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HomeMy WebLinkAbout2021-07-19 PRAC Agenda PacketCity of Fresno 2600 Fresno Street Fresno, CA 93721 www.fresno.gov Meeting Agenda Packet Monday, July 19, 2021 5:30 PM Regular Meeting Electronic Only Parks, Recreation, and Arts Commission Chair – Kimberly McCoy Vice Chair – Jon Dohlin Commissioner – Maiyer Vang Commissioner –  Dr. Francine Oputa Commissioner – Scott Miller Commissioner – Mona Nyandoro Cummings Commissioner – Harman Singh Commissioner – Jose Leon Barraza Commissioner – Sarah Parkes 1.Call to Order 2.Roll Call 3.Pledge of Allegiance 4.Approve Agenda 5.Approval of Minutes 5­A ID 21­23013 Approval of Minutes for July 12, 2021 6.Members Reports and Comments 7.New Matters and Workshops 7­A ID 21­23011 Workshop ­ Final Fiscal Year 2021/2022 PARCS Budget as approved by Council 7­B ID 21­23012 Workshop ­ Final Fiscal Year 2021/2022 Measure P appropriations for all of the “buckets” and how the appropriations match the percentage requirements outlined in the ordinance 7­C ID 21­22960­01 Hearing #2– Agreement between City and Wallace, Roberts and Todd, LLC (WRT); recommend WRT provide professional services for planning, urban design, and development of parks and open space to update the City’s existing Parks Master Plan. 7­D ID 21­23072 Hearing – Commission ad hoc subcommittees, assignments and/or appointments 7­E ID 21­23073 Hearing – Approval of the Parks, Recreation and Arts Commission meeting schedule through the end of 2021 8.Unscheduled Communication 9.Adjournment City of Fresno2600 Fresno StreetFresno, CA 93721www.fresno.govMeeting Agenda PacketMonday, July 19, 20215:30 PMRegular MeetingElectronic OnlyParks, Recreation, and Arts CommissionChair – Kimberly McCoyVice Chair – Jon DohlinCommissioner – Maiyer VangCommissioner –  Dr. Francine OputaCommissioner – Scott Miller Commissioner – Mona Nyandoro Cummings Commissioner – Harman Singh Commissioner – Jose Leon Barraza Commissioner – Sarah Parkes 1.Call to Order 2.Roll Call 3.Pledge of Allegiance 4.Approve Agenda 5.Approval of Minutes 5­A ID 21­23013 Approval of Minutes for July 12, 2021 6.Members Reports and Comments 7.New Matters and Workshops 7­A ID 21­23011 Workshop ­ Final Fiscal Year 2021/2022 PARCS Budget as approved by Council 7­B ID 21­23012 Workshop ­ Final Fiscal Year 2021/2022 Measure P appropriations for all of the “buckets” and how the appropriations match the percentage requirements outlined in the ordinance 7­C ID 21­22960­01 Hearing #2– Agreement between City and Wallace, Roberts and Todd, LLC (WRT); recommend WRT provide professional services for planning, urban design, and development of parks and open space to update the City’s existing Parks Master Plan. 7­D ID 21­23072 Hearing – Commission ad hoc subcommittees, assignments and/or appointments 7­E ID 21­23073 Hearing – Approval of the Parks, Recreation and Arts Commission meeting schedule through the end of 2021 8.Unscheduled Communication 9.Adjournment 7 3 7 REPORT TO THE PARKS, RECREATION, AND ARTS COMMISSION DATE: July 19, 2021 FROM: Sarah Parkes, Commissioner SUBJECT: Workshop - Final Fiscal Year 2021/2022 PARCS Budget as approved by Council 7 3 8 REPORT TO THE PARKS, RECREATION, AND ARTS COMMISSION DATE: July 19, 2021 FROM: Sarah Parkes, Commissioner SUBJECT: Workshop - Final Fiscal Year 2021/2022 Measure P appropriations for all of the “buckets” and how the appropriations match the percentage requirements outlined in the ordinance 7 4 5 REPORT TO THE PARKS, RECREATION, AND ARTS COMMISSION DATE: July 19, 2021 FROM: FRANCINE M. KANNE, Assistant City Manager, Office of Mayor & City Manager SUBJECT: Hearing #2 - Agreement between City and Wallace, Roberts and Todd, LLC (WRT); recommend WRT provide professional services for planning, urban design, and development of parks and open space to update the City’s existing Parks Master Plan. RLS: A21-0874 FILE ID: 21-22975 REPORT TO THE CITY COUNCIL DATE: July 15, 2021 FROM:TJ MILLER, Director Parks, After School, Recreation and Community Services Department SCOTT L. MOZIER, PE, Director Public Works Department BY:ALDI RAMIREZ, Projects Administrator Parks, After School, Recreation and Community Services Department SUBJECT: Approve an agreement with Wallace, Roberts and Todd, Inc., in the amount of $552,090 with a $50,000 contingency for Planning Services related to Measure P Implementation, including an update of the Parks Master Plan. RECOMMENDATION: Staff recommends the Council approve an agreement with Wallace, Roberts and Todd, Inc. (WRT), in the amount of $552,090 for Planning Services related to Measure P Implementation, including an update of the Parks Master Plan; and authorize the Public Works Director or designee to execute the agreement on behalf of the City. EXECUTIVE SUMMARY: With the successful passage of Measure P, staff recommends the Council approve an agreement with WRT, supported by PROS Consulting, for a variety of planning services related to Measure P Implementation. These services will include an update to the Parks Master Plan, community engagement and outreach, a Senior Center operations study, facility assessments, cost estimating, preparation of a potential ten-year capital improvement program, strategic planning, organizational structure development and training for staff in system-wide improved service delivery. Funding is available through the FY2022 adopted budget for the PARCS Department. BACKGROUND: On December 14, 2017, the Council adopted the current City of Fresno Parks Master Plan. Since 2017, Measure P has been passed by the voters, resulting in new revenues becoming available for operations and maintenance of parks, repair and replacement, addition of new park amenities, 7 2 6 acquisition and development of new parks, youth and senior programming, arts and culture, trails and associated maintenance, and beautification and litter control along highways and major streets in the community. Furthermore since 2017, the City has grown and acquired new park assets. Staff recommends a planning consultant be retained to undertake an update of the Parks Master Plan, conduct more detailed facility assessments than could be initially completed in 2017, develop project cost estimates and prepare a potential ten-year capital improvement program. This effort would all feature extensive community engagement for the master plan update and prioritization of projects to address community needs. The WRT scope of services includes technical support for the Parks, Recreation and Arts Commission for the Commission to be able to evaluate projects and needs based upon the criteria set forth in the enabling legislation for Measure P. The contract also features PROS Consulting as a subconsultant to WRT, to undertake an organizational culture assessment, perform training and staff development, train the trainers and build internal capacity to perform with excellence as a PARCS Department. PROS will develop a strategic plan, integrating objectives, methods and standards from Commission for Accreditation of Park and Recreation Agencies (CAPRA), making recommendations on actions needed for the organization to be successful. Due to WRT having recently completed the Parks Master Plan for the City, and having developed a thorough understanding of the City’s park system and facilities, staff finds that WRT is uniquely qualified to perform these services. Time is of the essence in order to deliver upon these much- needed improvements for the community. Therefore, a Request for Qualifications (RFQ) process was not utilized for this project, due to the unique qualifications possessed by the WRT team. ENVIRONMENTAL FINDINGS: Retaining a consultant for planning services in not defined as a project for purposes of CEQA. LOCAL PREFERENCE: Local preference was not implemented because WRT is uniquely qualified for this project. FISCAL IMPACT: Funding for the $552,090 agreement is available through the FY2022 adopted budget for the PARCS Department. ATTACHMENT: Agreement Memo DPW-B Short Form Total Fee - Contingency (04-30-14) -1- AGREEMENT CITY OF FRESNO, CALIFORNIA CONSULTANT SERVICES THIS AGREEMENT is made and entered into effective the _______ day of , 2021, by and between the CITY OF FRESNO, a California municipal corporation (hereinafter referred to as "CITY"), and Wallace, Roberts and Todd, Inc., a California corporation (hereinafter referred to as "CONSULTANT"). RECITALS WHEREAS, CITY desires to obtain professional planning and landscape architectural services for Measure P Implementation, hereinafter referred to as the “Project;” and WHEREAS, CONSULTANT is engaged in the business of furnishing services as a Planning, Urban Design, Architectural and Landscape Architectural firm and hereby represents that it desires to and is professionally and legally capable of performing the services called for by this Agreement; and WHEREAS, CONSULTANT acknowledges that this Agreement is subject to the requirements of Fresno Municipal Code Section 4-107 and Administrative Order No. 6-19; and WHEREAS, this Agreement will be administered for CITY by its Public Works Director (hereinafter referred to as "Director") or his/her designee. AGREEMENT NOW, THEREFORE, in consideration of the foregoing and of the covenants, conditions, and promises hereinafter contained to be kept and performed by the respective parties, it is mutually agreed as follows: 1. Scope of Services. CONSULTANT shall perform to the satisfaction of CITY the services described in Exhibit A, including all work incidental to, or necessary to perform, such services even though not specifically described in Exhibit A. 2. Term of Agreement and Time for Performance. This Agreement shall be effective from the date first set forth above and shall continue in full force and effect through the earlier of complete rendition of the services hereunder or September 30, 2022, subject to any earlier termination in accordance with this Agreement. The services of CONSULTANT as described in Exhibit A are to commence upon CITY’S issuance of a written “Notice to Proceed.” Work shall be undertaken and completed in a sequence assuring expeditious completion, but in any event, all such services shall be completed within four hundred eighty (480) consecutive calendar days from such authorization to proceed. 