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HomeMy WebLinkAboutPROS Consulting - Recreation Facility and Program Needs Assessment (2019)CITY OF GILROY AGREEMENT FOR SERVICES (For contracts over $5,000 — CONSULTANT) This AGREEMENT made this 15t" day of August, 2019 between: CITY: City of Gilroy, having a principal place of business at 7351 Rosanna Street, Gilroy, California and CONSULTANT: PROS Consulting, having a principal place of business at 201 S. Capitol Avenue, Suite #505, Indianapolis, IN 46225 ARTICLE 1. TERM OF AGREEMENT This Agreement will become effective on August 15, 2019 and will continue in effect through unless terminated in accordance with the provisions of Article 7 of this Agreement. Any lapse in insurance coverage as required by Article 5, Section D of this Agreement shall terminate this Agreement regardless of any other provision stated herein. Initial LIV ARTICLE 2. INDEPENDENT CONSULTANT STATUS It is the express intention of the parties that CONSULTANT is an independent CONSULTANT and not an employee, agent, joint venture or partner of CITY. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between CITY and CONSULTANT or any employee or agent of CONSULTANT. Both parties acknowledge that CONSULTANT is not an employee for state or federal tax purposes. CONSULTANT shall not be entitled to any of the rights or benefits afforded to CITY' S employees, including, without limitation, disability or unemployment insurance, workers' compensation, medical insurance, sick leave, retirement benefits or any other employment benefits. CONSULTANT shall retain the right to perform services for others during the term of this Agreement. ARTICLE 3. SERVICES TO BE PERFORMED BY CONSULTANT A. Specific Services CONSULTANT agrees to: Perform the services as outlined in Exhibit "A" ("Specific Provisions") and Exhibit "B" ("Scope of Services"), within the time periods described in Exhibit "C" ("Milestone Schedule"). 4852-1781-62130 - 1 - CCHU104706083 B. Method of Performing Services CONSULTANT shall determine the method, details and means of performing the above - described services. CITY shall have no right to, and shall not, control the manner or determine the method of accomplishing CONSULTANT'S services. C. Employment of Assistants CONSULTANT may, at the CONSULTANT'S own expense, employ such assistants as CONSULTANT deems necessary to perform the services required of CONSULTANT by this Agreement, subject to the prohibition against assignment and subcontracting contained in Article 5 below. CITY may not control, direct, or supervise CONSULTANT'S assistants in the performance of those services. CONSULTANT assumes fall and sole responsibility for the payment of all compensation and expenses of these assistants and for all state and federal income tax, unemployment insurance, Social Security, disability insurance and other applicable withholding. D. Place of Work CONSULTANT shall perform the services required by this Agreement at any place or location and at such times as CONSULTANT shall determine is necessary to properly and timely perform CONSULTANT'S services. ARTICLE 4. COMPENSATION A. Consideration In consideration for the services to be performed by CONSULTANT, CITY agrees to pay CONSULTANT the amounts set forth in Exhibit "D" ("Payment Schedule"). In no event however shall the total compensation paid to CONSULTANT exceed 6q(6, (0f v B. Invoices CONSULTANT shall submit invoices for all services rendered. C. Payment Payment shall be due according to the payment schedule set forth in Exhibit "D". No payment will be made unless CONSULTANT has first provided City with a written receipt of invoice describing the work performed and any approved direct expenses (as provided for in Exhibit "A", Section IV) incurred during the preceding period. If CITY objects to all or any portion of any invoice, CITY shall notify CONSULTANT of the objection within thirty (30) days from receipt of the invoice, give reasons for the objection, and pay that portion of the invoice not in dispute. It shall not constitute a default or breach of this Agreement for CITY not to pay any invoiced amounts to which it has objected until the objection has been resolved by mutual agreement of the parties. 4852-1781-6213v1 - 2 - CCHU104706083 D. Expenses CONSULTANT shall be responsible for all costs and expenses incident to the performance of services for CITY, including but not limited to, all costs of equipment used or provided by CONSULTANT, all fees, fines, licenses, bonds or taxes required of or imposed against CONSULTANT and all other of CONSULTANT'S costs of doing business. CITY shall not be responsible for any expenses incurred by CONSULTANT in performing services for CITY, except for those expenses constituting "direct expenses" referenced on Exhibit "A." ARTICLES. OBLIGATIONS OF CONSULTANT A. Tools and Instrumentalities CONSULTANT shall supply all tools and instrumentalities required to perform the services under this Agreement at its sole cost and expense. CONSULTANT is not required to purchase