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HomeMy WebLinkAbout2012-142 DEAPR - UNC Greensboro for Consulting Services for Parks & Rec $18,403[Departmental Use Only] TITLE CPRMP Consultant FY 2012 NORTH CAROLINA CONSULTING SERVICES AGREEMENT ORANGE COUNTY RFP --- UNDER $90,000 This Agreement, made and entered into this _ day of June, 2012, ( "Effective Date ") by and between Orange County, North Carolina a body politic and corporate of the State of North Carolina (hereinafter, the "County ") and The University of North Carolina at Greensboro, (hereinafter, the "Consultant "). WITNESSETH: That the County and Consultant, for the consideration herein named, do hereby agree as follows: ARTICLE 1 SCOPE OF WORK 1.1 Scope of Work 1.1.1 This Services Agreement ( "Agreement ") is for professional consulting services to be rendered by Consultant to County with respect to Research, Data Collection and Analysis for Orange County Comprehensive Parks and Recreation Master Plan 1.1.2 By executing this Agreement, the Consultant represents and agrees that Consultant is qualified to perform and fully capable of performing and providing the services required or necessary under this Agreement in a fully competent, professional and timely manner. 1.1.3 Time is of the essence with respect to this Agreement. 1.1.4 The services to be performed under this Agreement consist of Basic Services, as described and designated in Article 3 hereof. Compensation to the Consultant for Basic Services under this Agreement shall be as set forth herein. ARTICLE 2 RESPONSIBILITIES OF THE CONSULTANT 2.1 Services to be Provided. The Consultant shall provide the County with all services required in Article 3 to satisfactorily complete the Project within the time limitations set forth herein and in accordance with the highest professional standards. 2.2. Standard of Care 2.2.1 The Consultant shall exercise reasonable care and diligence in performing services under this Agreement in accordance with the highest generally accepted standards of this type of Consultant practice throughout the United States and in accordance with applicable federal, state and local laws and regulations applicable to the performance of these services. Consultant is solely responsible for the professional quality, accuracy and timely completion and submission of all reports, drawings, specifications, plans, documents and services (hereinafter "Deliverables ") related to the Basic Services. 2.2.2 The Consultant shall be responsible for all errors or omissions, in the deliverables prepared by the Consultant. 2.2.3 The Consultant shall correct at no additional cost to the County any and all errors, omissions, discrepancies, ambiguities, mistakes or conflicts in any Deliverables prepared by the Consultant. 2.2.4 The Consultant shall assure that all Deliverables prepared by it hereunder are in accordance with applicable laws, statutes, and that any necessary or appropriate applications for approvals are submitted to federal, state and local governments or agencies in a timely manner so as not to delay the Project. 2.2.5 The Consultant shall not, except as otherwise provided for in this Agreement, subcontract the performance of any work under this Agreement without prior written permission of the County. No permission for subcontracting shall create, between the County and the subcontractor, any contract or any other relationship. 2.2.6 Any and all employees of the Consultant engaged by the Consultant in the performance of any work or services required of the Consultant under this Agreement, shall be considered employees or agents of the Consultant only and not of the County, and any and all claims that may or might arise under any workers compensation or other law or contract on behalf of said employees while so engaged shall be the sole obligation and responsibility of the Consultant. 2.2.7 Consultant agrees that Consultant and its subcontractors, if any, shall be required to comply with all federal, state and local antidiscrimination laws, regulations and policies that relate to the performance of Consultant's services under this Agreement. 2.2.8 If activities related to the performance of this agreement require specific licenses, certifications, or related credentials Consultant represents that it and/or its employees, agents and subcontractors engaged in such activities possess such licenses, certifications, or credentials and that such licenses certifications, or credentials are current, active, and not in a state of suspension or revocation. ARTICLE 3 BASIC SERVICES 3.1 Basic Services 3.1.1 The Consultant shall perform as Basic Services the work and services described herein and as specified in the County's "RFP Number n/a for n/a (the "RFP ")" issued , 20 , Attachment A includes the basic services to be provided and is fully incorporated and integrated herein by reference together with Attachments B, C and D. 