses as part of this
contract.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO:
Section 1.
That the City Council of the City of Aspen hereby approves the "Agreement for
Professional Services" between the City of Aspen, Colorado, and Design Workshop, a
copy of which is attached hereto and incorporated herein, and does hereby authorize the
City Manager of the City of Aspen to execute said contract on behalf of the City of
Aspen.
Section 2.
That the City Council of the City of Aspen hereby approves the additional survey and
keypad voting technology, as outlined in the scope of services.
Dated: ~ l~ a~ $~
Michael Irel d, Mayor
I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing
is a true and accurate copy of that resolution adopted by the City Council of the City of
Aspen, Colorado, at a meeting held , 2008.
JU/1 °~
/ ~.
Kathryn S. K ,City Clerk
AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement made and entered on the date hereinafter stated, between the CITY OF
ASPEN, Colorado, ("City") and DESIGN WORK SHOP, ("Professional").
For and in consideration of the mutual covenants contained herein, the parties agree as
follows:
1. Scope of Work. Professional shall perform in a competent and professional manner
the Scope of Work as set forth at Exhibit "A" attached hereto and by this reference incorporated
herein.
2. Completion. Professional shall commence work immediately upon receipt of a
written Notice to Proceed from the City and complete all phases of the Scope of Work as
expeditiously as is consistent with professional skill and care and the orderly progress of the Work in
a timely manner. The parties anticipate that all work pursuant to this agreement shall be completed
no later than April 30, 2009. Upon request of the City, Professional shall submit, for the City's
approval, a schedule for the performance of Professional's services which shall be adjusted as
required as the project proceeds, and which shall include allowances for periods of time required by
the City's project engineer for review and approval of submissions and for approvals of authorities
having jurisdiction over the project. This schedule, when approved by the City, shall not, except For
reasonable cause, be exceeded by the Professional.
3. Payment. In consideration of the work performed, City shall pay Professional on a
time and expense basis for all work performed. The hourly rates for work performed by Professional
shall not exceed those hourly rates set forth at Exhibit "B" appended hereto. Except as otherwise
mutually agreed to by the parties the payments made to Professional shall not initially exceed
~~8~r ~~~ 860:60: Professional shall submit, in timely fashion, invoices for work performed. The City
~~ shall revrew such invoices and, if they are considered incorrect or untimely, the City shall review the
matter with Professional within ten days from receipt of the Professional's bill.
4. Non-Assignability. Both parties recognize that this contract is one for personal
services and cannot be transferred, assigned, or sublet by either party without prior written consent
of the other. Sub-Contracting, if authorized, shall not relieve the Professional of any of the
responsibilities or obligations under this agreement. Professional shall be and remain solely
responsible to the City for the acts, errors, omissions or neglect of any subcontractors officers, agents
and employees, each of whom shall, for this purpose be deemed to be an agent or employee of the
Professional to the extent of the subcontract. The City shall not be obligated to pay or be liable for
payment of any sums due which may be due to any sub-contractor.
5. Termination. The Professional or the City may terminate this Agreement, without
specifying the reason therefor, by giving notice, in writing, addressed to the other party, specifying
the effective date of the termination. No fees shall be earned after the effective date of the
termination. Upon any termination, all fmished or unfinished documents, data, studies, surveys,
PS1-971.doc Page 1
drawings, maps, models, photographs, reports or other material prepared by the Professional
pursuant to this Agreement shall become the property of the City. Notwithstanding the above,
Professional shall not be relieved of any liability to the City for damages sustained by the City by
virtue of any breach of this Agreement by the Professional, and the City may withhold any payments
to the Professional for the purposes of set-offuntil such time as the exact amount of damages due the
City from the Professional may be determined.
6. Covenant Against Contingent Fees. The Professional warrants that s/he has not
employed or retained any company or person, other than a bona fide employee working for the
Professional, to solicit or secure this contract, that s/he has not paid or agreed to pay any company or
person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gifts or
any other consideration contingent upon or resulting from the award or making of this contract.
7. Independent Contractor Status. It is expressly acknowledged and understood by the
parties that nothing contained in this agreement shall result in, or be construed as establishing an
employment relationship. Professional shall be, and shall perform as, an independent Contractor
who agrees to use his or her best efforts to provide the said services on behalf of the City. No agent,
employee, or servant of Professional shall be, or shall be deemed to be, the employee, agent or
servant of the City. City is interested only in the results obtained under this contract. The manner
and means of conducting the work are under the sole control of Professional. None of the benefits
provided by City to its employees including, but not limited to, workers' compensation insurance and
unemployment insurance, are available from City to the employees, agents or servants of
Professional. Professional shall be solely and entirely responsible for its acts and for the acts of
Professional's agents, employees, servants and subcontractors during the performance of this
contract. Professional shall indemnify City against all liability and loss in connection with, and shall
assume full responsibility for payment of all federal, state and local taxes or contributions imposed
or required under unemployment insurance, social security and income tax law, with respect to
Professional and/or Professional's employees engaged in the perfom~ance of the services agreed to
herein.
8. Indemnification. Professional agrees to indemnify and hold harmless the City, its
officers, employees, insurers, and self-insurance pool, from and against all liability, claims, and
demands, on account of injury, loss, or damage, including without limitation claims arising from
bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of
any kind whatsoever, which arise out of or aze in any manner connected with this contract, if such
injury, loss, or damage is caused in whole or in part by, or is claimed to be caused in whole or in part
by, the act, omission, error, professional error, mistake, negligence, or other fault of the Professional,
any subcontractor of the Professional, or any officer, employee, representative, or agent of the
Professional or of any subcontractor of the Professional, or which arises out of any workmen's
compensation claim of any employee of the Professional or of any employee of any subcontractor of
the Professional. The Professional agrees to investigate, handle, respond to, and to provide defense
for and defend against, any such liability, claims or demands at the sole expense of the Professional,
or at the option of the City, agrees to pay the City or reimburse the City for the defense costs
incurred by the City in connection with, any such liability, claims, or demands. If it is detemmined by
the fmal judgment of a court of competent jurisdiction that such injury, loss, or damage was caused
PS1-971.doc Page 2
in whole or in part by the act, omission, or other fault of the City, its officers, or its employees, the
City shall reimburse the Professional for the portion of the judgment attributable to such act,
omission, or other fault of the City, its officers, or employees.
9. Professional's Insurance. (a) Professional agrees to procure and maintain, at its own
expense, a policy or policies of insurance sufficient to insure against all liability, claims, demands,
and other obligations assumed by the Professional pursuant to Section 8 above. Such insurance shall
be in addition to any other insurance requirements imposed by this contract or by law. The
Professional shall not be relieved of any liability, claims, demands, or other obligations assumed
pursuant to Section 8 above by reason of its failure to procure or maintain insurance, or by reason of
its failure to procure or maintain insurance in sufficient amounts, duration, or types.
(b) Professional shall procure and maintain, and shall cause any subcontractor of the
Professional to procure and maintain, the minimum insurance coverages listed below. Such
coverages shall be procured and maintained with forms and insurance acceptable to the City. All
coverages shall be continuously maintained to cover all liability, claims, demands, and other
obligations assumed by the Professional pursuant to Section 8 above. In the case of any claims-made
policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain
such continuous coverage.
(i) Workers' Compensation insurance to cover obligations imposed by
applicable laws for any employee engaged in the performance of work under this contract, and
Employers' Liability insurance with minimum limits of FIVE HUNDRED THOUSAND DOLLARS
($500,000.00) for each accident, FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) disease
- policy limit, and FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) disease -each
employee. Evidence of qualified self-insured status may be substituted for the Workers'
Compensation requirements of this paragraph.
(ii) Commercial General Liability insurance with minimum combined single
limits of ONE MILLION DOLLARS ($1,000,000.00) each occurrence and ONE MILLION
DOLLARS ($1,000,000.00) aggregate. The policy shall be applicable to all premises and
operations. The policy shall include coverage for bodily injury, broad form property damage
(including completed operations), personal injury (including coverage for contractual and
employee acts), blanket contractual, independent contractors, products, and completed
operations. The policy shall contain a severability of interests provision.
(iii) Comprehensive Automobile Liability insurance with minimum combined
single limits for bodily injury and property damage of not less than ONE MILLION
DOLLARS ($1,000,000.00) each occurrence and ONE MILLION DOLLARS ($1,000,00-
0.00) aggregate with respect to each Professional's owned, hired and non-owned vehicles
assigned to or used in performance of the Scope of Work. The policy shall contain a
severability of interests provision. If the Professional has no owned automobiles, the
requirements of this Section shall be met by each employee of the Professional providing
services to the City under this contract.
PS1-971.doc Page 3
(iv) Professional Liability insurance with the minimum limits of ONE MILLION
DOLLARS ($1,000,000) each claim and ONE MILLION DOLLARS ($1,000,000)
aggregate.
(c) The policy or policies required above shall be endorsed to include the City and the City's
officers and employees as additional insureds. Every policy required above shall be primary insur-
ance, and any insurance carried by the City, its officers or employees, or carried by or provided
through any insurance pool of the City, shall be excess and not contributory insurance to that
provided by Professional. No additional insured endorsement to the policy required above shall
contain any exclusion for bodily injury or property damage arising from completed operations. The
Professional shall be solely responsible for any deductible losses under any policy required above.
(d) The certificate of insurance provided by the City shall be completed by the Professional's
insurance agent as evidence that policies providing the required coverages, conditions, and minimum
limits are in full force and effect, and shall be reviewed and approved by the City prior to
commencement of the contract. No other form of certificate shall be used. The certificate shall
identify this contract and shall provide that the coverages afforded under the policies shall not be
canceled, terminated or materially changed until at least thirty (30) days prior written notice has
been given to the City.
