09.24.18 PRAB PacketPARKS & RECREATION ADVISORY BOARD
City Council Chambers, 1777 Arapahoe Avenue
6:00 p.m., September 24, 2018
100 Years of Excellence
Boulder Parks & Recreation
Advisory Board Members 2018
Tom Klenow (Chair)
Jennifer Kovarik (Vice-Chair)
Allison Fronzaglia
Mary Scott
Raj Seymour
Valerie Yates
Pamela Yugar
Mission Statement
BPRD will promote the health and well-
being of the entire Boulder community
by collaboratively providing high- quality
parks, facilities and programs.
Vision Statement
We envision a community where every
member’s health and well- being is
founded on unparalleled parks, facilities
and programs.
Goals of the Master Plan
1. Community Health and Wellness
2. Taking Care of What We Have
3. Financial Sustainability
4. Building Community
5. Youth Engagement
6. Organizational Readiness
For more information on BPRD Master
Plan visit the City of Boulder web site
at: https://bouldercolorado.gov/pages/
parks-recreation-master-plan
AGENDA
All agenda times are approximate
I. APPROVAL OF AGENDA (6:00)
II. FUTURE BOARD ITEMS AND TOURS (6:01)
III. PUBLIC PARTICIPATION (6:03)
This portion of the meeting is for members of the public to communicate ideas or concerns
to the Board regarding parks and recreation issues for which a public hearing is not scheduled
later in the meeting (this includes consent agenda). The public is encouraged to comment on
the need for parks and recreation programs and facilities as they perceive them. All speakers
are limited to 3 minutes. Depending on the nature of your matter, you may or may not receive
a response from the Board after you deliver your comments. The Board is always listening to
and appreciative of community feedback.
IV. CONSENT AGENDA (6:15)
A. Approval of minutes from August 27, 2018
B. Parks and Recreation Development and Operations Update
V. ITEMS FOR ACTION (6:20)
A. Public Hearing and Consideration of a Motion to Approve an Agreement for Boulder Creek Festival® Production Services
VI. ITEMS FOR DISCUSSION/INFORMATION (6:35)
A. Boulder Creek Festival Production Contract
VII. MATTERS FROM THE DEPARTMENT (7:10)
A. WRAB Aquatics Nuisance Species Update
B. Operating Budget Update
VIII. MATTERS FROM BOARD MEMBERS (7:40)
A. Ecosystems, Climate Change and Community Well-Being – Joint Advisory Board Meeting Update
B. PRAB New Member Mentor/On-Boarding
C. PRAB Retreat Agenda Review
D. PRAB Application Review
E. PRAB Community Engagement Updates (verbal)
This portion of the meeting is for members of the board to report on PRAB’s annual work
plan goal of each member: attending two or more parks and recreation-related community
activities per month; promoting parks and recreation through social media; attending site
tours; and supporting the department’s partnership initiatives.
IX. NEXT BOARD MEETING: October 22, 2018
X. ADJOURN
PARKS & RECREATION ADVISORY BOARD
100 Years of Excellence
Future Board Items 2018
January 22
• Service Delivery Update (d/i)
• Public Restrooms in Parks (d/i)
• Boulder County Farmers Market
(md)
• PRAB Letter to Council Update (mb)
• Board Recruitment (mb)
• PRAB Community Engagement (mb)
February 26
• Boulder County Farmers Market
License (a)
• Boulder County Farmers Market
Update (d/i)
• Scott Carpenter McCarty Ditch
Easement (d/i)
• Updates to the Integrated Pest
Management Policy (d/i)
• PRAB Community Engagement (mb)
April 2 (rescheduled March meeting)
• Boulder County Farmers Market
License (a)
• Agreement with BVSD Regarding
Collaborative Efforts for Summer
Learning and YSI (d/i)
• Urban Forest Strategic Plan (d/i)
• Xcel Energy Property Rights
Agreement (md)
• Universal Design Project (md)
• PLAY Foundation Update (mb)
• New Member Orientation (mb)
• PRAB Community Engagement (mb)
• Outgoing Member Comments (mb)
April 23
• Board appointments (p)
• Election of officers (p)
• First meeting for new Board
members (p)
• Agreement with BVSD Regarding
Collaborative Efforts for Summer
Learning and YSI (a)
• Contract for Concession Services
at Flatirons Golf Course (a)
• 2019-2024 CIP (1st touch) (d/i)
• Amendment to the Contract for
Concessions Services at Flatirons
Golf Course (d/i)
• Board Liaison Discussion (mb)
• PRAB Community Engagement (mb)
June 4 (rescheduled May meeting)
• Urban Forest Strategic Plan (a)
• 2019-24 CIP (2nd touch) (d/i)
• Foothills Parkeway Bicycle and
Pedestrian Underpass (md)
• Asset Management Program
(AMP) Team Overview (md)
• Budget Update (md)
• PRAB Community Engagement (mb)
June 25
• 2019-24 CIP (3rd touch) (a)
• Harbeck-Bergheim House
Community Engagement Update
(md)
• Operating Budget Update (md)
• 2019-24 Greenways Capital
Improvement Program (mb)
• PRAB Community Engagement (mb)
July 23
• Election of Vice-Chair (p)
• Central Boulder Planning Update
(md)
• Harbeck-Bergheim House
Engagement Outcomes (md)
• Mobile Vending Update (md)
• PRAB Community Engagement (mb)
August 27
• Prairie Dog Working Group
Update (d/i)
• Cyclocross Guidelines (md)
• Civic Area Bookend PRAB Liaison
(mb)
• EAB Joint Meeting Preparation
(mb)
• PRAB Retreat Planning (mb)
• PRAB Community Engagement (mb)
September 24
• Boulder Creek Festival Contract
(a)
• Boulder Creek Festival Contract
(d/i)
• WRAB Aquatics Nuisance Species
Update (md)
• Operating Budget Update (md)
• EAB Board Update (mb)
• PRABNew Member Onboard (mb)
• PRAB Retreat Agenda Review
(mb)
• PRAB New Member Application
Review (mb)
• PRAB Community Engagement (mb)
PARKS & RECREATION ADVISORY BOARD
100 Years of Excellence
LEGEND
Procedural Item: (p): An item requiring procedural attention
Consent Item (c): An item provided in written form for consent, not discussion by the Board; any consent
item may be called up by any Board member for discussion during the matters
from the department
Action Item (a): A public hearing item to be voted on by the Board (public comment period provided)
Disc/Info Item(d/i): An item likely to become a future action item (or council item) and/or that benefits from
an in-depth presentation of background, financial/social/environmental impacts, public
process, staff analysis and next steps (e.g., presentation of major project initiative)
Matters from Dept (md): Items that will be reviewed and discussed during the meeting but not requiring the level
of in-depth analysis of an action or discussion/information item
Matters from the Bd (mb): Items initiated by the Board that will be reviewed and discussed during the meeting but
not requiring the level of in-depth analysis of an action or discussion/information item
October 22
• Boulder Reservoir Concession
Lease (d/i)
• 2019 Operating Budget and
Recreation Fee Update (d/i)
• Harbeck – Bergheim House
Update (md)
• Guidelines for Cyclocross in Urban
Parks (md)
• Options to Update and Improve
the City’s Mosquito Management
Program (md) Please confirm
given Council adjustments
• PRAB Retreat Follow Up (mb)
• PRAB Community Engagement (mb)
November 26
• Boulder Reservoir Concession
Lease (a)
• Capital Project Update (md)
• PRAB Retreat Follow Up (mb)
• PRAB Goals for City Council Work
Session (mb)
• PRAB Community Engagement (mb)
December 17
• Asset Management Plan (md)
• Finalize 2019 PRAB Work Plan (mb)
• PRAB Community Engagement (mb)
Future Board Items 2018 - continued
PARKS & RECREATION ADVISORY BOARD
100 Years of Excellence
COMMUNITY TOUCHES - The City has recently been working on an update to the calendar of all city events
for community use. Please view the calendar online for all of the latest updates for upcoming events. We are
encouraging staff and the community to be aware of and use the new tool.
https://bouldercolorado.gov/calendar
The event list can be filtered to see only Parks and Recreation events by choosing ‘Recreation’ from the dropdown
menu at the top of the page, and then clicking on the submit button.
If you would like more information about any of the events, just use the link above and select the event you are
interested in. Additional information will appear at the botton of the page with a link directly to the event web page.
Below is a sample of what you will see, once filtered. For live links or the most up to date information, please use the
link above.
PARKS & RECREATION ADVISORY BOARD
100 Years of Excellence
3198 Broadway, Boulder, CO 80304 | www.boulderparks-rec.org | O: 303-413-7200
TO: Parks and Recreation Advisory Board
FROM: Yvette Bowden, Director, Parks and Recreation Department
Ali Rhodes, Deputy Director
Jeff Haley, Planning, Design and Community Engagement Manager
SUBJECT: Consent Agenda
DATE: September 24, 2018
A. Approval of Minutes from August 27, 2018
B. Parks and Recreation Development Update
The following information is intended to provide the PRAB with relevant updates on specific
projects as they reach major milestones. This section is not all inclusive of all current projects
and only illustrates major project updates. For a complete list of all current projects and details,
please visit www.BoulderParkNews.org.
Planning and Design
The following projects are currently in the planning and design process that involves research,
alternatives analysis, public involvement and development of planning documents and design
plans to guide decision making and future capital improvements.
• Harbeck-Bergheim House: At the request of the community, the project timeline for the
Harbeck-Bergheim House project has been extended to complete additional research
necessary for the decision-making process. Project phases will remain the same but the
extended timeline will allow for additional community touchpoints. Staff is currently
acquiring information such as a property inspection, appraisal and an interior contributing
feature study to continue analyzing needs and opportunities. The PRAB will be updated
prior to October 25th when an Information Packet item will be shared with City Council.
In an effort to determine the origin and/or authenticity of the Tiffany-styled window in
the Harbeck-House, the Boulder Historical Society (BHS) has agreed to follow up with
the Metropolitan Museum of Art in New York City, home of the Tiffany Archives, to
determine whether archival information about the Harbeck-Bergheim House window
exists.
• Engagement Coordination Committee: Based on recommendations made by the Public
Participation Group, trainings to develop staff skills around coordinated and consistent
community engagement processes has been initiated. Later this year, a longer and more
in-depth training and tool sharing training will be implemented.
3198 Broadway, Boulder, CO 80304 | www.boulderparks-rec.org | O: 303-413-7200
•Scott Carpenter Outdoor Pool Redevelopment: The development of construction
drawings for the renovation of Scott Carpenter Outdoor Pool began after receiving
PRAB’s approval in January 2017. The final construction plans are near completion and
approval. With the necessary approvals, the construction bid for the project is expected to
be issued in fall 2018 with construction expected to begin in early 2019. The pool re-
opening is anticipated in 2020.
Scott Carpenter Outdoor Pool Site Plan and Architecture
The city and the Parks and Recreation Department recognize that Scott Carpenter Pool is
a popular summer destination and that its presence will be missed during the 2019
summer construction. Staff will be meeting with pool user groups in September 2018 to
identify alternative options to minimize impacts in 2019. These conversations are also an
opportunity for community members and interested user groups to share their thoughts
about future pool programming.
Initial planning and design for the redevelopment project began in 2016. The project is an
opportunity for the Department to address maintenance needs highlighted in the 2015
Aquatics Feasibility Plan (AFP). The AFP identified the facility as being in poor
condition. The redevelopment of the pool is also an opportunity to address documented
unmet swimming and aquatics needs in the community.
The redevelopment of Scott Carpenter is being funded through the department’s Capital
Improvement Program (CIP), the renewal of the Community, Culture, and Safety Tax
(CCS), and the Development Excise Tax (DET).
More information about the project can be found one the Scott Carpenter webpage.
3198 Broadway, Boulder, CO 80304 | www.boulderparks-rec.org | O: 303-413-7200
•Planning Projects Underway: Staff or consultants continue to work on the following
projects and will update the PRAB as major milestones are achieved:
o Asset Management Program;
o Beehive Asset Management Software Implementation;
o Boulder Reservoir South Shore Site Management Plan;
o Civic Area East Bookend; and
o Design Standards Manual (previously Parks Planning, Construction, Operations
and Maintenance Manual).