3. Compensation. (a) CONSULTANT’S sole compensation for satisfactory performance of all services required or rendered pursuant to this Agreement shall be a total fee of Five Hundred Fifty-Two Thousand Ninety Dollars [$552,090], and a contingency amount not to exceed Fifty Thousand [$50,000] for any additional work rendered pursuant to Subsection (c) below and authorized in writing by the Director. Such fees include all expenses incurred by CONSULTANT in performance of such services. DPW-B Short Form Total Fee - Contingency (04-30-14) -2- (b) Detailed statements shall be rendered monthly and will be payable in the normal course of CITY business. (c) The parties may modify this Agreement to increase or decrease the scope of services or provide for the rendition of services not required by this Agreement, which modification shall include an adjustment to CONSULTANT’S compensation. Any change in the scope of services must be made by written amendment to the Agreement signed by an authorized representative for each party. CONSULTANT shall not be entitled to any additional compensation if services are performed prior to a signed written amendment. 4. Termination, Remedies and Force Majeure. (a) This Agreement shall terminate without any liability of CITY to CONSULTANT upon the earlier of: (i) CONSULTANT’S filing for protection under the federal bankruptcy laws, or any bankruptcy petition or petition for receiver commenced by a third party against CONSULTANT; (ii) 7 calendar days prior written notice with or without cause by CITY to CONSULTANT; (iii) CITY’S non-appropriation of funds sufficient to meet its obligations hereunder during any CITY fiscal year of this Agreement, or insufficient funding for the Project; or (iv) expiration of this Agreement. (b) Immediately upon any termination or expiration of this Agreement, CONSULTANT shall (i) immediately stop all work hereunder; (ii) immediately cause any and all of its subcontractors to cease work; and (iii) return to CITY any and all unearned payments and all properties and materials in the possession of CONSULTANT that are owned by CITY. Subject to the terms of this Agreement, CONSULTANT shall be paid compensation for services satisfactorily performed prior to the effective date of termination. CONSULTANT shall not be paid for any work or services performed or costs incurred which reasonably could have been avoided. (c) In the event of termination due to failure of CONSULTANT to satisfactorily perform in accordance with the terms of this Agreement, CITY may withhold an amount that would otherwise be payable as an offset to, but not in excess of, CITY’S damages caused by such failure. In no event shall any payment by CITY pursuant to this Agreement constitute a waiver by CITY of any breach of this Agreement which may then exist on the part of CONSULTANT, nor shall such payment impair or prejudice any remedy available to CITY with respect to the breach. (d) Upon any breach of this Agreement by CONSULTANT, CITY may (i) exercise any right, remedy (in contract, law or equity), or privilege which may be available to it under applicable laws of the State of California or any other applicable law; (ii) proceed by appropriate court action to enforce the terms of the Agreement; and/or (iii) recover all direct, indirect, consequential, economic and incidental damages for the breach of the Agreement. If it is determined that CITY improperly terminated this Agreement for default, such termination shall be deemed a termination for convenience. (e) CONSULTANT shall provide CITY with adequate written assurances of future performance, upon Director’s request, in the event CONSULTANT fails to comply with any terms or conditions of this Agreement. (f) CONSULTANT shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of CONSULTANT and without its fault or negligence such as, acts of God or the public enemy, acts of CITY in its contractual capacity, DPW-B Short Form Total Fee - Contingency (04-30-14) -4- 7. Indemnification. To the furthest extent allowed by law, CONSULTANT shall indemnify, hold harmless and defend CITY and each of its officers, officials, employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage), and from any and all claims, demands and actions in law or equity (including reasonable attorney's fees and litigation expenses) that arise out of, pertain to, or relate to the negligence, recklessness or willful misconduct of CONSULTANT, its principals, officers, employees, agents or volunteers in the performance of this Agreement. If CONSULTANT should subcontract all or any portion of the services to be performed under this Agreement, CONSULTANT shall require each subcontractor to indemnify, hold harmless and defend CITY and each of its officers, officials, employees, agents and volunteers in accordance with the terms of the preceding paragraph. This section shall survive termination or expiration of this Agreement. 8. Insurance. (a) Throughout the life of this Agreement, CONSULTANT shall pay for and maintain in full force and effect all insurance as required in Exhibit B, which is incorporated into and part of this Agreement, with an insurance company(ies) either (i) admitted by the California Insurance Commissioner to do business in the State of California and rated no less than “A-VII” in the Best’s Insurance Rating Guide, or (ii) as may be authorized in writing by CITY'S Risk Manager or his/her designee at any time and in his/her sole discretion. The required policies of insurance as stated in Exhibit B shall maintain limits of liability of not less than those amounts stated therein. However, the insurance limits available to CITY, its officers, officials, employees, agents and volunteers as additional insureds, shall be the greater of the minimum limits specified therein or the full limit of any insurance proceeds to the named insured. (b) If at any time during the life of the Agreement or any extension, CONSULTANT or any of its subcontractors/sub-consultants fail to maintain any required insurance in full force and effect, all services and work under this Agreement shall be discontinued immediately, and all payments due or that become due to CONSULTANT shall be withheld until notice is received by CITY that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to CITY. Any failure to maintain the required insurance shall be sufficient cause for CITY to terminate this Agreement. No action taken by CITY pursuant to this section shall in any way relieve CONSULTANT of its responsibilities under this Agreement. The phrase “fail to maintain any required insurance” shall include, without limitation, notification received by CITY that an insurer has commenced proceedings, or has had proceedings commenced against it, indicating that the insurer is insolvent. (c) The fact that insurance is obtained by CONSULTANT shall not be deemed to release or diminish the liability of CONSULTANT, including, without limitation, liability under the indemnity provisions of this Agreement. The duty to indemnify CITY shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONSULTANT. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of CONSULTANT, its principals, officers, agents, employees, persons under the supervision of CONSULTANT, vendors, suppliers, invitees, consultants, sub-consultants, subcontractors, or anyone employed directly or indirectly by any of them. DPW-B Short Form Total Fee - Contingency (04-30-14) -5- (d) If CONSULTANT should subcontract all or any portion of the services to be performed under this Agreement, CONSULTANT shall require each subcontractor/sub-consultant to provide insurance protection, as an additional insured, to the CITY and each of its officers, officials, employees, agents and volunteers in accordance with the terms of this section, except that any required certificates and applicable endorsements shall be on file with CONSULTANT and CITY prior to the commencement of any services by the subcontractor. CONSULTANT and any subcontractor/sub-consultant shall establish additional insured status for CITY, its officers, officials, employees, agents and volunteers by using Insurance Service Office (ISO) Form CG 20 10 11 85 or both CG 20 10 10 01 and CG 20 37 10 01 or by an executed manuscript company endorsement providing additional insured status as broad as that contained in ISO Form CG 20 10 11 85. 9. Conflict of Interest and Non-Solicitation. (a) Prior to CITY’S execution of this Agreement, CONSULTANT shall complete a City of Fresno conflict of interest disclosure statement in the form as set forth in Exhibit C. During the term of this Agreement, CONSULTANT shall have the obligation and duty to immediately notify CITY in writing of any change to the information provided by CONSULTANT in such statement. (b) CONSULTANT shall comply, and require its subcontractors to comply, with all applicable (i) professional canons and requirements governing avoidance of impermissible client conflicts; and (ii) federal, state and local conflict of interest laws and regulations including, without limitation, California Government Code Section 1090 et. seq., the California Political Reform Act (California Government Code Section 87100 et. seq.), the regulations of the Fair Political Practices Commission concerning disclosure and disqualification (2 California Code of Regulations Section 18700 et. seq.) and Section 4-112 of the Fresno Municipal Code (Ineligibility to Compete). At any time, upon written request of CITY, CONSULTANT shall provide a written opinion of its legal counsel and that of any subcontractor that, after a due diligent inquiry, CONSULTANT and the respective subcontractor(s) are in full compliance with all laws and regulations. CONSULTANT shall take, and require its subcontractors to take, reasonable steps to avoid any appearance of a conflict of interest. Upon discovery of any facts giving rise to the appearance of a conflict of interest, CONSULTANT shall immediately notify CITY of these facts in writing. (c) In performing the work or services to be provided hereunder, CONSULTANT shall not employ or retain the services of any person while such person either is employed by CITY or is a member of any CITY council, commission, board, committee, or similar CITY body. This requirement may be waived in writing by the City Manager, if no actual or potential conflict is involved. (d) CONSULTANT represents and warrants that it has not paid or agreed to pay any compensation, contingent or otherwise, direct or indirect, to solicit or procure this Agreement or any rights/benefits hereunder. (e) Neither CONSULTANT, nor any of CONSULTANT’S subcontractors performing any services on this Project, shall bid for, assist anyone in the preparation of a bid for, or perform any services pursuant to, any other contract in connection with this Project. CONSULTANT and any of its subcontractors shall have no interest, direct or indirect, in any other contract with a third party in connection with this Project unless such interest is in accordance DPW-B Short Form Total Fee - Contingency (04-30-14) -3- fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. CONSULTANT shall notify Director in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, and shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to Director of the cessation of such occurrence. 