(e) Failure on the part of the Professional to procure or maintain policies providing the
required coverages, conditions, and minimum limits shall constitute a material breach of contract
upon which City may immediately terminate this contract, or at its discretion City may procure or
renew any such policy or any extended reporting period thereto and may pay any and all premiums
in connection therewith, and all monies so paid by City shall be repaid by Professional to City upon
demand, or City may offset the cost of the premiums against monies due to Professional from City.
(f) City reserves the right to request and receive a certified copy of any policy and any
endorsement thereto.
(g) The parties hereto understand and agree that City is relying on, and does not waive or
intend to waive by any provision of this contract, the monetary limitations (presently $150,000.00
per person and $600,000 per occurrence) or any other rights, immunities, and protections provided
by the Colorado Governmental Immunity Act, Section 24-10-101 et seq., C.R.S., as from time to
time amended, or otherwise available to City, its officers, or its employees.
10. City's Insurance. The parties hereto understand that the City is a member of the
Colorado Intergovernmental Risk Sharing Agency (CIRSA) and as such participates in the CIRSA
Property/Casualty Pool. Copies of the CIRSA policies and manual are kept at the City of Aspen
Finance Department and aze available to Professional for inspection during normal business hours.
City makes no representations whatsoever with respect to specific coverages offered by CIRSA.
City shall provide Professional reasonable notice of any changes in its membership or participation
in CIRSA.
PS1-971.doc Page 4
11. Completeness of Agreement. It is expressly agreed that this agreement contains the
entire undertaking of the parties relevant to the subject matter thereof and there aze no verbal or
written representations, agreements, warranties or promises pertaining to the project matter thereof
not expressly incorporated in this writing.
12. Notice. Any written notices as called for herein may be hand delivered to the
respective persons and/or addresses listed below or mailed by certified mail return receipt requested,
to:
City:
City Manager
City of Aspen
130 South Galena Street
Aspen, Colorado 81611
Professional:
Anna Gagne
Design Work Shop
120 East Main Street
Aspen, CO 81611
13. Non-Discrimination. No discrimination because of race, color, creed, sex, marital
status, affectional or sexual orientation, family responsibility, national origin, ancestry, handicap, or
religion shall be made in the employment of persons to perform services under this contract.
Professional agrees to meet all of the requirements of City's municipal code, Section 13-98,
pertaining to non-discrimination in employment.
14. Waiver. The waiver by the City of any term, covenant, or condition hereof shall not
operate as a waiver of any subsequent breach of the same or any other term. No term, covenant, or
condition of this Agreement can be waived except by the written consent of the City, and
forbearance or indulgence by the City in any regazd whatsoever shall not constitute a waiver of any
term, covenant, or condition to be performed by Professional to which the same may apply and, until
complete performance by Professional of said term, covenant or condition, the City shall be entitled
to invoke any remedy available to it under this Agreement or by law despite any such forbearance or
indulgence.
15. Execution of Agreement by Citv. This agreement shall be binding upon all parties
hereto and their respective heirs, executors, administrators, successors, and assigns. Notwithstanding
anything to the contrary contained herein, this agreement shall not be binding upon the City unless
duly executed by the Mayor of the City of Aspen (or a duly authorized official in his absence)
following a Motion or Resolution of the Council of the City of Aspen authorizing the Mayor (or a
duly authorized official in his absence) to execute the same.
16. Illegal Aliens -CRS 8-17.5-101 & 24-76.5-101.
a. Purpose. During the 2006 Colorado legislative session, the Legislature passed
House Bills 06-1343 (subsequently amended by HB 07-1073) and 06-1023 that added
new statutes relating to the employment of and contracting with illegal aliens. These new
laws prohibit all state agencies and political subdivisions, including the City of Aspen,
from knowingly hiring an illegal alien to perform work under a contract, or to knowingly
contract with a subcontractor who knowingly hires with an illegal alien to perform work
PS1-971.doc Page 5
under the contract. The new laws also require that all contracts for services include
certain specific language as set forth in the statutes. The following terms and conditions
have been designed to comply with the requirements of this new law.
b. Definitions. The following terms are defined in the new law and by this reference
are incorporated herein and in any contract for services entered into with the City of
Aspen.
"Basic Pilot Program" means the basic pilot employment verification program
created in Public Law 208, 104th Congress, as amended, and expanded in Public Law
156, 108th Congress, as amended, that is administered by the United States Department
of Homeland Security.
"Public Contract for Services" means this Agreement.
"Services" means the furnishing of labor, time, or effort by a Contractor or a
subcontractor not involving the delivery of a specific end product other than reports that
are merely incidental to the required performance.
c. By signing this document, Professional certifies and represents that at this time:
(i) Professional shall confirm the employment eligibility of all employees who
are newly hired for employment in the United States; and
(ii) Professional has participated or attempted to participate in the Basic Pilot
Program in order to verify that new employees are not employ illegal aliens.
d. Professional hereby confirms that:
(i) Professional shall not knowingly employ or contract new employees
without confirming the employment eligibility of all such employees hired for
employment in the United States under the Public Contract for Services.
(ii) Professional shall not enter into a contract with a subcontractor that fails
to confirm to the Professional that the subcontractor shall not knowingly hire new
employees without confirming their employment eligibility for employment in the
United States under the Public Contract for Services.
(iii) Professional has verified or has attempted to verify through participation
in the Federal Basic Pilot Program that Professional does not employ any new
employees who are not eligible for employment in the United States; and if
Professional has not been accepted into the Federal Basic Pilot Program prior to
entering into the Public Contract for Services, Professional shall forthwith apply
to participate in the Federal Basic Pilot Program and shall in writing verify such
application within five (5) days of the date of the Public Contract. Professional
PS1-971.doc Page 6
shall continue to apply to participate in the Federal Basic Pilot Program and shall
in writing verify same every three (3) calendar months thereafter, until
Professional is accepted or the public contract for services has been completed,
whichever is earlier. The requirements of this section shall not be required or
effective if the Federal Basic Pilot Program is discontinued.
(iv) Professional shall not use the Basic Pilot Program procedures to undertake
pre-employment screening of job applicants while the Public Contract for
Services is being performed.
(v) If Professional obtains actual knowledge that a subcontractor performing
work under the Public Contract for Services knowingly employs or contracts with
a new employee who is an illegal alien, Professional shall:
(1) Notify such subcontractor and the City of Aspen within
three days that Professional has actual knowledge that the subcontractor
has newly employed or contracted with an illegal alien; and
(2) Terminate the subcontract with the subcontractor if within
three days of receiving the notice required pursuant to this section the
subcontractor does not cease employing or contracting with the new
employee who is an illegal alien; except that Professional shall not
terminate the Public Contract for Services with the subcontractor if during
such three days the subcontractor provides information to establish that
the subcontractor has not knowingly employed or contracted with an
illegal alien.
(vi) Professional shall comply with any reasonable request by the Colorado
Department of Labor and Employment made in the course of an investigation that
the Colorado Department of Labor and Employment undertakes or is undertaking
pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S.
(vii) If Professional violates any provision of the Public Contract for Services
pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City of
Aspen may terminate the Public Contract for Services. If the Public Contract for
Services is so terminated, Contractor shall be liable For actual and consequential
damages to the City of Aspen arising out of Professional's violation of Subsection
8-17.5-102, C.R.S.
(ix) If Professional operates as a sole proprietor, Professional hereby swears or
affirms under penalty of perjury that the Professional (I) is a citizen of the United
States or otherwise lawfully present in the United States pursuant to federal
law,(2) shall comply with the provisions of CRS 24-76.5-101 et seg., and (3) shall
produce one of the forms of identification required by CRS 24-76.5-103 prior to
the effective date of this Agreement.
PS1-971.doc Page 7
17. General Terms.
(a) It is agreed that neither this agreement nor any of its terms, provisions,
conditions, representations or covenants can be modified, changed, terminated or amended, waived,
superseded or extended except by appropriate written instrument fully executed by the parties.
(b) If any of the provisions of this agreement shall be held invalid, illegal or
unenforceable it shall not affect or impair the validity, legality or enforceability of any other
provision.
(c) The parties acknowledge and understand that there aze no conditions or
limitations to this understanding except those as contained herein at the time of the execution hereof
and that after execution no alteration, change or modification shall be made except upon a writing
signed by the parties.
(d) This agreement shall be governed by the laws of the State of Colorado as
from time to time in effect.
IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly
authorized officials, this Agreement in three copies each of which shall be deemed an original on the
date hereinafter written.
[SIGNATURES ON FOLLOWING PAGE]
ATTESTED BY: CITY OF ASPEN, COLORADO:
~`_
By:
Title:
PSl-97l.doc Page 8
Date:
WITNESSED BY:
PROFESSIONAL:
DESIGN WORKS P
By:
Title: ,(~lK ,f 1~
Date: ~_lu.~~Q~ o-~
PS1-971.doc Page 9
EXHIBIT "A" to Professional Services Agreement -Scope of Work
Csn the following page, an indept6 description of the pro-
posed scope of urvicr is provided. We drscrd+c the proces
for xhievitag thoughtful and quality vvrk. [Dossing on
dehverabla and outcomes. The outline of proposed scope of
service is as folbws:
SCOPE $IJ41MARy Phase I -Data Collection and Prajecl Startup
The purpose of this phase u to dart the ptojea. set cku
goals and deliven6les, meet with applicable grottpt.
Collection existing duo wdl carve two purpous. (ate is to
infomt the Gctlinrion process. The accord purpox is to
gazher don that nn 6e utilized in the creation of the MCP
docvnseot. The project branding and website will begin
development at this stage.
Phase II - Corrvrrtrnity Outreach [mtiation
This phau include the eshtcaz Tonal steq regarding the exist-
ing conditions and the project procex u wep as other public
outrexh to itsitiate the project.
Phase III - Sma11 Gruup Meetings
The Small Group nxctings arc intended to engage a broad
spectrum ofcotrununity members, specific grouq that have
had lenitcd involvement in the post, and grouq with unique
perspective that arc oken unheard in a large group setting.