or rent any tools, equipment or services from CITY. B. Workers' Compensation CONSULTANT agrees to provide workers' compensation insurance for CONSULTANT'S employees and agents and agrees to hold harmless, defend with counsel acceptable to CITY and indemnify CITY, its officers, representatives, agents and employees from and against any and all claims, suits, damages, costs, fees, demands, causes of action, losses, liabilities and expenses, including without limitation reasonable attorneys' fees, arising out of any injury, disability, or death of any of CONSULTANT'S employees. C. Indemnification of Liability, Duty to Defend As to all liability, to the fullest extent permitted by law, CONSULTANT shall defend, through counsel approved by CITY (which approval shall not be unreasonably withheld), indemnify and hold harmless CITY, its officers, representatives, agents and employees against any and all suits, damages, costs, fees, claims, demands, causes of action, losses, liabilities and expenses, including without limitation attorneys' fees, arising or resulting directly or indirectly from any act or omission of CONSULTANT or CONSULTANT'S assistants, employees or agents, including all claims relating to the injury or death of any person or damage to any property. D. Insurance In addition to any other obligations under this Agreement, CONSULTANT shall, at no cost to CITY, obtain and maintain throughout the term of this Agreement: (a) Commercial Liability Insurance on a per occurrence basis, including coverage for owned and non -owned automobiles, with a minimum combined single limit coverage of $1,000,000 per occurrence for all damages due to bodily injury, sickness or disease, or death to any person, and damage to property, including the loss of use thereof. As a condition precedent to CITY'S obligations under this Agreement, CONSULTANT shall furnish written evidence of such coverage (naming CITY, its officers and employees as additional insureds on the Comprehensive Liability insurance policy referred to in (a) immediately above via a specific endorsement) and requiring thirty (30) days written notice of policy lapse or cancellation, or of a material change in policy terms. 4852-1781-6213v1 - 3 - CCHU104706083 E. Assignment Notwithstanding any other provision of this Agreement, neither this Agreement nor any duties or obligations of CONSULTANT under this Agreement may be assigned or subcontracted by CONSULTANT without the prior written consent of CITY, which CITY may withhold in its sole and absolute discretion. F. State and Federal Taxes As CONSULTANT is not CITY'S employee, CONSULTANT shall be responsible for paying all required state and federal taxes. Without limiting the foregoing, CONSULTANT acknowledges and agrees that: • CITY will not withhold FICA (Social Security) from CONSULTANT'S payments; • CITY will not make state or federal unemployment insurance contributions on CONSULTANT'S behalf; • CITY will not withhold state or federal income tax from payment to CONSULTANT; • CITY will not make disability insurance contributions on behalf of CONSULTANT; • CITY will not obtain workers' compensation insurance on behalf of CONSULTANT. ARTICLE 6. OBLIGATIONS OF CITY A. Cooperation of City CITY agrees to respond to all reasonable requests of CONSULTANT and provide access, at reasonable times following receipt by CITY of reasonable notice, to all documents reasonably necessary to the performance of CONSULTANT'S duties under this Agreement. B. Assignment CITY may assign this Agreement or any duties or obligations thereunder to a successor governmental entity without the consent of CONSULTANT. Such assignment shall not release CONSULTANT from any of CONSULTANT'S duties or obligations under this Agreement. ARTICLE 7. TERMINATION OF AGREEMENT A. Sale of CONSULTANT's Business/ Death of CONSULTANT. CONSULTANT shall notify CITY of the proposed sale of CONSULTANT's business no later than thirty (30) days prior to any such sale. CITY shall have the option of terminating this Agreement within thirty (30) days after receiving such notice of sale. Any such CITY termination pursuant to this Article 7.A shall be in writing and sent to the address for notices to CONSULTANT set forth in Exhibit A, Subsection V.H., no later than thirty (30) days after CITY' receipt of such notice of sale. 4852-1781-62130 - 4 - CCH U104706083 If CONSULTANT is an individual, this Agreement shall be deemed automatically terminated upon death of CONSULTANT. B. Termination by City for Default of CONSULTANT Should CONSULTANT default in the performance of this Agreement or materially breach any of its provisions, CITY, at CITY'S option, may terminate this Agreement by giving written notification to CONSULTANT. For the purposes of this section, material breach of this Agreement shall include, but not be limited to the following: CONSULTANT'S failure to professionally and/or timely perform any of the services contemplated by this Agreement. 