5. Confidential Information, Ownership of Documents and Copyright License. (a) Any reports, information, or other data prepared or assembled by CONSULTANT pursuant to this Agreement shall not be made available to any individual or organization by CONSULTANT without the prior written approval of CITY. During the term of this Agreement, and thereafter, CONSULTANT shall not, without the prior written consent of CITY, disclose to anyone any Confidential Information. The term Confidential Information for the purposes of this Agreement shall include all proprietary and confidential information of CITY, including but not limited to business plans, marketing plans, financial information, designs, drawings, specifications, materials, compilations, documents, instruments, models, source or object codes and other information disclosed or submitted, orally, in writing, or by any other medium or media. All Confidential Information shall be and remain confidential and proprietary in CITY. (b) Any and all original sketches, pencil tracings of working drawings, plans, computations, specifications, computer disk files, writings and other documents prepared or provided by CONSULTANT pursuant to this Agreement are the property of CITY at the time of preparation and shall be turned over to CITY upon expiration or termination of the Agreement or default by CONSULTANT. CONSULTANT grants CITY a copyright license to use such drawings and writings. CONSULTANT shall not permit the reproduction or use thereof by any other person except as otherwise expressly provided herein. CITY may modify the design including any drawings or writings. Any use by CITY of the aforesaid sketches, tracings, plans, computations, specifications, computer disk files, writings and other documents in completed form as to other projects or extensions of this Project, or in uncompleted form, without specific written verification by CONSULTANT will be at CITY’S sole risk and without liability or legal exposure to CONSULTANT. CONSULTANT may keep a copy of all drawings and specifications for its sole and exclusive use. (c) If CONSULTANT should subcontract all or any portion of the services to be performed under this Agreement, CONSULTANT shall cause each subcontractor to also comply with the requirements of this Section 5 (d) This Section 5 shall survive expiration or termination of this Agreement. 6. Professional Skill. It is further mutually understood and agreed by and between the parties hereto that inasmuch as CONSULTANT represents to CITY that CONSULTANT and its subcontractors, if any, are skilled in the profession and shall perform in accordance with the standards of said profession necessary to perform the services agreed to be done by it under this Agreement, CITY relies upon the skill of CONSULTANT and any subcontractors to do and perform such services in a skillful manner and CONSULTANT agrees to thus perform the services and require the same of any subcontractors. Therefore, any acceptance of such services by CITY shall not operate as a release of CONSULTANT or any subcontractors from said professional standards. DPW-B Short Form Total Fee - Contingency (04-30-14) -6- with all applicable law and fully disclosed to and approved by the City Manager, in advance and in writing. (f) If CONSULTANT should subcontract all or any portion of the work to be performed or services to be provided under this Agreement, CONSULTANT shall include the provisions of this Section 9 in each subcontract and require its subcontractors to comply therewith. (g) This Section 9 shall survive expiration or termination of this Agreement. 10. Recycling Program. In the event CONSULTANT maintains an office or operates a facility(ies), or is required herein to maintain or operate same, within the incorporated limits of the City of Fresno, CONSULTANT at its sole cost and expense shall: (i) Immediately establish and maintain a viable and ongoing recycling program, approved by CITY’S Solid Waste Management Division, for each office and facility. Literature describing CITY recycling programs is available from CITY’S Solid Waste Management Division and by calling City of Fresno Recycling Hotline at (559) 621-1111. (ii) Immediately contact CITY’S Solid Waste Management Division at (559) 621-1452 and schedule a free waste audit, and cooperate with such Division in their conduct of the audit for each office and facility. (iii) Cooperate with and demonstrate to the satisfaction of CITY’S Solid Waste Management Division the establishment of the recycling program in paragraph (i) above and the ongoing maintenance thereof. 11. General Terms. (a) Except as otherwise provided by law, all notices expressly required of CITY within the body of this Agreement, and not otherwise specifically provided for, shall be effective only if signed by the Director or his/her designee. (b) Records of CONSULTANT’S expenses pertaining to the Project shall be kept on a generally recognized accounting basis and shall be available to CITY or its authorized representatives upon request during regular business hours throughout the life of this Agreement and for a period of three years after final payment or, if longer, for any period required by law. In addition, all books, documents, papers, and records of CONSULTANT pertaining to the Project shall be available for the purpose of making audits, examinations, excerpts, and transcriptions for the same period of time. If any litigation, claim, negotiations, audit or other action is commenced before the expiration of said time period, all records shall be retained and made available to CITY until such action is resolved, or until the end of said time period whichever shall later occur. If CONSULTANT should subcontract all or any portion of the services to be performed under this Agreement, CONSULTANT shall cause each subcontractor to also comply with the requirements of this paragraph. This Section 11(b) shall survive expiration or termination of this Agreement. (c) Prior to execution of this Agreement by CITY, CONSULTANT shall have provided evidence to CITY that CONSULTANT is licensed to perform the services called for by this Agreement (or that no license is required). If CONSULTANT should subcontract all or any portion of the work or services to be performed under this Agreement, CONSULTANT shall DPW-B Short Form Total Fee - Contingency (04-30-14) -7- require each subcontractor to provide evidence to CITY that subcontractor is licensed to perform the services called for by this Agreement (or that no license is required) before beginning work. 12. Nondiscrimination. To the extent required by controlling federal, state and local law, CONSULTANT shall not employ discriminatory practices in the provision of services, employment of personnel, or in any other respect on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. Subject to the foregoing and during the performance of this Agreement, CONSULTANT agrees as follows: (a) CONSULTANT will comply with all applicable laws and regulations providing that no person shall, on the grounds of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity made possible by or resulting from this Agreement. (b) CONSULTANT will not discriminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. CONSULTANT shall ensure that applicants are employed, and the employees are treated during employment, without regard to their race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. Such requirement shall apply to CONSULTANT’S employment practices including, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. CONSULTANT agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provision of this nondiscrimination clause. (c) CONSULTANT will, in all solicitations or advertisements for employees placed by or on behalf of CONSULTANT in pursuit hereof, state that all qualified applicants will receive consideration for employment without regard to race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. (d) CONSULTANT will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice advising such labor union or workers' representatives of CONSULTANT’S commitment under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (e) If CONSULTANT should subcontract all or any portion of the services to be performed under this Agreement, CONSULTANT shall cause each subcontractor to also comply with the requirements of this Section 12. DPW-B Short Form Total Fee - Contingency (04-30-14) -8- 13. Independent Contractor. (a) In the furnishing of the services provided for herein, CONSULTANT is acting solely as an independent contractor. Neither CONSULTANT, nor any of its officers, agents or employees shall be deemed an officer, agent, employee, joint venturer, partner or associate of CITY for any purpose. CITY shall have no right to control or supervise or direct the manner or method by which CONSULTANT shall perform its work and functions. However, CITY shall retain the right to administer this Agreement so as to verify that CONSULTANT is performing its obligations in accordance with the terms and conditions thereof. (b) This Agreement does not evidence a partnership or joint venture between CONSULTANT and CITY. CONSULTANT shall have no authority to bind CITY absent CITY’S express written consent. Except to the extent otherwise provided in this Agreement, CONSULTANT shall bear its own costs and expenses in pursuit thereof. (c) Because of its status as an independent contractor, CONSULTANT and its officers, agents and employees shall have absolutely no right to employment rights and benefits available to CITY employees. CONSULTANT shall be solely liable and responsible for all payroll and tax withholding and for providing to, or on behalf of, its employees all employee benefits including, without limitation, health, welfare and retirement benefits. In addition, together with its other obligations under this Agreement, CONSULTANT shall be solely responsible, indemnify, defend and save CITY harmless from all matters relating to employment and tax withholding for and payment of CONSULTANT'S employees, including, without limitation, (i) compliance with Social Security and unemployment insurance withholding, payment of workers’ compensation benefits, and all other laws and regulations governing matters of employee withholding, taxes and payment; and (ii) any claim of right or interest in CITY employment benefits, entitlements, programs and/or funds offered employees of CITY whether arising by reason of any common law, de facto, leased, or co-employee rights or other theory. It is acknowledged that during the term of this Agreement, CONSULTANT may be providing services to others unrelated to CITY or to this Agreement. 