Phase IV -large Group Meetings
the Lark Group Skctings will create opportunities for
unununnv intenction and reevaluatron of the values aril
Phase V - Commurtity Plan Document Creatitm
'the MCP ?OOtI%2009 dorvnunt will be created through
collaboration with Staff. The donrment u intended to
be cleu, engaging, concise, and appropriate for a broad
audience.
Phase VI -Plan Approval Process
Adoption o(a final plan ran be a tine conanning and chal-
lenging protest due to the many inteersts invdved. Caiaing
input and buy-in through check-im with the review aad
approval body throughout the protest caa help expedae the
process and gain the tnntidence of bah the City Council
and Boarcl of County Commasionen A eku process and
conclrssiom to the dorwnent mrut be established to eruure
rompktion aril approval.
PS1-971.doc Page 10
Phase VII -Plan Sharing
The ti~ul document u only as useful as it is made accessible
lV the andlrnCr.
ARRREViATiOtYS 1 he tvpr and lrvrl oCsuppo~t regturetl/e.pected Crotn the
City and County and the involvement of consultant groups
through exh task of the project u identified by initials in the
order of greatest involvement/responsibility. Abbreviations
are ax follows
DW Design Workshop, Inc.
EMPG =The Elk Mountain Planning Croup. Inc.
PW =Project West
S =City and County Stafl involved in this procras'
Venturonf ° Venturoni Surveys bt Research, Inc.
OZ = OZ Architectttte: [gmcio Corm-Ortiz
~C - Forrsee Consulting. Inc.
* According to the RFP "The Consultant(s) should expect
involvement from approximately six StafTmrmbcrs. with
varying degtres oC involvement. 1'wo Staff trtetnben are
expected to provide 50°!0 of their tine ou this project, and
the otherx will 6c able to pro~~dc less time. Staff is anticipat
ing participating in thr entire process aad providing tech-
nicallfunctional help, brit Staff does not have the time to
faciliute ntedings."
Aspen Agra Ctxnmurtity Plan lsttblic Process 12 I
PS 1-971.doc Page 11
["HA$li ~ -DATA Task 1.1 Project Kickott Meeting (DW, S, DdiverttWes:
COLLECTION AND EMPC;, PW, O%) ProjectManagemerttPlen
YRO F.C:T STARTUP
J 1 ~
Time Frame Late one, _008 consisting of en Internal
Communication Plan, Team
Directory, Hosting Minutes,
The Design Workshop tnm will work with the City to Final Stops Of Work, Project
organize. rootdinatc aad conduct a half day meeting with Schedule
StafT (prirttarily Conununity Development. but could include
other depamrrents) u part of a Project IvckofT' Meeting. [t u ~ .dssumpdnt:
anticipated that Staff will express their expectations regarding
' Ir a excumed dot Drrigr
Wo,kthap ui8 pm+ide a drrf!
this meeting will be essential to
goals and respotsibilitiet. age,eda m ~ n+efvrnrd kith Sta
((.
esrabli:lt the following: ~
T1r i,dda! &idrdf mordng ui/r
xnrr u[ cidro du Giry uffia a
• latroducrioru to team members Design 14'ueietkap.4rpor OBim
• Mutual ag:eetnent on the public fxilintion technique adds ap ro 6 Staff mc,nbcn m
• Refsncment of the project schedule aturedante ,end 6 DW ttaps
Humbert in arkndarea. Only tav
• Tides and responsibilities of the DW Team, Staff and of the UW team ranrebrrs will
otI'ieials be p,wret fw flee mriR Ju~(-day
• An inter[,,! communication plw for the Desigo madry rtirh a{I odor: rrtmding
'
Workshop Tcarn and StafT' tpedfit;asia,u, ody ran Dt1
ream Hrembe,t au !rose Posen,!
vdride 4asrl uPenur acsodated
Thm memben of Design Wodcshop wi0 host the meet- r"d, attardaHn.
ing. Three mnnben of Projett Wet will be in attendance
for half oC the meeUrsg. LMPG and VL will participate in a
portion of the meeting via telephone. Prior to the kickoff
mecKing with Stafl, an internal kick-offmeeting will be held
with the consultant groups.
Task 1.2 Project Management (DW) Delivmtsbles:
Time Frame: Ongoing 1 hour update meeting per
week for 10 mondts
livery phase will involve project management Ircnn Thsign 10 progress reports
Wodtshop's Principal-in-Chaege and the Project Manager.
Design Workshop strives to cnsurc quality assurance and
quality control through dear communication and dialogue
with their diems and amongst our teats. Direct cotnttw-
nication with the Staff will br, ad~cssed thmtrgh metno-
randurru, phone calls and etnails that will be provided to
the client thrrnrghout the entirety of the pmjcct. This task
will iaclttde an hour of wcrkly update or team mettings
with one mcmleer tsf the [hsign Workshop team which will
3 I pE$~(,~Fpi{~gjOp
PS 1-971.doc Page 12
occur at a rnunrally agnerable time. "Chr. close proximity of
the town offices to the Design Wodcshop office and other
tram members aUoNS for much oCthe corrmrunicatiou to
be convenient and in person. AdditioaaUy. a progress report
detailing all tazks completed daring t;arh billingrycJc will
xcompany all invoicrs.
Task 1.3 Dsta Collection and Communications
flan (llW, S, EMI'C, Venturoni, OL)
I one Frvnr. lone through August ?t11 R3
Collection of existing data will serve two ptrrposcs. Chre is
to inform the facilitation process. The second propose is to
gather data that can be utilized m the creatxsn of the AACP
document. Data that will be used both within the AACP
document and the tacJitation pnscess includes the Vision
and Policy Statemenu from the 3000 AACP. G1S data from
thr City and Counry for mapping purposes and the Existing
Conditiotu Report. Ptrvitnts survey data such as the Aspen
Corr Beliefs meeting results, Pitkin County Comntuniry
Survey and the Smarr Survey may help inlbrm the manner
in which yuenasns arc posed within the facilitation mcet-
in~ and to identify trends in these most trcrnt polling of
comntuniry values. Staff will provide requested dap to the
Design Workshop Team.
I t u likely that while analyzing the data, DW will discovee
efficiencies in the tack of analyzing the data. There ate
apparent efficiencies of having the author of the F:xiating
Conditions Report and the 2000 AACP on the project team.
juke Ann Woods will interpret and find usefid applications
of the Exising Conditions rrport futdingt. "Team rtumber
Linda Vrntumni will provide vahrable insight into the recent
survey work that she has completed in the cottununity.
Tearn member Igrtacio Correa-Orciz will review the past
l5 yrars of Latino activism iu the Roaring Pork Valley to
compile knowledge, identify trends and discern options to
materialize a meaningful [atino contribution to the vision.
'I'o inform the facilitation pnxcss, an initial list ..ill be devel-
oped identifying the groups and iudividuals that need to be
reached. their robs in the procsxt antl how to contact them.
This Cormnunication Plan wJl Ise implctttcnted in Phaxc 11,
[II and IV. To ratablish the y~rotmdwodc for these future
phases, tnany convenatiom will need to take place with
represcnntives, group organizrn, and cornmuniry members.
For cxarrrplc, to determine a nunucr to faciliute small group
Aspen Area Cunmurtity Plan Public Ptocesa I d
DelivttraWea
• Memo d data collected
and needs
• Fxtemal Communications
Plan
' .-Istampriuns:
S6$ ral! provide Ciry and
Cworry tcpars and daarrnarK
PS1-971.doc Page 13
meetings with the Latino community we will interview
Catholic Charities of Glenwood Springs, the Community
Integntion Initiative which is the current itentioa oCthe
Latiuo Netwodc Council, urd other community leaders. fn
a<ielition, xhool administrators will need to he imcrviewrd
to dercrmine a rrteaos of facilitating the youth xrivities.
We anticipate splitting this effort of developing a cotrvnuni-
cations plan with StaEL The initial Commuvicatioas Plan lie
of contxu will be developed by Design Workshop and Staff
with provide srrggestioru and additions. The list of follow up
contact/info _~ thering responsibilities will Fx divided with
Sta(i:
Task 1.~ Media and Advettiisement Plan (DW, S, Deliverables:
p~{/I Media plan for the project
including a detailed timalitro
T'inmc Frune: June through luly 2(N1$ and mama including contact
info, anticipated cott[ettt,
Successful community outreach rcgwrcs a strategic plan for Protocol, sthadula, and costs
utilizing the media. Also required u a clnr undersnnding of
~
consistent messages that needs to be eomeyed. Broad media Assa~nau:
Staff rs+l! mmrrgc r7J m<dr
outreach wi- be needed for. alatlans irodsrding rwnmwrisatiars,
price a8rr<ments, pvn[ a.rd
• Educarion about the existing conditions report, w..~n,meon.
• 1 nvitations to the large group meerings;
• Distri6ttrion of the final plan: and
• (~cnenl ulvcnis~Yrtcnt about the process and other
oppommitirs for input (i.e. website, small group
meetings, and intercept interviews) .
Thu task addrcaxs the need to develop a specific plan before
the offset of the public iuvolvrnunt. The plan will target
sp<coic ~KOUps through media, such as text mcasa6x:s to the
technology savvy and Spanish media coverage.
The rrredu plan will include a contact list for media, a
description of the protocol Cor cornrmrnications, aschedule
for media events and activities, rrtedia costs the town would
incur and identification of the types of information to be
included in future trxdia packet. We anticipate a plan for
media involvement to include:
• TV coverage: A specific plan would be c~~a[<d f'or
airing progtarru on Grassroots TV. This could inchrde:
1 hour probnrru to air 5 tunes nunimtun, 2 minute,
messages between the progtanmtning breaks, and speakers
i s i DESIGNVFOliIC5~i0P
PS 1-971.doc Page 14
and pnyen~ation to appear on current local programs.
