HomeMy WebLinkAboutresolution.council.052-04 RESOLUTION NO. ~ Series of 2004
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
APPROVING A CONTRACT FOR CONSULTING SERVICES FOR THE ASPEN
RECREATION DIVISION BUSINESS PLAN, BETWEEN THE CITy OF ASPEN
AND PROS CONSULTING, LLC, AND AUTHORIZING THE MAYOR OR CITY
MANAGER TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF
ASPEN, COLORADO.
WHEREAS, there has been submitted to the City Council a Contract for
consulting services for the Aspen Recreation Division Business Plan, between the City of
Aspen and Pros Consulting, LLC, a tree and accurate copy of which is attached hereto as
Exhibit "A";
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF ASPEN, COLORADO:
That the City Council of the City of Aspen hereby approves that Contract for
consulting services for the Aspen Recreation Division Business Plan, between the City of
Aspen and Pros Consulting, LLC, a copy of which is annexed hereto and incorporated
herein, and does hereby authorize the Mayor or City Manager to execute said agreement
on behalf of the City of Aspen.
INTRODUCED, READ AND ADOPTED by the City Council of the City of
'5
Aspen on the i/'/ day of 04.
ay r--
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 on the day her~einabove stated.
Kathryn S. K~c,~h, City Clerk
TLO- saved: 6/8/2004-256-G:\tara~ResoskPros Consulting.doc
AGREEM~ENT FOR PROFESSIONAL SERVICES
This Agreement made and entered on the date hereinafter stated, between the CITY OF
ASPEN, Colorado, ("City") and PRO'S Consnltin~ LLC , ("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 Extfibit "A" attached hereto and by th/s reference incorporated
herein.
2. Completion. Professional shall commence work immediately upon receipt of a
written Notice to Proceed fi:om 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 12 weeks from the receipt of the Notice to Proceed. Upon request of the
City, Professional shall submit, for the City's approval, a schedule for_ ~e_gerfo.rm.an.~ce_ ._of
Professional's services which shall be adjusted as required as the project proceeds, and which shall
include allowances for periods of time reqm'red 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. Pas~nent. In consideration of the work performed, City shall pay Professional a not
to exceed fee for work performed. The hourly rates for work performed by Professional shill not
exceed those hourly rates set forth at Exhibit "A" appended hereto. Except as otherwise mutually
agreed'to by the parties the payments made to Professional shall not initially exceed $53~080.00
(Fif~. Three Thousdand Eighty Dollars and No Cents . Professional shall submit, in timely
fashion, invoices for work performed. The City shall review such invoices and, if they are
considered incorrect or untimely, the City shall review the matter with Professional with/n ten days
fi:om receipt of the Professional's bill.
4: Non-Assignabili-ty. 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, om/ssions 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 maybe due to any sub-contractor.
PS1-971.doc Page 1
term/nation. Upon any termination, all finished or unfirfished documents, data, studi, es, surveys,
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-off until 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, giiSs 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, th~ .e.~p!oy_ee, ~ag~m
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 cbnnection 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 performance 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, fi:om and against all liability, claims, and
demands, on account of injury, loss, or damage, including without limitation claims arising fi:om
bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of
any kind whatsoever, wh/ch arise out of or are in any manner connected with this contract, if such
injury, loss, or dama~ caused in whole or in part by, or is claimed t~e caused in whole or in
part by, ff/eAac ,~ormssmn, error, professional error, mistake, ~ or other fatdt 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
PS1-971.doc Page 2
defense costs incurred by the City in connection with, any such liability, claims, or demands. If it is
determined by the final judgment of a court-of competent jurisdiction that such injury, loss, or
damage was caused 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.~h¢. P~:ofessional pursuam~_to Section. 8 above..In, the c._as~, of any.cla_ims.-~
made' policy, the necessary retroactive dates and extended reporting periods shall be procured to
maintain such continuous coverage.
O) V~orkers' 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
($500,000.00) disease - each employee. Evidence of qualified self-insured status may be substituted
for the Workers' Compensation requirements of this paragraph.
(ii) Commercial General Liability insurance with minimum combined single
limits of ONE MT[JLION DOLLARS ($i,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 l/m/ts 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, h/red 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
PS1-971.doc Page 3
requirements of this Section shall be met by each employee of the Professional providing
services'to the City under this contract.
(iv) Professional Liability
MIl,LION DOLLARS ($1,000,000)
($1,000,000) aggregate.
insurance with the minimum limits of ONE
each claim and ONE MILLION DOLLARS
(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
insurance, 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, condi-
tions, and minimum limits are in full force and effect, and shall be reviewed and approved by the
...... Cityprior~to_commencement~oflke cr)ntract._ Nr). other form of ce_rtificate sh_allh~ ~u~d~
cate 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 fi:om 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. Ci _ty'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 Departmerit and are available to Professional for inspection during normal business hours.
City makes no representations whatsoever with respect to specific coverages offered by CIRSA.