3.1.2 The Basic Services will be performed by the Consultant in accordance with the following schedule: (details on Attachment B) Task Milestone Date 1. Milestone 1 Effective Date of this Agreement June 1, 2012 2. Milestone 2 Completion of Data Collection and Analysis October 31, 2012 3. Milestone 3 Completion of Tasks, Delivery of final CPRMP Report February 15, 2013 3.1.3 Should County reasonably determine that Consultant has not met the Milestone Dates established in Section 3.1.2 of this Article, County shall notify Consultant of the failure to meet the Milestone Date. The County, at its discretion may provide the Consultant seven (7) days to cure the breach. County may withhold the accompanying payment without penalty until such time as Consultant cures the Breach. In the alternative, upon Consultant's failure to meet any Milestone Date the County may modify the Milestone Date schedule. Should Consultant or its representatives fail to cure the breach within seven (7) days, or fail to reasonably agree to such modified schedule County may immediately terminate this Agreement in writing without penalty or incurring further obligation to Consultant. This section shall not be interpreted to limit the definition of breach to the failure to meet Milestone Dates. ARTICLE 4 DURATION OF SERVICES 4.1 Scheduling; of Services 4.1.1 The Consultant shall schedule and perform his activities in a timely manner so as to meet the Milestone Dates listed in Article 3. 4.1.2 Should the County determine that the Consultant is behind schedule, it may require the Consultant to expedite and accelerate his efforts, including providing additional resources and working overtime, as necessary, to perform his services in accordance with the approved project schedule at no additional cost to the County. 4.1.3 The Commencement Date for the Consultant's Basic Services shall be Immediately following the effective date of the Contract. ARTICLE 5 COMPENSATION 5.1 Compensation for Basic Services 5.1.1 Compensation for Basic Services shall include all compensation due the Consultant from the County for all services under this Agreement except for any authorized Reimbursable Expenses which are defined herein. The maximum amount payable for Basic Services is Eighteen Thousand, Four Hundred Three Dollars ($18,403). Payment for Basic Services shall become due and payable in direct proportion to satisfactory services performed and work accomplished. Payments will be made as percentages of the whole as Project milestones as set out in Section 3.1.2 are achieved. (For example, if there are 10 Project Tasks with Milestone Dates then Consultant may invoice for the first 10% of the whole upon County's acknowledgement of the satisfactory completion of Task one. Upon the County's acknowledgement that the second Task has been satisfactorily completed Consultant may invoice for the next 10% of the whole.) ARTICLE 6 RESPONSIBILITIES OF THE COUNTY 6.1 Cooperation and Coordination 6.1.1 The County has designated David Stancil to act as the County's representative with respect to the Project and shall have the authority to render decisions within guidelines established by the County Manager and the County Board of Commissioners and shall be available during working hours as often as may be reasonably required to render decisions and to furnish information. 6.1.2 The County shall be solely responsible for determining whether Consultant as satisfactorily completed Tasks associated with Milestone Dates. Upon County's written determination to Consultant that a Task has been satisfactorily completed by its accompanying Milestone Date Consultant may submit an invoice for payment. It is agreed that County shall not unreasonably withhold its determination of satisfactory completion of any Task. In the event, the amount of an invoice is disputed, County may withhold payment until the dispute is resolved by the parties. County may also withhold payment on an invoice until the satisfactory completion of a Task by Consultant. ARTICLE 7 INSURANCE 7.1 General Requirements 7.1.1 The Consultant shall purchase and maintain and shall cause each of his Consultants to purchase and maintain, during the period of performance of this Agreement, insurance for protection from claims under workers' or workmen's compensation acts; Comprehensive General Liability Insurance covering claims arising out of or relating to bodily injury, including bodily injury, sickness, disease or death of any of the Consultant's employees or any other person and to real and personal property including loss of use resulting thereof; Comprehensive Automobile Liability Insurance, including hired and non -owned vehicles, if any, covering personal injury or death, and property damage; and Professional Liability Insurance, covering personal injury, bodily injury and property damage and claims arising out of or related to the performance under this Agreement by the Consultant or his agents, Consultants and employees. 