14. Notices. Any notice required or intended to be given to either party under the terms of this Agreement shall be in writing and shall be deemed to be duly given if delivered personally, transmitted by facsimile followed by telephone confirmation of receipt, or sent by United States registered or certified mail, with postage prepaid, return receipt requested, addressed to the party to which notice is to be given at the party's address set forth on the signature page of this Agreement or at such other address as the parties may from time to time designate by written notice. Notices served by United States mail in the manner above described shall be deemed sufficiently served or given at the time of the mailing thereof. 15. Binding. Subject to Section 16, below, once this Agreement is signed by all parties, it shall be binding upon, and shall inure to the benefit of, all parties, and each parties' respective heirs, successors, assigns, transferees, agents, servants, employees and representatives. DPW-B Short Form Total Fee - Contingency (04-30-14) -9- 16. Assignment. (a) This Agreement is personal to CONSULTANT and there shall be no assignment by CONSULTANT of its rights or obligations under this Agreement without the prior written approval of the City Manager or his/her designee. Any attempted assignment by CONSULTANT, its successors or assigns, shall be null and void unless approved in writing by the City Manager or his/her designee. (b) CONSULTANT hereby agrees not to assign the payment of any monies due CONSULTANT from CITY under the terms of this Agreement to any other individual(s), corporation(s) or entity(ies). CITY retains the right to pay any and all monies due CONSULTANT directly to CONSULTANT. 17. Compliance With Law. In providing the services required under this Agreement, CONSULTANT shall at all times comply with all applicable laws of the United States, the State of California and CITY, and with all applicable regulations promulgated by federal, state, regional, or local administrative and regulatory agencies, now in force and as they may be enacted, issued, or amended during the term of this Agreement. 18. Waiver. The waiver by either party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Agreement. No provisions of this Agreement may be waived unless in writing and signed by all parties to this Agreement. Waiver of any one provision herein shall not be deemed to be a waiver of any other provision herein. 19. Governing Law and Venue. This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of California, excluding, however, any conflict of laws rule which would apply the law of another jurisdiction. Venue for purposes of the filing of any action regarding the enforcement or interpretation of this Agreement and any rights and duties hereunder shall be Fresno County, California. 20. Headings. The section headings in this Agreement are for convenience and reference only and shall not be construed or held in any way to explain, modify or add to the interpretation or meaning of the provisions of this Agreement. 21. Severability. The provisions of this Agreement are severable. The invalidity, or unenforceability of any one provision in this Agreement shall not affect the other provisions. 22. Interpretation. The parties acknowledge that this Agreement in its final form is the result of the combined efforts of the parties and that, should any provision of this Agreement be found to be ambiguous in any way, such ambiguity shall not be resolved by construing this Agreement in favor of or against either party, but rather by construing the terms in accordance with their generally accepted meaning. 23. Attorney's Fees. If either party is required to commence any proceeding or legal action to enforce or interpret any term, covenant or condition of this Agreement, the prevailing party in such proceeding or action shall be entitled to recover from the other party its reasonable attorney's fees and legal expenses. 24. Exhibits. Each exhibit and attachment referenced in this Agreement is, by the reference, incorporated into and made a part of this Agreement. DPW-B Short Form Total Fee - Contingency (04-30-14) -10- 25. Precedence of Documents. In the event of any conflict between the body of this Agreement and any Exhibit or Attachment hereto, the terms and conditions of the body of this Agreement shall control and take precedence over the terms and conditions expressed within the Exhibit or Attachment. Furthermore, any terms or conditions contained within any Exhibit or Attachment hereto which purport to modify the allocation of risk between the parties, provided for within the body of this Agreement, shall be null and void. 26. Cumulative Remedies. No remedy or election hereunder shall be deemed exclusive but shall, wherever possible, be cumulative with all other remedies at law or in equity. 27. No Third Party Beneficiaries. The rights, interests, duties and obligations defined within this Agreement are intended for the specific parties hereto as identified in the preamble of this Agreement. Notwithstanding anything stated to the contrary in this Agreement, it is not intended that any rights or interests in this Agreement benefit or flow to the interest of any third parties. 28. Extent of Agreement. Each party acknowledges that they have read and fully understand the contents of this Agreement. This Agreement represents the entire and integrated agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be modified only by written instrument duly authorized and executed by both CITY and CONSULTANT. / / / / / / / / / DPW-B Short Form Total Fee - Contingency (04-30-14) Page 1 of 1 Exhibit A Exhibit A SCOPE OF SERVICES Consultant Service Agreement between City of Fresno (“City”) and Wallace, Roberts and Todd, Inc. (“Consultant”) Measure P Implementation PROJECT TITLE See attached scope and fee document. Page | 3 Wednesday, June 16, 2021 SCOPE OF WORK: PHASE 1 Task 0: Project Initiation & Management The project initiation task formally launches the project and includes the setup of administrative systems and contracting as well as ongoing project management. 0.1 Project Kick-Off Meeting WRT, with the City PM, will organize a productive kick off meeting after review of background information including Measure P and the Park Master Plan (PMP) goals, values, and requirements. Special goals for the project will be discussed. 0.2 Background Document Review (Measure P) WRT will thoroughly review the language of Measure P to understand guidelines and requirements. 0.3 Project Management WRT will establish a project manager who will oversee day to day communications and completion of work. The individual will administer the project accounting and contracts. 0.4 Project Meetings This project will require regular project meetings with Staff to ensure communication is maintained. A regular sequence of Staff PM check-ins and larger TAC type review meetings will be determined prior to the kick-off. The TAC meetings might involve a cross section of City departments including PARCS, DARM, Public Works, and the City Manager’s office. For budget purposes, WRT assumes twice monthly check-in meetings for the duration of the project with monthly TAC meetings for review of work. These meetings are held remotely via video or phone. Task 1: Measure P Commission Support This task provides helpful baseline information in the form of technical memos to the Commission. It further establishes the methodology for prioritizing park improvements. Equity and Recreation criteria will be based on Measure P, the Parks Master Plan (PMP), and recent equity mapping completed by DARM and WRT. New mapping will combine the PMP condition assessments, park classifications and equity factors to identify priority parks. Based on the PMP, WRT will also identify and prioritize the types of park improvements most important to delivering equitable recreation. WRT will lead series of Commission workshops to seek consensus around the process and outcomes. Page | 4 Wednesday, June 16, 2021 1.1 Technical Memorandums WRT will prepare up to 5 memorandums for the commission on a range of subjects to be determined. Memos will be prepared in preliminary and final draft form suitable for review by the public. The content will be written for a lay audience with the goal of educating the commission and providing them useful materials as they make recommendations. A summary statement will be translated into Spanish. Tagalog, and Hmong languages. Tentative subjects include: • Summary of Guiding Documents: This is a succinct summary of the relevant values, goals, and requirements from the Parks Master Plan (PMP) and Measure P. The memo will provide definitions and help establish criteria for evaluating and prioritizing projects. We will consider how the many recommendations of the PMP are filtered in order to best align to the intent of Measure P. • Equity Mapping: WRT will assemble and narrate equity maps prepared in January 2021 and related analysis in a memo format. WRT has budgeted 4 days of GIS staff to refine any map content. • Data Driven Prioritization: With Commission input, WRT will organize the equity data compiled prior and apply it to the PMP park inventory to identify priority parks for equity-based improvements. Analysis will consider parks by PMP assessed condition, classification, council district, and up to three key amenity types. We will establish a ranking system to track and weight factors. The draft methodology will be refined and presented to Staff in a workshop to receive feedback and shape the final approach. A final equity ranking of all parks will be prepared. Methodology for non-equity-based improvements will also be identified to give guidance for implementing needed park improvements in other parts of the City not necessarily associated with equity issues. • Typical Conditions in Parks: WRT will prepare a memo documenting typical conditions in parks using photos and captions. The intent is to show the cross section of conditions from good to poor as determined by the master plan. Lack of amenities, results of lack of maintenance funding, and broken infrastructure may be featured. A focus will be given to parks that are highlighted in the equity mapping. There is potential to develop a self- guided tour route with background information for each park included. • Operations and Maintenance Costs: PROS will prepare a memo describing the costs associated with park maintenance and operation typically and specific to Fresno based on data collected during the PMP. 1.2 Parks Master Plan Amendment WRT will prepare a targeted update of the Parks Master Plan to reflect new park inventory (Camp Fresno, Caprioglio Community Center, Toll House Park Playground, Melody Park splash pad, BMX at Mary Ella Brown, historic Water Tower at Eaton Plaza). A one or two page overview of Measure P will be Page | 5 Wednesday, June 16, 2021 added. We do not anticipate other changes to the document. An admin draft and final document PDF will be prepared. 1.3 Commission Meeting Support WRT with support from UDD, will attend and provide support during up to 6 Commission meetings. For each, we will prepare agendas in advance, and prepare meeting materials such as technical memos, introductory presentation, and notes. We anticipate 4 meetings in person and 2 via video. Topics for meetings may include: • Introductory sessions to build working relationship of Commissioners. • Park Tour in person or virtual • Maintenance and operations 101 and how maintenance cost can limit expansion of parks and new facilities. The discussion may establish guidance about how to evaluate needs and when demand for an amenity reaches a threshold where the expansion is feasible. • Comparing the PMP to the Measure P Equity Mapping and resolving any changes to prioritization of recommendations. • Senior Center and other new facility locations • Priority Amenities and Park Design Outcomes: Based on the PMP and Measure P, WRT can create a draft understanding of priority park amenities to review with the Commission. Our working assumption is that there are types of amenities that deliver greater equity and value to the public when they are present and functional for use by the community. Similarly, what are low cost/high value types of improvements to parks (signage, new furnishings, lighting, curb appeal) that aid in visible transformation and demonstrate the value of Measure P. Putting program staff in parks is another idea to consider. • CIP Prioritization Final Recommendation Task 2: Senior Center Operations Study PROS will assist the City to consider programming and operating models for a new senior center. 2.1 Center Programming and Operations PROS will prepare a preliminary study of the potential models of a senior center and document general space needs, programming, operation models, and costs. It is assumed a single location will be determined prior to work by the City however PROS is available to discuss comparative models. Example facilities in other communities will be described. The findings will be documented in a draft and final memorandum. Page | 6 Wednesday, June 16, 2021 Task 3: Community Engagement WRT and Team will lead broad community outreach to inform the public about the planning process and then engage targeted communities determined through the equity analysis and other park prioritization determined through Commission and Council actions. The scope describes a general approach and defines a budget allowance. A detailed scope and cost will be prepared later with the creation of a community engagement plan. 3.1 Part One, Inform the Public The outreach will explain to residents the requirements of Measure P and how the equity mapping guides funding. We will describe the methodology for decision- making so that the process is transparent and builds trust. Outreach tools may include web content, social media posts, mobile workshops at community events, online surveys, and online webinars. Events will be conducted in multiple languages. Feedback on types of amenities and programs in parks most valued by residents may be sought to help inform investment in existing parks. The public engagement plan will describe the exact tasks to be completed and confirm the cost is within the allowance. 3.2 Part Two, Engage Specific Communities Once specific community areas and parks are determined, engagement of local communities around recreation needs and renovations to specific parks can be conducted. Outreach tools may include in-person community workshops, web content, mobile workshops at community events, online webinars, etc. Feedback from the community may help prioritize which park and what amenities are most desired and give the Commission and Council guidance. The revised public engagement plan will describe the exact tasks in part two to be completed and confirm the cost is within the allowance. Task 4: Organizational Cultural Assessment and Training Support PROS will lead this task independently to support the PARCS department as it seeks to improve its effectiveness and capacity. Phase 1 would include the following subtasks: • 4.1 – Discovery and Observation • 4.2 – Internal Organizational Culture Assessment • 4.3 – Customer Journey Review The remainder of this task would be completed as part of a future phase of work, outlined below. See attached PROS scope of work for more detail. Page | 7 Wednesday, June 16, 2021 SCOPE OF WORK: FUTURE PHASE Task 4: Organizational Cultural Assessment and Training Support PROS will lead this task independently to support the PARCS department as it seeks to improve its effectiveness and capacity. A future phase or phases of this effort would include the following subtasks: • 4.4 – Develop service principles and leadership philosophy • 4.5 – Deliver system-wide service delivery model • 4.6 – Establish performance metrics for evaluation • 4.7 – Establish common language and the Fresno Way • 4.8 – Training the trainer deployment and follow-up evaluation See attached PROS scope of work for more detail. Task 5: Strategic Plan Development and CAPRA Assessment PROS will lead this task independently to support the PARCS department as it seeks to improve its effectiveness and capacity. See attached PROS scope of work for more detail. Task 6: Initial Assessments and CIP Projects WRT will lead a local team (potential firms are listed in the cover letter, final selection will be based on the expertise required and qualifications of the consultant) to assess targeted phase 1 and phase 2 parks to better identify needed improvements and their costs. Assessments will include as directed and funded, buildings, irrigation systems, electrical systems, play fields, lighting, planting, furnishings, playgrounds, and other priority features. Parks determined by the PMP to be Tier 1, will be evaluated for lifecycle replacement and basic renovation. Opportunities for lifecycle replacement plus program enhancement and complete renovation will be identified for Tier 2 and 3 parks respectively. Costs will be prepared with adequate detail to establish construction budgets for each park (based on the Tier). Estimates for annual maintenance and post-project lifecycle replacement will also be prepared. 6.1 Parks and Facility Assessments WRT will prepare a standard assessment form that will be applied to each asset. The form will document the equity ranking and other relevant planning attributes from the PMP i.e. “Flagship park” status and Tier. The completed form will summarize all features in the park, identify replacement or new amenities, and note costs for improvements and maintenance as calculated in other subtasks. The site assessments will be conducted for up to five (5) locations in this phase. Our scope assumes one building is among the selected park sites. WRT will prepare for Staff review a draft list of locations and facilities that meet the criteria for assessment. With confirmation, WRT will begin an initial high-level assessment using the PMP and Google Maps to determine the level of effort required. A refined scope and Page | 8 Wednesday, June 16, 2021 fee will be prepared to provide mutual acceptance of the level of effort and technical expertise required. The materials will be prepared in a manner that Staff can replicate on their own later and on an ongoing basis. 6.2 Cost Estimates Estimates of probable construction costs will be prepared for up to five sites using generalized costs per amenity (i.e. field, playground, walking lop, exercise station, tree planting) and per acre. Escalation will be considered on an annual basis for 5- year increments. The excel spreadsheet will be formatted as a deliverable and tool for ongoing use. Task 7: Optional Services These services may be needed during this phase or future phases. WRT and Team will proceed as directed and funded. 7.1 Measure P Branding Package WRT will create a simple style guide for the logo, colors, and fonts to merge the Measure P graphics with City of Fresno standards. We will prepare template press releases, community engagement flyers, large temporary construction signs to be placed in parks during construction, and small permanent signs to thank the community for supporting parks. 7.2 Additional Parks and Facility Assessments WRT will refine the standard assessment form and conduct additional site assessments for parks and buildings. An allowance budget number is included and a detailed cost will be prepared later. 7.3 Cost Estimates Estimates of probable construction costs will be prepared for sites using generalized costs per amenity (i.e. field, playground, walking lop, exercise station, tree planting) and per acre. Escalation will be considered on an annual basis for 5- year increments. The excel spreadsheet will be formatted as a deliverable and tool for ongoing use. An allowance budget number is included and a detailed cost will be prepared later. 7.4 Project Prioritization CIP Plan Building off the assessments and estimates completed in the prior task, WRT will apply the established Equity and Recreation criteria to the CIP to create a 10-year CIP Implementation Plan (prioritization may inform likely projects for the first 5 years). The final document is a professionally produced report presented to the public in English with executive summary highlights translated to Spanish, Muong and Tagalog. • CIP Prioritization Page | 9 Wednesday, June 16, 2021 The CIP spreadsheet will list all 79 parks with their ranking and cost. Sorting functions will allow viewing by equity and non-equity ranking, by park classification, and by Council District. Other PMP attributes such as Flagship status, year built, key amenities, and original condition assessment. • Draft Implementation Plan WRT will prepare the draft plan using the Adobe Creative Suite software to lay out the graphics and text. First an outline will be submitted to confirm the basic components and length. The draft document will be submitted in PDF for review. Any comments will be compiled by the City and provided to WRT with conflicting direction resolved. The preliminary outline assumes the following sections: • Executive Summary • Introduction and Methodology (Creating an Equitable Plan) • Park Assessments (Improving our Parks) • CIP Plan Recommendations (Prioritizing Park Projects) • Final Implementation Plan The final document will reflect comments and be submitted in print and screen resolution PDF format. The original InDesign document files will be provided to the City. COMPENSATION This proposal anticipates tasks 0-3 as well as subtasks 4.1 through 4.3 being fully funded in the initial authorization (Phase One), along with associated reimbursablees. Phase One: Task 0: Project Initiation: $36,970 Task 1 : Measure P Commission Support $93,020 Task 2: Senior Center Operations Study $11,230 Task 3: Outreach $100,625 Task 4: Organizational Training (PROS) $41,000 Reimbursable Exp. (translation, mileage, etc.) $15,000 Total $297,845 The remaining fully-scoped tasks (not including optional services) would require additional budget, as outlined below. Page | 10 Wednesday, June 16, 2021 Future Phase: Task 4: Organizational Training (PROS) $106,500 Task 5: Strategic Plan and CAPRA (PROS) $62,000 Task 6: Initial Assessments and CIP Projects $80,745 Allowance Task 7: Optional Services not submittted Reimbursable Exp. (translation, mileage, etc) $5,000 Total Future Phase $264,245 Total 0-5+Expenses $547,090 SCHEDULE We understand time is of the essence and propose the following schedule to begin May 24, 2021 and extend for up to 12 months. We will revisit the schedule monthly during check-in calls to confirm milestones and make adjustments. Organizational Culture Change 1 Organizational Culture Change Section 1 - Organizational Culture Assessment and Training Development The following proposal is in response to conversations with City of Fresno’s leadership in light of the resolution supporting the passing of Measure P and the future direction of the Parks, After School, Recreation and Community Services (“PARCS”) Department Organizational Culture Change We believe that the roadmap to create a sustainable organizational culture is driven by zealous (internal and external) customer focus and continuous improvement. Thus, we envision this process to not just be a customer service or a leadership training approach rather a true Organizational Culture Change process. The approach is mindful of and sensitive to the enormous pressure and stress faced by staff, especially front line staff, in the parks and out in the field with public safety and public expectations. The intent it to enable staff to respond well under duress and also to celebrate their work and continue to build a positive culture of reward and recognition. Culture of Story-Telling We strongly believe that “To change a culture, we need to change the stories.” Thus, our approach to leadership and customer service is centered on and inspired by the Disney’s approach to story-telling. Our team is comprised of former Disney cast members, TEDx speakers / trainers and experienced parks and recreation professionals. Collectively, we offer the combination of story-telling and public speaking experts. Train The Trainers / Build Internal Capacity To ensure the creation of a sustainable culture that ‘does the right thing when no one is watching’ and ‘inspects what it expects’, it is imperative to build internal capacity. From the start, our goal is to make Fresno staff be the internal champions and advocates to take this forward. From developing content and rolling out the training programs to establishing performance metrics and measuring them as well as updating program content based on staff feedback, every step of the process will be devised and implemented as a team with Fresno staff. City of Fresno, CA 2 Task 1 – Discovery and Observation Starting with meeting key leadership staff, core program team and a cross section of staff at all levels, we will conduct initial discovery sessions to identify key issues, desired outcomes and ensure alignment with common purpose, goals and agency vision / mission. These will be followed by staff observations by utilizing insight from staff conversations and on-site review of current customer service and leadership policies / practices and potential pressure points at facilities or points of operations. Deliverable: Discovery Report and Audit Summary document Task 2 – Internal Organizational Culture Assessment A. Demographic & Recreation Trends Analysis – The Consulting Team will update the demographics and trends data developed in the previously completed Master Plan using census tract demographic data obtained from Environmental Systems Research Institute, Inc. (ESRI), the largest research and development organization dedicated to Geographical Information Systems (GIS) and specializing in population projections and market trends; for comparison purposes data will also obtained from the U.S. Census Bureau, likely from the updated 2020 Census. Additionally, in light of the pandemic and the significant shifts in user behavior and preferences, the Consulting team will update the sports, recreation, and outdoor trends to identify the potential participation base within the community. For the sports and recreation trends, the Consulting Team utilizes the Sports & Fitness Industry Association’s (SFIA) 2020 Study of Sports, Fitness and Leisure Participation, ESRI local market potential, as well as participation trends from the Outdoor Foundation on outdoor recreation trends. B. SWOT Analysis – The Consulting Team members will perform on-site review with PARCS staff to evaluate operational and financial opportunities and constraints. The Consulting Team will work with the staff to develop a SWOT analysis highlighting existing Strengths, Weaknesses, Opportunities and Threats faced by the City as it seeks to expand and grow its offerings. C. Malcom Baldridge Organizational Staff Survey – As part of the Organizational Culture Assessment Process, the Consulting Team will evaluate the culture of the organization to determine organizational readiness and willingness to move forward on key recommendations that could come forward. The Consultant Team will organize and develop a staff and workforce engagement survey modeled after the Malcolm Baldridge Quality Assessment Survey rating the perceptions of employees regarding leading issues in the workplace and is titled “Are We Making Progress” This survey assessment will be developed based on the survey instrument of the Baldridge National Quality Program, a program of the National Institute of Standards and Technology, which is a component of the U.S. Department of Commerce. The questions of the survey are designed to assess the nature and degree of employee engagement in performing the functions and meeting the vision of the organization. 3 Task 3 – Customer Journey Review Utilizing insight from conversations with Department leadership and staff and on-site review of current customer service policies / practices and potential pressure points at facilities or points of operations. This will include a review of the entire customer journey to ensure every touchpoint is reviewed and developed with the only goal of providing a terrific customer experience to all users. Deliverable: Summary document highlighting current situation and strengths / gaps in the current service delivery model. One example of a journey map developed for an area / facility Task 4 - Develop service principles and leadership philosophy Based on staff feedback and intended outcomes, key recommendations for developing a system-wide service delivery and leadership principles will be developed. This will be developed in conjunction with staff as a part of training the trainers not just in delivery but also in development of future training programs. Task 5 - Deliver System-Wide Service delivery model Once accepted, staff training will commence in a phased approach over the course of a year. Training will be in the form of virtual presentations and work-sessions complemented by, where possible, real- time situations. The training will encompass guest service excellence, public speaking and storytelling, leadership and culture development for the entire organization. City of Fresno, CA 4 Task 6 - Establish Performance Metrics for Evaluation In conjunction with CPD staff, the PROS team will develop key metrics to track and demonstrate success. These will be tracked in the course of the year and reviewed on a semi-annual and annual basis to identify customer service success and areas of improvement. These can include elements important to building a consistent organizational culture including but not limited to a customer feedback metrics and ratings, a common purpose, language