P S 1-971. doc Page 4
City shall provide Professional reasonable notice of any changes in its membership or participation
in CIRSA.
' 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 are 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 remm receipt
requested, to:
City: Steve Barwick
City Manager
City of Aspen
130 South Galena Street
Aspen, Colorado 81611
Professional: Leon Younger
PRO'S Consulting LLC
5525 GeOrgetown Road, Suite L
Indianapolis, Indiana 46254
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 Citfs' 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 regard 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 City. This agreemem shall be binding upon all parties
hereto and their respective heirs, executors, administrators, successors, and assigns. Notwith-
standing 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. General Terms.
PS1-971.doc Page 5
(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 instnnuent 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 are 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
fi:om time to time in effect.
IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly
...... authorized officials,-tbJs Agreement in three copies each of which shall be_deemed ~a_n origirl_al..p~n
the date hereinafter written.
[SIGNATURES ON FOLLOWING PAGE]
ATTESTED BY:
-/
CITY OF ASPEN, COLORADO:
PS1-971.doc Page 6
WITNESSED BY:
PROFESSIONAL:
By:
PS1-971.doc Page 7
CITY OF ASPEN
OPERA TIONS AUDIT, COST AN.4 L YSIS, AND BUSINESS
PLAN
ASPEN RECREATION DIVISION
Scope of Services: Define a management approach for financial sustainability as well as
assisting the City of Aspen to further broaden its user base in Recreation Facilities and
Programming. These recommendations should consider direction and policy from the
Aspen City Council as well as Community NeedS as they relate to scheduling, pricing,
and general operations.
Based Upon a site visit to Aspen and the City of Aspen Recreation Division of the
Parks & Recreation Department information will be obtained as to the demographics of
Aspen and the Roaring Fork Valley, identify factors, issues and concerns regarding the
Recreation Division that need to be addressed, changed, altered or improved to increase
the general appeal, operational efficiency, pUblic use and financial integrity of the
programs and facilities. The primary focus of study will be to determine if the current
~pm foi'ma-(~:~iJeiiditures 'vs: revermes) for f~cilities and progran~s are realistic an&/or·
factors impacting the ability or inability to affectively obtain the financial goals of the
division.
Review background information regarding the inception of the ARC with the
following considerations:
a. Identify Facility constraints and parameters: Items in this area should
consider the reasoning behind the construction of the Aspen Recreation
Center, objectives and expectations, and outside impacts and
considerations as to operational laarameters.
a. Were projections of daily patrons realistic?
b. Revised daily projections
c. Is the price structure commensurate with Valley Pricing and
Competitors? Provide broad sample of costs and prices of
comparable facilities across Colorado and on a National basis
where applicable (i.e. Ice Usage).
d. Was the Market accurately identified?
e. What is the market? Identify competition -'facilities and price -
and generally define unfilled niches.
f. Facility priorities associated with SPARC agreement.
g. Is staff operating the Facility in an efficient manner given the
objectives identified by City Council, City Management and the
ARC Advisory Committee?
Be
Review Division structure/resources/policies: Subjects in this area should be
examined as to the potential for achieving budgetary goals as well as operational
goals (i. e. programming and guest services,).
a. Marketing and Promotional programs, schedules,
and resources.
· Web Site review
· Contact processes-where could additional
time and energy be productive in securing
promotional and advertising possibilities.
b. Policies and Procedures
c. Staffing Plan
d. Maintenance Plan
e. Fee Structure (facilities and programming)
· Benefit Pricing
Group Pricing and Sales
· Partnerships
f. Operating Budget(s)
......... ~ Exp~nclitures
· Revenues
g. Effectiveness of Facility(s) prOgramming
h. Effectiveness of Facility(s) Control
i. Coordination w/th the Aspen Youth Center (the
AYC is an independently owned and operated non-
profit facility w/thin the premises of the ARC).
j. Accommodating the Aspen Tour/st.
Assessment of Facility(s) physical conditiOn and functionality: ASSess the
facility(s) capacity to effectively deliver services given the current layout, staffing,
policies, and pricing.
a. Supervision and Control
b. Image and Appeal
c. Safety and Security
d. Maintenance Concerns
e. Potential Facility(s) alterations/changes/expansions (how would these
impact revenues and expenditures)
f. Equipment and Operating Systems
g. Long Range facility(s) goals
h. Effective use of Software systems, and integration with City Financi~tl
Systems.
2
Review existing recreation services and programs: Topics in this section
should identify realistic expectations as to numbers of users and revenues
generated by using community guidelines and demographics.
a. Participation Numbers
b. Revenue Figures
c. Fees & Charges
d. Demand for services/facilities
e. Food Service' and lease review, current and recommended.
f. How does the Youth Center (the AYC is an independently owned and
operated Non-Profit facility within thepremises of the ARC) fit into the
ARC operations?
g. Provisions for the Aspen Guest.
h. New target profit centers to include partnerships and/or sponsorship
opportunities.