1 n addition. a detailed plan will be created for limited
advertising ou valley ody cable television. Satioru such
as the Weather Channel and local news reportwg ue
highly coat e(fistivr, when targeted to a small geo-
graphic vievvcr area.
Radio advrrtixemrnt and pro~vru: Radio would Ise
used for advertisements for the release of reports and
invitation to meetings. Broadcasting of a vancry of
programs is also possible. Pre recorded meetings or
speakers could be provided to local radio stations Eor
airing. Also, specific programming might be cheated
for radio. Statio~u to coruider are: KAJX (Aspen Public
Radio-, KASP-LP (Aspen corntnunity radio) KSPN
(music and local event coverage). KNPO (NewsiTalk
Radio), KSNO (music and local news), KPWV (Radio
'fri-Color Spanish language) and Nueva Ulic Spanish
langtragc, and KDNK (Carbottdalc%Glcnwood Springs
cornrrnmity radio).
Newspaper coverage: This will include advertise-
ments for meetings, identification of stories Kr wotild
like covered by the local paper, and agreements with
photographers and reporters [o attend meetings. 'I'o
supplement newspaper dssplay advertising. wve w'OUId
recommend nmlti page special irtsrrls to lx~ inchuled in
the local papcn. The insert cotild be used Cor a variety
ofpurpoacs including communirating a cotulensed vn-
sion oC the lixistwg Condiuona Report or for advance
conursrtnication oC key questions that ntay be asked ac
group meetings. Printed ovcrtuns of the inserts cotild be
used to solicit hand written input from urrdcrrepresented
grrnsps [hat may not Gave access to a computer (senior
citizens, for example). Newspapers to consider arc: The
Aspen Tirncs, The Aspen Dat7y News, La Tribuna, Le
Mission, and the Post Independent.
Community advcrti+etrtcntt: Placement of advertise-
ments in cormrsunity plxrs may be used to large[
grrnrps that may not typically encounter the medium
listed above. It may also serve as a reminder of impor-
tant dates xuch as the large grcxtp meetings. Connnuaity
advrrtiurttent would take the Conn oCidentdicatiou on
community and visitor websites and oriline calendars.
diroct mail to tar},^et groups, placsirrent ofposterxifli-
ers in places of prominent public gatherings including:
gtncery stores, libraries, bra stops and interione, the
gondola playa, gyms, local business estahlishments wuh
high patronage or number of employees, non-profit
Aspen Area Community Plan Public Piercers 16 I
PS1-971.doc Page 15
establishments, child care (acJitiea, schtwb, select res-
taunnrs and hotels, health earn facilities, neigit6orhood
oq;anizations, and fordable housing complexes.
Taslt 1.5 Project Brooding (DW, PW, S) Deliverttblew
Mockup examples for.
'I'irrte Fransc: June through Septembxr 30ea; project bgo, newspaper
advertisements, posters,
Meeung advertiumenu, visuals for presentations, handouts direct mail, flyers, power
Cor public meetings, the wehsite, and the final document point presentation
must all Gave a dcaign and fomnt that u ronsistent, compel- templates, color pellet
ling, appropriate for the ditTerent formats, and u appropriate and fonts, meeting
for the linglish and Spanish speaking corrununities. Meeting handouts, posWrs,
and document tides, logos, and word selection can make wabsRe banners,
the diffcrcace between high levels of public a~ruencss. document and public
meeting titlos
public apathy, or even distrust. Our branding cxpcru and Implementation
website apecialisu will host an initial rneetin6 with Staff to guidelines/graphie
brainstorm vital aspects of your branding (identity/brand standards for the
rouge) as it rclatcs to your target audience, messaging and bnnd'ng components
communicatiom.
The DW team will then develop two to three schematic
mock up examples of the dclivenhles for discttsaion at a
accond meeting. One schematic will be selected by Stand
utilixcd in the creation of the deliverables. lmplemenntion
guidelines/graphie standards will also be provided.
'I'eslt 1.6 Website llevelopment (DW, PW, S) Dalivsrablgs;
Time Ftamc: June LO through September 3006 Research and assesament
• Three sample designs
Teens memfsen Project West will create and maintain a forfirst and second level
wrbsitc that includes all the services listed iu the RFP. Pages of the site
Cepy editing 4eoPY
Grassroots T.V. can provide all video services (lilntwg and provided by client)
editing at a nominal price ctxrtparcd to a cunnners-ial outfit) . Detailed project
tomtatted Cor the web. We suggest the Collowutg scopr of production sehaduk
wodc regarding the website: • Strategic implemtmgtgn
plan
ProjectWest haz developed a four part approach to a twtom- All design, development
iud Wch solution for this public information campaign. and coding work
T'he pnscas includes the phases oC Di:<ovrry, Drsign, Design, coding, keywords,
Development, and Deplor~rtent. metatags and links tar
optimal search angina
• 7'hc Disrovary phase is ProjcctWcst's initial information ranking
gathering and needs analysis stage. It includes the kickolT ~ License to use
mreting and other group rrteetings as weR as one on PrejeCtBtYld er
tWeb•based content
one meetings and initial interGce exploration. We will mane Bement sysumM
empty resnrch techniques (observations, interviews, Server configuration end
questionnaires, and rclatr. d activities) to loam mote sKe set-up
ICI
PS 1-971.doc Page 16
alxart the. potential site users and will draw on a comisi •~luumptivn: Swj/tri!lprovide
nation of ttxr rcxarc6 and technological possibilities to ;nf.»rn.tri.,.t tp rlrc utdrs;a trnd»
create ottr design concept. I~ the atlodur, hmrdvts, ac,.
During the Design phax ProjcctWcst develops the DrsiBrt {i udcnkep utH not
~~ ~ ~QI~YJ°r
crnlive stntegy and prrxuts the City and County with the ttKbare, but ttdA r„ypry a&
a creative briefoudining the strategy. The creative brief dclisrntbki;dnrefied;n rlerrtarir
intudes the brand positioning and dcvt.~loprnent of jorrn,tr ja induaas ar the u+b.
the creative thane which is baxd on the established Wibcir hortirtg usU lun arse goer.
brand, our crcauve bnimtort» sessans and the results
o(our discovery process. During this phase tvr will also '.~issutnpt1.m: Bfug FraMret seed
develop the utfotmatiou architecture Eor the plw and a l~arrirc M.qx ae ~ °P1l0na
structure for the information that a vvrobsite well eonnin. add;nand re+via not indudal in
Otte focus in designing the inforrrution arehitceturc is the buseJee.
always on the tact and ou user rryuimuents.
Development of the site begins a&cr sign-off on the
lntrrnrl alChllrl'tuR plan, CIratlt'e bnCl and QlaphlC
design. This phax includes all coding and pcogramnrirtg,
build-ours, the diginlizarion of all photos, Jlustra-
tions, µraphics or logos, ckvelopmeut of mtilturxdia,
dcvdoprncnt of the adminis[n[ion am for the content
management system, design and activarion of the email
and visitor clan capn[rc fomu, and the drvclopment of
report tracking specific to the needs of the City Cor this
project.
Prior to deploynunt, the site is tested on all major
hrowxrs and platfortru to ensure functionality and
inmidvc usabJity. Wr. will provide a one hour train
ing xssion as well as a comprehensive step by step text
manual. This document dcscrihrs the site maintrnancr
procedtues and a recovery plan for each foreseeable
hardware./wttwarc faihm+. After launch, fu0ow rep
asxssmcnts are made at weekiv intervals for the first 3tl
days after launch.
A suR},~rstrd appnsach might be to tkngn the site in arch a
way that rt connects to the individual and crates a strong
scnx of ownership - "The Aspen Ares Cemm~uniry Plan
is your plau." 'phis approach dews fevers the 1993 and
2(>UO Cornmumty Vision which encourages mate citizen
Aspen Area Commurri[y Plan Public Process 18 I
PS 1-971.doc Page 17
interaction, involvement and participation in public pro
ceites. It should encourage browsing of the site and sdecit
feedback and interaction where applicable..
Pltnst: II -
CU NMUN!'fY
OUTREACH
IV 11'IA'11()IV
Since this will be a content havy site. we might wggest
building the content stnurure into a page organized by
sttbjcd with links to fitnher information. Phis u a vrry
powerful way of making information readily accesxiblr. to a
wide range ofuurs. 'This provides an at a glance window to
a lot of information, not all of it in the same section. At all
levels, navigation needs to be obvious and intuitivq laying a
solid foundation for an candy-managed, Ilc:cible, and highly
usable site.
C~ttr development strategy would also entail tssing the latest
inttnc[ive features including till content management,
interactive maps. on-line surveys, video streaming, Pod rants,
blogs, updatable calendar of events. inquiry email, corntneot
submission, media center with press release archives, print
lucks, sift snap, search ettgute, and other innovative fcatutcs.
Tas{t 2.1 Intercept Intetviows (S, DW, UZ)
1'inte l-ramc::'lugttst through llcennbrr ZCK.tt3
DW fully embraces the idea of intercep[ interviews proposed
in the RFP. The book entitled The Aspen Idea by Sidney
Hyman describes this informal communication style that has
been past of the charm ofAsprm sutce its Lady days as:
"Frtx eadutrtge of rdras in an racy and pleavml uny. Distinguished
speakers did trot retire to clar'stm udtere'thry talktd only to earn
other; tlry um dntr a7 !rand and amid be engaged in sponranevus
dirarssiorss undo a fete, in [!tc .vote of a ua1k, otrr a cup oJm,(fec
w a midmgkt drink. "
As mentioned in our Understanding and Approach, the
gathering of people for public events anel in public spaces
will be capiglized om in this process. Farmer Marken, the
Snowrrtasa Music Concerts, local festivals, and Icxal sporting
events, ate just soma of the places that infomntion gathering
and the distillation of information ran take place. There are
many poinu in the psvccss in which the intercept mtetviews
could be useful. The fotlowing is a description of vary-
ing possibilities that will be consulered within the logistics
memo:
I91
Ddivenbles:
• Memo identifying the
logistics, inunt, and
desired outcome}orthe
intercept interviews.