7.1.2 The minimum insurance rating for any company insuring the Consultant shall be Best's A -. If the Consultant does not meet the insurance requirements, it is suggested that the County's Risk Manager be consulted prior to finalizing this Agreement. 7.2 Limits of Coverage 7.2.1 Minimum limits of insurance coverage shall be as follows: INSURANCE DESCRIPTION MINIMUM REQUIRED COVERAGE • Worker's Compensation Limits for Coverage A - Statutory State of N.C. Coverage B - Employers Liability $500,000 each accident and policy limit and disease each employee • Commercial General Liability $1,000,000 Each Occurrence; $2,000,000 Aggregate. • Automobile Liability Combined Single Limit $500,000 • Professional Liability 7.2.2 As a State Agency, UNCG is self - insured up to the limits of the North Carolina Tort Claims Act, N.C. Gen. Stat. § 143 -291, et seq. The General Assembly has currently set those limits at $1,000,000 per occurrence. The State has not waived its sovereign immunity beyond the limits of the Act; however, The University of North Carolina System has purchased excess liability insurance to cover the individual and personal liability of its employees up to $5,000,000 per occurrence and $20,000,000 annual aggregate. This coverage applies to negligent acts or omissions of State employees while acting in the course and scope of their employment. 7.3 Indemnity 7.3.1 The Consultant agrees to indemnify and hold harmless the County from all loss, liability, claims or expense, including attorney's fees, arising out of or related to the Project and arising from bodily injury including death or property damage to any person or persons caused in whole or in part by the negligence or misconduct of the Consultant except to the extent same are caused by the negligence or willful misconduct of the County. It is the intent of this provision to require the Consultant to indemnify the County to the fullest extent permitted under North Carolina law. ARTICLE 8 AMENDMENTS TO THE AGREEMENT 8.1 Changes in Basic Services 8.1.1 Changes in the Basic Services and entitlement to additional compensation or a change in duration of this Agreement shall be made by a written Amendment to this Agreement executed by the County and the Consultant. The Consultant shall proceed to perform the Services required by the Amendment only after receiving a fully executed Amendment from the County. ARTICLE 9 TERMINATION 9.1 Termination for Convenience of the County 9.1.1 This Agreement may be terminated without cause by the County and for its convenience upon seven (7) days prior written notice to the Consultant. 9.2 Other Termination 9.2.1 The Consultant may terminate this Agreement based upon the County's material breach of this Agreement; provided, the County has not taken all reasonable actions to remedy the breach. The Consultant shall give the County seven (7) days' prior written notice of its intent to terminate this Agreement for cause. 9.3 Compensation After Termination 9.3.1 In the event of termination, the Consultant shall be paid that portion of the fees and expenses that it has earned to the date of termination, less any costs or expenses incurred or anticipated to be incurred by the County due to errors or omissions of the Consultant. 9.3.2 Should this Agreement be terminated, the Consultant shall deliver to the County within seven (7) days, at no additional cost, all Deliverables including any electronic data or files relating to the Project. 9.4 Waiver 9.4.1 The payment of any sums by the County under this Agreement or the failure of the County to require compliance by the Consultant with any provisions of this Agreement or the waiver by the County of any breach of this Agreement shall not constitute a waiver of any claim for damages by the County for any breach of this Agreement or a waiver of any other required compliance with this Agreement. ARTICLE 10 ADDITIONAL PROVISIONS 10.1 Relationship of Parties 10.1.1 Consultant is an independent contractor of the County. Neither Consultant nor any employee of the Consultant shall be deemed an officer, employee or agent of the County. Consultant's personnel shall not be employees of, or have any contractual relationship with the County. 10.2 Limitation and Assignment 10.2.1 The County and the Consultant each bind themselves, their successors, assigns and legal representatives to the terms of this Agreement. Neither the County nor the Consultant shall assign or transfer its interest in this Agreement without the written consent of the other. 10.3 Governing Law 10.3.1 This Agreement and the duties, responsibilities, obligations and rights of respective parties hereunder shall be governed by the laws of the State of North Carolina. 