and quality standards followed by development of a sustainable training model. In addition, PROS has developed a real-time, GPS location based customer feedback app, HAPPi FEET that (www.keephappifeet.com) could be deployed to obtain ongoing customer data (see Section 2 Task 4 for details) Task 7 - Establish Common Language and the Fresno Way These can include elements important to building a consistent organizational culture including, but not limited to a customer feedback metrics and ratings, equity and access framework, a common purpose, language and quality standards followed by development of a sustainable training model. Deliverables: Set of key elements and actions that define the things you always / never do as part of the City of Fresno Task 8 - Training the Trainer Deployment and Follow-up Evaluation Based on feedback obtained from staff, online tools and consulting team observations and alignment to performance metrics, a training evaluation report will be provided. This will also include feedback from internal staff trainers on how to improve the train the trainer process. Towards the end of the 1st year cycle, this will be a work session(s) with key staff to debrief on the key issues and to develop areas of improvement for the following year. This will also include suggested changes in the leadership and customer service experience process and continued areas of deficiencies or key pressure points. Do what you do so well that they will want to see it again and bring their friends. –Walt Disney 5 Section 3 - Strategic Plan Development and CAPRA Assessment Task 1 - Benchmarking Analysis A benchmark analysis will be completed to compare City of Fresno Parks, After School, Recreation and Community Services Department to five (5) other relevant peer agencies with similar size and density regionally. We will work with the Department to identify the 15 key metrics to be surveyed and analyzed, as well as the benchmarked communities and this could be done via information obtained directly from the agencies or from NRPA’s Field Report benchmark database. These metrics include funding and revenue, staffing levels, levels of service, program participation etc. Task 2 - Confirm/Update Vision, Mission and Goals/Objectives The core values guiding the organization along with the supporting vision and mission statements will be developed with senior City staff in a work session. Following this effort, goals/objectives and policies will be established and prioritized. Task 3 – Service Classification and Organizational Structure Development The Consulting Team will evaluate the Department’s core functions and the overall structure to determine how to operate in the most effective functional and efficient manner. The Consulting Team will work with staff to determine essential services, important services, and value-added services based on observations, individual interviews, focus group interviews and operating practices. The outcomes of these work sessions will be: • All services and functions of the agency are classified as (a) Core, (b) Important, or (c) Value-Added based on definitions and criteria agreed upon with the Department. • The Consultant Team will compile the results of into a summary of services and functions by classification. Agency State Jurisdiction Type Population Jurisdiction Size (Sq. Mi.) Population per Sq. Mi. NRPA Gold Medal Winner CAPRA Accredited (Year) LA County CA County 10,400,000 4,751.0 2,189 No OPPORTUNITY Los Angeles CA City 3,999,759 468.7 8,534 No No Miami-Dade FL City/County 2,712,945 2,431.0 1,116 1993, 1987, 1979 Yes (1995) Chicago IL Special District 2,704,958 234.0 11,560 2014 Yes (2012) Mecklenburg County NC City/County 1,054,835 524.0 2,013 2012 Yes (2012) City of Fresno, CA 6 Service Category Description Cost-Recovery Expectations Core Services the agency must provide to meet its mission, and statutory and/or regulatory obligations; maintains valuable assets and infrastructure investments; essential to protect visitor safety; preserves the integrity of natural and cultural resources; reasonably expected and supported (or demanded) by visitors Largely supported by taxes with little or no cost- recovery Important Services the agency should provide or are important to effectively serve visitors; may expand or enhance provision of core services; broadly supported and utilized by visitors, although support may be conditional upon the perceived benefit, quality, and pricing of the services Supported by a balance of taxes & earned revenues Value Added Services the agency may provide when they are fiscally sustainable through visitor support; add value above and beyond what is required or expected of the agency’s core functions; are easy opportunities to integrate alternative providers and operators into providing services at one or more sites Heavily or fully supported by earned revenues The Consulting Team will review staffing needs, improved operational efficiencies, policy development, process improvements, system and technology improvements, and marketing/communication opportunities as a part of this assessment and ultimately recommend the most appropriate staffing levels and the functional organizational structure for the Department’s future growth. 7 Task 4 - CAPRA Review We will integrate Commission for Accreditation of Park and Recreation Agencies (CAPRA) objectives, methods, and standards into the Master Plan where applicable, and make recommendations on actions with the goal of achieving CAPRA certification for the PARCS Department. Task 5 - Strategic Action Plan Development Ultimately, the Strategic Action Plan will be completed with supporting strategies, actions, responsibilities, priorities/timelines and cost estimates. These strategies will be classified as short-term, mid-term or long-term strategies and priorities. City of Fresno, CA 8 Suggested Additions Task 1: HAPPi FEETtm Real-Time Public Input and Customer Feedback App This is a real time, GPS location-based customer feedback app for the community to participate in the Master Plan update process as well as for ongoing feedback in the park system. As technology evolves and more millennials use apps and mobile devices to engage, this will provide for a customized and City of Fresno branded App based tool for the City to obtain feedback from any specific site or GPS location from the diverse community members during the entire planning process. Real-time Customer Service Reporting App – Key Features Real-Time Notification: Predetermined staff (by location) will get instant email notifications of any user feedback to address the issue and this feedback would be helpful with determining site specific needs that can be woven into the plan’s recommendations and CIP as well. Ad-Supported Functionality: The functionality will also include a provision to incorporate banner ads to highlight upcoming meetings / special events and other opportunities for the community to share input in the planning process. Data Dashboards: The information obtained from the app will be accessible to staff through a personalized web portal (www.keephappifeet.com). It will provide the ability to sort and view by specific location thus allowing the city and department leadership to address specific issues or concerns in the planning process. Deliverables: Customized HAPPiFEET – Fresno App Design, Development and Launch 9 City of Fresno, CA 10 Task 2 - Program Services Assessment Program services and special events are the backbone of community service agencies. This assessment will review and update, based on new demographics, trends and public input, how well the City of Fresno aligns itself with community needs. The goal of this process is to provide recreation program enhancements that result in successful and innovative recreation program offerings. Our team will provide insight into recreation program trends from agencies all around the country. The process includes analysis of: • Age segment distribution • Lifecycle analysis • Core program analysis and development • Similar provider analysis/duplication of service • Market position and marketing analysis • User fee analysis for facilities and programs/services • Review of program development process • Backstage support, or service systems and agency support needed to deliver excellent service Ultimately, the outcome of the process will be the creation of a dynamic recreation program plan that results in increased registration, drives customer retention and loyalty, improves customer satisfaction, and increases revenues. Additionally, it will help focus staff efforts in core program areas and create excellence in those programs deemed most important by program participants. The assessment will include analysis of the Department’s level of recreation programs and services in relation to present and future goals, objectives and directives. It will also recommend the best possible providers for programs and services and identify and discern any unnecessary duplication of services through public and private program providers. 11 Fees Section 1 - Organizational Culture Assessment and Training Development Task Fee Range Task 1 – Discovery and Observation $16,000 Task 2 – Internal Organizational Culture Assessment $15,000 Task 3 – Customer Journey Review $10,000 Task 4 - Develop service principles and leadership philosophy $13,000 Task 5 - Deliver System-Wide Service delivery model $80,000 Task 6 - Establish Performance Metrics for Evaluation $2500 Task 7 - Establish Common Language and the Fresno Way $6000 Task 8 - Training the Trainer Deployment and Follow-up Evaluation $5000 TOTAL $147,500 * All Expenses are additional and to be reimbursed at actuals Section 2 - Strategic Plan Development and CAPRA Assessment Task Fee Range Task 1 - Benchmarking Analysis $6000 Task 2 - Confirm/Update Vision, Mission and Goals/Objectives $6000 Task 3 - Service Classification and Organizational Structure Development $15,000 Task 4 - CAPRA Review $10,000 Task 5 - Strategic Action Plan Development $25000 TOTAL $62,000 * All Expenses are additional and to be reimbursed at actuals Suggested Additions: HAPPiFEET App and Program Assessment Task Fee Range Task 1A: HAPPi FEETtm Real-Time Public Input and Customer Feedback App – Development $10,000 Task 1B: HAPPi FEETtm Real-Time Public Input and Customer Feedback App – Annual Maintenance $3000 / annually Task 2 - Program Services Assessment $8,000 * All Expenses are additional and to be reimbursed at actuals DPW-B Short Form Total Fee - Contingency (04-30-14) Page 1 of 4 Exhibit B INSURANCE REQUIREMENTS Consultant Service Agreement between City of Fresno (“CITY”) and Wallace, Roberts and Todd, Inc. (“CONSULTANT”) Measure P Implementation PROJECT TITLE MINIMUM SCOPE OF INSURANCE Coverage shall be at least as broad as: 1. The most current version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG 00 01, providing liability coverage arising out of your business operations. The Commercial General Liability policy shall be written on an occurrence form and shall provide coverage for “bodily injury,” “property damage” and “personal and advertising injury” with coverage for premises and operations (including the use of owned and non-owned equipment), products and completed operations, and contractual liability (including, without limitation, indemnity obligations under the Agreement) with limits of liability not less than those set forth under “Minimum Limits of Insurance.” 