• Coordination with
Grassroots T.V. and up
to 10 Noun d editing
direction.
• 24 hours of intercept
inbrviews canducad try
one Design Workshop
manager and ones irttem.
3 hours d intercept
interviews with Spanish
translation
PS 1-971.doc Page 18
Fxisnng Conditions F.rlurauan:
The F..xisting Conditions Repon u full of farts and figures
that one not typically entertaining to a broad audience. The
RFP wggcsts a "Jeopardy" game to entice people. We wg-
gcst a variation that would allow for mote "cootcuanti' to
"play" and might gamer more public attention and interett
on Icxal "1'V. We wggcst intercept interviews that follows
the theme of the television game-show "Cash Cab". Trivia
qucstiona from the Existing Conditions Report could 6e
asked of impromptu on-rho- ttreet participants in search
of'the "liltinn[e Aspenite". This u intended to tit the
1993 AACP Vision that the community iltould "avoid an
environmrnt that u too structured, too perfect, and that
<linunates the Gtnkinas that once chatactenzed the towa."
Costtmtes and other irreverent behavior should be encour-
aged in this fotmar for the Iwrpose of expressing the unique
personalities and provide entertaining eduction. The
program can also feature the diversity of the community
by including game show hosts and participants who ~k
languages other than F•.nglish. Subtitles can help overcome
the language challenges.
Grassroots "l'. V. would fihn the ~ttte show givin{t mote.
legitimacy to the interviews than just a handheld personal
camrta. 'I'hc program would than air on Grassnsota'C.V..
be used az apod-cast, and clips shown at the Large Group
rrtcctings.
Community Valuts:
Attending the Large Group meetings may be wconvenient
for some propk, including shoe term visitors and xasonal
workers. Capturing input in the forth of a gsxttionnairc,
inComtal convcrsuion. or again a video interview cotild
allow for brief. but ttsefiil input regarding cotttrrnrniry
values. A video booth xt up in an utive space such as the
gondola plaza or Ruby Park 'fnesit Center may allow for
pnva[e conversations to take pLke. capturing coavemtiom
fisr tirtute use. Events honed for seasonal workers may be
another place to gather input. In addition. events mvld
be hosted with the look and appearance of a typical Aspen
event uranged to allow for intercept interviews to take
place. 'I'lre Aspen Young Pmfcsaiortal's club volunteer fair
has been successful in the past by gathering people Cor wine
tasting in order to xhare mforttution. Such a model rruy be
used to rttgage the yotmg processionals to discuu the futtue
of Aspen and their role in it.
Aspen Area Community Plan Public Process Ito I
PS 1-971.doc Page 19
Dcsi~m Workshop vvi0 aaiat Stab in idcntifyittg the place,
tune, logistics and intent of the intenriews. The involvement
in coadueting the uttcrvirws is listed as art additional xtvice
as this is a task tint StaSnny choox to undertake thmr-
sclvr ,last may need additional support.
Task 2.2 Speakers Series (S, DW, EMPG, OZ) Deliverables:
"Time Frame: Jtily through mid Scytrndrer 2(XN3 Develop talking points,
presentations, and handouts
"Chem arc many active organizations iv the comrnuuily that •.•Lrsumpti.~ru:
would benefit from a Speaker Series for cchreation on the Sm((u+1( mndurr der Spralrrrs
existing conditions as well as to rncwrrage thins to lnrtici- ~^t3 prrscrttatiau aRdr uP to
pate in future input sessiotu The RFP suggests engaging 16 lnuri of muting anrn,lurac/
twelve (l2) organizations with the opportunity for more. /A01nopu0at !'Y lJrsign WurksGop
The difficulty lies in selecting the groups that will be the and up w 16 hwn (irtdvdrrtg
trarc! imc) of Spanuk Asnrloian/
most rewanlin}; to address as well as the most diverse in presentadun prodded by OZ.
order to get a xnu of a broad cross section of the commu-
nity and interesu. We suggest engaging groups with interesd
focus ou the topical areas sad Gave mwy active member,
along with those groups ilea[ coataiu members that are on
the. taut list of the. typically undern~prrsented.
Deign Wodcshop Tear will undertake the following:
• Identifying these groups to engage in the Speakers Series
with input from Staff regarding the list
• A one-page handout to distribute at the meetings
• One 75% cotrtplete elrafi list of talking poinu and draft
power point prexntarion for the City Staff to tailor for
exh group/presentation u desired.
One day of presentations to Spanish speaking groups.
Preentation!attendance by Design Workshop.
"Task 2.3 Questionnaire Development (DW,
Venttuoni, S) OuestionnaireforPubkc
'Dime prame: October (questionnaire preparation) thrwµh
Meetings
Pebnnry 2009 (data gathering and amlysis) • (Optional) Mail and
Online survey, survey
I'hc ItFP rcconunends that the Large Group meeting in English end Spanish.
include the ux of keypad voting. The Dcsigrt Workshop phone survey, analysis of
Tcarn wdl slevclop a yucrtionnaire to he uxd in the i.argr tits data.
Group meetings and Small Group Meetings.
The individual mcctinga provide an opportunity to heaz
from a portion of the community in attendance at once.
111 i pE$IGN~pRjC~j+~p
PSI -971.doc Page 20
Hnwcvci, the panicipanu at the large pttblic mcetinyn arc
typically not representative of the broad spec[ntm of the
comrnuttity and the resulu do not stand for the abwlutc
sentunent of the entire community. Poe this reason, we
r<.uxnmend a sttrvry he conducted to provide u$Irtional
avenues for collection of public xntiment. Thu survey is
identiticd as an optional supplimenW item in the fa estimate
that requires approval.
We believe that pan of creating a transparent process u
conducting surveys, questionnaires, and data analysis in
an unbiased and statistically sounJ manner. If they arc not
compktcYl in this manner, they are merely opinion polls. For
this reason, we mcorrtmend Venturoni provide assistance to
f)estgn Workshop and Staff in the question writing, survey
wrbsite hoeing, survey distribution. and survey analysis. "the
surveys would also be provided in Spanish.
If the additional survey option u approved, we anticipue
one surrey to be held prior to the Large Grottp Meeting(s)
via the project websitc artd mail. The web and mat? surveys
will I>L cnrated with the ability to ensure a low tlrbrec of
duplicate rounu.
The steps to create this optional survey ate:
• C:dlcetion of potential survey questions from prior
surveys conducted fur Aspen and othcn that mivht strut
as a model (Veuturoni)
• Formulated questions hued on the L• risting (:ondiuotu
Report, 2000 A.9CP Vision and Pohcics wd resulu of
srrtall group ntertin~ (DW, Vcnturom~
• Onr. meeting with StafTto discuu mrv~ey question
objectives and themes (DW. Venturoni, S)
• llcveJopnxnt of an rntail and maJ lie. 'I~his will be
provided by Venturoni based on recent prior surveys
conducted for the City and County and any suppktnent
lists the Statrprovides
• Refinement of the questionnaire (Vcnturoni, I)W. S~
Trauslauon to SEranish (DW1
Aspen Area Community Plan Public Process I [2 I
PS1-971.doc Page 2l
PHASE III -SMALL Mme Peseta: Septcmber[hrough February 2008 Delivertsblee:
GROUP MEETINGS Meeting agendas, powerparrt
Small group engagement techniques will address some of Dresentation or other meeting
the challenges to creating quality iuteracaons irleutified irs latilitation tools, fliers
the Project l.~ndetstandiug. The small group meerittgs will individualized to advertise
provide the following l>,~netits: mttetings with the Latino
community, down valley
• A comfortable, convenient, and accessible way of all rttsidertts, and large youth
meadng
community members to participate in this process.
Some individuals ntay feel intimidated by a large gn>up,
e~+ecially d~ they have language or culttual differences.
Others may feel tlut they won't really be heard in a
laegc group. Still others may shy away Crom a situation
that they f«~I may br °contetniotu". Having small
groups that err homogenous will allow us to tailor to
the needs of that specific grasp (e.g., language, mobil-
ity, a~•e issues), engage in locations that are familiar
and comfortable for the participants, provide sutlicient
time for all participanu to he heard, and create an
enviroument Cor stimulating erchan~ of ideas without
contentiousness.
• Creating personal investnsent in the public participa-
tion process. We believe tbat engaging community
nxmbers in this way wdl open the door for conuntsnity
members to feel welcomed and comfortable participat-
ing iu public Irarticipation processes not only now but
in the funtrc. The nscssage we would went to convey is
that they are mcntbets of this community and every-
one's input matters.
• Creating balanced input and valuing the group's
input. By teaching a broader poptdarion through small
group meetings, we eosutr that the feedback received u
balanced and rcprcscutativc of the larger population and
not a vo«al subxt oCthe comrnunity. Participants need
to know that their inptu rnattcts.
• Building tspcrn the policy and vision statements in
the 200n Aspen Area Community Platt and the
Existing Conditions report. It will be important to
help participants understand and build upon the founds
non of extsttng pohcy.wisiou xeatemeuts and Exuting
Conditions undctstanding.
• lligesting the rhemex that emerge from the srttaU
group engagetncnts.:in enormous value of the mall
group cngagemcnu is the opportunity to hear from
groups that ate probably fairly homogenous and like
nunded. issucs/thenm that may confiitz with the iuues/
13 I ~$~
PS 1-971.doc Page 22
thrmrs t>f other gntwps. "I'hu will allow tisr itletnitiea-
tion of areaz of conflict and compliment and ttse that
information to guide value choicrs in the 6tgc group
meetings.
'Task 3.l Small Gmup Meetings (1)W, S, O%)
The Small Group meetings are intended to engage a broad
spcctmm ofetxnmunity members, specific groups that have
limited involvement in the put, and groups with unique
Ix•rslxrnvcs that are often unheard in a large group setting.
"Phe [ atino cormnunity, down valley rcsuknts, and the
youth populazion will be specifically targeted for engagement
in small group meetings groups due to their limited engage-
rrtcnt in the pax.
Latino C.ontrnuni[y: The DW tc:nn will sp:ak with
Latino group representatives and commttnity leaders in the
Roaring Fork Valley to identify the appropriate rruthssds to
e[tgage a reprr"sentative group. We anticipate the Collowing
commimtenu:
• One day for personal outreach to invite people to the
meeting (OZ. DW, wd S)
• Meeting prcpantiou including meeting logistics, 6and-
rnus, talking Ixsints, and lacditation (DW. OZ, ti)
• Three small groups meetings, one unallcr in size with
peraortalized invitations (10 20 participants) and the
other two are large format (40-80 participant) one
caking place in Aspen and one down valley. facilitation
oCthe meetings wilt be provided by the DW Tearn with
Staffinembets in attendance (OZ, S, DW)
Chilcln-niYouth: "['he local schools and youth organiz~tiom
will bs- conucted to identify opportunities for cn~~dng
youth of diffetrnt age nnges. We anticipate the following:
• CLsssms»n distvssion in arch settings as civic classes will
be conducted by StaH~
• A large school rvcnt will be coordinated by Staff to
engage school students to gather together. We anticipate
this meeting to be conducted similarly to the Large
C:nsup meetiugs utilizing the eleetsnnic voting devises
Down VaIIe~Resideuts: Snell group meetings will be
hosted to engage those that work in Aspen but corrrrrntte
fmm Down Vallry. We mticipate the following:
• Meeting preparation including meeting logistics.
Aspen Area Ctxnmurtity Plan public Process t~ I
*.9ueunpti/rrt:
• Stuff uevld mwdiwse u+rk
GracrrooB TV fw rides
reronlirrg rrul editvng seruires
on un u-nndrd bush.
• Afeeting input note,
iarvatim rnailixys/rorrtart
and meedrr,Q spax resrnmdon
roiR be flee respmsiNliry
Swf j
• A rwxisaum ujfour Design
IG'odeshop vsm members
rrnll pvaidr furiliwdon of
nc~ I.uurw C.ummu+rity,
Dwm L:$ey Rtsidrnts, and
land Cwnmuni[y meebngt.
Additiarrrl fudGrroon
tta~ rrrr be prordded at an
additions! kaudy .ale at
list<d iu the tupf~frneenro!
budgrt. Othemdsr, it is
unumrd that Stuff udQ
provide the addr'tional
fsaliwtorr nerresrry.
• Advsnced keypad tecknrdagy
rapport is not rclttircd for der
rm.d! b+mrp rrucrings.
PS 1-971.doc Page 23
hanck>uts, talking pcsinu, and facilitation wdl lx- a joint
effort of Design Workshop and Stab'
• Two me<tings will be facilitated by both Design
Workshop and Staff with anticipation of 100-150 prnplr.
in attendance at rhea meetings.
In addition, local cottunttnity stttall group meetings will be
hosted to proviek oppommity for focuxd clisnarions. Staff
will send out invitation to Aspen neighborhood associations,
technical experts, and key business and organirttion leaders.
Several m«lings will be hosted to allow for panicipaau to
schedule a tine that works best [or them to attend.
Dcsisgr Wodcahop will kad the Caeiliution of these mcctittgs
with Staff providing support facilitation of the small groups.
One hmxlrcd hours of [ac:iliation will tx: provided by Design
Workshop with any additional facilitation needs provided by
Staff
"Task 3.2 Small Group Meeting Synthesis (llW, Ddivt-ra61e:
S, OZ) Small group meeting summery
memo
The input of the small group meetings will be capmrrd by
photograph, written stmnmry provided 6y DW end Staff;
video, and participant written comments. Design Workshop
will collect this infotmarion and work to identify themes that
emerge and iudicationt of values and vision. As Ixrrt of the
weekly comm~tnications with Stall, Design Wodtshop will
provide an update and bold a dixussion. A sttrttntaty ttteato
of all the Srnall Group nscctinfp, will be provided to Sta[i-a[
the cotnplction uC the Srrtall Group meetings.
PHASE IV: LARGE Timc Franc: November 2008 through Fcbntary 2009 (DW. DdiverttWes:
CiROl1P MIa:TINGS S, Vcnluroni, dC) Meeting hand-otrts
• Keypad voting
The tasks up to this point, the public participation and questionnare in power-
advertisement of the meetings will build up to this most point
icnportaot event, the Large Group meetings. Power point presentation
• Talking points outline
We propose two duplicate public meetings he held to reach • Meshing logistics memo
a crowd that is available during the noon period and oru Keypad voting results and
that is avadahle in the evening. We anticipate two-hour analysis
mcrtin6a. The mactinla arc erpccced to involve ?50 to 350 ' MeeLng summary of
people each- We assume that specifics of the approach astd inputfrom the brwk-out
techniques will 6e determined and refined baxd on lesson
sessions
learned from the fits[ tour phases of the project. We will
provide an cnstline anti ckacriptions of options we propcssr,
for comideration ttgarding this ttteetiag as follows:
I 1 s I DESIGNWOR[C~~ IQP
PS 1-971.doc Page 24
Rrcak out. sessions
6rcak-out sessions witl allow for stttall group discussions.
llialog is itrtportant in the large group setting to cncoungc
sharing of points of view and values. It might be interctt-
ing to do a "eauetta" typr format rn whit-h kery isstxrs arc
identified and groups can advocate for the position that they
support on the issue. Participants could ravel around the
room to littcn to the difl-etent positions beittg represented.
Following could be ekctronic voting to xe where the group
opinion sands. We could even do a pre-caucus vote and
post-caucus vote and see iCa di~ercnce wzs created. 'Phis
would allow us to address the constituencies erprexnted in
the srrtall group meetings.
Kcvmd Vorin~
1' he number of participants and feedback desired of citizens
makes the keypad voting devices a highly e6ective way
to rapidly mach a da~ired otucome for the meeting. This
technology helps with data managetnent, analyvs, problem
solving, dccuion making, and corrtmunintion. We dcxribc
a range of passible uteaua of utilizing the devices in order to
allow for additional services u daircd. We highly reran
nteud the advanced voting capabilities Cor their ability to
captivate an audience and result in highly intelligent and
easily cotnpmhendilile rnttcontes.
Option 1 ~ Base Letr1 Goring Capahilities~ !Much like the Aspen
Core Values meetings, the fomut of the meeting would
incltsde a series of tlttrstiotts posed to the entire large gp;oup
for instant feedback. Simple cross correlation of results would
be provided promptly. The rewlta could then be analyzed
in greater detail following the meeting. It is assumed in
thu meeting option that Lksign Workshop would host the
voting session with Staff providing technical support for the
keypad technology.
Option 3: IntrrmeJiare Gbtinq Capabilities: Foresee Cosssultmg
has provided orchestnnon and technical support for keypad
voting; to Iksibm Workshop in the past. Foresee w•rntkl
wrig6 in on the cfledivencss of the yucationttaire for keypad
voting based on previous experiences. Foresee would fi~nnat
the presentation [o optittuu is for crow correlation and
provide support for the keypad voting device se[ up and
impkmentalion. An additonal ?50 voting devices could be
cmpbyed.
Aspen Arra Canmurtity Plan Public Process 116 I
•Assurrrptiwr:
Crmm~ws TV u~B pcasadc
v8 radro ren~irr8 oral cdi0ng
rcrviar fw rbc mcdingr. DW wII
wordinaoe airJt 6arrvotr TV
rsgvrding thr Iogirtia far filming
acrd nrr'glr in rvids Staff reptrdirrg
nc~ rdisins. In addinon la airing
pl I.IlYrcrnotc TV, rlrr rrrMdrl~
udB br Mcatdntrt on thr prgrn
nabrite.
PS1-971.doc Page 25
Option 3:.~1 dvartrrd F'otletg (::rpaMlities: Additional capahili-
ties for public engagement beyond simple voting to show
groupings of rcspvnsrs could lx provided thtottgh additional
visioning activities developed and conducted by Foresee.
1'hc auintde survey mganling the vision and values could he
devised into goals and spatial objectives linked to Ciry, and
County maps.
In the Latgc Group ntmings Svc will build upon the pohry
and visions sntements m the 2000 MCP, the updated Existing
Conditions Reports, and the Snell Group rrtectings by.
• Providing an abbtcriatcd synopsis vCthe ptrvivtrs pvl
icy.wuion statements and Fxistittg Conditions Rrpon in
the invitation and pre-meeting material to start to create
an awareness
• Ux visual graphics to present a synopsis of the policy/
vision statements and Existing Conditions Report
• Create a "gatrte show° involving questions from rho
Existing Condition Report at the [atge Croup meeting
to engagr people in the findings
• Ask participants to respond to policy/vision statements
by dncribing what those sgtcmcnts mnn to thcnt
petaottally
• F.ttgaging in priority tanking exercises hke. "Which
would f choose iC l could only choose one...." that
will help to illustrate the balance bctwrcn choices for
exh group. The voting devices could 6e trscd for the
exercise
We intend to engage all the target groups identdtcd in
pre~~ous tasks in this meeting to cvdimt the ¢ttpvriance
oC involvement of the entire counnttnity in decision mak
ittg. Special accommodation to accomplish this include
all presentat"ton materials provided in Spanish and Design
Workshop [cant tnnslaton in attendance to assist with
lutgtsage difFerence.
[)csign Workahap will Icad the prcxnution and ftcilitation
of the meeting. Staff will as:ist with the break-out xcssiona
ficil itat ion.