10.4 Dispute Resolution 10.4.1 Any and all suits or actions to enforce, interpret or seek damages with respect to any provision of, or the performance or non - performance of, this Agreement shall be brought in the General Court of Justice of North Carolina sitting in Orange County, North Carolina and it is agreed by the parties that no other court shall have jurisdiction or venue with respect to such suits or actions. The Parties may agree to nonbinding mediation of any dispute prior to the bringing of such suit or action. 10.5 Extent of Agreement 10.5.1 This Agreement, together with the Request for Proposals together with attachments distributed by the County and the Consultant's submitted Proposal, all of which constitute the Contract Documents, represents the entire and integrated agreement between the County and the Consultant and supersedes all prior negotiations, representations or agreements, either written or oral. In the event of a conflict among the terms of the Contract Documents, the priority of documents shall be This Agreement, the County's Request for Proposals, attachments to the County's Request for Proposals, and the Consultant's Proposal. This Agreement may be amended only by written instrument signed by both parties. Modifications may be evidenced by facsimile signatures. 10.6 Severability 10.6.1 If any provision of this Agreement is held as a matter of law to be unenforceable, the remainder of this Agreement shall be valid and binding upon the Parties. 10.7 Ownership of Deliverables 10.7.1 All Deliverables, together with all supporting materials, source documentation, data collected, field notes, and working drafts, developed in the performance of this Agreement shall become the property of the County and may be used on any other project without additional compensation to the Consultant. The use of the Deliverables by the County or by any person or entity for any purpose other than the Project as set forth in this Agreement shall be at the full risk of the County. 10.8 Non - Appropriation 10.8.1 Consultant acknowledges that County is a governmental entity, and the validity of this Agreement is based upon the availability of public funding under the authority of its statutory mandate. In the event that public funds are unavailable and not appropriated for the performance of County's obligations under this Agreement, then this Agreement shall automatically expire without penalty to County immediately upon written notice to Consultant of the unavailability and non - appropriation of public funds. It is expressly agreed that County shall not activate this non - appropriation provision for its convenience or to circumvent the requirements of this Agreement, but only as an emergency fiscal measure during a substantial fiscal crisis. In the event of a change in the County's statutory authority, mandate and /or mandated functions, by state and/or federal legislative or regulatory action, which adversely affects County's authority to continue its obligations under this Agreement, then this Agreement shall automatically terminate without penalty to County upon written notice to Consultant of such limitation or change in County's legal authority. 10.9 Notices 10.9.1 Any notice required by this Agreement shall be in writing and delivered by certified or registered mail, return receipt requested to the following: Orange County UNCG Dept of Community and Attention: David Stancil Therapeutic Recreation P.O. Box 8181 Attn: Drs. Nancy Gladwell and Erick Byrd Hillsborough, NC 27278 420 D HHP Building, 1408 Walker Avenue Greensboro, NC 27412 IN WITNESS WHEREOF, the Parties, by and through their authorized agents, have hereunder set their hands and seal, all as of the day and year first above written. CO Y: Q ange C'u =TFrancis, : UNCG Fra . Clfiton lalera PhD Director, Office of Sponsored Programs This instrument 4as een approved as to technical content. David Stancil, Department Director This instrument has been pre- audited in the manner required by the Local Government Budget and Fiscal Control Act. N 'l Awle, Office of the Finance Director This u#rumentj1has been approved as to form and legal sufficiency. Z44e-41� Office of the C my Attorney Attachment A Comprehensive Parks and Recreation Master Plan Orange County, NC Research, Data Collection and Analysis Consultant Solicitation October 7, 2011 Overview Orange County is creating a new Comprehensive Parks and Recreation Master Plan in 2011 -12. The current plan dates from 1988 and is in need of substantive revision. The proposed new Plan will address goals, objectives, needs and actions through the year 2030, with a focus on the timeframe 2012 -2022. The County is looking to contract with a person or firm to perform research and data activities toward the creation of a new plan. County staff will use the results of these efforts in the drafting of a new plan in 2012. Specifically, the person or firm will: • Manage and collect data in the areas identified, • Conduct research into certain topical areas related to parks and recreation