2. The most current version of ISO *Commercial Auto Coverage Form CA 00 01, providing liability coverage arising out of the ownership, maintenance or use of automobiles in the course of your business operations. The Automobile Policy shall be written on an occurrence form and shall provide coverage for all owned, hired, and non-owned automobiles or other licensed vehicles (Code 1- Any Auto). If personal automobile coverage is used, the CITY, its officers, officials, employees, agents and volunteers are to be listed as additional insureds. 3. Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. 4. Professional Liability (Errors and Omissions) insurance appropriate to CONSULTANT’S profession. Architect’s and engineer’s coverage is to be endorsed to include contractual liability. MINIMUM LIMITS OF INSURANCE CONSULTANT, or any party the CONSULTANT subcontracts with, shall maintain limits of liability of not less than those set forth below. However, insurance limits available to CITY, its officers, officials, employees, agents and volunteers as additional insureds, shall be the greater of the minimum limits specified herein or the full limit of any insurance proceeds available to the named insured: 1. COMMERCIAL GENERAL LIABILITY: (i) $1,000,000 per occurrence for bodily injury and property damage; (ii) $1,000,000 per occurrence for personal and advertising injury; (iii) $2,000,000 aggregate for products and completed operations; and, DPW-B Short Form Total Fee - Contingency (04-30-14) Page 2 of 4 (iv) $2,000,000 general aggregate applying separately to the work performed under the Agreement. 2. COMMERCIAL AUTOMOBILE LIABILITY: $1,000,000 per accident for bodily injury and property damage. OR* PERSONAL AUTOMOBILE LIABILITY insurance with limits of liability not less than: (i) $100,000 per person; (ii) $300,000 per accident for bodily injury; and, (iii) $50,000 per accident for property damage. 3. WORKERS’ COMPENSATION INSURANCE as required by the State of California with statutory limits. 4. EMPLOYER’S LIABILITY: (i) $1,000,000 each accident for bodily injury; (ii) $1,000,000 disease each employee; and, (iii) $1,000,000 disease policy limit. 5. PROFESSIONAL LIABILITY (Errors and Omissions): (i) $1,000,000 per claim/occurrence; and, (ii) $2,000,000 policy aggregate. UMBRELLA OR EXCESS INSURANCE In the event CONSULTANT purchases an Umbrella or Excess insurance policy(ies) to meet the “Minimum Limits of Insurance,” this insurance policy(ies) shall “follow form” and afford no less coverage than the primary insurance policy(ies). In addition, such Umbrella or Excess insurance policy(ies) shall also apply on a primary and non-contributory basis for the benefit of the CITY, its officers, officials, employees, agents and volunteers. DEDUCTIBLES AND SELF-INSURED RETENTIONS CONSULTANT shall be responsible for payment of any deductibles contained in any insurance policy(ies) required herein and CONSULTANT shall also be responsible for payment of any self- insured retentions. Any deductibles or self-insured retentions must be declared on the Certificate of Insurance, and approved by, the CITY’S Risk Manager or his/her designee. At the option of the CITY’S Risk Manager or his/her designee, either: (i) The insurer shall reduce or eliminate such deductibles or self-insured retentions as respects CITY, its officers, officials, employees, agents and volunteers; or DPW-B Short Form Total Fee - Contingency (04-30-14) Page 3 of 4 (ii) CONSULTANT shall provide a financial guarantee, satisfactory to CITY’S Risk Manager or his/her designee, guaranteeing payment of losses and related investigations, claim administration and defense expenses. At no time shall CITY be responsible for the payment of any deductibles or self- insured retentions. OTHER INSURANCE PROVISIONS/ENDORSEMENTS The General Liability and Automobile Liability insurance policies are to contain, or be endorsed to contain, the following provisions: 1. CITY, its officers, officials, employees, agents and volunteers are to be covered as additional insureds. CONSULTANT shall establish additional insured status for the City and for all ongoing and completed operations by use of ISO Form CG 20 10 11 85 or both CG 20 10 10 01 and CG 20 37 10 01 or by an executed manuscript insurance company endorsement providing additional insured status as broad as that contained in ISO Form CG 20 10 11 85. 2. The coverage shall contain no special limitations on the scope of protection afforded to CITY, its officers, officials, employees, agents and volunteers. Any available insurance proceeds in excess of the specified minimum limits and coverage shall be available to the Additional Insured. 3. For any claims related to this Agreement, CONSULTANT’S insurance coverage shall be primary insurance with respect to the CITY, its officers, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by the CITY, its officers, officials, employees, agents and volunteers shall be excess of CONSULTANT’S insurance and shall not contribute with it. CONSULTANT shall establish primary and non-contributory status by using ISO Form CG 20 01 04 13 or by an executed manuscript insurance company endorsement that provides primary and non-contributory status as broad as that contained in ISO Form CG 20 01 04 13. The Workers’ Compensation insurance policy is to contain, or be endorsed to contain, the following provision: CONSULTANT and its insurer shall waive any right of subrogation against CITY, its officers, officials, employees, agents and volunteers. If the Professional Liability (Errors and Omissions) insurance policy is written on a claims-made form: 1. The retroactive date must be shown, and must be before the effective date of the Agreement or the commencement of work by CONSULTANT. 2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Agreement work or termination of the Agreement, whichever occurs first, or, in the alternative, the policy shall be endorsed to provide not less than a five (5) year discovery period. 3. If coverage is canceled or non-renewed, and not replaced with another claims- made policy form with a retroactive date prior to the effective date of the Agreement or the commencement of work by CONSULTANT, CONSULTANT must purchase DPW-B Short Form Total Fee - Contingency (04-30-14) Page 4 of 4 “extended reporting” coverage for a minimum of five (5) years after completion of the Agreement work or termination of the Agreement, whichever occurs first. 4. A copy of the claims reporting requirements must be submitted to CITY for review. 5. These requirements shall survive expiration or termination of the Agreement. All policies of insurance required herein shall be endorsed to provide that the coverage shall not be cancelled, non-renewed, reduced in coverage or in limits except after thirty (30) calendar days written notice by certified mail, return receipt requested, has been given to CITY. CONSULTANT is also responsible for providing written notice to the CITY under the same terms and conditions. Upon issuance by the insurer, broker, or agent of a notice of cancellation, non-renewal, or reduction in coverage or in limits, CONSULTANT shall furnish CITY with a new certificate and applicable endorsements for such policy(ies). In the event any policy is due to expire during the work to be performed for CITY, CONSULTANT shall provide a new certificate, and applicable endorsements, evidencing renewal of such policy not less than fifteen (15) calendar days prior to the expiration date of the expiring policy. VERIFICATION OF COVERAGE CONSULTANT shall furnish CITY with all certificate(s) and applicable endorsements effecting coverage required hereunder. All certificates and applicable endorsements are to be received and approved by the CITY’S Risk Manager or his/her designee prior to CITY’S execution of the Agreement and before work commences. All non-ISO endorsements amending policy coverage shall be executed by a licensed and authorized agent or broker. Upon request of CITY, CONSULTANT shall immediately furnish City with a complete copy of any insurance policy required under this Agreement, including all endorsements, with said copy certified by the underwriter to be a true and correct copy of the original policy. This requirement shall survive expiration or termination of this Agreement. 7 5 6 REPORT TO THE PARKS, RECREATION, AND ARTS COMMISSION DATE: July 19, 2021 FROM: Kimberly McCoy, Chair SUBJECT: Hearing - Commission ad hoc subcommittees, assignments and/or appointments 7 5 7 REPORT TO THE PARKS, RECREATION, AND ARTS COMMISSION DATE: July 19, 2021 FROM: BRIANA PARRA, CMC, City Clerk, Office of the City Clerk SUBJECT: Hearing – Approval of the Parks, Recreation and Arts Commission meeting schedule through the end of 2021 ATTACHMENTS: 2021 Meeting Calendar Parks, Recreations, and Arts Commission calendar 2021 Aug 2021 S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Sep 2021 S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Oct 2021 S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Nov 2021 S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Dec 2021 S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 The Parks, Recreations, and Arts Commission meets the 1st and 3rd Monday of each month at 5:30 P.M.