PS 1-971.doc Page 26
PHASF. V - `t'ime Frame: September 200x3 through March 2009 (DW. S,
COMMUNITY L•MPG)
PLAN DOCUMENT
CR EA'1'IUN This doctnnent u intended for rue by elected oAicials,
appointed E3oards and Commissions, City and County
Staff, and the general pd>lic. "Phis diversr audience will be
comidetrd in the lotmat as well as thr style of writing and
content. This document is utddcc any pmvious documntt
in that it is three dunensiotsal and web baxd. It will have
links incorporated that will allow people to see video clips of
debates, Small (~rcxtp meetings and intercept interviews. Tltc
docutncut urill cuutain Gve liuks w rrtr[Bnce infornution
witlnn the doruntrm and tin the ~r,•b.
Task 5.1 Daft Writing (DW, S, EMPC)
I'iux: Frame: Novcunlx:r 2l)tNt tltrouyh mid Marc:6 2009
A ponion of the AACP documen[ wt71 be developed
cottRtrrendy with the previous tasks in order to induce the
duration of th< schcdttk. llraft writing and geurral for-
ntattinq tasks tlnt can kx completed prior to receiving the
outcome of the public facilitation meetings will begin as
soon as reasonable as shown in the included scfxdule.
'1'hc dcxrtrncnt creation ctsllalxtration process with Staff is
anricipated to be iterative and nolving. We have included
a deft outline for the document below for two purposes.
One is for Stag to ttse as a staniuu }with in de~rloping a
draft oudine. Second u to assist in the explanation of how
the 21xx1 AACP and the Exiting Conditions Rcr[stsn vtill he
utdtzed m thu update.
1. Aeknowledgtttents
II. Table of Contents
1[l. Executive Stunntary
a. What is the Purpose of this Plan?
b. Why Update the 2000 Plan?
c. How w:u the Ulx}atr. Croat.-d?
d. QG'hat i New in this Update? (reference the Exiuinq
Cottditusns Rcpcsrt and puhlir inpu[ proccxs)
c. Sturmtary of'I'opics
!V. History of the Plan
a. 1993 Cotnmuniry Vision
b. 20011 UpdatC
c. Impetus fuc the 2008 Platt
V. Vision for the Aspen Arcs
Aspen Area Community Plan Public Ptvicess
18 I
Ddivertsbltts:
Interim reviewdocttmerrtswiA
be provided in MicrosohWord
or Pt]F format
PS 1-971.doc Page 27
V I. Poli~irs & Vision S[au~ntcnts {updated from 2000 6axd
on public inptn):
Crowth Mlanagernent
Affordable Housing
Ttaasportation
Historic Pttxervation
Eiconomic Sustainabiliry
Environmental Sustaimb0ity
Parks and Open Spxe
Sustaining the Lifelong Aspenite
Design Qttaliry
Sustaining the Aspen Idea
Governance
Appendices:
F.cisting Conditions R~yxut
Community Involvement Process Sttrttmary
Cotrvnuniry Survey results
Latgc Gtcntp A~{crting voting results
Task 5.2 Check-ins with t6v City and County (5, Deliverables:
1)~tp) Design Workshop will prepare
roing
l~rtnc Fnmr.: (ht} meterialslhend-otrts,paekots,
, agenda and power poim) in
draft form for Staff to refine
I n order to gain insight and support for the particip~atioo and format. Stall and OW will
proms: and the final plan document, eight meetings will be preVlde joint praSentat10n5
conducted with [be City!County throughout the A.9CP to tho city and eourtry
I_ipdate process. The intent is to provide updates on the groups. Staff will summariro
project process and findings and allow for discussion of the meetings and provide
broad policy gerals. 'T'here will check-ut meetings to the joint recommendations on how
groups of: the inputlrom these meetings
should be addressed.
I. Planning and'Loning Connnissiom, City Council, and
the Board of County Commissioners
2. Reprcxn[atives from the City and Caunry Cottnnuniry •.~lsn.nepeun:
AQ ramrmlh M,ut lK rcaiard
Devdopmrnt Departments, u well u Ciry and County wt/r J l/d/nmvM Jf tlrm urdrs df
Mlanal,~ets and.'or 1Jepamnent 1 leads oCrelevant lead hrne all.+urd fv e6"rs pri~~ w
deparlmeu[s the fvu+! d,Jfi daumrnt subrRiaut.
These meetings will nke plxe at project milestones to
aceomplisb the following objectives:
• October 200!3: At this point Phase I will be complete
and Phase II and I II wiU fw at a midpoint. A brisling
of ehs deliverables of Tasks 1.1 1.6 will be provided
and a prcaentatioa of the Phase II and Phase III pro{;rrss.
• December 2008: Completion ofPhax II and Ill: A
brid'mg of the deliverables oC Phax II and 111 will be
l9 I
PS i -971.doc Page 28
pre>viclcd and we will pmvidc an upclatc on the synthesis
of what was leased in the initial public rngagement and
sntaU group meetings. Phax IV- Large Group Meeting
strategies will lx discussed. The AACP draEi outline will
kre prexntcd giving sortn~ indication of tltc typs-s of aElir-
rrotion of iswes we ttdl be looking for from the broader
corrtmunity at the large group meetings.
• Febrwry 2009: Cotrrplerion of Phax 1V: The meeting
restdts will be pretented and a draft of the AACP plan
will Lx provided for cunutxnt.
Task ~.3 Final Draftl AACP Documont (S, DW) Deliverable:
Tune Frame: I~luch 2009 Electronic PDFAACP
documern
f he comments regarding the Dnfr Document tiom the
groups listed in'Cask 5.2 check-in meetings will be collected
1'Y Staff and summarixd to provide Design Workshop with
rcconnncndatioru for rcttisiona.
PI IASE VI - PLAN Time Frame: April 2009
APPROVAI. PRt)C(:Sti
Staff wiU pmvidc the Final Draft AACP Doaurnen[ to the
decision makers in advance of a joint public hearing. It is
anticipated that both the Board of County Commissioners
and the Ciry Council will each pau their own newlutions
ulopting the Agin Area Commwtity Plan.
'T'ask 6.1 Joint Public Hearing (DW, S)
One joint ptthlic hearing will he held lx(orc the City
Council and BoartC ofC:oumy Connnissionrn. The Dcsigrt
Workshop Tram will present the document in itx final form.
Additional meetings wt71 lxx provided as additio~nl services
'Task 6.2 Draft Re:wlutiun (EMIa(:, S)
F.MPG w•dl work with Staff and dra$ nvo resolutions for
comidention by both the Gty Coutuil and the Board of
County C:orrunissioncra.
Task 6.3 Final Plan Dratted (DW, S)
Staff trill provide a document identifying the tninor
changes directed by the City Council and Board of County
Commissiorers that should he incorporated in the plan.
Design W'odcshop anticipates twenty sic (2ti) bouts Cor
document and gnphics retisious.
Aspen Arta Cwmm~ttity Plan Public Proress 20
DelivtseaWrse:
• Final Drah DocumeMin
PDF and Adobe Program
format
• Power Point Presentation
summarizing the
document
PS 1-971.doc Page 29
PHASE V1I: PLAN 'l'imc Frarrxe: April 30t><) Ddivsrttdas:
SIiARI!VG Web pol document
'The rtscsin plan will impletneat the broadcastwg of the Paul +,~ssumpriarts: Duper rrproduc-
docrunent availability. The final plan will be provided on the lions frn di_uribntion uTll be
project websitc ana the City/Coanty website w PDF format protdded by rfte City/(.:aunty.
appropriate for web viewing. Advertisement of the Einal plan
will occur in local newspapers, television stations, and radio.
Paper topics will be nude available to local libraries, city
hall. etc. for those who do aot have iatemet access.
2t I
PS 1-971.doc Page 30
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We see no reason to deviate from the schedule outlined in
the RFP.The timing of events and activities occur at appro-
priatetimes and durations. We provide the following chart
to clarify our proposed time frames for tasks.
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PS 1-971.doc Page 31
EXHIBIT "B" to Professional Services Agreement Rate Schedule
Task Fee
PHASE I: Data Collsdion and Project
Startup Total $64,700
Task 1.1 Project Kickoff Mee[in $5,700
Task 1.2 Protect Mana ernent $10,800
Task 1.3 Data Collection and
Communications Plan $7,700
Task 1.4 Media and Advertisement Plan 55,000
Task 1.5 Project Brandin $8,000
Task 1.6 Website Development 527,500
Phase II: Community Outreach Initiation Total $27,700
Task 2.1 Intercept Interviews 512,100
Task 2.2 Speaker Series 511,500
Task 2.3 Questionnaire Development $4,100
Phsss 111: Small Group Meetings Total $38,200
Task 3.1 Small Group Meetings 531,500
Task 3.2 Small Group Meeting
Synthesis $6,700
Phase IV: Large Group Meetings $18,400
PhsseV: Commun' Plan Document Total $34,900
Task 5.1 Draft Writin 519,700
Task 5.2 Chedt•ins with the CitylCounty $5,700
Task 5.3 Final Draft Write-up $9,500
PhaseVl: Plan Approval Process Total 57,500
Task 6.1 Joint Public Hearin Sl ~NH)
Task 6.2 Draft Resolution 5700
Task 6.3 Final Plan Drafted SI.900
PhaseVll: Plan Shari Total S600
TOTAL BASE FEE $192,000
Estimated Reimbursable Expenses 520.000
Media and Meeting Space Estimated
Expenses ~~x n(x>
TOTAL FEE 5250,000
:1:pen Area (:ommuriry Plan ILllic Proress 26 I
PS1-971.doc Page 32
Reimbersable Expenses Estimate
Fees Estimate
Printing Internal consultant use and communication with the
client $4,000
Meeting exhibit boards $4,000
Travel/Meals/
Lodging EMPG: 5 trips
Venturoni: 1 trip
4C: 2 trips
OZ: 5 trips $11,500
TOTAL $20,000
TRAVEL GtiPENSES
DVIV and PW are located within Aspen and wilt not incur travel expenses f'or meetings
wiihin the City. Attendance of meetings down-valley may incur minimal travel expenses.
Travel expenses to mcetn~gs will be incurred by EMPG, OZ, Venturoni, and 4C at the ap-
proximate rate per trip of:
Swnmcr trips $G50 approx.
Winttx trips 51.0(!0 approx.
RIi1A4I3i.iRS~~I3I.E f:\T'F.NSFS
lieimbucsable lsspeuses ace iu addition to compecuation for Basic Services. ILeimbursab1r expenses incurred by Design
Workshop and consultants directly [elated to the project such as, but not limited to, travel, pho[ography, telephone charges,
video conference charges, and printing expenses shall be billed at Design Workshop's cost plus 159'0. 'I~he reimbursable
expenses for this pmject ace not anticipated to exceed $20,(100.
Media and Meeting Estimated Expenses
Fees Estimate
Radio- KSNO 60 radio spots $500
Newspaper 50 advertisements and a special insert $15,000
Grassroots 4 hours of filming and 3 hours of editing for the inter- $5,600
cept interviews
8 hours of filming with light/sound and multiple cam-
eras for the large group meeting,
10 hours of work on digital graphics, and
25 hours of editing for the large meeting.
Space rental for large 2 large group meetings $10,000
public meetin s
TOTAL 538,000
i a9 i DESIGNV40RKS~IOP
PS1-971.doc Page 33
Recommended Addifional Services
Task Supplemental Fees
Estimated
Task 1.6 Website Development
Interactive Maps $2,000
Task 2.3 Public Survey $15,000
Task 2.3 Public Survey- Phone Interviews $6,000
Phase IV: Large Group Meetings
Option 2: Intermediate Voting Capabilities $4,000
Option 3: Advanced Votin Capabilities $14,000
TOTAL $27,000 to $37,000
Aspen Area Ccxnmuruty Plan Public Process 130 I
PS 1-971.doc Page 34
Additional time requested by the Client beyond those specified in this scope
will be incurred at the following rates;
Consultant Hourly Rate
DW Principal-In-Char a $175
DW Project Mana er $110
DW Project Planner/AssistanUGraphic Design $75-100
DW Intern $55-75
DW GIS Specialist $110
EMPG $150
Venturoni Survey $150
4C $100
OZ $155
PW $70-160
Additional c~pcngeg may he incurred from Weh-hosting and maintenance more than one year in duration.
:\ project that ercccds the proposed schedule may incur additional e:tpcns~s for 1'rojcct :4fanagcmcnt.
1311
PS1-971.doc Page 35
Attachment A
Contract Provisions
1. All fees, commissions, and expenses billed shall be due within thirty (30) days of the date of billing. Interest on
unpaid or late bills shall accrue at 1 3/4 percent interest per month (21.0% A.P.R.). In the event of non-payment, such
unpaid amounts shall constitute and become a lien upon the property for which professional services are being
performed or completed. Design Workshop may, at its discretion, assert its right to file and foreclose upon such lien,
in addition to pursuing any other remedies permitted by law. Client agrees that all statements not objected to in
writing within thirty (30) days of receipt are agreed to be final and binding upon the parties as to the amounts due, the
adequacy of Design Workshop's performance, and the value of the services provided to Client.
2. When any invoice is outstanding and unpaid thirty (30) days after the date of billing, Design Workshop may, at its
discretion, stop work on the project. In addition, when any invoice is outstanding and unpaid ninety (90) days after
the date of billing, Design Workshop may withdraw from any governmental agency review process any applications,
drawings, submittals or other project documents reflecting Design Workshop's services. No notice of Design
Workshop's intent to stop work or to withdraw from any governmental review process shall be required. Client
forever releases, discharges and holds Design Workshop harmless from any and all liability arising out of Design
Workshop's withdrawal of any applications, drawings, submittals or other project documents. Client shall fully
indemnify, defend, and hold harmless Design Workshop against any and all claims for liability asserted by any project
participant for any action taken by Design Workshop under this paragraph.
If the project is suspended or abandoned, in whole or in part, for a period of ni
instruction by Client to Design Workshop to suspend activity on the project, Design
for all services performed together with all reimbursable expenses due and tl
terminated. If the project is resumed after such suspension, the Agreement betw~
shall be renegotiated prior to resumption of services by Design Workshop. Such re
remobilization costs incurred by Design Workshop. In the event that this Agre
suspension or abandonment of the project, Client shall make full payment to DW fo
within 30 days of receipt of a final invoice from DW. For purposes of this Agre
"abandonment" shall mean substantial discontinuance of labor, services, and expen
written instruction by Client to suspend substantially all project activities.
4. Design Workshop reserves the right to rai
such increases, however, will not result i
services are being provided on a time and
5. Drawings and specifications, including tho;
Service for use solely with respect to this
Instruments of Service and shall retain all c
be
upon
Client and Design Workshop
otiation shall include a fee for
ent is terminated due to the
compensation due hereunder
:nt, the term "suspension" or
for a ninety (90) day period or
se hourly rates at its own discretion during the course of this project. Any
~ an increase in the total fees identified in this proposal unless specific
materials basis.
;e in electronic form, prepared by Design Workshop are the Instruments of
project. Design Workshop shall be deemed the author and owner of their
;ommon law, statutory, and other rights, including copyrights.
Design Workshop grants the Client a nonexclusive license to reproduce Design Workshop's Instruments of Service
solely for the purposes of constructing, using and maintaining this project, provided that Client shall comply with all
obligations, including prompt payment of all sums when due, under this Agreement. The Client shall be permitted to
retain copies, including reproducible copies of drawings and specifications for information and reference in
connection with the Client's use and occupancy of the project. The Client shall be permitted to authorize its
contractors, subcontractors and material suppliers to reproduce applicable portions of the Instruments of Service
appropriate to and for use in the execution of this project. The drawings and specifications shall not be used by the
Client on another project ,except by agreement in writing between Design Workshop and Client.
Any unauthorized use of the Instruments of Service without Design Workshop's consent shall be at the Client's sole
risk and without liability to Design Workshop. The Client shall indemnify and hold harmless Design Workshop, and
Design Workshop's subconsultants from and against claims, damages, losses and expenses, including, but not
limited to payment of attorney's fees, arising out of unauthorized use of the Instruments of Service that are part of
this project.
Design Workshop shall not be responsible or liable for any direct, actual or consequential damages which occur as
the result of its inability to produce the Instruments of Service by reason of the casualty, destruction or loss of
documents that occurs through no fault of Design Workshop.
Should the project be published in a book, magazine, newspaper, or publication for public circulation, or if a job sign
is erected, Design Workshop should be listed as the planner/landscape architect. In addition, this Agreement
represents non-exclusive approval by the Client for publication and award submissions of the project by Design
Workshop.
DESIGNI~'UI~h~II01' (Turn Page)
7. The parties agree not to solicit for employment any employee of the other with whom the parties have had contact as
a result of this Agreement, while the candidate is employed by the other party, and for twelve (12) months following
termination of such employment, unless specifically agreed to in writing.
8. In the event of a default of any provision of this Agreement, after ten (10) days notice to cure is delivered, this
Agreement may be deemed terminated by the non-defaulting party. For purpose hereof, any failure to pay sums due
in accordance with Paragraph 1 shall be deemed default. Either party may terminate this Agreement for convenience
and without cause upon thirty (30) days written notice by either party. If Client terminates this Agreement for
convenience, DW shall be compensated for Services performed prior to termination, together with reimbursable
expenses then due.
9. Design Workshop and Client waive consequential damages for claims, disputes or other matters in question arising
out of or relating to the Agreement. This mutual waiver is applicable, without limitation, to all consequential damages
due to either party's termination in accordgnce with Paragraph 8.
10. All notices and other communications that are required or permitted to be given to the parties under this Agreement
shall be sufficient in all respects if given in writing and delivered in person, by electronic mail, by telecopy, by
overnight courier, or by certified mail, postage prepaid, return receipt requested, to the receiving party at the following
address:
If to DW: Design Workshop, Inc.
Attention:
Telephone:
Facsimile:
If to Client
11.
12.
13.
13.
14
or to such other address as
be deemed given on the d;
delivery or refusal date, as
case of overnight courier.
Given to the other by notice pursuant to this Section. Notice shall
case of personal delivery, electronic mail, or telecopy, or on the
receipt in the case of certified mail or on the tracking report in the
nt is for any reason held invalid or unenforceable, such provision shall be deemed
validity of the remaining portions herein.
be binding upon the parties, their partners, successors, assigns, and legal representatives.
this Agreement without the consent of DW.
may be amended or modified only by written instrument executed by both parties.
This Agreement (together with the attached Exhibits, which are incorporated herein by this reference) constitutes the
entire agreement between the parties and supersedes prior understandings, written or oral. No waiver under this
Agreement shall be valid unless it is given in writing and duly executed by the party to be charged therewith.
This Agreement shall be governed by the Laws of the State of Colorado. The parties agree that venue for any dispute
between them arising out of or relating to this Agreement shall be in the City and County of Denver, State of
Colorado.
15. In construing this Agreement, (i) the singular includes the plural and vice versa, (ii) reference to any document means
such document as amended from time to time, (iii) "include" or "including" means including without limiting the
generality of any description preceding such term, (iv) the word "or" is not exclusive, and (v) references to this
Agreement or Sections or paragraphs of this Agreement refer to this entire Agreement including all exhibits,
schedules, and Addendum attached hereto, as the same may be amended from time to time.
Other conditions
(Insert additions and modifications to the Standard Contract Provisions.)
DESIGNWORKSHOP