EJ
local cost of living, identify the levels at which each of these areas should
reasonably be expected to meet
Review Facility(s) Budget: Based upon the Demographics of Aspen and the
a. Expenditures
b. Revenues
c. Fees & Charges
d. review existing staffing levels
· Organizational flow chart
· Job Functions
· Salary levels/hourly wage scales
· Training
· Temp Labor
e. Document findings in a detailed "Action Matrix". Tie these findings to
the Marketing Plan.
Marketing: This area should consider the budgetary expectations of the
Recreate'on Division, and tie them to the Marketing Plan and other Promotional
Tools and how they should effectively be coordinated to achieve the financial,
customer service, and community goals.
a. Marketing Plan assessment
b. Promotional tools
c. Sponsorships/partnerships
d. Customer Service
e. Group packages
f. Local packages
g. Non-Profit packages
h. Website review and recommendation
Determine Possibilities for Facility(s) Expansion: This area should look at the
potential for future expansion and tie them to the budgetary impacts and how they
may effectively assist the City in'obtaining maximum revenue generation from
facilities (Cost benefiO.
a. Identify if any expansions are wan'anted, short term and long term.
b. 'Determine specific expansion priorities
· Develop a program plan
· Identify the Target group
c. Determine operational implications of an expansion
· Increased cost of operations
· Increased revenue projections
d. Prioritize the expansion possibilities in such a way that the plan identifies
the "biggest bang for the buck", or highest return on investment.
Cost of Service Analysis: 'This area will look at all aspects of operations within
the Recreation Diw~s~on and provide the following:
a. Data Collection
b. Costing breakdown (into applicable units according to program and/or
facility).
c. Development of Cost of Service Model and appropriate tools for exploring
these services in the future.
d. Produce a "Cost of Service Model" that may be applied to any program
and/or facility and its operations.
e. Assist in identifying the subsidy levels of major programs and facilities.
Survey Mechanism: A "Statistically Valid" survey will be implemented as part
of this scope. The goal of this survey will be:
· .Obtain information from current users as to need, interests,
and concerns regarding operational components and
facility(s) design.
· Obtain information from non-users as to why, what needs
to happen to meet their needs, and outside factors affecting
their decision not to use programs and facilities.
· Obtain information from the Aspen Guest as to their needs,
knowledge, and comments as to Aspen Recreational
Facilities and Programs.
4
Prepare a written report with the following recommendations: This report
should be a comprehensive analysis of current operations based upon Community
Goals and existing and proposed outside competition from Health Clubs, hotels,
Private Clubs and other outdoor oriented community recreation amenities (trails,
skiing, fishing, river sports, etc).from Aspen to Glenwood Springs. The report
shouM include: A comparison of usage numbers, expenditures and revenues and
how they tie into Pricing, Programming, and current Marketing Strategies. It
should identify target market and seasonal niches. ,Potential expansion
possibilities and the impacts upon Budget and Community Goals should also be
identified. The effectiveness given current operations of achieving operational
gOals including Maintenance and infrastructure of the Recreation Division. This
document will serve as a living management tool for future City decisions.
a. Program and service alterations or changes
b. Operations (budget, fees, staff) adjustments or enhancements
c. Marketing strategy, customer service
d. Maintenance/safety/securitY changes or upgrades
e. Facility(s) Potential for expansions (short and long term)
f. Potential Expansion of partnerships with the Aspen Youth Center
...... g. ~ ~P~r~s~nt~d i~n"~'M~tr~ by maj'or' 0~g~i~.ati0i~ ~6ti6h~//rid-pri6fifizecl as t0 ...........
their criticality with a proposed action plan.
h. Documents the assessments, reviews, findings, and recommendation of the
project team.
· Identifies key issues, concerns, and problem areas.
i. Report briefings
Schedule:
No less than Eight (8) days will be spent by the team, in Aspen working with the
City of Aspen staff, the ARC Advisory Committee, focus groups, and the citizens
of Aspen. Additional trips to Aspen will be charged out at a rate of $180/hr. for
Principals of PRO's plus travel expenses. This rate per visit will extend for a
period of one year should the City of Aspen choose.to retain the services of
PRO's for the purpose of evaluation of tOols and policies implemented due to this
contract.
PRO's will complete the "Scope of Services" over a 12 week period from the date
of"Notice to Proceed" from the City of Aspen in writing.
5
A. Fees:
Kick-off Meeting $ 2,140
A. Review of Background $ 3,200
B Faciltiy'Structure ' $ 3,300
C. Assessment of Center's Physical Condition and Functionality $ 2,140
D. R~view Of Existing Recreation Services and PrOgram's $ 7,700
E. Review of Facility Budget $ 2,880
F. Marketing Review $ 2,080
G. Facility Expansion $ 4,580
H Cost of Service Analysis . $ 5,540
I. Survey MeChanism $ 8,760
J. Final Report and .Briefing ' $ 10,760
Total Dollars $ 53,080
6