2. CONSULTANT'S breach of any of its representations, warranties or covenants contained in this Agreement. CONSULTANT shall be entitled to payment only for work completed in accordance with the terms of this Agreement through the date of the termination notice, as reasonably determined by CITY, provided that such payment shall not exceed the amounts set forth in this Agreement for the tasks described on Exhibit C" which have been fully, competently and timely rendered by CONSULTANT. Notwithstanding the foregoing, if CITY terminates this Agreement due to CONSULTANT'S default in the performance of this Agreement or material breach by CONSULTANT of any of its provisions, then in addition to any other rights and remedies CITY may have, CONSULTANT shall reimburse CITY, within ten (10) days after demand, for any and all costs and expenses incurred by CITY in order to complete the tasks constituting the scope of work as described in this Agreement, to the extent such costs and expenses exceed the amounts CITY would have been obligated to pay CONSULTANT for the performance of that task pursuant to this Agreement. C. Termination for Failure to Make Agreed -Upon Payments Should CITY fail to pay CONSULTANT all or any part of the compensation set forth in Article 4 of this Agreement on the date due, then if and only if such nonpayment constitutes a default under this Agreement, CONSULTANT, at the CONSULTANT'S option, may terminate this Agreement if such default is not remedied by CITY within thirty (30) days after demand for such payment is given by CONSULTANT to CITY. D. Transition after Termination Upon termination, CONSULTANT shall immediately stop work, unless cessation could potentially cause any damage or harm to person or property, in which case CONSULTANT shall cease such work as soon as it is safe to do so. CONSULTANT shall incur no further expenses in connection with this Agreement. CONSULTANT shall promptly deliver to CITY all work done toward completion of the services required hereunder, and shall act in such a manner as to facilitate any the assumption of CONSULTANT's duties by any new CONSULTANT hired by the CITY to complete such services. 4852-1781-6213v1 - 5 - CCHU104706083 ARTICLE 8. GENERAL PROVISIONS A. Amendment & Modification No amendments, modifications, alterations or changes to the terms of this Agreement shall be effective unless and until made in a writing signed by both parties hereto. B. Americans with Disabilities Act of 1990 Throughout the term of this Agreement, the CONSULTANT shall comply fully with all applicable provisions of the Americans with Disabilities Act of 1990 ("the Act") in its current form and as it may be amended from time to time. CONSULTANT shall also require such compliance of all sub-CONSULTANTs performing work under this Agreement, subject to the prohibition against assignment and subcontracting contained in Article 5 above. The CONSULTANT shall defend with counsel acceptable to CITY, indemnify and hold harmless the CITY OF GILROY, its officers, employees, agents and representatives from and against all suits, claims, demands, damages, costs, causes of action, losses, liabilities, expenses and fees, including without limitation reasonable attorneys' fees, that may arise out of any violations of the Act by the CONSULTANT, its sub -CONSULTANTS, or the officers, employees, agents or representatives of either. C. Attorneys' Fees If any action at law or in equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party will be entitled to reasonable attorneys' fees, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which that party may be entitled. D. Captions The captions and headings of the various sections, paragraphs and subparagraphs of the Agreement are for convenience only and shall not be considered nor referred to for resolving questions of interpretation. E. Compliance with Laws The CONSULTANT shall keep itself informed of all State and National laws and all municipal ordinances and regulations of the CITY which in any manner affect those engaged or employed in the work, or the materials used in the work, or which in any way affect the conduct of the work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. Without limiting the foregoing, CONSULTANT agrees to observe the provisions of the Municipal Code of the CITY OF GILROY, obligating every CONSULTANT or sub -CONSULTANT under a contract or subcontract to the CITY OF GILROY for public works or for goods or services to refrain from discriminatory employment or subcontracting practices on the basis of the race, color, sex, religious creed, national origin, ancestry of any employee, applicant for employment, or any potential sub -CONSULTANT. 4852-1781-6213v1 - 6 - CCHU104706083 F. Conflict of Interest CONSULTANT certifies that to the best of its knowledge, no CITY employee or office of any public agency interested in this Agreement has any pecuniary interest in the business of CONSULTANT and that no person associated with CONSULTANT has any interest that would constitute a conflict of interest in any manner or degree as to the execution or performance of this Agreement. G. Entire Agreement This Agreement supersedes any and all prior agreements, whether oral or written, between the parties hereto with respect to the rendering of services by CONSULTANT for CITY and contains all the covenants and agreements between the parties with respect to the rendering of such services in any manner whatsoever. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement or promise not contained in this Agreement shall be valid or binding. No other agreements or conversation with any officer, agent or employee of CITY prior to execution of this Agreement shall affect or modify any of the terms or obligations contained in any documents comprising this Agreement. Such other agreements or conversations shall be considered as unofficial information and in no way binding upon CITY. H. Governing Law and Venue This Agreement shall be governed by and construed in accordance with the laws of the State of California without regard to the conflict of laws provisions of any jurisdiction. The exclusive jurisdiction and venue with respect to any and all disputes arising hereunder shall be in state and federal courts located in Santa Clara County, California. I. Notices Any notice to be given hereunder by either party to the other may be effected either by personal delivery in writing or by mail, registered or certified, postage prepaid with return receipt requested. Mailed notices shall be addressed to the parties at the addresses appearing in Exhibit "A", Section V.H. but each party may change the address by written notice in accordance with this paragraph. Notices delivered personally will be deemed delivered as of actual receipt; mailed notices will be deemed delivered as of three (3) days after mailing. J. Partial Invalidity If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way. K. Time of the Essence All dates and times referred to in this Agreement are of the essence. 4852-1781-6213v1 - % - CCHU104706083 L. Waiver CONSULTANT agrees that waiver by CITY of any one or more of the conditions of performance under this Agreement shall not be construed as waiver(s) of any other condition of performance under this Agreement. Executed at Gilroy, California, on the date and year first above written. CONSULTANT: PROS Consulting By: 4-' . Name: !o u n air Title: __�, Social Security or Taxpayer Identification Number 36-\C,toa,%cja Approved as ' o Form t City Attorney CITY: CITY OF GILROY By: Name: Gabriel A. Gonzalez Title: Citv Administrator City Cleric �j 4852-1781-6213v1 - $ - CCHU104706083 EXHIBIT "A" SPECIFIC PROVISIONS I. PROJECT MANAGER CONSULTANT shall provide the services indicated on the attached Exhibit "B", Scope of Services ("Services"). (All exhibits referenced are incorporated herein by reference.) To accomplish that end, CONSULTANT agrees to assign Neelay Bhatt who will act in the capacity of Project Manager, and who will personally direct such Services. Except as may be specified elsewhere in this Agreement, CONSULTANT shall furnish all technical and professional services including labor, material, equipment, transportation, supervision and expertise to perform all operations necessary and required to complete the Services in accordance with the terms of this Agreement. II. NOTICE TO PROCEED/COMPLETION OF SERVICE A. NOTICE TO PROCEED CONSULTANT shall commence the Services upon delivery to CONSULTANT of a written "Notice to Proceed", which Notice to Proceed shall be in the form of a written communication from designated City contact person(s). Notice to Proceed may be in the form of e-mail, fax or letter authorizing commencement of the Services. For purposes of this Agreement, Maria De Leon, Recreation Department Director, shall be the designated City contact person(s). Notice to Proceed shall be deemed to have been delivered upon actual receipt by CONSULTANT or if otherwise delivered as provided in the Section V.H. ("Notices") of this Exhibit "A". B. COMPLETION OF SERVICES When CITY determines that CONSULTANT has completed all of the Services in accordance with the terms of this Agreement, CITY shall give CONSULTANT written Notice of Final Acceptance, and CONSULTANT shall not incur any further costs hereunder. CONSULTANT may request this determination of completion when, in its opinion, it has completed all of the Services as required by the terms of this Agreement and, if so requested, CITY shall make this determination within two (2) weeks of such request, or if CITY determines that CONSULTANT has not completed all of such Services as required by this Agreement, CITY shall so inform CONSULTANT within this two (2) week period. III. PROGRESS SCHEDULE The schedule for performance and completion of the Services will be as set forth in the attached Exhibit "C". 