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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. 3 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). 4 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. 5 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. Page 1 of 5 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 Page 2 of 5 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. Page 3 of 5 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)