Construction
The following projects are scheduled for construction, under construction or have been recently
completed. For additional details please visit www.BoulderParkNews.org.
•North Boulder Park Tot Track: The tot track is complete and has quickly become a
neighborhood favorite. The donor plaque will be installed during a spring 2019
commemoration ceremony.
•Boulder – Nablus Sister City Project: In 2016, City Council established Nablus as a
Sister City. Nablus, sometimes called Nābulus, is a Palestinian city with a population of
134,000 located in the northern West Bank, approximately 63 kilometers (39 mi) north of
Jerusalem. Located strategically between Mount Ebal and Mount Gerizim, it is the capital
of the Nablus Governorate and is a Palestinian commercial and cultural center.
A number of historic monuments can be found in the old city of Nablus, including the
Khan al-Tujjar and the al-Manara Clock Tower built in 1906. Nablus is a commercial
trade center dealing in traditional industries such as the production of soap, olive oil and
handicrafts. Other industries include furniture production, tile production, stone
3198 Broadway, Boulder, CO 80304 | www.boulderparks-rec.org | O: 303-413-7200
quarrying, textile manufacturing and leather tanning. The city is also a regional trading
center for live produce. Most of these industries are centered in the old city.
A new tile representing Nablus has been designed by artists Jessica Sauther and Christian
Muller. Christian is the local Boulder artist who designed the original tiles for the Sister
City Plaza located in front of the Municipal Building as well as the Gilbert White flood
marker near Boulder Creek. The new tile is a peaceful representation of Boulder’s newest
sister city. The design has been approved and is in production with expected installation
in the Sister City Plaza this October.
• East Boulder Community Park Parking Lot Improvements: As part of the 2018 CIP,
the northeast parking lot at the East Boulder Community Park is currently being
renovated to address deficiencies and on-going maintenance needs. In addition to
resurfacing the lot, the renovation will provide drainage improvements and concrete pads
in areas of high traffic and high use. Construction is expected to be completed by the end
of September 2018.
3198 Broadway, Boulder, CO 80304 | www.boulderparks-rec.org | O: 303-413-7200
East Boulder Community Park Parking Lot Renovations
• Construction Projects Underway: Staff or contractors continue to work on the
following projects and will update the PRAB as major milestones are achieved:
o Boulder Reservoir Visitor Services Center;
o Lighting Ordinance Compliance; and
Natural Lands
The following projects, focused on habitat and wildlife management in an urban environment,
are currently being managed by the Urban Resources staff:
• Integrated Pest Management (IPM) and Restoration: Three new human cases of West
Nile Virus (WNv) were confirmed from the Longmont area, bringing the number of cases
reported in Boulder County this year up to six. No deaths have been reported. Although
the risk of contracting WNv is low, people should continue taking precautions to avoid
bites until the first hard frost. This is the last week of mosquito trapping and therefore,
this is the final report of the season.
• Regulations and Seasonal Wildlife Closures: Preble’s Meadow Jumping Mouse
(Preble’s) was identified on a park site. Preble’s is on the U.S. Fish and Wildlife Service
Federal List of Endangered and Threatened Wildlife with regulatory protections in place.
Staff is exploring what this discovery means for management of the area.
3198 Broadway, Boulder, CO 80304 | www.boulderparks-rec.org | O: 303-413-7200
All seasonal bird and frog closures have been lifted. Annual reporting of wildlife in the
closure areas is in process.
• Natural Lands Projects Underway: Staff or contractors continue to work on the
following projects and will update the PRAB as major milestones are achieved:
o Natural Lands Volunteer Recruitment and Training; and
o Urban Wildlife Management.
C. Operations Update
2018 Dog Dayz and Expo: After two weeks, Dog Dayz at Scott Carpenter Pool wrapped up on
Sunday, September 23rd. The 2018 Expo and Flying High Dog jump competition drew over 750
dog guardians and spectators and 14 pet-friendly vendors, a food truck, and live music. The Dog
Dayz Photo contest was a great success and provided opportunities for participants to win prizes
while also promoting the event.
Recreation Center Annual Maintenance Shutdowns:
Last month, the North Boulder Recreation Centers (August 11-19) and East Boulder Community
Center (August 25 - September. 3) were closed for annual preventative maintenance and building
enhancement work. Annual closures are scheduled during times of historical low visitation and
when outdoor facilities such as Spruce Pool, Scott Carpenter Pool and the Boulder Reservoir can
provide additional recreation opportunities. In addition to the replacement of weight room
equipment described in the August consent agenda, 2018 facility maintenance highlights include:
East Boulder Community Center:
• Deep cleaning of carpets, tile floors, pool deck floors, equipment and building
exterior;
• Refinish of wood gymnasium floors with water-based floor finish and painting of
lines for 3rd pickleball court;
• Testing of alarms, fire extinguishers, and emergency lighting;
• Repair of window shades, ceiling tiles, and shower fixtures;
• Replacement of televisions in weight room and ropes on climbing wall;
• Replacement of locker room benches and installation of new benches around leisure
pool;
• Repair and re-grout of hot tub tile; and
• Touch up paint.
North Boulder Recreation Center:
• Deep cleaning of carpets, tile floors, pool deck floors, equipment and building
exterior;
• Refinish of wood gymnasium floors and multipurpose rooms with water-based floor
finish;
• Flooring repair in locker rooms and re-grit of leisure pool deck;
• Replacement of skylights in lap pool;
3198 Broadway, Boulder, CO 80304 | www.boulderparks-rec.org | O: 303-413-7200
• Roofing repairs and carpet replacement in gymnastics area;
• Flooring replacement in Aquatics office;
• Outdoor lighting improvements;
• Replacement per warranty of weight room flooring;
• Replacement of locker room benches;
• Repair and re-grout of hot tub tile; and
• Touch up paint.
CITY OF BOULDER
BOULDER, COLORADO
BOARDS AND COMMISSIONS MEETING MINUTES
To listen to the Parks and Recreation Advisory Board meetings in their entirety, please go to the following link:
www.boulderparks-rec.org
Name of Board/Commission: Parks and Recreation Advisory Board
Date of Meeting: August 27, 2018
Contact Information Preparing Summary: Sarah DeSouza, 303-413-7223
Board Members Present: Tom Klenow, Jennifer Kovarik, Mary Scott, Pamela Yugar, Raj
Seymour and Val Yates
Board Members Absent: None
Staff Present: Yvette Bowden, Alison Rhodes, Jeff Haley, Tina Briggs, Mora Carrillo, Joy
Master, Dennis Warrington, Keith Williams
Guests Present: Val Matheson, Senior Urban Wildlife Coordinator; Heather Swanson, OSMP;
Alli Fronzaglia, newly appointed PRAB member
Type of Meeting: Advisory/Regular
Agenda Item 1: Call to Order
The meeting was called to order at 6:00 p.m.
Agenda Item 2: Future Board Items and Tours
Bowden reviewed upcoming community touch opportunities. These events can be found at
www.BoulderParks-Rec.org
Agenda Item 3: Public Participation
Pete Webber, Boulder resident, Executive Director of Boulder Junior Cycling and former member
of the PRAB, spoke in support of the proposed cyclocross guidelines to assist in creating a safe
environment for all cyclists and park visitors.
Deb McCabe, Boulder resident and member of Boulder Community Rowing, spoke in support of
the upcoming improvements at the Boulder Reservoir including the improved ADA access onsite.
She spoke in support of promoting a partnership at the Reservoir to improve short and long term
rowing boat storage and community facilities needs onsite.
Agenda Item 4: Consent Agenda
A.Approval of Minutes from July 23, 2018
Minutes from July 23, 2018 were approved as amended.
B.Parks and Recreation Development and Operations Update
PRAB members made the following comments about this item:
•Kudos to the department for the tot track at North Boulder Park facility.
•Clarification about the Harbeck-Bergheim House open house/tour on August 28, 2018
•How soon will the virtual tour be posted on the project website?
Agenda Item 5: Action Item
No action items were presented this month.
• Does the city contract with the facilitator for other city facilitation work?
• What is an example of a first priority request for prairie dog relocation?
• Commended the working group on all its hard work.
• Why is this city taking on the development of this very in depth, careful plan for the benefit
of developers?
• Why shouldn’t the developers have to pay for the costs instead of the city?
• If we are serious about protecting the eco-systems, these populations have developed in
natural way and they have other predators that depend on them, seems overwhelming to be
taking on this amount of managing and relocating just to allow further development in
Boulder.
• Love the sensitivity of the plan, but not the idea of the plan (seconded by another PRAB
member).
• Do not support the recommendations of the plan.
• Amazing job on the plan.
• When you came up with this part of the process, has this thought been raised before (not
supporting the recommendation due to the onus on the city as opposed to developers)?
• Is there an option for some of the prairie dogs that need to be relocated to be used as
natural food for other wildlife?
• Are the conditions for requesting to remove prairie dogs the same as for the removal of
other wildlife?
• Was the Boulder County Health Department consulted during the development of these
recommendations?
• Recommendation: as we consider feasibility, involve the Boulder County Health
Department
• Is there an idea of how many prairie dog communities there will be and how this relates to
the number of available prairie dog relocations sites?
• Are we moving prairie dogs to sites that will have imminent development resulting in the
need to move them again?
• Has research already been done on pesticides and best practices regarding pesticides and
environmental impacts?
• Has the city studied the black footed ferret species to determine its projected population
growth and how this will impact the prairie dog relocation policy?
• How many times does a prairie dog have to be vaccinated/baited by Delta Dust?
• Plan and recommendations seem expensive and intensive.
• Packet and plan are thoughtful and deep.
• Concerned about the challenges associated with implementing the plan.
• Understand the inherent conflicts that led to the need for the plan.
• Concern about plague and impact on humans.
• Concern about the wide spread use of Delta Dust.
• Concern about how close housing is to the prairie dog sites at Foothills Community Park.
• Hear stories about prairie dogs getting trapped in window wells near this location.
• Plague is very treatable in humans and mainly impacts the prairie dogs.
• Fear of “plague”.
• Concern is more for the animals than for human impacts of plague.
• The money spent on this one species or one issue could negatively impact the city’s ability
to address other issues with reduced funding or limited staff resources.
• Prairie dogs serve an important role in the ecosystem.
• There is a city of Boulder ordinance that protects prairie dogs.
• No protection for prairie dogs at the state or federal level.
• Are prairie dogs considered an endangered species?
• Don’t support the recommendations due to the amount of city work and resources
involved.
• Developers need to assume the costs. Or, if the site is problematic due to the presence of
prairie dogs, then “so be it”.
• It should not be the city’s responsibility to make the land developable for the builders.
• Same should apply if a city department wants to develop a site that is inhabited by prairie
dogs, site shouldn’t be developed.
• Not supportive of relocation of prairie dogs to sites that are likely to be developed in the
future.
• Support the current recommendations because they are very broad and thoughtful.
• Direction is to develop a framework in which the city can operate more consistently.
• This has served as an effective process to achieve the consistent framework.
• Agree with the current approach and recommendation.
• Costs, particularly to commercial developers, need to be borne by those commercial
interests.
• Middle class people are bearing the brunt at the expense of other city services.
• The materials presented make it difficult to understand the ramifications to the Parks and
Recreation department.
• Is there additional information or clarification about how the recommendations would
impact parks and recreation properties explicitly?
• Is the department usually a “giver” or “taker” of prairie dogs?
• How do the issues present for the department and what are the ramifications of some of the
specific program elements (Delta Dust on park properties)?
• Parks and recreation projects might be moved lower in prairie dog relocation priority that
could delay some capital projects and increase costs to budgeted capital projects.
• Every property is different and what is on the properties varies.
• The community continues to evolve.
• Using lethal control as a measure to address lack of receiving sites is not an acceptable
policy. It should only be used if it makes sense to support the species or ecosystem as a
whole.
Agenda Item 7: Matters from the Department
A. Guidelines for Cyclocross in Urban Parks
Due to missing attachment, this item will be addressed at the October meeting.
Agenda Item 8: Matters from the Board
A. Civic Area Bookend PRAB Liaison
Bowden presented this item to the Board.
PRAB members made the following comments about this item:
• Valerie Yates, Raj Seymour (possibly)
• More information will be sent out by Bowden prior to the September meeting
B. Ecosystems, Climate Change and Community Well-Being – Joint Advisory Board
Meeting Preparation
From the perspective of your board and its advisory role, what are the 2-3 most significant
ecological issues facing the community in the next 3-5 years?
• Wildfire, loss of urban canopy and pollinator decline
• Development and growth
• Population and growth
• Population and growth
• Creek and water quality
• Plastics
• Wildfire
• Access to water/water rights
• Water infrastructure management plan
• Expense of water (use of all the water in pools/irrigation)
From the perspective of your board, what opportunities do you see to address these issues?
Does your board think we will need to be able to address these issues? What resources do we
need to implement these opportunities?
• Urban Forest Strategic Plan (UFSP)
• Growth paying its own way
• How can other departments support the implementation of UFSP
• Urban canopy is top concern
• There is a plan and support in implementing it is important
• Development as an opportunity to accomplish things (growth paying its own way)
• How can this group share resources or come up with a more integrated approach so the city
doesn’t have competing priorities
• Identify important metrics so that everyone is using the same consistent data to discuss
issues
• Opinion polls by city needs to be more strategic: rather than asking whether the city should
have trees should we be educating the community about the importance of trees?
• There is scientific proof about the value of trees; regardless of the community’s thoughts
• Community is unique around expectation around engagement around issues
• Is the tree issue one that the community should be gently “told”?
C. PRAB Retreat Planning
• Send Doodle poll for Monday, October 15th and Fridays in October (3 pm and later).
• Tour cemetery prior to the retreat?
D. PRAB Community Engagement Update
• Board members attended the following activities/meetings/tours: Leveraged social meda
posts; mentored PRAB members; Harbeck House Tour.
Adjourn: There being no further business to come before the Board at this time, the meeting was
adjourned at 7: 36 p.m.
Approved by: Attested:
_________________________ ________________________
Tom Klenow Sarah DeSouza
Board Chair Board Secretary
Date _____________________ Date ____________________
AGENDA ITEM VI-A, PAGE___1____
C I T Y O F B O U L D E R
PARKS AND RECREATION ADVISORY BOARD AGENDA ITEM
MEETING DATE: September 24, 2018
AGENDA TITLE: Public Hearing and Consideration of a Motion to Approve an
Agreement for Boulder Creek Festival® Production Services
PRESENTERS:
Yvette Bowden, Director, Parks and Recreation
Alison Rhodes, Deputy Director, Parks & Recreation
Margo Josephs, Manager of Community Outreach and Partnerships
Justin Greenstein, Special Events Manager
EXECUTIVE SUMMARY:
This item seeks the Parks and Recreation Advisory Board’s (PRAB) review and
considered approval of an agreement covering contracted production services for the
Boulder Creek Festival®, a City of Boulder event.
The term of the agreement is beyond one-year, thereby requiring PRAB approval, and
would:
• Specify the contractual relationship between the city and Team Player
Productions LLC regarding production services; and
• Allow for that entity to begin sponsorship sales, coordination with the local
business community and vendors and logistics preparation for the first Boulder
Creek Festival® event during this term scheduled for May 2019.
BACKGROUND:
For more than 30 years, the City of Boulder has hosted the Boulder Creek Festival® (the
Festival), a City of Boulder special event, each Memorial Day Weekend. Anticipating
Community Culture and Safety Tax (2A)-funded Phase 1 improvements in the Civic
Area, staff notified the then-current event producer in 2015 of forthcoming changes to the
event, during and post-construction. Throughout that construction period (2016-2017),
the Festival was conducted with an amended footprint and staff completed an extensive
review of the Festival’s goals and alignment with council-approved Civic Area Master
Plan direction. Among other changes, that review resulted in the development of six
Boulder-centric attributes (“six element illustration”) desired for the Festival’s future
illustrating the input of staff across the city and external partners such as the Downtown
Boulder Partnership and the Boulder Convention and Visitors’ Bureau.
AGENDA ITEM VI-A, PAGE___2____
Six element illustration includes:
1. Boulder Creek celebratory anchor (event should pay homage to the community’s
beloved Boulder Creek and to the community’s value placed on a connection to
nature, environmental responsibility and healthy living);
2. Family and child-friendly experiences and amusements suitable for visitors of
all ages, abilities and backgrounds and across a myriad of interests and incomes;
3. Healthy artisan foods and fare with an emphasis on local brands (locally-sourced
and stylized bites, brews and spirits demonstrating Boulder’s culinary creativity);
4. Local arts and crafts (gallery, competition and/or sale of arts and crafts
accessible to varied incomes and interests);
5. Culturally inclusive music and performances (featuring some segment of local
performers);
6. Imagination/Entrepreneurial pride (highlight experiences featuring Boulder’s
innovative and entrepreneurial spirit).
In addition, the city desires greater collaboration with the concurrently programmed
Boulder County Farmers Market, outreach to Boulder businesses and a revised Festival
footprint. Ultimately, these considerations were developed as a Request for
Qualifications (RFQ) document to be issued by the city’s Purchasing Department.
In March 2018, the city issued the above-referenced RFQ (Attachment A) covering
productions services for the Festival which included the city’s updated expectations for
the Festival, including but not limited to, the six-element illustration above. Staff
convened a panel of city personnel from varied departments and representatives from the
Downtown Boulder Partnership and the Boulder Convention and Visitors Bureau to
participate in the selection process. The production services competitive selection
process included initial responses and finalist organization interviews during which Team
Player Productions, LLC was determined to be the preferred vendor. Good faith
negotiations between that organization and the city have concluded with the attached
Agreement for Boulder Creek Festival® Production Services (Attachment B).
In addition to the factors and considerations above, this agreement provides new city
revenue share opportunity based on Festival financial performance, heightens the city’s
ability to audit Festival performance and sustainability, and references all permitting
requirements under the city’s Special Events Policy. The agreement has a three-year term
with an extension option as the parties might subsequently agree in writing.
COUNCIL FILTER IMPACTS
Environmental:
The contract includes specific guidelines and requirements to ensure that the Contractor
aligns with city Zero Waste practices.
OTHER IMPACTS:
Fiscal:
AGENDA ITEM VI-A, PAGE___3____
The agreement proposes city annual in-kind contributions and apportions remainder
expenses and revenue opportunity assumed by the Contractor including annual damage
deposit, revenue share payment obligations and insurance.
Staff time:
Existing staff will manage all aspects of this Agreement’s city responsibilities.
STAFF RECOMMENDATION:
Suggested Motion Language:
Staff requests PRAB’s consideration of this matter and action in the form of the
following motion:
Motion to approve the Agreement to Contract for Boulder Creek Festival® Production
Services and authorize the City Manager to make minor amendments prior to or during
the term of this agreement to ensure that the Boulder Creek Festival® is managed in a
manner that is consistent with applicable laws and the goals, policies and regulations of
the City of Boulder.
NEXT STEPS:
Staff will consider the PRAB and public’s feedback and make any necessary revisions to
the proposed agreement. Upon that review, staff will present the agreement for City
Manager approval.
ATTACHMENTS:
Attachment A: Request for Qualifications 24-2018 (Bidnet published - March 13, 2018)
Attachment B: Agreement for Boulder Creek Festival Production Services (draft).
CITY OF BOULDER, COLORADO
Finance Department / Purchasing Division
1777 Broadway
P.O. Box 791
Boulder, Colorado 80306
Telephone: 303-441-3232
Email: andrusp@bouldercolorado.gov
RFQ NO. 24-2018
DUE DATE:
Friday, April 13, 2018 @ 4:00 PM
SPECIFICATIONS
FOR
THE CITY OF BOULDER, COLORADO
FOR
The Boulder Creek Festival®
Production Services
FOR INFORMATION CONTACT:
Justin Greenstein
Project Manager
Manager- Events
greensteinj@bouldercolorado.gov
Attachment A
CITY OF BOULDER, COLORADO
NOTICE OF CALL FOR QUALIFICATIONS - RFQ NO. 24-2018
CONSULTING/PROFESSIONAL SERVICES
The City of Boulder, Colorado, is seeking qualifications for qualified companies to
produce, manage and operate The Boulder Creek Festival® ("Festival®"), an annual
event hosted by and held in the City of Boulder celebrating the community, its culture and
unique way of life through open to the public activities over the course of Memorial Day
weekend.
In accordance with the specifications of the RFQ, proposals will be received until 4:00
P.M. Mountain Time, April 13, 2018. Late proposals will not be considered.
The city will only accept electronic submissions in response to this RFQ. Electronic
submissions are required to be considered for an award. Please plan for a maximum file
size of 2GB.
To submit your SOQ online, please visit www.bidnetdirect.com/colorado. The
submission deadline is Friday,April 13, 2018.
If you experience problems submitting your electronic response, please contact the
Bidnet Direct technical support team (800-835-4603) prior to the submission deadline.
The 4:00 pm deadline is a hard stop. You must save your submission to the site before
the deadline or you will be locked out and your submission will not be accepted.
Proposals shall be prepared at the bidder’s expense and become a city record and
therefore a public record.
The services upon which proposals are submitted shall equal or exceed the
specifications outlined in the RFQ. Preference is hereby given to labor, materials,
supplies or provisions produced, manufactured or grown in Colorado, quality and price
being equal to articles or services offered by competitors outside the State of Colorado.
The lowest responsible and best proposal shall be accepted; provided, however, that the
city, acting through its duly authorized representatives, shall have the right to reject any
and all proposals and waive any informality or irregularity contained in said proposal.
Dated March 12, 2018
City of Boulder, Colorado
A Municipal Corporation
By: __________________________________
City Clerk
Introduction
The City of Boulder is pleased to issue this Request for Qualifications (“RFQ”) for qualified
companies to produce, manage and operate The Boulder Creek Festival® ("Festival®"), an
annual event hosted by and held in the City of Boulder celebrating the community, its culture
and unique way of life through open to the public activities over the course of Memorial Day
weekend.
Background
The Boulder Creek Festival® is the City of Boulder's premier annual community event
celebrating the unique aspects of Boulder, including its people, values, and healthy way of life.
The Festival®, held in the Civic Area in the heart of Boulder’s downtown core, is attended by
tens of thousands of visitors and has been a seasonal staple for over thirty years.
Widely considered Boulder’s official summer fun kick-off, the Festival® is intended to promote a
sense of community that is welcoming and friendly. The Festival® draws both the local
community and visitors together to enjoy a variety of experiences illustrative of Boulder’s
unique community of talents, treasures and interests (from family -friendly activities and locally
crafted art and crafts, to generationally and culturally diverse performances and in-park
activities celebrating Boulder’s very best).
Approved by Boulder’s City Council in 2015, the Boulder Civic Area Master Plan undertakes
phased implementation of a 20-year vision of the community’s premier gathering experience.
That plan seeks to enhance the vibrancy, safety and sustainability of the Civic Area for the
community’s long-term needs. The first investment in Boulder’s Civic Area – an $8.7M
expansion of the Civic Area’s Central Park - was made possible by a voter-approved Community
Culture and Safety Tax and was completed in late 2017, with an official opening planned in the
Spring of 2018. This enhancement instigated a reimagining of the Boulder Creek Festival, its
brand, promise and goals giving rise to this RFQ issuance.
As the Civic Area - and Boulder in its entirety - continues to evolve, the Boulder Creek Festival is
primed to play a pivotal role in supporting the City’s and the Community’s reputation
supporting the long-term vibrancy and sustainability of the Civic Area.
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Objective
As stewards of Boulder’s brand and community resources, the City seeks to
identify qualified event production providers interested in producing, managing and operating
an annual high quality, safe, fun and professional Boulder Creek Festival in collaboration with
the City of Boulder as the Presenting entity.
At this important juncture in the Civic Area’s evolution, the City seeks to work collaboratively
with an ultimately successful Respondent to facilitate the Boulder -centric 2 to 3-day
Memorial Day weekend annual event minimally achieving the following event expectations:
•Six element illustration against the City of Boulder’s vision:
1.Boulder Creek celebratory anchor (event should pay homage to the
community’s beloved Boulder Creek and to the community’s value placed on a
connection to nature, environmental responsibility and healthy living);
2.Family and child-friendly experiences and amusements suitable for visitors of
all ages, abilities and backgrounds and across a myriad of interests and
incomes;
3.Healthy artisan foods and fare with an emphasis on local brands (locally -
sourced and stylized bites, brews and spirits demonstrating Boulder’s culinary
creativity);
4.Local arts and crafts (gallery, competition and/or sale of arts and crafts
accessible to varied incomes and interests);
5.Culturally inclusive music and performances (featuring some segment of local
performers);
6.Imagination/Entrepreneurial pride (highlight experiences featuring Boulder’s
innovative and entrepreneurial spirit)
•A welcoming and accessible visiting experience featuring environmentally supportive
practices (alt-mode transportation plan, zero waste, ADA-accessibility);
•Net revenue profitable production contributing to both the selected Respondent’s
business objectives and modestly to the Civic Area’s financial sustainability;
•Inclusive, safe, fun and Boulder-brand complimentary experiences that protect and
enhance the community’s reputation and resources and which are supportive of Boulder’s
local business and tourism goals; and
•Thoughtful, timely and suitable planning (including complianc e with all applicable laws,
regulations, ordinances as well as the City’s Special Event Permitting requirements).
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Minimum Qualifications
In order to be considered for selection, Respondents shall meet or exceed
each of the following minimum qualifications. Responses that do not meet the following
minimum qualifications shall not be considered.
a. General Business Experience, Licensure and Insurability
Respondents must have been in existence as a business for a minimum continuous
period of five (5) years prior to the date of this RFQ. Current or prior business licensure
in the State of Colorado and/or the City of Boulder is preferred but not required.
b. Direct Special Event and/or Festival Experience
Respondents must have at least five to seven (5-7) years of first-hand experience
planning, programming, operating and managing successful pubic festivals, concerts or
events. Emphasis will be placed on direct experience in developing, marketing and
executing concepts which positively profile and reflect the brand, values and uniqueness
of the host venue and/or community.
c. Vision Implementation, Branding/Promotion and Sponsorship Sales
Experience in successfully creating or reinforcing an e vent concept along with a track
record of successfully securing and fulfilling sponsorship funding is necessary.
Additional experience or information related to the strategy used to promote and
evolve a brand is preferred. Method of measuring success to e volve.
d. Financial Viability
Respondents will be expected to demonstrate the financial viability of their enterprise
and the events produced over the most-recent two to three (2-3) year period.
Selection Process and Evaluation Criteria
The Project Coordinator and a committee of City staff along with representatives from the
Downtown Boulder Partnership and the Boulder Convention and Visitors Bureau will evaluate
properly submitted proposals.
The evaluators will consider how well each responsive submission meets the needs and
expectations of the City as described in the vendor’s response to each requirement. It is
important that the responses be clear and complete so that the evaluators can adequately
understand all aspects of the proposal. The City reserves the right to require that a group of 2 -3
finalist organizations interview with a selection team in order to advance to a formal Request for
Proposal. Notice to those organizations should be expected on or before April 27, 2018 with a
final determination tentatively scheduled by June 29, 2018.
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Envisioned Scale, Scope of Services and Business Relationship
1.It is anticipated the City will enter into a three (3) year agreement (2019 -2021), with the
successful Respondent after a post-RFQ formal request for proposal and/or interview
process screening 2-3 finalist organizations. That agreement may be extended as the
parties agree in writing for up to two (2) additional one -year periods. We anticipate
selection and contracting will be completed in the third quarter of 2018.
2.The City and the ultimately selected Respondent will be independent contractors
working collaboratively under a formal agreement. Noting in said agreement will create
or infer an employment or other relationship between the parties.
3.Services will include further conceptualizing, planning, financing, programming,
promoting, operation, management and post-event follow-up of all Festival® activities.
This will include development of Festival® branding, financial plan and pre-event
strategic plan, associated marketing and promotion plans, permitting requirements and
all other efforts to manage, measure and transparently, thoroughly and timely report to
the City on impact and revenue/expense results annually.
4.Respondents should anticipate the City’s concurrent facilitation of other City of Boulder
efforts during the Festival® time period including the potential of other permitted
events over the course of that weekend including but not limited to the permitting of
third-party events including the Bolder Boulder 10K (Memorial Day) and a Farmers’
Market (Saturday morning of Memorial Day weekend). Respondents should consider
how the Boulder Creek Festival might collaborate with and/or compli ment these
activities while illustrating the Festival’s own unique and valued offerings.
5.As host, event owner, Presenting organization and use-area permitting authority, the
City will actively participate in development of the Festival and expect collaboration as it
relates to branding and awareness.
6.The Festival® will be located in the Civic Area of the City of Boulder, Colorado, as
identified in Attachment A – with the event footprint located in Central Park and the
adjoining parking venues surrounding that greenspace. Specific site plans will be
coordinated with the City of Boulder Parks & Recreation Department to appreciate
public space, visitor safety and, if necessary, corporative space sharing with the Boulder
County Farmers' Market and the Bolder Boulder 10K.
7.As always, the City of Boulder will contain risk and appropriately manage public
resources consistent with good governance practices. To that end, the selected
Respondent will provide all necessary services and pay all associated fees require d to
promote, produce, operate, and manage the Festival® in accordance with all applicable
state and local laws and regulations; including but not limited to required permits,
approvals and logistical support costs. City-provided in-kind contributions will be
negotiated in good faith.
6
Description of Program and General Services
The general scope of services includes but is not limited to:
1.Management of all Festival® planning, permitting, operations and post-event follow up
in accordance with city regulations and deadlines.
2.Management and supervision of all Festival® staff, volunteers, vendors, sub -contractors,
musicians and artisans.
3.Timely payment of all identified City of Boulder direct and logistical costs associated
with the Festival®.
4 Creation of an Advertising and Marketing Plan for the Festival® which must
acknowledge and include the City as the Presenter of the Festival® and prominent use of
the City’s logo as authorized by the City in writing.
5.Development and implementation of a zero-waste management plan for the entire
Festival®, in accordance with the city's Ma ster Plan for Waste Reduction and Zero
Waste Resolution.
6.Development and implementation of a multi-modal Festival® transportation plan
that encourages and provides use of alt ernative modes of transportation by Festival®
attendees and vendors.
Project Contact Information
Upon release of this RFQ, all communications concerning this opportunity should be directed to
the Project Coordinator listed below. Unauthorized contact regarding this RFQ with other city
employees may result in disqualification. Any oral communications will be considered unofficial
and non-binding on the city. Interested parties should rely only on written statements issued
by the Project Coordinator.
Name: Project Coordinator
Justin Greenstein, Events Manager
Address: City of Boulder
Parks and Recreation Department
3198 Broadway – Iris Center
Boulder, Colorado 80304
Questions Regarding RFQ
Respondents who request clarification of the RFQ requirements may submit written questions to
the Project Coordinator by April 5, 2018, at 12:00pm MDT. Written copies of all questions and
answers will be available to all Respondents as an addendum to this RFQ via Bidnet. Email
written correspondence to greensteinj@bouldercolorado.gov is required.
7
Content
The proposal must contain all the following information, in the same sequence as presented
below. Each proposal should provide a straightforward and concise presentation adequate to
satisfy the requirements of this RFP. Please limit length of proposal sections to the maximum
pages noted.
RFQ Responsive Submission Materials and Process
The following provides specific instructions for submitting your proposal and (below) specific
sections to include.
Due Date: Electronic responses downloaded to
www.bidnetdirect.com/colorado must be received by no later
than April 13, 2018 at 4:00pm MDT. Late submissions will not be
accepted nor will additional time be granted to a specific entity. All
submissions and accompanying documentation will become the
property of the City and will not be returned. Submitted
materials will be treated as Confidential by the review team.
Number of Copies: One (1) electronic copy of the response, in its entirety, must be
received as specified above.
1.Letter of Introduction and Executive Summary
Include a letter of introduction describing Respondent’s background experience and a general
overview of the submission. The summary should include a representation as to the length of
time Respondent has been in business and documented proof of prior and current business
licensure. The summary must be signed by and contain the name, address, phone number, and
email address of the person authorized to negotiate and execute an Agreement, and the person
authorized to communicate with the City in connection with this RFQ. Submission of the letter
will constitute a representation of Respondent interest in performing the envisioned Festival
event production services defined herein.
2.Overview of Relevant Experience
Describe other contracts, comparable to this contract, which the Respondent has maintained
regarding event management. In particular, this section should be used to outline other
festivals or events undertaken in the last three (3) years. It should include the size and scope of
past festivals. Marketing material or other visual aids may be included. For each, include scale of
event, number and categories of vendors, total dollars generated in sponsorships, total
revenues from subcontracted or leased vendor locations, total food and beverage sales and all
other sources of revenue.
8
3. References
Respondent must provide three (3) references for whom or with whom, they provided
successful festival or event operation and management. Include names, titles, all relevant
contact information and authorization to contact each of the references. Also include the
nature and type of services provided and the year such services were rendered.
4. Overview of Festival Management Vision and Approac h
a.Describe the overall project approach, vision and proposed operation and
management of the Festival®. Include details related to items such as thematic areas
and features that identify how the Festival® will be experienced and otherwise
benefit the community (limit 2 pages).
b.Describe the Respondent's approach to deliver a sustainable and environmentally
friendly-event (limit 1 page).
c.Describe the approach to Safety and Security in the event, emphasizing emergency
incidents. Provide an overview of the steps involved to quickly clear festival grounds
in the event of a shutdown or evacuation (limit 1 page).
Appendices
RFP AMENDMENTS
The City reserves the right to change the schedule or issue amendments to the RFQ at any time.
The City also reserves the right to cancel or reissue the RFQ.
RESPONSE DEVELOPMENT COST
Costs for developing responses to the RFQ or any supplemental RFP or interview -related
submissions are entirely the obligation of the Respondent and shall not be chargeable in any
manner to the City. This includes travel to and from the City of Boulder for the purposes of
participating in interviews as part of the selection process.
WITHDRAWAL OF PROPOSALS
Proposals may be withdrawn at any time prior to the submission time specified in this RFQ,
provided notification is received in writing. Proposals cannot be changed or withdrawn after the
time designated for receipt.
REJECTION OF PROPOSALS – WAIVERS OF INFORMALITIES OR IRREGULARITIES
The City reserves the right to reject any or all proposals, to waive any minor informalities or
irregularities contained in any submission, and to accept any proposal deemed to be in the best
interest of the City.
9
CONTRACT AWARD AND EXECUTION
•The City reserves the right to make an award without further discussion of the proposal
or submission. Therefore, the proposal should be initially submitted on the most
favorable terms the Respondent can offer. It is understood that the proposal will become
a part of the official file on this matter without obligation to the City.
•The general conditions and specifications of the RFQ and as proposed by the City and the
successful response, as amended by agreements between the City and the successful
Respondent, will become part of the contract documents. Additionally, the City will verify
representations that appear in the submission. Failure of the representations made or to
meet the minimum qualifications may result in elimination of the Respondent from
competition or in subsequent contract cancellation or termination.
•The Respondent selected as the apparently successful vendor will be invited and expected
to enter into a contract with the City.
•If the selected Respondent fails to sign the contract within five (5) business days of
delivery of the final contract, the city may elect to cancel the award and award the
contract to the next-highest-ranked entity.
•No cost chargeable to proposed contract may be incurred before receipt of a fully
executed contract.
10
Exhibit A: Event Use Area
CITY OF BOULDER
SERVICES CONTRACT
THIS CONTRACT is made effective this __ day of ________, 20__ by and between
the City of Boulder, Colorado, a Colorado home rule city (the ”City”) and Team Player
Productions (TPP), LLC, a Colorado limited liability corporation (the “Contractor”).
RECITALS
The City is desirous of contracting with one company to produce, manage and operate the
Boulder Creek Festival® (the "Event") during the Memorial Day weekends of 2019, 2020, and 2021;
and
Contractor is a Colorado-based event production and logistics company with over 22
years of experience in the curation, financial modeling, branding, production and measurement
of safe, quality public events for municipalities inside and outside the state of Colorado; and
Having responded to the City’s RFQ No. 24-2018, issued March 12, 2018, and
otherwise expressing interest in production of the Event, Contractor has been selected as the
City’s preferred vendor to produce the Event under the terms of this Contract.
COVENANTS AND CONDITIONS
NOW, THEREFORE, this Contract incorporates and supersedes all prior discussions,
agreements, and undertakings concerning the Use Area and its uses, and in consideration of the
promises and obligations set forth below, the City and Contractor (collectively, the “Parties), agree
as follows:
1. ORDER OF PRECEDENCE
It is agreed that the Request for Qualifications is incorporated herein by reference, is
hereby made a part of this Contract, and each of the Parties agrees to carry out and perform all
of the provisions of said document. In the event of conflicts or inconsistencies between this
Contract and its exhibits or attachments, such conflicts or inconsistencies shall be resolved by
reference to the documents in the following order of precedence:
A.The Contract;
B.The Request for Qualifications
The work to be done under this Contract shall include the furnishings of all
materials, labor and equipment.
Attachment B
Contractor agrees that it shall perform all said services and supply the necessary
materials to the entire satisfaction of the director of the department requesting said work. All
material used and all labor performed shall be subject to the inspection and approval or
rejection of the director of the department requesting said work, or his or her authorized agent.
The City hereby reserves the right to decide all questions arising as to the proper
performance of said services, and as to the quality of the materials used. In the event that the
City shall determine that the services are not being performed in accordance with the terms of
this Contract, or, if the services be wholly, or in part, negligently, or improperly performed,
then written notice of such defect or defects shall be given to Contractor.
In the event that such defect or defects are not remedied within a reasonable time
from the date notice is given, the City may, at its option, declare Contractor to be in default,
either as to the particular work performed and declared to be defective, or as to the entire
Contract. In the event the City should declare the Contract to be in default only as to the
particular work performed and declared defective, then the City may relet such portion and
the costs incurred in consequence of such default may be applied in payment of any money
due and owing to Contractor. If there shall not be a sufficient sum due from the City, then in
such case, the costs incurred shall be a just claim against Contractor and shall be recoverable
in any court of competent jurisdiction.
In the event that a default is declared as to work performed and declared defective,
it is agreed and understood that such declaration of default shall not in any way relieve
Contractor from any liability for non-performance of the covenants and agreements of this
Contract, but the same shall be and remain valid and binding obligations against Contractor.
As to work not declared to be in default, Contractor agrees to complete the same under the
terms of this Contract.
2. SCOPE OF WORK
A. Specific Duties and Responsibilities. In connection with the Event, Contractor
shall undertake the duties and responsibilities and provide the services described in this
Contract and Appendix A, captioned “Scope of Work,” attached hereto and made a part
hereof.
B. Documents. All work notes, reports, computer programs (non-proprietary),
computer input and output, analyses, tests, maps, surveys, or any other materials developed
specifically for the Event are and shall remain the sole and exclusive property of the City.
Contractor, upon request by the City, agrees to provide documents or any other materials
developed specifically for the Event in an electronically editable format (for example, Word or
WordPerfect). Contractor shall not provide copies of any material prepared under this Contract
to any other party without the prior written consent of the City.
3. FINANCIAL AND IN-KIND SUPPPORT
The Parties agree that the Event is intended to be a FREE public event, benefitting
the City’s community. Unless expressly approved by the City, there will be no admission
charged for public participation or access to the Event. That notwithstanding, the Event is
expected to include some paid activities, amusements, and items for purchase which should be
affordably priced and reported by Contractor through Event planning, production, and post-
production processes as further described in this Contract and in Appendix A. Contractor
reserves the right to propose a limited “premium component” (in days or footprint impact),
requiring ticketed admission during or as part of the Event’s offerings which will require
approval of the City and which must directly benefit the Event’s fiscal sustainability.
Except as otherwise set forth in this Contract, Contractor will be responsible for all
expenses and derive all revenue from the Event. It is expected that Contractor will generate
funding to offset expenses through sponsorship sales, vendor booth reservations, food and
beverage sales and event revenues. Pricing associated with vendor participation shall include
and favor Boulder-local businesses and nonprofits while contributing to the Event’s financial
and operational success.
Contractor will develop, solicit, secure and report on sponsorship sale contributing to
the Event’s financial success and brand which sponsorships will exclude those market groups
identified by the City in its sole discretion as not aligned with the City’s brand. Sponsors may
be recognized in categories except that the City will continue to be recognized as the Event’s
exclusive Presenting Sponsor and categories will not recognize any higher level of sponsorship.
The City does not intend to solicit or otherwise attempt to procure sponsorships
underwriting Event expenses. Nevertheless, the Parties agree that that the City will retain 50%
of any cash sponsorships secured by the City for the Event. In addition, the Parties agree that
Contractor may not solicit sponsorships from the City, its divisions or departments and that the
City will be afforded up to five FREE 10’x10’ booths within the Event footprint annually to
conduct community engagement and awareness activities.
Notwithstanding the above, Contractor agrees to pay the City the amounts annually
as described in the schedule below:
Year 1 (2019): The lower of $5,000 Flat or 2.5% of overall gross revenues
(excluding sponsorships)
Year 2 (2020): The lower of $7,500 Flat or 5% of overall gross revenues (excluding
sponsorships)
Year 3 (2021): The lower of $10,000 Flat or 7% of overall gross revenues
(excluding sponsorships)
Provision of the following in-kind support for the Event, shall be provided by the
City collectively valued at $30,000 which amount may be changed or modified by the City in
its sole discretion as per the size, scope and financial success of the Event.
o Utilities including electricity and potable water.
o Property use facility fees waived within the Use Area
o Dependent upon permitted Event layout within the Event footprint, a reasonable
number of parking spaces and access to surface lots, plazas and facilities to
accommodate load-in and load-out of the Event, location as determined by
written authorization of the City
o Use of two (2) surface lot locations for installation of Event vendor booths and
amusements as determined by the written authorization of the City
o Provision of access (during normal operating hours) to City permanent and
temporary public restrooms within the Event area as depicted on the map
attached hereto as Appendix B (Use Area)
o Coordination support through the Parks and Recreation Department, Event
Manager
o Supplemental promotion of the Event through the City of Boulder Parks and
Recreation Guide, email newsletter, social media, and promotional kiosks, as
well as a spotlight feature on Channel 8.
o Police, Fire, Facilities Asset Management and other city department services up
to the in-kind limits with any balance invoiced to Team Player directly and paid
prior to annual event start.
The City suggests PLAY Boulder Foundation (EIN #84-0725860), the nonprofit
partner of the City’s Parks & Recreation Department, as a preferred nonprofit special event
liquor permit holder if and as required for Event “beer garden” components, which organization
shall be afforded a right of first refusal by Contractor.
4. SCHEDULE
A. Term. The Term of this Contract is for three years, covering the following
anticipated dates of the Event, inclusive of the Event load-in and load-out. The Event dates
are:
Friday, May 24, 2019 through Monday, May 27, 2019
Friday, May 22 ,2020 through Monday, May 25, 2020
Friday, May 28, 2021 through Monday, May 31, 2021
B. Extension. Any extension of this Contract will be as the Parties might agree in
writing.
C. Non-Exclusive License. The City hereby grants a non-exclusive license for
Contractor to use that portion of the Civic Area (the "Use Area") as described in Appendix B
attached hereto and made a part hereof, for the Event.
D. Cancellation of the Event. The Event is a rain or shine Event. Any
determination that the Event is to be cancelled or shut down due to inclement weather shall be
made in collaboration with the Special Event Core Team and will hold the public’s safety as a
paramount consideration. Should the Event or the Contract be cancelled due to Contractor’s
request or default, Contractor agrees to reimburse the City for the cash value of any incurred
in-kind costs.
E. Public Use Hours. The Event’s public use hours shall be determined by the City
and the Contractor with the City having final decision-making authority. However, the public
use hours shall not be before 7am or later than 11pm on Saturday and Sunday before Memorial
Day and on Memorial Day. Public use hours for the 2019 event shall be written and finalized
by January 25, 2019; for the 2020 event by January 24, 2020; and for the 2021 event by
January 29, 2021.
5. PAYMENTS
A. Payment Deadlines. Contractor agrees to meet all payment deadlines identified
in Section 3.
B. Sales Tax. Contractor agrees to pay all sales tax required for vendor as per the
City’s Special Events Guide.
C. Fees, Costs, and Deposits. Contractor agrees to timely pay the City prior to the
start of the Event for the following:
1. City Service Costs. (Approximate and subject to change.)
Environmental & Zoning Enforcement $ 1,500.00
Fire Department $ 8,000.00
Police Department $ 16,000.00
Parks & Recreation Department $ 5,000.00
Only the actual cost of City support for staff and the use of City materials will
be charged to Contractor. The City defines the actual costs to be salary plus benefits, as well as
material and equipment that is required to support the Event on the day of the Event.
2. Refundable Park & Facility Deposit.
2019 $ 5,000.00
2020 $ 5,000.00
2021 $ 5,000.00
Subject to the conditions set forth in this Contract, the deposit shall cover any
damage, restoration, or clean-up costs incurred by the City as a result of the Event including,
but not limited to, structures, equipment, facilities, bricks, concrete, trees, grass, and
landscaping but not from normal wear and tear. Prior to the set-up of the Event, Contractor
and the City will conduct a joint, pre-Event inspection of the Use Area. A post-Event
walkthrough will be conducted per the schedule in Appendix A to identify damage due to the
Event and the costs Contractor is responsible for paying.
D. Timely Payments. Contractor shall timely pay all associated fees related to
planning, programming, operation, management and follow up of all Event activities including,
but not limited to, support and accommodation of fundraising activities being conducted by the
City at the Event, and coordination with other City-approved events that occur, or may occur,
during the same weekend (i.e. Boulder County Farmers' Market, Bolder Boulder 10K,
EXPAND Rubber Duck Race®).
E. Late Penalty Fees. The above fees, costs and deposits shall be paid according
to the schedule in Appendix A. If Contractor fails to pay the fees, costs and deposits
according to the schedule in Appendix A, a late penalty fee of $1,000 will be assessed against
Contractor for each 30-day increment beyond the initial deadline.
F. Repair, Replacement, Restoration, Clean-Up Costs. Contractor agrees to pay for
the repair, replacement, restoration, and/or clean-up of all structures, equipment and facilities,
trees, grass, and landscaping in areas occupied by Contractor during the Event; damaged
through any act or omission of Contractor, Contractor's agents, or persons attending the Event,
in order to return the Area to the conditions that existed during the pre-Event inspection.
Payments for such repairs, replacement, restoration, and/or clean-up will be
deducted from the deposit. If the costs are less than the deposit, the remainder of the deposit
will be refunded to Contractor within 30 days of the post-Event walkthrough.
Costs for repairs, replacement, restoration, and/or clean-up shall be determined by
the City within 30 days after the post-Event walkthrough. If additional payments are required
beyond the full deposit amount, the City will bill Contractor within 30 days of the final walk
through. Such payment will be due from Contractor no later than 60 days after the post-Event
walkthrough. If no damage or unusual wear and tear to the use Area is noted by the City, the
City will refund the deposit in full. No refund shall be made to Contractor until the City
receives payment for the city service costs.
6. CONTRACTOR’S RESPONSIBILITIES
A. Abilities and Best Efforts. Contractor agrees to use its best efforts.
Contractor shall further the interests of the City according to the City’s requirements and
procedures, according to the customary professional standards and in compliance with all
applicable national, federal, state, municipal laws, regulations, codes, ordinances, orders and
with those of any other body having jurisdiction.
B. No Conflicts. Contractor agrees that it has, and will undertake, no
obligations, commitments, or impediments of any kind that will limit or prevent it from the
timely completion of the Event.
C. Limitation on Public Statements and Lobbying Activity. Contractors are
retained to provide services and/or materials to the City that may include confidential data,
work product, and other privileged or confidential information. In order to maintain the fact
and appearance of absolute objectivity and professionalism, Contractor shall not, without the
prior written consent of the City, do any of the following:
i. Disclose at any time information obtained as a result of this contractual
relationship to any third party;
ii. Lobby any City agency on any pending matter while Contractor is under
contract to the City;
iii. Make any public statements or appear at any time to give testimony at
any public meeting on the subject matters with regard to which Contractor is or was retained by
the City.
To the extent that the City provides written consent for the disclosure of
information or authorizes the making of public statements, the City may impose such
conditions upon such disclosure or communications as it thinks appropriate, and Contractor
agrees to comply with those conditions.
D. Permits, Approvals, Licenses. Based upon the planned logistics, footprint
and amenities anticipated for the Event and assuming annual visitation of 50,000 per year,
Contractor agrees to plan and produce the Event annually and is responsible for obtaining a
Special Event Permit and any additional permits, contracting any required services, and/or
authorization and/or exemptions required by other agencies with jurisdiction for any element of the
event (e.g. Special Event Liquor Permit, Boulder County Food Permits, Boulder County, State of
Colorado, etc.); and as identified in Appendix A. In some cases, written confirmation for the approved
use of public property must be obtained to complete supplemental applications and/or agreements.
Example: An Alcohol Permission Letter from the City Venue must be submitted with the Alcohol
Special Event Application.
Contractor agrees to timely submission of all permitting, approval, and
licensure requirements as set forth in the City’s Special Event Guidelines and notification of all
requirements to Event vendors, performers and amusement managers and volunteers to ensure a
safe, legally compliant, and efficient event. The Special Event Review Process is facilitated by
the Special Event Review Team, composed of representatives from various City departments
that may be affected by, or have regulatory authority related to, specific event and activity
requests. After the Special Event Team has completed the review, requirements and
recommendations, and the applicant has completed and/or provided all requirements, service
contracts and fees, a Special Event Permit may be issued.
The City has no responsibility to confirm that the required performance
licenses have been granted to Contractor, nor does the City have any responsibility to obtain
any performance licenses on behalf of Contractor.
Contractor agrees to pay all performing rights licensing fees held at the
Event per the rate specified by such licensing organizations. The City holds no responsibility
for these payments.
E. Failure to Secure Permits. Contractor understands and agrees that approval
by City of this Contract does not in any way indicate that the City or any other agency approves
or will be required to approve any of the above referenced licenses, permits, or requests.
In the event Contractor is unable to obtain any of the licenses, permits, or
approvals required in order to perform under this Contract on the timetable set forth in
Appendix A, this Contract will be void and unenforceable. However, in the event that
Contractor is unable to obtain any license, permit, or approval that is not essential to its use of
the Use Area, it shall be allowed to exercise so much of the privileges of this Contract as are
not affected by its failure to obtain approval. By way of example, and not of limitation, if it
does not obtain alcoholic beverage permits, it may proceed but alcohol cannot be sold or
provided. In the event this Contract is void and unenforceable, in whole or in part, the City will
not be liable for any of Contractor's costs, expenses, lost profits or any type of damages under
this Contract due to such occurrence.
F. Trademark License. Subject to the terms set forth in this Agreement, the City
grants Contractor a revocable, non-exclusive, non-transferable, royalty-free license to use the
following marks in connection with the promotion and management of the Event: BOULDER
CREEK FESTIVAL® and the City of Boulder ® logo (“the Marks”). Contractor
acknowledges that the City owns all right, title, and interest in the Marks.
Contractor will not contest, object to, or otherwise challenge the City's use
or federal registration of the Marks, during the term of this Contract or after its termination or
expiration.
1. Quality Control. Prior to using the Marks on any signage, advertisement,
t-shirt, or other promotional item, Contractor will provide the City with a sample of the
proposed item for the City's approval. Within ten business days of receiving a sample, the City
will either approve or reject it. If the City does not either approve or reject the sample within
ten business days of receipt, the sample will be deemed approved. Items rejected by the City
may not be used, sold, or distributed by Contractor.
2. License not Transferable. Contractor may not assign this license to
another party or sublicense the right to use the Marks to a third party without the written
consent of the City. Any assignment without the City’s consent will be null and void.
3. Term of License. Contractor's license to use the Marks automatically
terminates upon the termination or expiration of this contract, whichever occurs first. Upon the
expiration or termination of this contract, Contractor may sell off any existing inventory of
promotional items bearing the Marks for a period of no more than thirty days from termination
or expiration.
G. Non-Discrimination. Contractor agrees that all services and products
furnished to the public shall be provided on a non-discriminatory basis. Contractor agrees to
comply with the requirements of any state or federal statute or regulation including, without
limitation, and with the City’s Non-Discrimination ordinance, Chapter 12-1, B.R.C. 1981.
H. On-Site Management. Contractor will provide on-site management and
responsibility in the Use Area during the Event load-in and load-out, as well as during the
Event. This includes adequate leadership contact and presence and several event monitors
suitable to the Event’s size and scope annually during the term. Contractor will ensure any staff
operating motorized utility carts during the Event have a valid state driver’s license and are
driving safely.
7. THE CITY’S RESPONSIBILITIES
A. Risk Management. The City will provide general Risk Management oversight
and recommendations from the City’s Risk Management Office. The City’s Risk Manager’s
role is to manage risk exposure to the City. Contractor is required to retain its own Risk
Manager for the purpose of managing risk exposure to Contractor.
B. Advertising. The City will provide, at no cost to Contractor, some advertising
coordination for the Event through the Parks & Recreation Department’s Recreation Guide,
Recreation Center displays, City social media, Channel 8, and the City’s website.
As per Appendix A, the Event will provide a minimum number of photos and/or
videos that the City can own, use, repost or include in City materials. There shall also be a
minimum number of social media posts that use the recommended City hash tags.
C. Presenting Sponsor. Based on the planned logistics, footprint and amenities
anticipated for the Event and assuming annual Event visitation of 50,000 per year, the City
agrees to coordinate and act as Presenting Sponsor of the Event annually during the Term.
8. INSURANCE
Contractor agrees to procure and maintain in force during the term of this Contract,
at its own cost, the following minimum coverages:
A. Workers' Compensation and Employers' Liability
i. State of Colorado: Statutory
B. General Liability
i. General Aggregate Limit: $2,000,000
ii. Per Occurrence: $1,000,000
Coverage provided should be at least as broad as found in Insurance Services
Office (ISO) form CG0001.
C. Automobile Liability Limits1
i. Bodily Injury & Property Damage
Combined Single Limit: $1,000,000
Coverage provided should be at least as broad as found in ISO form CA0001
(BAP) including coverage for owned, non-owned and hired autos.
D. Insurance shall:
i. Provide primary coverage;
ii. Include the City of Boulder and its officials and employees as additional
insureds as their interest may appear (except for Worker’s Compensation and
Professional Liability). Additional insured endorsement should be at least as
broad as ISO form CG2010 for General Liability coverage and similar forms
for auto liability;
iii. Include a waiver of subrogation for General Liability coverage;
iv. Issue from a company licensed to do business in Colorado having an AM Best
rating of at least A-VI; and
v. Be procured and maintained in full force and effect for duration of work.
E. Certificates of Insurance evidencing the coverages described herein, shall be
forwarded to Purchasing. Certificate Holder shall be: City of Boulder, 1777 Broadway,
Boulder, CO 80302.
1Applicable only if Contractor, its agents, employees, or representatives will be using motor vehicles in Colorado
while performing services.
F. Within seven days after receiving insurer’s notice of cancellation or reduction in
coverage, Contractor, or its insurance broker, shall notify the City. In either such case,
Contractor shall promptly obtain and submit proof of substitute insurance complying with the
City’s insurance requirements.
9. INDEMNIFICATION
Contractor agrees to indemnify and save harmless the City against any and all
damages to property or injuries to or death of any person or persons arising from its
performance of this Contract, including property and employees or agents of the City and shall
defend, indemnify and save harmless the City from any and all claims, demands, suits, actions
or proceedings of any kind or nature, including without limitation Worker's Compensation
claims, of or by anyone whomsoever in any way resulting from or arising out of Contractor's
operations in connection with this Contract, including operations of subcontractors and acts or
omissions of employees or agents of Contractor or its subcontractor.
The City agrees that Contractor shall not be liable for any delay or non-performance
due to the failure of the source of supply from which Contractor obtains the materials to make
delivery, or due to delays in transportation, labor strikes, floods, fires, acts of God, or to the acts
or regulations of any governmental entity or any branch or agency thereof. Contractor however,
shall not be excused from liability for delays or non-performance caused by events or conditions
within its control, nor for delays or non-performance which it could have foreseen and avoided,
prevented or significantly ameliorated by exercising reasonable prudence or diligence, nor for any
delays or non-performance caused in whole or in part by Contractor itself. In the event of delay
or non-performance by Contractor for any reasons set forth in this paragraph, or for any other
reason, the City shall be free to obtain said services from other sources without incurring liability
or damages to Contractor.
Notwithstanding any other provision of this Contract to the contrary, no term or
condition of this Contract shall be construed or interpreted as a waiver, express or implied, of any
of the immunities, rights, benefits, protection, or other provisions of the Colorado Governmental
Immunity Act, Section 24-10-101 et seq., C.R.S., as now or hereafter amended. The Parties
understand and agree that liability for claims for injuries to persons or property arising out of
negligence of the City, its departments, institutions, agencies, boards, officials and employees is
controlled and limited by the provisions of Section 24-10-101 et seq., C.R.S., as now or hereafter
amended.
10. INDEPENDENT CONTRACTOR
The relationship between Contractor and the City is that of an independent
contractor. Contractor shall supply all personnel, equipment, materials and supplies at its own
expense, except as specifically set forth herein. Contractor shall not be deemed to be, nor shall
it represent itself as, an employee, partner, or joint venturer of the City. No employee or officer
of the City shall supervise the Contractor. Contractor is not entitled to worker’s
compensation benefits and is obligated to directly pay federal and state income tax on
money earned under this Contract.
11. NOTICES
All written notices to the City or Licensee provided for in this License shall be
mailed or delivered to the following addresses until further notice in writing is given as to the
change in address:
City:
City Manager
Attn: Director of Community Vitality, Parks & Recreation
3198 Broadway – IRIS Center
Boulder, CO 80304
Contractor:
Team Player Productions
1539 Platte Street (Suite 206)
Denver, CO. 80202
Any notice required herein shall be considered delivered and served when actually
delivered to such address or when addressed to a party at the address stated above, duly posted,
and mailed certified at any United States Post Office.
12. MISCELLANEOUS PROVISIONS
A. Assignment. Contractor shall not assign this Contract without the written
consent of the City, which it may withhold at its sole discretion.
B. Termination. This Contract may be terminated by either party if it has been
materially breached by the other party and thirty (30) days written notification is tendered.
City may, at any time, terminate this Contract, in whole or in part, for its own convenience and
without cause of any nature by giving the Contractor written notice at least seven days in
advance of the termination date. City shall pay Contractor for work satisfactorily completed, to
the date of termination; the City shall determine the portion of work completed. Upon such
payment, all obligations of the City to the Contractor under this Contract shall cease.
In the event of any termination under this Section, City shall have no further obligation
to Contractor and Contractor shall be liable to City for any damages caused by or in any way
arising out of default by Contractor under this Contract.
No failure to enforce or act upon any default shall act as an estoppel to enforce or act
upon any other or subsequent default.
C. No Third Party Beneficiaries. It is expressly understood and agreed that the
enforcement of the terms and conditions of this Contract and all rights of action relating to such
enforcement, shall be strictly reserved to the City and the Contractor. Nothing contained in this
Contract shall give or allow any claim or right of action whatsoever by any other third person.
It is the express intention of the City and the Contractor that any such party or entity, other than
the City or the Contractor, receiving services or benefits under this Contract shall be deemed an
incidental beneficiary only.
D. Waiver. The waiver of any breach of a term, provision, or requirement of this
Contract shall not be construed or deemed as waiver of any subsequent breach of such term,
provision, or requirement, or of any other term, provision, or requirement.
E. Amendments. This Contract is intended as the complete integration of all
understandings between the Parties. No prior or contemporaneous addition, deletion, or other
amendment hereto shall have any force or effect whatsoever, unless embodied herein in
writing. No subsequent notation, renewal, addition, deletion, or other amendment hereto shall
have any force or effect unless embodied in a writing executed by the City and Contractor.
F. Prohibitions on Contracts for Public Services. Contractor certifies that
Contractor shall comply with the provisions of section 8-17.5-101 et seq., C.R.S. Contractor
shall not knowingly employ or contract with an illegal alien to perform work under this
Contract or enter into a contract with a subcontractor that fails to certify to Contractor that the
subcontractor shall not knowingly employ or contract with an illegal alien to perform work
under this Contract.
Contractor represents, warrants, and agrees (i) that it has confirmed the
employment eligibility of all employees who are newly hired for employment to perform work
under this Contract through participation in either the E-Verify or the Department Program;
(ii) that Contractor is prohibited from using either the E-Verify Program or the Department
Program procedures to undertake preemployment screening of job applicants while this
Contract for services is being performed; and (iii) if Contractor obtains actual knowledge that
a subcontractor performing work under this Contract for services knowingly employs or
contracts with an illegal alien, the contractor shall be required to:
a) Notify the subcontractor and the City within three days that the contractor has
actual knowledge that the subcontractor is employing or contracting with an illegal alien; and
b) Terminate the subcontract with the subcontractor if within three days of
receiving the notice required pursuant to 8-17.5-102(2)(b)(III)(A) the subcontractor does not
stop employing or contracting with the illegal alien; except that Contractor shall not terminate
the contract with the subcontractor if during such three days the subcontractor provides
information to establish that the subcontractor has not knowingly employed or contracted with
an illegal alien.
Contractor further agrees that it shall comply with all reasonable requests made
in the course of an investigation under section 8-17.5-102(5), C.R.S. by the Colorado
Department of Labor and Employment. If Contractor fails to comply with any requirement of
this provision or section 8-17.5-101 et seq., C.R.S. the City may terminate this Contract for
breach and the Contractor shall be liable for actual and consequential damages to the City.
G. Force Majure. A party shall not be liable for any failure of or delay in
the performance of this Contract for the period that such failure or delay is due to causes
beyond its reasonable control, including but not limited to acts of God, war, strikes or labor
disputes, embargoes, government orders or any other force majeure event.
H. No Multiple Fiscal Year Obligation. Nothing herein shall constitute a
multiple fiscal year obligation pursuant to Colorado Constitution, Article X, Section 20.
Notwithstanding any other provision of this Contract, the City’s obligations under this Contract
are subject to annual appropriation by the City Council of the City. Any failure of a City
Council annually to appropriate adequate monies to finance the City’s obligations under this
Contract shall terminate this Contract at such time as such then-existing appropriations are to
be depleted. Notice shall be given promptly to the Contractor of any failure to appropriate such
adequate monies.
I. Authority to Sign. Contractor warrants that the individual executing this
Contract is properly authorized to bind Contractor to this Contract.
IN WITNESS WHEREOF, the Parties hereto have signed this Contract effective as of
the day and year first written.
3198 Broadway, Boulder, CO 80304 | www.boulderparks-rec.org | O: 303-413-7200
TO: Parks and Recreation Advisory Board
FROM: Yvette Bowden, Director, Parks and Recreation Department
Alison Rhodes, Deputy Director
SUBJECT: Matters from the Department
DATE: September 24, 2018
A. WRAB Aquatics Nuisance Species Update
Due to an increase in the presence of Aquatics Nuisance Species (ANS) in area waterways, the
Water Resources Advisory Board (WRAB) and the Parks and Recreation Advisory Board
(PRAB) are being provided with the City’s updated ANS prevention and education efforts. The
WRAB information item (Attachment A) provides background regarding ANS concerns and
summarizes the ANS program currently in place at the Boulder Reservoir.
A community-wide communications campaign is being developed to supplement existing
inspection protocols. This campaign will launch late Q1 2019 and will promote increased
awareness of ANS risks and will educate visitors and water craft operators about operations
designed to prevent ANS from entering the Boulder Reservoir. While still in development, the
campaign will target specific user-groups and the community at large with key messages and will
include:
• Developing articles for the city’s recreation catalog, community newsletter, e-newsletters
and digital newsroom;
• Creating a social media campaign to include paid advertising, short videos and Facebook
Live events;
Enhancing the city’s web presence including providing announcements such as articles,
photo galleries, FAQs and fact sheet and links to resources;
• Producing new Boulder 8 news segments;
• Printing collateral such a flyers and utility bill inserts;
• Developing internal communication strategies to provide messages to frontline
ambassadors;
• Aligning and sharing messaging with other city-wide campaigns (e.g., ecosystems, water
quality); and
• Providing news outlets resources such as press releases, photo opportunities and direct
reporter outreach.
The PRAB’s input on these communication efforts will be considered as the plan is completed.
3198 Broadway, Boulder, CO 80304 | www.boulderparks-rec.org | O: 303-413-7200
Attachment A: September 17, 2018 City of Boulder Water Resources Advisory Board
Information Packet Memorandum
B. Operating Budget Update
The 2019 Parks and Recreation Department operating budget submission (pg. 143) includes
requests of approximately $29.6M. While the city has been experiencing a flattening trend of
retail sales tax affecting the General Fund and .25 Sales Tax Fund, department revenues remain
steady in the Recreation Activity Fund (RAF). With the 2019 budget submission, the department
has proactively prioritized spending to maintain financial sustainability even while expenses
continue to increase. In recognition of the PRAB’s advisory role related to the operating budget,
the board is provided this information to review the department’s operating strategies, update the
board on the outlook of department finances, and share the operating budget submission.
The department’s 2019 budget proposal responds to the Central Budget
Office’s request for ongoing General Fund expense reduction and adheres
to the department’s 2014 Master Plan fiscally constrained planning
scenario. The department proposes an overall nineteen percent (19%)
reduction of expenses across all funds, reflecting reductions in both
operating and capital expenses. The strategies proposed to achieve this
reduction are instrumental to the department’s efforts to support the
mission of promoting community health and well-being through the
provision of high quality parks, facilities and programs.
The department provides high-quality services through the responsible
stewardship of community funds and thoughtful allocation of limited
resources. Key shifts since 2014 include focusing available funding on the
operations and maintenance of existing parks and facilities as well as
facilitating the delivery of programs with community partners, where most
effective.
Funding and 2019 Context
The 2019 budget submission outlines the department’s direct financial management
responsibilities of $29.6M for operating and capital purposes. The department’s expenses derive
from six funds that vary in sources, stability and restrictions (see Chart 1).
General Fund: The city’s General Fund is supported by fees, sales, property and other taxes.
General Fund dollars are managed by Central Finance and allocated annually to city departments
and projects by City Council through the annual budget process. The department primarily uses
its allocation to fund park and forestry operations and department administration. Despite
flattening sales tax growth, this fund has the most flexibility in how funds can be spent and will
grow at the rate of sales tax and property tax.
Permanent Parks and Recreation: The Permanent Parks and Recreation Fund is the
department’s capital improvement and acquisition fund. Funded specifically from property and
development excise taxes, the fund is dedicated for acquiring land and renovating or improving
existing parks and recreational facilities. It may not be used to fund daily operations or routine
maintenance. Due to strong property tax collections, this fund’s outlook is healthy.
3198 Broadway, Boulder, CO 80304 | www.boulderparks-rec.org | O: 303-413-7200
25 Cent Sales Tax Fund (.25): The .25 Fund provides for operations, maintenance and
development of department facilities and natural lands. Sales tax, which has flattened over the
past two years after experiencing strong growth, is the source of fund revenue. While this fund is
projected to have approximately one percent (1%) growth in the out years, the department is
planning for conservative spending given expense increases that outpace the growth in revenue.
Recreation Activity Fund (RAF): The RAF is used to operate the department’s many
recreation, fitness and sports facilities and programs. RAF funds are largely derived from
program and facility use fees with some supplemental funding from the General Fund that funds
community benefit services such as age-based discounts for youth and seniors and programs for
individuals with disabilities and those with low-incomes.
Community Culture and Safety Tax (CCS): In 2017, Boulder voters approved two ballot
measures to extend the Community, Culture and Safety (CCS) Tax for Capital Improvements. A
variety of projects were approved across the city. The Scott Carpenter Pool Replacement project
received $2.9M in funding in 2019. These funds are one-time funds for the department and will
be used by other departments for other projects in the city approved by voters.
2019 Operating Budget Submission
In developing the 2019 budget, department staff has worked with the City’s Central Finance
Office and staff from the department’s service areas to identify operational efficiencies. The
department was asked to find reductions totaling 5-10% of the General Fund, including for the
subsidy provided to the RAF. Staff carefully identified reductions that do not impact current
service levels and are sustainable to the long-term fiscal health of the organization.
The budget submission by expenditure category is summarized in Table 1. While there is an
overall decrease in expenses from 2018’s approved budget, the largest reduction comes in the
Capital Improvement Program. This is because two large projects (Scott Carpenter Pool
Replacement and Reservoir South Shore building) were budgeted in 2018, and the 2019 CIP
includes reduced scope and delays for some CIP projects. The expenses budgeted in 2019 exceed
the actual amount spent in 2017 for each category. The reduction in personnel is related to the
elimination of 4.87 FTE. Each of these positions has been vacant for some time and were
carefully analyzed on a case by case situation. Staff do not anticipate an impact to service levels
because of these reductions.
Table 1: 2017-2019 Expenditures by Category
2017 Actuals
2018 Approved
Budget
2019 Recommended
Budget
% Change
2018 to 2019
Recommended
Amount Amount Amount Amount
EXPENDITURE BY CATEGORY
Personnel $ 13,505,323 $ 15,311,957 $ 14,694,780 -4%
Operating 6,480,862 6,868,901 7,093,127 3%
Interdepartmental Charges* 596,281 614,170 681,789 11%
Capital Improvement Program $ 4,891,467 $ 13,866,600 $ 7,099,333 -49%
$ 25,473,933 $ 36,661,628 $ 29,569,029 -19%
*Interdepartmental charges include payments to support central services such as Human Resources and Innovation & Technology
3198 Broadway, Boulder, CO 80304 | www.boulderparks-rec.org | O: 303-413-7200
As mentioned previously, the department receives funding from six funds, while additional
funding sources were utilized in 2018 and proposed in 2019. Table 2 highlights the shifts
proposed in spending in the department’s adjusted 2019 proposed budget given flattening sales
and use tax revenues. General Fund spending includes a proposed 10% reduction and supports
prioritization of spending across the organization. The primary cost savings in this fund are
related to operational efficiencies and right-sizing the seasonal staffing budget based on a 3-year
trend analysis. In addition, CIP adjustments created capacity in the .25 Fund to fund expenses
previously funded in the General Fund, such as fleet costs.
The .25 Sales Tax Fund had a reduction of 29%, based mainly on CIP reductions in scope and
project delays. It should also be noted that 2018 was a larger spending year due to the two large
CIP projects previously mentioned. The 4% and 6% reductions in the RAF and Permanent Park
and Recreation Fund are based on operational efficiencies observed through improved budgeting,
coordinated purchase efforts and reductions in contracted design and construction. As previously
noted, the Capital Development Fund and Capital Improvement CCS are one-time funding
sources for projects at the Boulder Reservoir and Scott Carpenter Pool.
Table 2: Expenditures by Fund
2017 Actuals
2018 Approved
Budget
2019 Recommended
Budget
% Change
2018 to 2019
Recommended
Amount Amount Amount Amount
EXPENDITURE BY FUND
General $ 4,622,802 $ 4,989,740 $ 4,474,930 -10%
Lottery 788,034 428,000 428,000 0%
.25 Cent Sales Tax 8,485,336 10,036,453 7,123,339 -29%
Recreation Activity 10,022,566 11,259,278 10,757,257 -4%
Permanent Park and Recreation 1,557,196 4,298,157 4,042,170 -6%
Boulder Junction Improvement - 350,000 350,000 0%
Capital Development Fund - 5,300,000 -
Capital Improvement CCS - - 2,393,333 n/a
$ 25,475,934 $ 36,661,628 $ 29,569,029 -19%
In summary, the 2019 budget submission includes the following strategies to reduce expenses
and continue investment in community priorities:
• Programmatic and Operational Changes:
o Identification of core services and system-wide cost containment opportunities
(e.g. travel/mileage, meals, uniforms, supplies, etc.).
o Reductions in .25 Sales Tax and Perm Parks expenses (largely capital) and then
shifting General Fund expenses to the .25 cent Sales Tax fund.
o Continue efforts to pursue public-private partnerships and/or collaborative
projects.
• Personnel Changes:
o Implementation of $12.00/hour minimum wage for all nonstandard positions in
advance of the State’s 2020 deadline and continued provision of $15.67/hour
living wage for all standard positions and contracted services for landscaping and
custodial needs. These changes disproportionally impact the RAF, where
nonstandard personnel expenses account for ~26% of costs.
3198 Broadway, Boulder, CO 80304 | www.boulderparks-rec.org | O: 303-413-7200
o Reduction in total personnel spending across all funds achieved through strategic
reductions, modest reallocation and other cost containment methods.
Staff recognizes the valuable role Boulder’s parks and recreation system plays in the lives of
community members and submits the above requests with thoughtful consideration of the need to
be fiscal stewards of limited community resources and to maintain accessibility to all community
members.
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CITY OF BOULDER
WATER RESOURCES ADVISORY BOARD
INFORMATION PACKET MEMORANDUM
To: Water Resources Advisory Board
From: Bret Linenfelser, Water Quality and Environmental Services Manager
Michelle Wind, Drinking Water Program Supervisor
Kate Dunlap, Source Water Quality Program Coordinator
Yvette Bowden, Director of Parks and Recreation
Stacy Cole, Boulder Reservoir Facility Manager, Parks and Recreation
Lena Dow, Program Coordinator - Reservoir/Aquatics, Parks and Recreation
Jennifer Murray – Boat Inspector, Parks and Recreation
Date: September 17, 2018
Subject: Aquatic Nuisance Species – State and City Program Update
EXECUTIVE SUMMARY
The City of Boulder implements a robust watercraft inspection program at Boulder Reservoir to
prevent introduction of aquatic nuisance species (ANS). This Information Packet Memorandum
provides an update on the status of the city and state’s ANS programs and efforts to protect
Boulder Reservoir from ANS introductions. This memorandum does not require WRAB action,
and while it is not scheduled as an Agenda Item, WRAB members can ask questions or request
that this item be scheduled as a future Agenda Item during the Matters from the Board portion of
the meeting.
BACKGROUND
Aquatic Nuisance Species are invasive, non-native animals and plants that can be introduced to
waterbodies via boating, angling, birds, and general recreation. Because they do not have natural
predators, they can rapidly outcompete native species, and are often not possible to eradicate.
ANS can collapse aquatic ecosystems, clog and damage drinking water intakes and water
treatment plants, and limit the overall recreational use of impacted reservoirs. Primary ANS of
concern in Colorado include: Zebra mussels, quagga mussels, New Zealand mudsnail, Eurasian
milfoil, rusty crayfish, and spiny waterflea.
Attachment A
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Inspecting boats, kayaks, paddle boards, canoes, and other watercraft for ANS prior to launching
on waterbodies is a proactive and effective way to protect against ANS infestation. Colorado
Parks and Wildlife (CPW) has partnered with counties and municipalities (including Boulder) to
fund and implement a network of approximately 72 watercraft inspection and decontamination
stations throughout the state (see Attachment A for supplemental information).
The City of Boulder (city) implements one of the most protective ANS programs in Colorado,
requiring inspections of all watercraft prior to launching on Boulder Reservoir. State-certified
Parks and Recreation staff are present during all operating hours, and ramps are not accessible
when the facility is closed. Inspectors visually inspect watercraft prior to launching on the
reservoir; decontaminate if needed; tag trailered watercraft; and educate boaters and anglers
about ANS. To avoid the spread of ANS via wastewater, staff add potassium hydroxide to the
decontamination water to kill any mussels before the wastewater enters the city’s sanitary sewer
system. Boulder Reservoir is also sampled several times each summer by CPW staff to inspect
for ANS. Each sampling event includes a plankton tow, a water quality survey, and a shoreline
and substrate check for ANS.
ANALYSIS
ANS-Interceptions at the State and Local Levels
Colorado has the largest boat inspection program in the country and is credited with protecting
the state’s waters from mussel infestation despite being a destination state where many boaters
come from mussel infested waterways such as Lake Powell and Lake Mead. Almost every state
east of Colorado as well as most southwestern states have a quagga or zebra mussel infestation
(Attachment B). There are currently no mussel-positive reservoirs in Colorado, though Green
Mountain Reservoir is listed as “Suspect” after DNA testing in 2017 indicated the presence of
quagga mussels. Subsequent sampling and scuba surveys have not found mussels present, but the
reservoir classification will remain in place for three years and CPW and the U.S. Forest Service
are enacting extreme containment protocols to prevent any potential infestation or spread.
The last two years have shown an increasing trend in mussel-impacted boat interceptions at the
state and local levels. As of early August, 34 mussel-impacted boats have been intercepted across
the state, which is higher than the previous annual record set in 2017, of 26 interceptions. At
Boulder Reservoir, Parks and Recreation staff intercepted one zebra mussel-encrusted boat in
2017, and this year found a quagga mussel inside a boat during inspection in early July. CPW
has notified Parks and Recreation staff of intercepting three mussel-impacted vessels destined for
Boulder Reservoir via CPW’s Denver Headquarters. Upstream from Boulder Reservoir, Larimer
County has intercepted seven mussel-impacted boats at Carter Lake and Horsetooth Reservoir
(part of the Colorado-Big Thompson [C-BT] project) as of mid-July. Most mussel-impacted
watercraft are coming from Lake Powell. Quagga mussels were first detected in Lake Powell in
2013 and adult mussels have since colonized nearly every part of the lake, including the river
below the dam where veligers (larvae) passed through.
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Because eradicating ANS mussels is nearly impossible, they spread quickly (fecundity of one
adult female is up to one million eggs per year), and they spread widely to connected waterways,
it is critical that ANS are kept out of the C-BT system. Starting in 2018, the U.S. Bureau of
Reclamation requires local recreation managers keep boat ramps locked at C-BT reservoirs when
an ANS inspector is not present. Northern Colorado Water Conservancy District has also
installed stronger gates to prevent illegal boat launching and has provided funding assistance for
boat inspectors until the new state licensing fee goes into effect in 2019 (see Attachment A).
Boulder Reservoir Update
To-date, Boulder Reservoir is negative for ANS, though several non-native plant and animal
species have established populations in the reservoir. These species are not currently classified as
ANS by the state because they are ubiquitous in Colorado reservoirs, are non-invasive, and do
not significantly disrupt the aquatic ecosystem. The non-native species present in Boulder
Reservoir include: waterflea (Daphnia lumholtzi), Asian clam, Orconectes (a crayfish), Gyraulus
(a snail), ancylids (mollusk), curly pondweed, slender-leaved pondweed, and Canadian
pondweed (Elodea Canadensis).
Ongoing concerns for Utilities and Parks and Recreation staff are uninspected watercraft entering
the reservoir illegally via the North Shore despite signage, and the possible introduction of ANS
to Six Mile Reservoir where boat inspections and not required. If ANS are introduced to Six
Mile Reservoir, it could spread to Boulder Reservoir during an overflow, which has occurred
three times in the past five years.
NEXT STEPS
The threat of zebra and quagga mussel infestation in the state remains high and CPW is taking
every precaution. In addition to the measures implemented at Green Mountain Reservoir, CPW
and other entities have worked on reservoirs throughout the state to close access when a boat
inspector is not present; limit illegal boat launching by placing concrete barriers in potential
access spots; and increasing public awareness and education.
The City of Boulder’s self-funded ANS inspection and decontamination program at Boulder
Reservoir is critical to maintaining a destination recreational reservoir, drinking water supply,
and healthy aquatic and terrestrial ecosystem. Given the increase in mussel-interceptions in the
state, the program is perhaps more important now than ever. Detection of ANS mussel DNA,
veligers, or adult mussels in Boulder Reservoir would have significant widespread and costly
impacts for the city, and potentially upstream users throughout the C-BT system, and
downstream users given that Boulder Reservoir outlet connects with Boulder Creek. Recognizing
the criticality of ANS introduction, this past spring Parks and Recreation and CPW staff co-
hosted a watercraft inspection and decontamination certification training for private industry
inspectors, and hope to continue this effort in future seasons. Communications staff are also in
the process of developing a newsroom article or press release about ANS risks and the city’s
ANS-prevention program to improve public awareness. These efforts are supplemented by
Page 4 of 5
outreach to existing boat permit holders and a social media campaign to promote awareness and
advocacy around the ANS program.
Attachments:
Attachment A – Supplemental Information
Attachment B – Zebra and quagga mussel sightings distribution in the U.S.
Attachment A – Supplemental Information
CPW Regulatory Authority and Funding Background
Under the 2008 Colorado ANS Act, Colorado Parks and Wildlife (CPW) has authority to inspect,
decontaminate, and quarantine boats prior to entering a waterbody, and since 2009, these steps
are required for any boat entering the state or exiting known ANS positive waters. CPW
conducts approximately 450,000 ANS inspections annually throughout the state.
From 2008 to 2016, CPW’s ANS program was predominantly funded by severance tax funds. In
April 2016 a Colorado Supreme Court ruling indirectly eliminated 68% of the funding source for
the CPW ANS program, putting the program in jeopardy. CPW spent reserve funds to continue
the ANS inspection through the 2016 boating season, and in 2017 many counties, municipalities,
and other entities funded inspection programs on their own reservoirs. ANS inspections during
the 2018 boating season are partially funded by SB17-259. This past spring, Governor
Hickenlooper signed the Mussel-Free Colorado Act which provides a more stable funding source
through an ANS stamp that boaters will purchase in addition to vessel registration (learn more
here). CPW is also working to encourage federal agencies to take responsibility for funding ANS
inspections at their reservoirs so that the state does not need to continue to pick up the costs.
Boulder Reservoir ANS Program
From 2009 to 2011, Boulder’s Utilities Department funded the program, and since then the
~$74,000 per year program has been self-funded. Parks and Recreation staff sell 1,100 watercraft
permits and perform about 6,000 inspections on average each year. Staff typically conduct 5-6
high risk inspections each month during the summer. All watercraft entering the premises from
out of state or from mussel-infested waters require a high risk inspection. Approximately 1% of
watercraft require decontamination.
Page 5 of 5
Attachment B
Zebra and quagga mussel sightings distribution in the U.S. Source: USGS 2018.
3198 Broadway, Boulder, CO 80304 | www.boulderparks-rec.org | O: 303-413-7200
TO: Parks and Recreation Advisory Board
FROM: Tom Klenow, Director, Chair, PRAB
Jennifer Kovarik, Vice-Chair, PRAB
SUBJECT: Matters from the Board
DATE: September 24, 2018
A. Ecosystems, Climate Change and Community Well-Being – Joint Advisory Board
Meeting Update (verbal)
B. PRAB New Member Mentor/On Boarding (verbal)
C. PRAB Retreat Agenda Review
Based on the results of the recent Doodle Poll, no clear date emerged for the October
Board Retreat. Staff has proposed the following options to consider regarding the annual
Board Retreat:
Option 1: Schedule 90 minutes before or during the October regular board meeting to
hold the retreat; or
Option 2: Break the retreat agenda into two halves and include as part of the October
meeting agendas (October to cover PRAB Role, State of the Work and Meeting Logistics
and the November meeting to cover the 2019 PRAB Workplan and Council Retreat letter
(if necessary); or
Option 3: Hold an additional meeting on October 26th for the members who can attend.
Last year’s PRAB Retreat Agenda can be found here.
D. PRAB Community Engagement Updates (verbal)