4852-1781-62130 -�- CCHU104706083 IV. PAYMENT OF FEES AND DIRECT EXPENSES Payments shall be made to CONSULTANT as provided for in Article 4 of this Agreement. Direct expenses are charges and fees not included in Exhibit "B". CITY shall be obligated to pay only for those direct expenses which have been previously approved in writing by CITY. CONSULTANT shall obtain written approval from CITY prior to incurring or billing of direct expenses. Copies of pertinent financial records, including invoices, will be included with the submission of billing(s) for all direct expenses. V. OTHER PROVISIONS A. STANDARD OF WORKMANSHIP CONSULTANT represents and warrants that it has the qualifications, skills and licenses necessary to perform the Services, and its duties and obligations, expressed and implied, contained herein, and CITY expressly relies upon CONSULTANT'S representations and warranties regarding its skills, qualifications and licenses. CONSULTANT shall perform such Services and duties in conformance to and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Any plans, designs, specifications, estimates, calculations, reports and other documents furnished under this Agreement shall be of a quality acceptable to CITY. The minimum criteria for acceptance shall be a product of neat appearance, well -organized, technically and grammatically correct, checked and having the maker and checker identified. The minimum standard of appearance, organization and content of the drawings shall be that used by CITY for similar purposes. B. RESPONSIBILITY OF CONSULTANT CONSULTANT shall be responsible for the professional quality, technical accuracy, and the coordination of the Services fim-fished by it under this Agreement. CONSULTANT shall not be responsible for the accuracy of any project or technical information provided by the CITY. The CITY'S review, acceptance or payment for any of the Services shall not be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement, and CONSULTANT shall be and remain liable to CITY in accordance with applicable law for all damages to CITY caused, by CONSULTANT'S negligent performance of any of the services furnished under this Agreement. C. RIGHT OF CITY TO INSPECT RECORDS OF CONSULTANT CITY, through its authorized employees, representatives or agents, shall have the right, at any and all reasonable times, to audit the books and records (including, but not limited to, invoices, vouchers, canceled checks, time cards, etc.) of CONSULTANT for the purpose of verifying any and all charges made by CONSULTANT in connection with this Agreement. CONSULTANT shall maintain for a minimum period of three (3) years (from the date of final payment to 4852-1781-6213v1 - 2 - CCHU104706083 CONSULTANT), or for any longer period required by law, sufficient books and records in accordance with standard California accounting practices to establish the correctness of all charges submitted to CITY by CONSULTANT, all of which shall be made available to CITY at the CITY's offices within five (5) business days after CITY's request. D. CONFIDENTIALITY OF MATERIAL All ideas, memoranda, specifications, plans, manufacturing procedures, data (including, but not limited to, computer data and source code), drawings, descriptions, documents, discussions or other information developed or received by or for CONSULTANT and all other written and oral information developed or received by or for CONSULTANT and all other written and oral information submitted to CONSULTANT in connection with the performance of this Agreement shall be held confidential by CONSULTANT and shall not, without the prior written consent of CITY, be used for any purposes other than the performance of the Services, nor be disclosed to an entity not connected with the performance of the such Services. Nothing famished to CONSULTANT which is otherwise known to CONSULTANT or is or becomes generally known to the related industry (other than that which becomes generally known as the result of CONSULTANT'S disclosure thereof) shall be deemed confidential. CONSULTANT shall not use CITY'S name or insignia, or distribute publicity pertaining to the services rendered under this Agreement in any magazine, trade paper, newspaper or other medium without the express written consent of CITY. E. NO PLEDGING OF CITY'S CREDIT. Under no circumstances shall CONSULTANT have the authority or power to pledge the credit of CITY or incur any obligation in the name of CITY. F. OWNERSHIP OF MATERIAL. All material including, but not limited to, computer information, data and source code, sketches, tracings, drawings, plans, diagrams, quantities, estimates, specifications, proposals, tests, maps, calculations, photographs, reports and other material developed, collected, prepared (or caused to be prepared) under this Agreement shall be the property of CITY, but CONSULTANT may retain and use copies thereof subject to Section V.D of this Exhibit "A". CITY shall not be li nited in any way in its use of said material at any time for any work, whether or not associated with the City project for which the Services are performed. However, CONSULTANT shall not be responsible for, and City shall indemnify CONSULTANT from, damages resulting from the use of said material for work other than PROJECT, including, but not limited to, the release of this material to third parties for work other than on PROJECT. G. NO THIRD PARTY BENEFICIARY. This Agreement shall not be -construed or deemed to be an agreement for the benefit of any third party or parties, and no third parry or parties shall have any claim or right of action hereunder for any cause whatsoever. 4852-1781-6213v1 - 3 - CCHU104706083 H. NOTICES. Notices are to be sent as follows: CITY: City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 CITY: Maria De Leon, Recreation Department Director City of Gilroy 7351 Rosanna Street Gilroy, CA�j95020 CONSULTANT: G�.[a�x / A PROS Consult 201 S. Capitol Ave., Suite #505 Indianapolis, Indiana 46225 A. FEDERAL FUNDING REQUIREMENTS. ❑ If the box to the left of this sentence is checked, this Agreement involves federal funding and the requirements of this Section V.J. apply. If the box to the left of this sentence is checked, this Agreement does not involve federal funding and the requirements of this Section V.J. do not apply. CONSULTANT shall comply with the requirements of Title 49, Part 26, Code of Federal Regulations (49 CFR 26) and the City -adopted Disadvantaged Business Enterprise programs. 1. Cost Principles Federal Acquisition Regulations in Title 48, CFR 31, shall be used to determine the allowable cost for individual items. 2. Covenant against Contingent Fees The CONSULTANT warrants that he/she has not employed or retained any company or person, other than a bona fide employee working for the CONSULTANT, to solicit or secure this Agreement, and that he/she has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or formation of this Agreement. For breach or violation of this warranty, the Local Agency shall have the right to annul this Agreement without liability or, at its discretion, to deduct from the agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. 4852-1781-62130 - 4 - CCHU104706083 EXHIBIT "B" SCOPE OF SERVICES Description of the Services - City of Gilroy Recreation Department (GRD) Facility and Program Needs Assessment. The intent of this project is to meet the needs of a diverse and growing community, as well as explore a collaborative service delivery model to enhance and broaden the programs and services provided to the Gilroy community. This undertaking includes a facility and program needs assessment which includes a community survey to engage the community and stakeholders to identify key facility and program issues and gaps that could potentially be addressed by one or other agencies. Additionally, the facility and needs assessment outcome will help guide the decision -making process for future services and offerings. The following is a project description: City -Wide Facility Needs Assessment — Update the GRD recreation parks and facilities inventory to include the following: existing public parks, pathways, trails, lights, open spaces, aquatic facilities, gyms, community and senior centers, and other similar recreation spaces. For outdoor spaces, the inventory shall also incorporate park features such as reservation spaces, picnic areas, playgrounds, exercise equipment, tennis courts, skate parks, ball fields, in -door and outdoor sport courts, basketball courts, horseshoe pits, bocce ball, handball courts and dog parks, parking lots, bocce ball, open turf and other similar park amenities such as fences, lights, picnic tables and benches and BBQ pits. The Gilroy Unified School District property shall be included in this inventory where the City owns or provides services out of these school facilities. Through a series of meetings, workshops and tours with key City and department leadership and staff, the Consultant will develop a SWOT analysis highlighting existing Strengths, Weaknesses, Opportunities and Threats faced by the GRD in regards to recreational facilities and parks. The Facility Needs Assessment shall also include an analysis of GRD public program spaces to: • Assess the general state, condition, maintenance and conservation strategies • Identify space surpluses and deficits, recommendations for optimal space use • Evaluate aesthetic, design, safety, security, public access, signage and way finding • Understand program capacity and compatibility with users • Compare the City's facilities to industry benchmark standards • Identify current and project future recreation facility demands • Highlight partnership opportunities • Pin point which agency is better suited to provide services out of what facility • Suggest revenue generating opportunities -13 - 4840-9086-0456v2 CCHUk04706083 City -Wide Proiaram Needs Assessment — The purpose of this analysis is to gain an accurate understanding of the public's perception of GRD programs and services. The Recreation Needs Assessment identifies current and future recreational needs and interests; identifies existing gaps in programs, services and facilities, and develops short-term, mid-term, and long- term recommendations that address deficiencies and service delivery. The program assessment will also identify trends and the impact they have on the GRD's demand and delivery