subjects, • Perform data analysis on the information gathered, and develop and implement a scientific random - sample survey regarding community needs and interests, in support of this effort. The findings of this work will be used in part as the basis of the new Plan, and the selected contractor may also be engaged in writing draft sections of the Plan accordingly, based on further discussion. Solicitation of Candidates for Project October 10 — October 28, 2011 Candidates must submit a letter of proposal (no more than 6 pages in length, printed duplex), with details on proposed approach to accomplish the tasks outlined in the Scope of Work and Project Deliverables. Candidates should also provide, on a separate sheet in a sealed envelope within the submittal, a projected cost for accomplishing this work. Proposals must be received by 5:00 p.m. EDT on October 28, 2011. Proposals may be conveyed by email, received by mail, or in -hand delivered to: Orange County Financial Services Attn: David Cannell, Purchasing Agent 200 S Cameron Street PO Box 8181 Hillsborough, NC 27278 Scope of Work and Project Deliverables While subject to further review based on mutual assent, the following scope of work is anticipated for the successful consultant: Projected Timeframe of Contract': November 17, 2011 through July 1, 2012 Project Deliverables2. 1. Proposed Public Outreach Plan and Needs Assessment Survey Instrument (ca12/30/2011) 2. Demographic, Transportation and Socio- economic Data Collection "Driving Factors" (ca2/15/2012). 3. Research into Tourism Potential and Economic Development Benefits of Parks, Recreation and Open Space (ca 3/15/2011).3 4. Limited Research and Recommendations on (by 6/1/2012): a. Recommended service area standards and System Scope of services for Orange County, b. Compatibility with Orange County Comprehensive Plan 2030; c. Compatibility with Orange County Unified Development Ordinance. 5. Provision (limited) of graphics and maps and tables (by 6/1/2012). 6. Others as mutually agreed to via contract extension. Consultant Expectations 1. Experience in sample survey methodology and public input solicitation; 2. Knowledge of parks and recreation service standards methodology; 3. Knowledge of tourism and economic development impact of parks, recreation and open space; 4. Demographic and socio- economic data collection and analysis experience; 5. Ability to meet with staff and plan uses of research and project deliverables; 6. Knowledge of GIS and mapping capabilities preferred but not required4. 7. Prior experience with (or good working knowledge of) parks and recreation system master plans. Please provide two references. 8. Proficiency in needed software (MS Office Suite — Word, Publisher, Powerpoint, Excel). Contact Information Orange County Department of Environment, Agriculture, Parks and Recreation Attn: David Stancil, Director 306A Revere Rd. PO Box 8181 Hillsborough, NC 27278 1 Subject to change or negotiation by the parties. 2 Dates are approximate, subject to change based on contract negotiation. 3 Note — Existing research may be deemed adequate and sufficient, limiting this need. 4 Most project mapping and graphics will be produced in- house, but consultant feedback and capabilities in this area is a plus. Attachment B UNCG's Task Assignments Task UNCG Orange County Parks and Recreation Needs Assessment Milestone 1' Effectwe date of agreement,between'Or'ange CounyndxUNCG w ,0 June 1. DEVELOPMENT Develop the methodology x Develop the survey instrument x Develop the survey sample x Type mailing labels x Copy mailing list and numbers x Print surveys x Postage on envelopes and surveys "Stuff" envelopes x Mail survey x Send survey reminder x First reminder x ANALYSIS Enter all data into SPSS x Statistically analyze survey data x - t x Milestone 2 Completion of Data Collection and,Analysis .: �,�Octolier3l, 2012 WRITE -UP Write -up survey findings x Develop tables from findings x Write -up survey recommendations x REPORT OF FINDINGS AND RECOMMENDATIONS x To Parks and Recreation staff x To county officials x To county residents x Compile standards applicable to facilities and service delivery x Explanation of the economic impact of parks and recreation on local community x Explanation of the linkage between public parks and recreation facilities and services with community's potential tourism x Milestone 3 Completion of all Tasks and Delivery of Final -,,CPRMP Report � e liruary 1, 2012 Attachment C Timetable for Research, Data Collection, and Analysis Proposal for Orange County Parks and Recreation Needs Assessment Mid -May - August • Develop the methodology • Develop survey sample • Type mailing labels • Copy mailing list • Develop the survey instrument • Meter postage on survey • Print surveys (with metered postage) • Meter postage on envelopes • Type mailing labels • Type return address labels • "Stuff' envelopes • Gatherstandards