of recreation services. The Consultant will review the GRD programs and services, evaluate the core functions for GRD and provide recommendations on how to operate in the most effective functional and efficient manner. GRD staff and the Consultant will consider which programs and services are considered core essential services, important services and value-added services. The results of the work will be compiled into a summary of services and functions by classification and shall include cost recovery expectations. The needs assessment includes conducting a city-wide community survey, telephone and online survey, a survey via social media, town hall meetings (at least 2), meetings with various stakeholders, user groups, focus groups, and an analysis of all of the data to determine the facilities and recreational programs required to serve the current and projected demand for the future. The survey will consist of questions designed to help the GRD better understand what programs residents want, what programs they know about, and what they are willing to pay for these programs. A SWOT Analysis will be conducted faced by the GRD in regards to programming and to spearhead discussion. With the Mt. Madonna YMCA's contribution of $10,000 towards this assessment, 25% of the community survey, which in its entirety has a market value of $40,000 according to the consultant, will consist of survey questions tailored by and for the Mt. Madonna YMCA. The Consultant will work with GRD and Mt. Madonna YMCA staff to create a survey that best fits the needs of the Gilroy community. This includes ensuring the survey is worded to obtain statistically valid and reliable results. The survey shall be bilingual (Spanish and English) to address the diverse populations that both the GRD and the YMCA serve. Through a community survey made up of feedback of recreation users, key stakeholders, city leaders and the general public, the assessment shall: Identify current recreation trends and the impact they will have on the demand and delivery of recreation services. Identify unmet recreational needs offered, level of desire for innovative programs, events and public facilities. Compare the cost of each entity to provide the program and service. The community survey executive summary shall include a survey background, description of survey methodology, major findings, how the results are applicable to the GRD and the Mt. Madonna YMCA, any trends within the data, and recommendations on the use of the survey instrument and methodology for future applications. -14- 4840-9086-0456v2 CCHU104706083 Process 1. The Consultant will provide a detailed process through which they intend to manage the scope, asses the data, integrate the data, communicate the information, and make recommendations. 2. The Consultant will provide a schedule/work plan indicating milestones of the project at a minimum of noting dates for completion of phases of work and deliverables. Examples of significant phases include: • Project Kick -Off Meeting • Data collection • Stakeholder and key leadership interviews • Parks, facility and program analysis • Parks and facility inventory assessment • Recreation programs assessment • Development and distribution of community survey • Benchmark analysis of Best Practices • Needs assessment and action plan development • Community survey findings report • Draft report preparation and briefings • Final needs assessment submittal and presentations 3. The Consultant will facilitate finding and visioning sessions (quantity shall be mutually agreed upon by the Consultant and GRD). 4. Suggested Implementation Recommendations: • Cost and funding requirements o Funding Sources — Financial Plan for future collaboration efforts o Action plan with prioritization schedule o Marketing and community outreach plan o Draft staff report of assessment and survey findings to the GRD project leadership team o Final staff report complete with photos, narrative, maps, exhibits and appendix for presentation to City of Gilroy Parks and Recreation Commission, and Gilroy City Council ■ Two (2) hard copies of all reports produced, along with high - quality electronic copies of the same • One editable version of the final draft report ■ Electronic copies of all application power point presentations and photos used at public meetings A. General Requirements 1. CONSULTANT shall meet with City staff and/or other stakeholders to consider their recommendations related to CONSULTANT's Services. Multiple meetings will be necessary. CONSULTANT may also be required to meet with the community to gather their input. -15- 4840-9086-0456v2 CCHU104706083 2. CONSULTANT shall attend at least two City Council meetings and facilitate two public meetings during the duration of the Project. CONSULTANT may be required to provide presentations as necessary for approval. B. Additional Services Any services not identified in this Scope of Services will be considered additional services ("Additional Services"). Additional Services will be provided only as authorized in writing and on an hourly basis unless otherwise approved. Additional Services must be brought to the attention and approved by the City prior to commencement of the particular task and/or activity. C. CITY's Responsibilities. CITY shall furnish such information reasonably required for the Services, as it has in its possession, and as requested in writing by the CONSULTANT. CITY makes no representation as to the accuracy of these documents. -16- 4840-9086-0456v2 CCHU104706083 EXHIBIT "C" MILESTONE SCHEDULE Draft RFP/Design Project Schedule Contract agreement and insurance complete Process agreement Contract work to begin Draft Facility & Program Needs Assessment results plans submitted to City of Gilroy Comments to consultant Final Facility & Program Needs Assessment to City of Gilroy Present design plans to City Council -17- 4840-9086-0456u2 CCHUk04706083 Target Date(s) 08/05/2019 — 08/30/2019 09/03/2019 — 09/27/2019 09/30/2019 06/05/2020 06/26/2020 07/17/2020 08/03/2020 EXHIBIT "D" PAYMENT SCHEDULE CONSULTANT will submit invoices to CITY for each month in which work is performed. Payment is due within 30 days from the date the invoice is received by CITY. In no event shall the total compensation paid to CONSULTANT exceed $98,660.00. 4840-9086-0456v2 CCHU104706083 ` • V * Gi/roy Rocreatioti Department and #19-RFP-RFC427 the: Mt Madonna YMCA facility and Pragran Needs Assessment Proposed Fee for Services The following fee breakdown is based on the project approach described in the Scope of Work for the Facility and Program Needs Assessment. The PROS Consulting Team has based this fee on our current understanding of the Gilroy Recreation Department and Mt. Madonna YMCA's goal for the project. We would appreciate the opportunity to meet and discuss the project approach and fees to ensure they are consistent with the expectations of the GIRD and YMCA, as we are flexible in meeting your needs. This fee is a not -to -exceed amount and includes all costs, both direct and indirect, including any reimbursable expenses. PROS Consulting uses a transparent pricing model toward project budgets. We do not chango-order our clients unless there is major scope addition to the project after contract execution. PROS Consulting Mlchael Svetz/ -•;�, 61S �Apalgst%"`� I Leon Younger Neelayllhatt Philip Pamin Sarah Durham Websae iieslgner Total II Hourly Rate: $ 18.5 $ 165 $ 145 $ 110 ITaska Pmjrict.Kick off,Management,Co'mmunity Profile, & Cptnmuuity'Outreach I A. Kick-aff Meeting & Project Management I6 16 $ 4,400 B. SWOT Analysis 1,320� C. Demographic & Trends Analysis I 24 �" t::.'•..:: -, i;;;, 2,640 I D. Benchmark Analysis I I I 24 •.•:.::: •:::.=..".., ;-, 2,640 E. Public and Leadership Engagement/Advocacy Strategy I I 8 41 fnI $ 1,900I F. Key Leadership/Focus Group Interviews I f 15 I 16 ., $ 4,400 G. Public Forums/Workshops I I 12 1 $ 1,980 H. Community Needs Assessment Statlstically-Valld Survey I I 4 I `."::": "..,,.,`: $ 1L910 I.Eiectronlc survey I I 4 I 10 `. 1,760 J. Multllingual Crowd -Sourcing Project Website I 20 10,200 SubtbalHoursI 68 4I 110 337I Expensesl , $, .. , 4,000 I I Subtotal Dollarst $ : $ t3,220 1 $ 2,580 I $ 12100 $ ';; ,•' "..B4ODD ,. $ 47,150 ... .... Task"2'-CIty-WldeFaclllty�Assessment ::;: .:: ...::: 'I A C"'-wide Facility Needs Assessment I 8I 28I 4.� $ 5,820I B. Parkand FacilltYClassflcatlons and Level of Service Standards I 4I I 24 C. Geographical Analysis through Mapping I I I I 16".',_.20:I $ 3,760I I Subtotal Hours: 121 211 44 =• 20'a 104I Expensesl $ I $ 1 DOD I $ 1,5 $ $ : 1 $ 2,00 I I Subtotal Dollard $ I $ 2,980 I $ 5,560 $ 4,940 $ 2 000' $ 15,380 I Task 3.- Inventaiy and Ass"essment of l2ecieatlon Proi ramra.gd" Sernces ;".: �•; -I I A. Program Services Assessment I I 81 40 I $ 7,1201 I Subtotal Hourll I a I 40 I - -" :�.I 48 I I Expensesl $ I $ - I $ 1,500I $ - S%...:: - -.' $ 1,500I I Subtotal Dollars) $ $ 1132l! $ 7,300 I $ - $:, I $ 8,620 I Task'4=Develop.a_Factlltyand Prograrn Needs Assessment '=:;. I -- •` `" •'•'-'• �•' ;:I. I I A. Develop Vlslon, Mission and Goals/ObjectivesR71 $ 2,640 I B. Prioritized Facility and Program Priority Rankings I 16f 41 $ 3,220 C. Capital Improvement Plan 41 81 _$ 1,820 D. Funding and Revenue Strategies 121 81 I .�� . �, : :::.. $ 3,540 E. Implementation Plan Development 10 16 I I �•.'• _•';i,'•(':=-:: . A,490 F. Draft Report Preparation and Briefings 16 1 16I4,4C0 G. Final Plan Presentations, Preparation and Production 161 I4,4D0 Subtotal Hours: 22 92I 22I 321158 Expensesl $ '' - I $ 3,DDD I $ $ 1$: Subtotal Dollarsl $ 4,070I $ 18,180I $ 1,740 $ 3,520I $' $ 27,510 TOTALHOURSI 22I 180I 84I 1BE 100 141 TOTAL EXPENSESI $ - I $ 6,000 I $ 5,000 $ - $ - I $ TOTAL FEES $ 4,070 I $ 29,700 I $ 12,180 $ 20,460 $ 10,000 $ 11,250 $ ' 87,660 TOTAL DOLLARS $ 4,070 I $ 35,700 I $ 17,180 $ 20,460 $ 10,000 I $ 11,250 $ 98,560 pros-;,,9 consulting INC. F F (Cftp of &irrop Recreation Department 7351 Rosanna St. Gilroy, CA 95020 AGREEMENT FOR SERVICES CONTRACT August 2019 No. #19-RFP-REC-427 4852-1781-6213v1 CCHU104706083