information September • Mail survey (mail beginning of Labor Day weekend) • Write SPSS program • Begin entering data into SPSS files • Send survey postcard reminder (2 weeks after initial mailing) October • Finish entering data into SPSS file • Statistically analyze survey data • Begin writing the report November — Early December • Develop tables from findings • Write -up survey recommendations • Finish writing the research report • Make copies of the report • Explanation of the economic impact of parks and recreation on local community • Explanation of the linkage between public parks and recreation facilities and services with community's potential tourism January • Develop PowerPoint presentation • Present findings to Parks and Recreation Staff and Orange County Officials (whoever is deemed appropriate) Attachment D Orange County (NC) Research, Data Collection, and Analysis of Parks and Recreation Master Plan Contract with: The University of North Carolina at Greensboro Principle Investigators: Drs. Nancy J. Gladwell, Erick T. Byrd. (Department of Community and Therapeutic Recreation) Budget Item Cost Supplies $ 303.00 8 boxes mailing labels $12.79/box 103.00 Miscellaneous (e.g., ink cartridges, binders, tabs, etc. 200.00 Travel 3 round-trips (85 each *$0 .55 /mile ) $140.00 Printing $ 3000.00 4100 surveys (8 pages) 2050.00 4100 reminder cards + cut 500.00 Personnel $15,000.00 Gladwell 5000.00 Byrd 5000.00 Graduate Student Summer 1000.00 Fall 4000.00 Total Budget $18,403.00 0201.1 - I L-Z ORANGE COUNTY — CONTRACT CONTROL SHEET Routing Order: (1) Department, (2) IT, (3) Risk Management, (4) Financial Services, (5) Attorney, (6) Manager, (7) Clerk This Document shall accompany all contracts and shall be submitted for signature in the Routing Order specified above. If the Manager determines the contract is not appropriate for Manager approval the Manager shall submit the contract for BOCC approval. Contracts for BOCC approval must be submitted through, and complete, the routing process prior to agenda review. Contracts for legal review should be completed through the legal review process prior to being routed for signature. Department Party/Vendor Name: The University of North Carolina at Greensboro Party/Vendor Contact Person: Valera T. Francis, Director, Office of Sponsored Programs Contact Phone. 336 - 334 -5878 arty en Address: 2702 Moore Humanities & Research Admin Bldg., 1111 Spring Garden St. City Greensboro State: NC Zip: 27412 -5013 Department: Office of Sponsorerd Programs Amount: $18,403.00 Purpose: Cons tin ices to Research data Coll Anal si for Oran e c nt co rehensive Parks and Recreation Master Plan Budget Code(s): 10695020- 720250 Vendor # (N /A if new vendor) Vendor is a BOCC consultant? Yes Lj No Contract Type: (Check one) New ® Renewal ❑ Amendment ❑ Effective Date Approved by Board Yes❑ No® Agenda Date: Title of Contract: Comprehensive Parks and Recreation Master Plan (CPRMP) Consultant If this is a Grant Agreement, pre - application has been approved by the Board of Commissioners Yes❑ No❑. If submitted for bid were bids /RFPs received Yes❑ No❑ Bid/RFP number This contract has been reviewed and approved by the Department Director as to technical content: Department Director's Signature: apw Date: ('181)z �� IT Director n16 y to hardware /software purchases or related services) This contract has been reviewed and approved by the Information Director as to technical content and information technology specifications: IT Dh*ctor's Date: Risk Management Include the following coverages: ❑ CGL; ❑ Auto; ❑ WC; ❑ Professional; ❑ Property; ❑ OR No Insurance Required [g-- Hold Contract pending receipt of Certificate of Insurance ❑. With incorporation of Insurance provisions as shown, this contract is approved by the Risk Manager: Risk Manager's Signature: L e—:v J!r Date: �0 . /Z /Z der d Ptit Ca� L�a, Financial Services This Contract is condition d upon appropriation by the Board of Commissioners Yes❑NOX. A budget amendment is necessary before approval Yes❑ No& If budget amendment is necessary, please attach to this form. This instrument has been pre- audited in the manner required by the Local Government Bud et and Fiscal }.C�ontroI ct: Financial Services Director's Signature. Date: —12 County Attorney Approval by Board ❑ (Contracts over $90,000.00 for goods or services, $250,000.00 for construction, or any BOCC consultant contract). Approval by Manager Dfl (All other contracts). This contract has been reviewed and approved by the Attorney as to legal form and sufficiency: Attorney's Signature Z614.to Date: This contract has been reviewed and is approved by the This contract has been reviewed and is to be submitted Manager's Signature: roved BOCC on the _ day of t , 20 Cler s ' nature: R ised Apr' 2010 County Manager inty Manager Ye o❑. OTC consideration Yes❑NeE." % Date: Clerk to the Board Submitted for Chair signature on the _ day of , 20 Date: