HomeMy WebLinkAboutGreenPlay LLC; 2007-12-17;I-NDAiAMENDMENT NO. 2 TO-EMTCHD AMD AMEND AGREEMENT FOR RECREATIONAL
FUNDING CONSULTING SERVICES
GreenPlay, LLC
mendment No. 2 is entered into and effective as of the c*r~" day of
t-sTJi^ _ , 2009_, extending and amending the agreement dated
December f/, 2007 (the "Agreement") by and between the City of Carlsbad, a municipal
corporation, "("City"), and GreenPlay, LLC, ("Contractor") (collectively, the "Parties") for Core
Services and Resource Allocation: Pyramid Method and Pricing Goals.
RECITALS
A. The Parties desire to alter the Agreement's scope of work to include GreenPlay,
LLC's Professional Services-Core Services and Resources Allocation: Pyramid Method and
Pricing Goals; and
—Br- JEbfi-Eartico<lG3ire to extend the Agreement form Dooombor 16, 2000 to June
C. The Parties have negotiated and agreed to a supplemental scope of work and
fee schedule, which is attached to and incorporated in by this reference as Exhibit "A", Scope of
Services and Fee.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
1. In addition to those services contained in the Agreement, as may have been
amended from time to time, Contractor will provide those services described in Exhibit "A". With
this Amendment, the total annual Agreement amount shall not exceed two thousand seven
hundred dollars ($2,700).
2. City will pay Contractor for all work associated with those services described in
Exhibit "A" on a time and materials basis not-to-exceed two thousand seven hundred dollars
($2,700). Contractor will provide City, on a monthly basis, copies of invoices sufficiently detailed
to include hours performed, hourly rates, and related activities and costs for approval by City.
3. Contractor will complete all work described in Exhibit "A" by June 30, 2009.
4. All other provisions of the Agreement, as may have been amended from time to
time, will remain in full force and effect.
5. All requisite insurance policies to be maintained by the Contractor pursuant to the
Agreement, as may have been amended from time to time, will include coverage for this
Amendment.
City Attorney Approved Version #05.22.01
6. The individuals executing this Amendment and-the instruments referenced in it
on behalf of Contractor each represent and warrant that they have the legal power, right
and actual authority to bind Contractor to the terms and conditions of this Amendment.
CONTRACTOR
(sign here)
(print name/title
"By:
(e-malil addfess
c.
(sign here)
(print name/title)
r ri^cQQir<pfeixfl(a.u / /c. L
(e-rrfail addYess1)
CITY OF CARLSBAD, a municipal
corporation of tre State of California
By:
LG&RRAfNt M. WO/5fi>
City Clferk/ {J
If required by City, proper notarial acknowledgment of execution by contractor must be
attached. If a Corporation. Agreement must be signed by one corporate officer from each of the
following two groups.
*Group A.
Chairman,
President, or
Vice-President
**Group B.
Secretary,
Assistant Secretary,
CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering the officer(s) signing to bind the corporation.
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
By:
-Deputy City Attorney
City Attorney Approved Version #05.22.01
EXHIBIT "A"
SCOPE OF SERVICES AND FEE
Plan and conduct an additional two day pyramid cost recovery staff workshop for members of
the goal team, and Parks and Recreation Department management and staff.
Workshop topics include:
• Revisit outcomes from the Services Assessment - discuss findings and confirm results
• Review Categories of Service - discuss findings and confirm results
• Define and review direct and indirect costs
• Prepare and conduct a pyramid budget training/exercise session for selected areas
within the Parks and Recreation Department
• Review stakeholders list
• Prepare for public workshops
The total fee payable for services to be performed will be twenty seven hundred dollars ($2,700)
and will not exceed the contract end period (June 30, 2009) as stipulated in Amendment One.
City Attorney Approved Version #05.22.01
AMENDMENT NO. 1 TO EXTEND AND AMEND AGREEMENT FOR RECREATIONAL
FUNDING CONSULTING SERVICES
GreenPlay, LLC
Jihi§Amendment No. 1 is entered into and effective as of the / / 'day of
, 200&_. extending and amending the agreement dated
December 17, 2007 (the "Agreement") by and between the City of Carlsbad, a municipal
corporation, ("City"), and GreenPlay, LLC, ("Contractor") (collectively, the "Parties") for Core
Services and Resource Allocation: Pyramid Method and Pricing Goals.
RECITALS
A. The Parties desire to alter the Agreement's scope of work to include GreenPlay,
LLC's Professional Services-Core Services and Resources Allocation: Pyramid Method and
Pricing Goals; and
B. The Parties desire to extend the Agreement form December 16,2008 to June 30,
2009.
C. The Parties have negotiated and agreed to a supplemental scope of work and
fee schedule, which is attached to and incorporated in by this reference as Exhibit "A", Scope of
Services and Fee.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
1. In addition to those services contained in the Agreement, as may have been
amended from time to time, Contractor will provide those services described in Exhibit "A". With
this Amendment, the total annual Agreement amount shall not exceed forty eight thousand four
hundred dollars ($48,400).
2. City will pay Contractor for all work associated with those services described in
Exhibit "A" on a time and materials basis not-to-exceed forty eight thousand four hundred dollars
($48,400). Contractor will provide City, on a monthly basis, copies of invoices sufficiently
detailed to include hours performed, hourly rates, and related activities and costs for approval
by City.
3. Contractor will complete all work described in Exhibit "A" by June 30, 2009.
4. All other provisions of the Agreement, as may have been amended from time to
time, will remain in full force and effect.
5. All requisite insurance policies to be maintained by the Contractor pursuant to the
Agreement, as may have been amended from time to time, will include coverage for this
Amendment.
City Attorney Approved Version #05.22.01
6. The individuals executing this Amendment and the instruments referenced in it
on behalf of Contractor each represent and warrant that they have the legal power, right
and actual authority to bind Contractor to the terms and conditions of this Amendment.
CONTRACTOR
(sign here)
i L. fig
(print name/title)
/iii ( {{.i com
e-mail address
(sign here)
(print name/title) (f\aA«<j) rt4
CITY OF
corporatiop
By:
/OSARLSBAD, a
of the Sta&of <
City Clerk .N\»»"""///
s^^oS^oy;*«<«4:-.^
(e-mail address)
If required by City, proper notarial acknowledgment of execution by contractor must be
attached. If a Corporation, Agreement must be signed by one corporate officer from each of the
following two groups.
*Group A.
Chairman,
President, or
Vice-President
**Group B.
Secretary,
Assistant Secretary,
CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering the officer(s) signing to bind the corporation.
APPROVED AS TO FORM:
RONALDxRCBALL, City Attorney
Deputy City Attorney
City Attorney Approved Version #05.22.01
State of Colorado
County of Broomfield
-tV rThe foregoing instrument was acknowledged before me this IkS day of ^>epnyY\Atfi— , 2008 by
Teresa L. Penbrooke. President and Founding Managing Member of GreenPlay, LLC, a Colorado Limited
Liability Corporation, on behalf of the corporation.
Signature
My commission expires: ~~l I 3 f { B^Q |D
JANAWEST
Notary Public
State of Colorado
State of Colorado
County of Broomfield
. 2008 byThe foregoing instrument was acknowledged before me this J£ _ day of
Christine Dropinski. Senior Principal & Managing Member of GreenPlay, LLC, a Colorado Limited Liability
Corporation, on behalf of the corporation.
Signature
My commission expires: ~ll 3i toLO(D
JANAWEST
Notary Public
State of Colorado
EXHIBIT "A"
SCOPE OF SERVICES AND FEE
See Exhibit "A" attached.
City Attorney Approved Version #05.22.01
We understand that the project will provide a framework for future financial planning and decision-making,
including budgeting and pricing for park and recreation services in the Carlsbad community. The project
includes a Core Services and Resource Allocation Model and Policy, with elements of a Strategic Financial Plan
including development of Goals and Objectives, Cost Centers, Comparative Analysis Criteria, and a Pricing
Policy, Methodology, and Process. This facilitated project will result in the development of a Model and Policy
incorporating a system-wide approach to providing core services and how resources are allocated based on a
philosophy that reflects the values, vision, and mission of the Community and the Department. Results will include
recommendations for the City Council's consideration of a formalized Core Services and Resource Allocation Model
and Policy and Strategic Financial Plan elements.
Typically, we evaluate the current level of service provided by the agency in relation to the organization's Values,
Vision, and Mission. Using the Pyramid Methodology, we identify core services and ancillary services, and
categorize and sort them in relation to who benefits from the service within the community. By engaging your
decision-makers, agency leadership, members of the public and key stakeholders in the process, we create "Buy-
in" and facilitate an educational opportunity for all participants.
Current subsidy and cost recovery levels are reviewed and target subsidy and cost recovery goals are established
by the leadership team. The results articulate any disconnects between the current goal status and the optimal.
The resulting analysis demonstrates where further investigation into market analysis, fee benchmarking, trends
and demographic analysis may be necessary. Phased recommendations can be developed for revising current
pricing strategies, creating operational efficiencies, and identifying opportunities for use of alternative funding.
The process to develop this plan will include a progressive workshop format for development of a Core Services
and Resource Allocation Model using the Pyramid Methodology.
The process also includes elements of a Strategic Financial Plan with Pricing Policy - directing the implementation
of the Core Services and Resource Allocation Model, and the resulting cost recovery philosophy. With a Model and
Policy/ this Plan is a more comprehensive approach to financial management and includes:
• Developing financial objectives, and tactics to meet Carlsbad's financial goals
• An in-depth analysis of current revenue production and service costs
• A comparative analysis criteria for use with other service providers
• Developing a pricing philosophy, process, and methodology to establish fees that align with organizational
values, vision, mission, community needs and demands, market tolerance, and available resources
• Budgeting principles, including development of a methodology and process for periodic fees and charges
review
• Costing and pricing exercises ;T
COPY
, ,4""*3 J***.t« *
We understand that the principal objectives of the Core Services and Resource Allocation Model and Policy and
Strategic Financial Plan elements are to:
• Review Carlsbad's mission and vision statements along with adopted core values
• Inventory, review, and categorize existing services, including programs and facilities
• Inventory and review existing fees and charges, revenue producing and management agreements/
contracts, and revenue generating services
• Meet with Council members, Commissioners, community leaders, management staff, contracted program
providers, and stakeholders to review current cost recovery practices
• Identify "core services" and ancillary services
• Review subsidy allocation practices
• Develop a process and methodology for resource allocation
• Develop a draft Core Services and Recourse Allocation Model and Policy with elements of a Strategic
Financial Plan, including development of Goals and Objectives, Cost Centers, Comparative Analysis
Criteria, and a Pricing Policy, Methodology, and Process, and present the Draft to the City Council
• Provide an approved Core Services and Recourse Allocation Model and Policy, and elements of a Strategic
Financial Plan including Goals and Objectives, Cost Centers, Comparative Analysis Criteria, and a Pricing
Policy, Methodology, and Process - one hardcopy and one electronic version
• Complete the project within six (6) months of contract dateln order to achieve the objectives of the
project, our GreenPlay Team proposes to work with the City's Project Team and other representatives and
participating members as a team to use and provide the following steps, processes, and deliverables.
8 Helping You Achieve Your Goals
In order to achieve the objectives of the project, our GreenPlay Team proposes to work with the City's Project
Team and other representatives and participating members as a team to use and provide the following steps,
processes, and deliverables.
A. Start-Up and Determination of Critical Success Factors
Upon selection and award, our GreenPlay team will provide a Detailed Work Plan within 10 days of the award of
contract to the Project Team for discussion at a Start-Up Meeting. We will review the details of the work plan at the
orientation meeting and formalize the timeline and details of the Project Planning Process including:
• Accepted methodologies and task processes
• Final number and types of meetings
• Workshop format
• Final methodology
• Desired benchmarking comparables
• Expected quality and formats for deliverables
• Agreement on implementation strategies
We will set a timeline for the public involvement process and the anticipated approval process.
Project Coordination
Having worked as professionals on "your side of the table", we understand how important it is for consultants to
be in touch and in contact with you, but also to be understanding of your day-to-day responsibilities and need for
efficient use of time. We will work closely with your team during Start-Up to identify key "Critical Success Factors"
that will help this project be successful and achieve your desired level of involvement and outcomes. When we are
not on site for scheduled meetings, we will be in contact through phone and email to keep you and us as informed
and involved as desired. We have successfully completed over 200 projects nationwide, and we pride ourselves
on never having finished a project late due to internal workloads. We want to help be as timely and efficient as
possible, while also being thorough and complete.
Integration with Existing Values, Vision, Mission, Plans, and Departmental Operations
As part of the process and information gathering, we will work to ensure that the Core Services and Recourse
Allocation Model and Policy, with elements of a Strategic Financial Plan is integrated with all other previous
and/or current planning work including existing funding plans, budgets, and workplans. This integration of work
ensures a thoughtful and comprehensive approach to creating a useful and effective Model and Policy.
Yout ^^our Goals
Cfcy «f Carlsbad's Park* and R*cr*afton D«partm «nt
Financial Planning Proems
. ..._icing Tactics A
Performance
Measures
Pricing Policy &
Methodology
Agreement <£
Contract Review
financing Goals A
Objectives
Financial
Plan &
Revenue
Enhancem
Plan
Organizational
Review - vdues
vision <S mission
Resource
Allocation Model
Establishment of
Cost
Recovery/5u bsidy
Goals
Core Services
Identification
Pyramid
Methodology
Current Resource
Allocation & Corr
Recovery/Su bsidy
B. Facilitating the Creation of a Core Services and Resource Allocation Model and Policy
Introduction
Having a Core Services and Resource Allocation Model and Policy in place can help agencies answer challenging
questions from their stakeholders and governing bodies, such as:
• "Are your programs and activities priced fairly?"
• "How will we continue to fund our agency's facilities and services in relationship to future budget
constraints?"
• "Are those who can pay, paying?"
• "Are those who cannot afford to pay getting assistance/subsidies?"
• "Are you using your funding in a responsible manner?"
• "Does the way you charge for facilities, programs, and services support the agency's mission?"
Establishing a carefully considered philosophy for subsidy allocation and cost recovery expectations is a good
foundation for charging fees and enlisting other funding sources for services, including facilities and programs. This
process can help an agency determine when they have established a sufficient number and variety of services,
including facilities and programs that benefit a large number of constituents, and when they can begin to focus
on services for smaller numbers of individuals. It can allow staff to recognize where subsidy is being applied,
determine if it is at an appropriate level, and help new staff understand how and why offerings are priced as they
are. Another result of an articulated subsidy and cost recovery philosophy is to help justify the costs and pricing
of new services.
COPY
Helping You Adttove Your Goals
The
Pyramid
Methodology
Resource Allocation and Cost Recovery
The Pyramid Methodology
An Important foundation
The way that revenue can be generated
through fees and charges, and other funding
sources will be addressed in the context of future pricing and
cost recovery decisions. GreenPlay utilizes a Pyramid Model,
as diagramed to the right, to help identify a philosophy for
which services including facilities and programs should be
subsidized or self-sustaining. The Model identifies where one
might use alternative funding, what services might be fee-
based and to what extent, is the basis for the development of
a fair, equitable, and simple fees and charges structure, and
directs development strategies to help meet cost recovery goals.
This proposal is designed to assist the City of Carlsbad in articulating a subsidy and cost recovery philosophy that
aligns with pricing practices. The philosophy will support the values, vision, and mission of the agency. In addition,
the process will help the agency meet desired goals for future subsidy and cost recovery and levels, and budgeting.
The process presented here is designed to involve a number of staff from different parts of the agency. As "buy-in"
from all levels is desired, employee, leadership, and community participation is critical to successful development
and implementation. The project involves using the Pyramid Methodology to assist engaged stakeholders including
partners, decision-makers, and agency management and staff in categorizing services, including facilities and
programs, into an approved philosophy that leads to the logical determination of subsidy and cost-recovery goals,
as well as provide recommendations for implementation.
Preliminary Work
Prior to the beginning of the Workshop Series, GreenPlay will work with an assigned agency Project Manager and
appropriate senior staff members to further define this project and determine exactly which staff will be involved
and at which points along the way. GreenPlay consultants will work with the Project Manager to assimilate the
agency's financial and related information. Other issues to be addressed include:
• Clarification of accurate current cost recovery and subsidy levels for the agency as well as its
organizational sections, and confirmation of overarching financial themes or departmental subsidy and
cost recovery goals for the future
• Confirmation of a workplan and timeline for the project
• Determination of the process for participant involvement later in the project
• Identification of project "champions," those charged with facilitating the process in the absence of
the consultant
,.11 Goats
Workshop I - Beginning the Process - Full Day with the Cost/Benefit Analysis Team
Lunch provided by the Agency
It is suggested that the agency develop a temporary small working group of key staff (perhaps called the Cost/
Benefit Analysis Team?) who are tasked with championing this project within the agency. It is important to have
involvement and "buy-in" from the top level of the agency and each division. In meeting with the Project Manager
and this Team, assuming that the primary work will be led by members of the Cost/Benefit Analysis Team, during
Workshop I we will:
• Provide a summary and update on the philosophic underpinnings of the process and customize the
implementation approach for the agency
• Assure that appropriate communication and "buy-in" are established through relevant staff and leadership
involvement, and that the effort is appropriately geared for communication with Council, Boards, and the
public/stakeholders
Additionally, at Workshop I, staff will and identify preliminary overarching target financial goals forthe department's
cost recovery and subsidy so they can be applied to each level of the Pyramid later in the process. The Team will
further discuss and define the appropriate "filters" to be considered at Workshop II. Preliminarily filters include:
• Beneficiary
• Access
• Agency Responsibility/Obligation
• Impacts on Resources and Community
• Impacts of Not Providing the Service
• Social Value
Before Workshop I, the Cost/Benefit Analysis Team will need to work with other staff to create a complete inventory
of services, including facilities and programs, and begin to define associated costs and cost recovery through fees,
charges, and alternative funding. During Workshop I, we will identify and define manageable Categories of Service
of which each individual service will be placed. These Categories of Service then will be placed into varying levels
of the Pyramid in Workshop II.
Before the Workshop II series, GreenPlay will meet with the Project Manager to obtain a list of those attending
and their interest areas.
Workshop II — 2 Day Program
Oayl
Facilitation Training prior to Workshops IIA/B - 30-minute workshop
• Consensus building and facilitation training for the Cost Benefit Analysis Team, who will lead workshop
participants in a Categorization of Services Exercise
Workshops IIA/B - Categorization of Services - One to two - 2 to 3 hour workshops for additional members of
the staff, public and other key stakeholders - up to 60 in each session
Snacks/meals provided by the Agency for the workshop participants
This is where we create ownership for your philosophy, while everyone discovers the current and possibly
varied operating histories, cultures, missions, and values of your Agency. This is the time to develop consensus
and to get all staff on the same page - the page you write together.
12 Helping You Achieve Your Goals
Content, Logistics and Format
• Discussion of the organization's values, vision, and mission
• Discussion of direct and indirect costs
• Introduction of the agency's Categories of Service and definitions
• Discussion of the filters and definitions
• Sample exercise (depending on length of workshops)
• Exercise - Consensus Sorting of Categories of Service
• Wrap up and next steps
GreenPlay believes it is important that all levels of staff and perhaps even front-line volunteers and other key
stakeholders take part in the process of deciding where the categories "fit" on the Pyramid for the agency. The
GreenPlay team will facilitate the workshop, along with the Cost/Benefit Analysis Team, to present the philosophy
and work to-date. Together, we will lead exercises for the staff and stakeholders to participate in, placing the
categories according to who benefits and the values, vision, and mission of the agency.
Day 2
Workshop IIC - Sculpting The Model- Full Day with the Cost Benefit Analysis Team
Lunch provided by the Agency
Content, Logistics and Format
• Present results of Workshops IIA/B - Develop Consensus Pyramid
• Determine direct and indirect costs
• Consider other financial definitions
• Determine costs centers
• Set preliminary cost recovery levels or target ranges
• Discuss other considerations, disconnects, and exceptions
Other considerations include:
• Individual Commitment Level
• Trends
• Political Realities
• Historic Expectations
• Marketing Benefits
• Relative Cost to Provide
• Financial impacts
• Next steps and wrap up
Before Workshop III, the Cost/Benefit Analysis Team will apply the newly refined consensus definitions of direct
and indirect costs to sample programs and services.
13 Helping You Achieve Your Goals
Workshop III - Finalizing the Model - Full Day with the Cost Benefit Analysis Team
Lunch provided by the Agency
Based on the Pyramid Model and results from Workshop II, GreenPlay will work closely with the Cost/Benefit
Analysis Team to develop cost recovery guidelines based on:
• Who benefits from the service
• Application of additional filters
• Other considerations, disconnects and exceptions
• Whether the individual/group receiving the service generates the need and therefore should bear the cost
of providing the service
• Whether a full-cost fee would pose a hardship for specific users
• To what degree the community values taxpayer subsidization for various user categories
At Workshop III we work with the Cost/Benefit Analysis Team to refine terms and definitions and finalize subsidy
and cost recovery goals, and formulas for each level of the Pyramid. These determinations will allow staff, the
Council, and the public to understand why and how various offerings are priced the way they are. It will also set
the stage and philosophy for establishing a future pricing policy including cost recovery decisions.
Outcomes of Workshop III will be:
• A Core Services and Resource Allocation Model and Policy draft, created by the consultants following
the Workshops, based on an outline provided by GreenPlay and can be presented for approval by the City
Council.
• Recommendations for implementation including consideration for changes to the Agency's pricing practices
and existing guidelines, as needed, in order to reach subsidy allocation and cost recovery goals, and/or
establishing a criteria and methodology for setting fees and charges, and use of alternative funding.
• Tasks and a next-steps outline for all staff to follow, to conduct on-going update of classifying services of
the Agency, and to determine future subsidy allocation and cost recovery goals.
• A process to communicate the outcomes of the workshop to the rest of the staff, public, and other
stakeholders.
Results of the process for assigning desired subsidy allocation and cost recovery goals and adjusting or establishing
a pricing policy to reflect the Core Services and Resource Allocation Model and Policy will allow the agency to:
• Articulate a comprehensive Core Services and Resource Allocation Model
• Help reach subsidy allocation and cost recovery goals
• Shift subsidy to where it is most appropriately needed
• Recommend service cuts, if needed, to meet budget subsidy targets or to show how revenues can be
enhanced as an alternative
• Justify the subsidy allocation and cost recovery goals of new programs
• Determine a foundation for establishing a pricing policy and other financial strategic planning goals
14 Helping You Achieve Your Goals
C. Strategic Financial Plan - (including Pricing Policy)
This scope of work follows approval of Task B.
The Strategic Financial Plan elements with the Pricing Policy will address service planning, costing and pricing
strategies, fees and charges methodologies, and budgeting principles.
1. Goal Identification and Objective Development
The Core Services and Resource Allocation Model and Service Assessment (previously completed) both lead to
the development of a Strategic Financial Plan.
The vision of your agency speaks to a future condition. It's where you want to be and what you want to become in
the future. Your values, vision, and mission moves you from point A to point B and has a finish line in the future.
Performance measures are the way you will tell if you have reached the milestones (goals, objectives, and tactics)
successfully.
We will review your agency vision in terms of where you fit into your community - "What are the benefits of what
you provide?" This is a place to celebrate what you do and to highlight and articulate the way your agency's work
provides community benefits. Examples include:
Q Economic benefits
Q Social benefits
Q Health and Wellness benefits
Q Environmental benefits
We develop your financial goals and objectives in alignment with the values, vision, and mission of the agency,
through the formulation of your tactics and performance measures for implementation.
Goals are broad-based statements of intent that align with the agency's values and mission and lead to the
realization of the agency's vision. Objectives are measurable, attainable milestones - accomplishment leads to goal
satisfaction. Tactics and performance measures are the actions you will take to achieve your vision. Tactics can be
broken down into individual actions and tasks to be accomplished. These can be prioritized and organized into an
annual action plan or workplan. The agency's performance and progress toward achieving the goals and objectives
are then benchmarked or measured overtime.
2. Cost Centers
Developing the application of separate Cost Center Pyramid Models will demonstrate the necessary performance
goals for each category of service related to cost center budgeting. Using the revised and defined consensus
definitions of direct costs (both fixed and variable), indirect costs or contingency allocations, and target cost
recovery levels from the Pyramid Model, we will extrapolate each individual service's (facility or program) costs.
This costing is the basis for the development of pricing strategies, fees and charges methodologies and processes.
This is where the actionable application of the methodology begins to take shape. This facilitated process informs
additional market tolerance surveying, benchmarking, and other pricing strategies, as well as forms the basis for
developing the performance measurement criteria.
25 Helping You Achieve Your Goals
3. Comparative Analysis Criteria
Benchmarking is an important tool that provides for comparisons of certain attributes of a specific public parks and
recreation agency with other agencies in similar communities. This process creates deeper understanding of best
practices that may be used to enhance and improve the service delivery of parks and recreation.
Identifying similar communities that will provide an exact comparison to yours poses a challenge because
each community has their own identity and individualized systems. The political, social, economic, and
physical characteristics of each community make the policies and practices of each parks and recreation agency
unique.
Despite efforts to promote uniformity in comparison, organizations have slightly different fee structures and
associated benefits. For example, some parks and recreation departments may not report all benefits associated
with the purchase of a center membership, or may not explain the breadth of indoor recreation spaces they have
in the same way as another. The availability of detailed information may also be limited.
4. Develop a Pricing Policy, Methodology, and Process
Based upon the Core Services and Resource Allocation Model, GreenPlay will develop a Pricing Policy for the
agency that articulates the pricing methodology that will be used by staff. This will be followed by a workshop that
intended to teach the methodology to ensure consistency in the establishment of fees and charges. The Policy will
also include a process for periodic fee reviews, and include alternative resource identification.
D. Council Presentation
Council Presentation - Date To Be Determined
GreenPlay will present information based on a draft report to the City Council or other governing/approval
body. We will discuss the methodology and articulate the results of the process of assigning desired subsidy and
cost recovery levels, as well as the value of utilizing a comprehensive Core Services and Resource Allocation
Model in the future. We will also discuss the Models, Philosophies, and Plans, which articulate and illustrate the
implementation strategies of the Strategic Financial Plan elements that will ensure a sustainable future.
The Core Services and Recourse Allocation Model and Policy, with the elements of a Strategic Financial Plan
including Goals and Objectives, Cost Centers, Comparative Analysis Criteria, and a Pricing Policy, Methodology,
and Process will be based on Carlsbad's community values, and will provide an alignment with the City's values,
vision, mission, and core services, establishing the framework for future decisions. After this presentation,
GreenPlay will revise the final document and will submit all deliverables for final review and approval.
16 Helping You Achieve Your Goals
Upon award of the project by September 15, 2008, we can have the City of Carlsbad Parks and Recreation
Department Core Services and Resource Allocation Model and draft Policy completed no later than January
31, 2009. A presentation will be made to the City Council in January or February 2009. We can have our team
members available to complete the project as proposed. Final length of project is primarily determined by the time
needed to carry out the number of desired public meetings, the conducting of the survey, presentations, and the
time for approvals within the governing structure (all to be finalized during discussions during Start-Up.)
Unlike some firms who propose with a set number of meetings, while we outline our process and suggested
timeline for you here, we know that we need to talk further with you to completely understand your public
notification, staff resource availability and approval channels. We are very flexible and efficient, and will conduct
and attend the necessary number of meetings we need to in order to help you get this project done in a way that
works specifically for your agency. We have never completed a project late due to internal GreenPlay workloads.
Task and Key Meetings - 2008 S O N D J F
A. Startup
B. Cost Recovery Philosophy and Policy
1. Workshop 1
2. Workshop II
3. Workshop III
4. Writing of Draft Policy
5. Presentation to City Council
6. Final Policy
C. Financial Strategic Plan
1. Goal Identification & Objective Development
2. Cost Centers
3. Comparative Analysis Criteria
4. Develop a Pricing Policy, Methodology, and Process
D. Final Plan and Final Presentation
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X = Meetings and presentations for Team Members as needed. Task B includes 4 trips, task C includes 1 trip, task Dl includes
1 trip, task D6 includes 1 trip, and task E includes 1 trip.
17 Helping You Achieve Vbur Goals
Cost of Services - Final Budget
Carlsbad Parks and Recreation Department
Core Services and Resource Allocation Model
A. Startup
B. Cost Recovery Philosophy and Policy
Workshop 1
Workshop IIA/B/C
Workshop III
Writing Draft Policy
Presentation to City Council and Final Revisions *
C. Financial Strategic Plan
1. Goal Identification and Objective Development
2. Cost Centers
3. Comparative Analysis Criteria
4. Develop a Pricing Policy, Methodology, and Process
$1,500
$6,300
$8,300
$6,475
$2,340
$2,700
$8,650
$2,225
$1,345
$8,565
$1,500
$26,115
$8,650
$2,225
$1,345
$8,565
Totals $48,400 $48,400
This project is billed as Firm-Fixed Fee, meaning that all travel, reimbursable expenses and work products are built
into the per task cost.
* Includes estimate of electronic copy of the draft document, and 1 B&W, 1 Color, and an electronic copy of the
final document.
** This fee is based on Option 3 and can be reduced if other options are chosen, City staff conducts the survey and
consolidates the data for GreenPlay to review.
*** Includes estimate of lelectronic copy of the draft document, and 1 bound color copy, 1 bound B& W copy, and
electronic copy of the final document.
t ^>,\ / %*v,"' ffl > ' '
22 Helping You Achieve Your Goals
,.'"
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ICO
DMwnbar4,2007
TO WHOM FT MAY CONCERN:
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.LLC.
E
OPY
AGREEMENT FOR RECREATIONAL FUNDING CONSULTING SERVICES
(GreenPlay, LLC)
THIS AGREEMENT is made and entered into as of the / IT*" day of
2Qt)1. by and between the CITY OF CARLSBAD, a municipal
corporation, ("City"), and GreenPlay, LLC ("Contractor"), a limited liability company
specializing in recreation consulting.
RECITALS
A. City requires the professional services of a recreation consulting firm that
is experienced in exploring alternative funding sources for park development and park
operations.
B. Contractor has the necessary experience in providing professional
services and advice related to recreational funding.
C. Selection of Contractor is expected to achieve the desired results in an
expedited fashion.
D. Contractor has submitted a proposal to City and has affirmed its
willingness and ability to perform such work.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
1. SCOPE OF WORK
City retains Contractor to perform, and Contractor agrees to render, those services (the
"Services") that are defined in attached Exhibit "A", which is incorporated by this
reference in accordance with this Agreement's terms and conditions.
2- STANDARD OF PERFORMANCE
While performing the Services, Contractor will exercise the reasonable professional
care and skill customarily exercised by reputable members of Contractor's profession
practicing in the Metropolitan Southern California Area, and will use reasonable
diligence and best judgment while exercising its professional skill and expertise.
3. TERM
The term of this Agreement will be effective for a period of 1 year from the date first
above written. The City Manager may amend the Agreement to extend it for 1 additional
1 year period or parts thereof in an amount not to exceed $fifty thousand dollars
($50,000) per Agreement year. Extensions will be based upon a satisfactory review of
Contractor's performance, City needs, and appropriation of funds by the City Council.
The parties will prepare a written amendment indicating the effective date and length of
the extended Agreement.
City Attorney Approved Version #11.28.06
4. TIME IS OF THE ESSENCE
Time is of the essence for each and every provision of this Agreement.
5. COMPENSATION
The total fee payable for the Services to be performed during the initial Agreement term
will be fourteen thousand one hundred dollars ($14,100). No other compensation for the
Services will be allowed except for items covered by subsequent amendments to this
Agreement. The City reserves the right to withhold a ten percent (10%) retention until
City has accepted the work and/or Services specified in Exhibit "A".
Incremental payments, if applicable, should be made as outlined in attached Exhibit "A".
6. STATUS OF CONTRACTOR
Contractor will perform the Services in Contractor's own way as an independent
contractor and in pursuit of Contractor's independent calling, and not as an employee of
City. Contractor will be under control of City only as to the result to be accomplished,
but will consult with City as necessary. The persons used by Contractor to provide
services under this Agreement will not be considered employees of City for any
purposes.
The payment made to Contractor pursuant to the Agreement will be the full and
complete compensation to which Contractor is entitled. City will not make any federal or
state tax withholdings on behalf of Contractor or its agents, employees or
subcontractors. City will not be required to pay any workers' compensation insurance or
unemployment contributions on behalf of Contractor or its employees or subcontractors.
Contractor agrees to indemnify City within thirty (30) days for any tax, retirement
contribution, social security, overtime payment, unemployment payment or workers'
compensation payment which City may be required to make on behalf of Contractor or
any agent, employee, or subcontractor of Contractor for work done under this
Agreement. At the City's election, City may deduct the indemnification amount from any
balance owing to Contractor.
7. SUBCONTRACTING
Contractor will not subcontract any portion of the Services without prior written approval
of City. If Contractor subcontracts any of the Services, Contractor will be fully
responsible to City for the acts and omissions of Contractor's subcontractor and of the
persons either directly or indirectly employed by the subcontractor, as Contractor is for
the acts and omissions of persons directly employed by Contractor. Nothing contained
in this Agreement will create any contractual relationship between any subcontractor of
Contractor and City. Contractor will be responsible for payment of subcontractors.
Contractor will bind every subcontractor and every subcontractor of a subcontractor by
the terms of this Agreement applicable to Contractor's work unless specifically noted to
the contrary in the subcontract and approved in writing by City.
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8. OTHER CONTRACTORS
The City reserves the right to employ other Contractors in connection with the Services.
9. INDEMNIFICATION
Contractor agrees to indemnify and hold harmless the City and its officers, officials,
employees and volunteers from and against all claims, damages, losses and expenses
including attorneys fees arising out of the performance of the work described herein
caused by any negligence, recklessness, or willful misconduct of the Contractor, any
subcontractor, anyone directly or indirectly employed by any of them or anyone for
whose acts any of them may be liable.
The parties expressly agree that any payment, attorney's fee, costs or expense City
incurs or makes to or on behalf of an injured employee under the City's self-
administered workers' compensation is included as a loss, expense or cost for the
purposes of this section, and that this section will survive the expiration or early
termination of this Agreement.
10. INSURANCE
Contractor will obtain and maintain for the duration of the Agreement and any and all
amendments, insurance against claims for injuries to persons or damage to property
which may arise out of or in connection with performance of the services by Contractor
or Contractor's agents, representatives, employees or subcontractors. The insurance
will be obtained from an insurance carrier admitted and authorized to do business in the
State of California. The insurance carrier is required to have a current Best's Key Rating
of not less than "A-:V".
10.1 Coverages and Limits.
Contractor will maintain the types of coverages and minimum limits indicated below,
unless City Attorney or City Manager approves a lower amount. These minimum
amounts of coverage will not constitute any limitations or cap on Contractor's
indemnification obligations under this Agreement. City, its officers, agents and
employees make no representation that the limits of the insurance specified to be
carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If
Contractor believes that any required insurance coverage is inadequate, Contractor will
obtain such additional insurance coverage, as Contractor deems adequate, at
Contractor's sole expense.
10.1.1 Commercial General Liability Insurance. $1.000.000 combined
single-limit per occurrence for bodily injury, personal injury and property damage. If the
submitted policies contain aggregate limits, general aggregate limits will apply
separately to the work under this Agreement or the general aggregate will be twice the
required per occurrence limit.
10.1.2 Automobile Liability (if the use of an automobile is involved for
Contractor's work for City). $1,000,000 combined single-limit per accident for bodily
injury and property damage.
City Attorney Approved Version #11.28.06
10.1.3 Workers' Compensation and Employer's Liability. Workers'
Compensation limits as required by the California Labor Code and Employer's Liability
limits of'ffiOOO.OOOyper accident for bodily injury. Workers' Compensation and Employer's
Liability Insurance will not be required if Contractor has no employees and provides, to
City's satisfaction, a declaration stating this.
10.2. Additional Provisions. Contractor will ensure that the policies of insurance
required under this Agreement contain, or are endorsed to contain, the following
provisions:
10.2.1 The City will be named as an additional insured on General
Liability.
10.2.2 Contractor will obtain occurrence coverage, excluding Professional
Liability, which will be written as claims-made coverage.
10.2.3 This insurance will be in force during the life of the Agreement and
any extensions of it and will not be canceled without thirty (30) days prior written notice
to City sent by certified mail pursuant to the Notice provisions of this Agreement.
1 0.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution
of this Agreement, Contractor will furnish certificates of insurance and endorsements to
City.
10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these
insurance coverages, then City will have the option to declare Contractor in breach, or
may purchase replacement insurance or pay the premiums that are due on existing
policies in order to maintain the required coverages. Contractor is responsible for any
payments made by City to obtain or maintain insurance and City may collect these
payments from Contractor or deduct the amount paid from any sums due Contractor
under this Agreement.
10.5 Submission of Insurance Policies. City reserves the right to require, at anytime,
complete and certified copies of any or all required insurance policies and
endorsements.
11. BUSINESS LICENSE
Contractor will obtain and maintain a City of Carlsbad Business License for the term of
the Agreement, as may be amended from time-to-time.
12. ACCOUNTING RECORDS
Contractor will maintain complete and accurate records with respect to costs incurred
under this Agreement. All records will be clearly identifiable. Contractor will allow a
representative of City during normal business hours to examine, audit, and make
transcripts or copies of records and any other documents created pursuant to this
City Attorney Approved Version #1 1 .28.06
Agreement. Contractor will allow inspection of all work, data, documents, proceedings,
and activities related to the Agreement for a period of three (3) years from the date of
final payment under this Agreement.
13. OWNERSHIP OF DOCUMENTS
All work product produced by Contractor or its agents, employees, and subcontractors
pursuant to this Agreement is the property of City. In the event this Agreement is
terminated, all work product produced by Contractor or its agents, employees and
subcontractors pursuant to this Agreement will be delivered at once to City. Contractor
will have the right to make one (1) copy of the work product for Contractor's records.
14. COPYRIGHTS
Contractor agrees that all copyrights that arise from the services will be vested in City
and Contractor relinquishes all claims to the copyrights in favor of City.
15. NOTICES
The name of the persons who are authorized to give written notices or to receive written
notice on behalf of City and on behalf of Contractor under this Agreement.
For City: For Contractor:
Name Name
Title _ Title C&o 4-
Department _
City of Carlsbad
Address Phone No.
Phone No.
Each party will notify the other immediately of any changes of address that would
require any notice or delivery to be directed to another address.
16. CONFLICT OF INTEREST
City will evaluate Contractor's duties pursuant to this Agreement to determine whether
disclosure under the Political Reform Act and City's Conflict of Interest Code is required
of Contractor or any of Contractor's employees, agents, or subcontractors. Should it be
determined that disclosure is required, Contractor or Contractor's affected employees,
agents, or subcontractors will complete and file with the City Clerk those schedules
specified by City and contained in the Statement of Economic Interests Form 700.
Contractor, for Contractor and on behalf of Contractor's agents, employees,
subcontractors and consultants warrants that by execution of this Agreement, that they
City Attorney Approved Version #11.28.06
have no interest, present or contemplated, in the projects affected by this Agreement.
Contractor further warrants that neither Contractor, nor Contractor's agents, employees,
subcontractors and consultants have any ancillary real property, business interests or
income that will be affected by this Agreement or, alternatively, that Contractor will file
with the City an affidavit disclosing this interest.
17. GENERAL COMPLIANCE WITH LAWS
Contractor will keep fully informed of federal, state and local laws and ordinances and
regulations which in any manner affect those employed by Contractor, or in any way
affect the performance of the Services by Contractor. Contractor will at all times observe
and comply with these laws, ordinances, and regulations and will be responsible for the
compliance of Contractor's services with all applicable laws, ordinances and regulations.
Contractor will be aware of the requirements of the Immigration Reform and Control Act
of 1986 and will comply with those requirements, including, but not limited to, verifying
the eligibility for employment of all agents, employees, subcontractors and consultants
that the services required by this Agreement.
18. DISCRIMINATION AND HARASSMENT PROHIBITED
Contractor will comply with all applicable local, state and federal laws and regulations
prohibiting discrimination and harassment.
19. DISPUTE RESOLUTION
If a dispute should arise regarding the performance of the Services the following
procedure will be used to resolve any questions of fact or interpretation not otherwise
settled by agreement between the parties. Representatives of Contractor or City will
reduce such questions, and their respective views, to writing. A copy of such
documented dispute will be forwarded to both parties involved along with recommended
methods of resolution, which would be of benefit to both parties. The representative
receiving the letter will reply to the letter along with a recommended method of
resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory
to the aggrieved party, a letter outlining the disputes will be forwarded to the City
Manager. The City Manager will consider the facts and solutions recommended by each
party and may then opt to direct a solution to the problem. In such cases, the action of
the City Manager will be binding upon the parties involved, although nothing in this
procedure will prohibit the parties from seeking remedies available to them at law.
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20. TERMINATION
In the event of the Contractor's failure to prosecute, deliver, or perform the Services,
City may terminate this Agreement for nonperformance by notifying Contractor by
certified mail of the termination. If City decides to abandon or indefinitely postpone the
work or services contemplated by this Agreement, City may terminate this Agreement
upon written notice to Contractor. Upon notification of termination, Contractor has five
(5) business days to deliver any documents owned by City and all work in progress to
City address contained in this Agreement. City will make a determination of fact based
upon the work product delivered to City and of the percentage of work that Contractor
has performed which is usable and of worth to City in having the Agreement completed.
Based upon that finding City will determine the final payment of the Agreement.
Either party upon tendering thirty (30) days written notice to the other party may
terminate this Agreement. In this event and upon request of City, Contractor will
assemble the work product and put it in order for proper filing and closing and deliver it
to City. Contractor will be paid for work performed to the termination date; however, the
total will not exceed the lump sum fee payable under this Agreement. City will make the
final determination as to the portions of tasks completed and the compensation to be
made.
21. COVENANTS AGAINST CONTINGENT FEES
Contractor warrants that Contractor has not employed or retained any company or
person, other than a bona fide employee working for Contractor, to solicit or secure this
Agreement, and that Contractor has not paid or agreed to pay any company or person,
other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift,
or any other consideration contingent upon, or resulting from, the award or making of
this Agreement. For breach or violation of this warranty, City will have the right to annul
this Agreement without liability, or, in its discretion, to deduct from the Agreement price
or consideration, or otherwise recover, the full amount of the fee, commission,
percentage, brokerage fees, gift, or contingent fee.
22. CLAIMS AND LAWSUITS
By signing this Agreement, Contractor agrees that any Agreement claim submitted to
City must be asserted as part of the Agreement process as set forth in this Agreement
and not in anticipation of litigation or in conjunction with litigation. Contractor
acknowledges that if a false claim is submitted to City, it may be considered fraud and
Contractor may be subject to criminal prosecution. Contractor acknowledges that
California Government Code sections 12650 et seq.. the False Claims Act applies to
this Agreement and, provides for civil penalties where a person knowingly submits a
false claim to a public entity. These provisions include false claims made with deliberate
ignorance of the false information or in reckless disregard of the truth or falsity of
information. If City seeks to recover penalties pursuant to the False Claims Act, it is
entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges
that the filing of a false claim may subject Contractor to an administrative debarment
proceeding as the result of which Contractor may be prevented to act as a Contractor
on any public work or improvement for a period of up to five (5) years. Contractor
City Attorney Approved Version #11.28.06
acknowledges debarment by another jurisdiction is grounds for City to terminate this
Agreement.
23. JURISDICTIONS AND VENUE
Any action at law or in equity brought by either of the parties for the purpose of
enforcing a right or rights provided for by this Agreement will be tried in a court of
competent jurisdiction in the County of San Diego, State of California, and the parties
waive all provisions of law providing for a change of venue in these proceedings to any
other county.
24. SUCCESSORS AND ASSIGNS
It is mutually understood and agreed that this Agreement will be binding upon City and
Contractor and their respective successors. Neither this Agreement or any part of it nor
any monies due or to become due under it may be assigned by Contractor without the
prior consent of City, which shall not be unreasonably withheld.
25. ENTIRE AGREEMENT
This Agreement, together with any other written document referred to or contemplated
by it, along with the purchase order for this Agreement and its provisions, embody the
entire Agreement and understanding between the parties relating to the subject matter
of it. In case of conflict, the terms of the Agreement supersede the purchase order.
Neither this Agreement nor any of its provisions may be amended, modified, waived or
discharged except in a writing signed by both parties.
City Attorney Approved Version #11.28.06
8
26. AUTHORITY
The individuals executing this Agreement and the instruments referenced in it on behalf
of Contractor each represent and warrant that they have the legal power, right and
actual authority to bind Contractor to the terms and conditions of this Agreement.
CONTRACTOR CITY OF
corporatic
(sign here)/LORRAINEM. WOOD A
/ City Clerl^ ^
)'""//.&B40'V
(print name/title)
(e-mail Address)
If required by City, proper notarial acknowledgment of execution by contractor
must be attached. If a Corporation. Agreement must be signed by one corporate
officer from each of the following two groups.
*Group A.
Chairman,
President, or
Vice-President
**Group B.
Secretary,
Assistant Secretary,
CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or
assistant secretary under corporate seal empowering the officer(s) signing to bind the
corporation.
APPROVED AS TO FORM:
RON :orney
Deputy City Attorney
9
City Attorney Approved Version #11.28.06
,tw' IT1—- **.The foregoing instrument was acknowledged before me this 11 day of D €7tTv\ ft t fi~
2007, by Chris Dropinski as Senior Principal and Managing Member for GreenPlay, LLC.
Witness my hand and official seal.
Notary Public
My commission expires: ~J I ?>( ( 3_OI O
JANA WEST
Notary Public
State of Colorado
//I
The Leading Edge la Paries, Recreation ^
Anil Open Space Consulting
Headquarters
3050 Industrial Lane, Suite 200
Broomfield, CO 80020
303-439-8369 Fax: 303-439-0628
Toll Free: 1-866-849-9959
info@greenplayllc.com
www.greenplayllc.com
Proposed Summary of Desired Contracted Services
Date: October 31, 2007
Client: City of Carlsbad, CA
Contact: Mark Steyaert, Park Development Manager, Recreation Department
City of Carlsbad, 1200 Carlsbad Village Dr., Carlsbad, CA 92008
tel. (760) 434-2855, fax (760) 720-6917, Email: MStey@ci.carlsbad.ca.us
Consultant: Karon Badalamenti, CPRP and Principal
karonb@greenplayllc.com, Direct: 303-8700021
Through: Teresa Penbrooke, CPRP, CEO and Founder
teresap@greenplayllc.com, Direct: 303-870-3884
I. Understanding of Purpose of Project:
Based on preliminary discussions, it is understood that the City of Carlsbad, CA would
like assistance with expertise in developing funding sources for park capital
improvements as well as to support on-going operations. The City is interested in
having GreenPlay managing staff provide a review of current funding mechanisms,
provide a presentation and facilitate a discussion with key Carlsbad staff and
representative decision makers, along with presenting a findings and suggested
recommendations report for potential steps and sources for additional funding in the
coming years. The discussions will focus on national industry practices in parks and
recreation funding, as well as review and analysis of local and regional funding
mechanisms as provided by the City, what the Department has now in terms of
planning and key issues, identified gaps, potential scope of work for staff and/or
consultants in moving forward, and how this fits into other funding and planning
efforts.
Please note that the proposed schedule and scope of work is based on our preliminary
information. We are very flexible, so if something does not appear to meet your
expectations or needs, please just let us know.
Pagel
II. Potential Schedule and Scope of Work:
Early November 2007: GreenPlay receives and reviews a brief outline of current
relevant funding and planning efforts, copies of any draft or approved relevant
operational and capital budgets and plans, and a list of key issues currently effecting
the traditional and funding mechanisms for operations and capital improvements for
the Department. See list of Needs from the Department - Section V.
Mid-November: GreenPlay staff and Carlsbad staff participate in a phone conference call
to fully outline the schedule, upcoming meetings, and get clarification on expectations
and critical success factors for the work. During this time trip is scheduled for
GreenPlay to provide a presentation and facilitate discussions. Tentatively scheduled
for either November 19th prior to 1pm MST or November 28th after 9am MST.
December: GreenPlay staff make a trip to Carlsbad to work with staff and garner the
"institutional knowledge" from the mind of the Director, due to retire at the end of the
month. This trip will include a meeting with staff and the project team, and a half day
presentation/meeting (potentially called the "Funding Retreat?") to present current
best practices in parks and recreation funding, identify core services, focus areas and
explore the various types of traditional and funding sources that may potentially be
available, and then a wrap-up meeting to discuss outcomes. Towards the end of the
retreat, the staff and GreenPlay will draft action steps. Tentatively scheduled for either
December 13-14 or 20-21,2007.
GreenPlay will prepare a draft presentation for the meeting, agenda, and sample
handouts and send to Mark Steyaert for approval prior to the retreat. The Retreat
should include refreshments for consultant/attendees provided by the City.
GreenPlay will provide an additional staff person to assist, take notes and summarize
all comments provided in detail from both the retreat and staff implementation
meetings, and provide these notes typed in MS Word format to the City.
January 2008: A Funding Retreat Summary and Action Plan document will be created
in MS Word and a draft will be sent electronically for review. This will reflect key
findings during the retreat, identified actions, suggested next steps, and potential
conceptual scope and costing estimates for any work that needs to be contracted out.
Late January/Early February: GreenPlay staff will make a second trip to present the
proposed Funding Retreat Summary and Action Plan, including potential funding
options with definitions and pro/con evaluations for consideration, top 6-10
recommended funding focus areas for Action and Implementation Steps, timelines and
potential responsibilities, and ideas to help staff further refine implementation plans.
After this trip the document will be revised and finalized with the final sent to the City
for approval.
Page!
Trip # 3 - After the parks and recreation department staff review and approval,
GreenPlay will come back to conduct a presentation with other city staff, stakeholders
and decision makers, with participation and format to be determined.
After this presentation, the City may desire to have GreenPlay involved further in
implementing action steps under separate contracting agreements, or choose to have
the steps implemented by in-house staff or other contracted agents. In the base
proposal a third presentation trip is included and the audience and content are to be
determines.
III. Preliminary Funding Ideas From Carlsbad
We understand that the City of Carlsbad staff have compiled a preliminary list of
potential funding sources:
CAPITAL
Corporate partners
Foundations
Marketing the value
JPAs
Park Districts
Law roadblocks
Naming rights
GO Bonds
Pay-for-play
Impact fee increase
M&O
Pay-for-play
Foundations
Marketing the value
JPAs
Park Districts
Law roadblocks
Naming rights
GO Bonds ?
Outsourcing
GreenPlay will work with staff to evaluate the potential feasibility and production
capacity of these and other traditional and alternative funding sources.
IV. Estimated Costs for the Retreat and Funding Options Report:
(includes conference call, preparation and set-up, facilitation, retreat summary write up
and draft recommended action steps by GreenPlay)
16 hours set-up, conference call, review and preparation
Trip #1-24 hours travel and on site presentation/meetings for two staff
16 hours for Funding Options Plan drafting
Trip #2 -12 hours travel and on site presentation/meetings for one staff
Trip #3 -16 hours preparation, travel and on site presentation/meetings
for one staff
Total of 84 hours x $125 hour = $10,500
Plus reimbursable expenses for travel include airfare, hotel, rental car and gas, per
diem, parking, tolls and other direct travel-related expenses - Estimated at $3,600
Total Estimated Contract = $14,100
Page 3
V. Needs for Retreat Facilitation:
The Department should assign staff to invite staff and representative decision
makers in advance and take RSVPs so we know who to expect.
• We understand that the initial Funding Retreat will include intra-department
staff.
We recommend that in order to gain the most benefit, as many Board Members,
key City staff and operational staff as possible are invited to participate in one of
the presentations and/or retreat. It is often beneficial to invite staff from other
relevant departments (planning, transportation, finance, City Manager's office,
etc.). The discussion sections can be focused on smaller departmental
management staff and key decision makers, but the educational benefits from the
presentation can be beneficial for many others.
• Please provide a good meeting location suitable for this sized group, with
comfortable furniture and environment conducive to collaboration.
Please provide nametags for the meeting.
• Room Set Up: Should be in a horseshoe set-up with all participating attendees
facing each other and towards the presentation with tables. We will need a
screen or white wall and an LCD projector. If open to the public, they can be
seated in chairs behind the group to see the presentation. We should also have
an easel with a flip chart, markers, and tape to hang sheets.
We will send handout materials electronically prior to our arrival to be printed.
Sufficient copies should be made for all attendees.
Please provide information on a hotel nearby the retreat location.
The City of Carlsbad will need to provide to GreenPlay by November 15th:
a list of the project team members and anticipated attendees for the retreat along
with a description of their title/role
a brief outline of current relevant funding and planning efforts along with capital
and operation budgets with income detail for the last two years
• copies of any draft or approved relevant plans
• a list of key issues currently effecting the operations, capital improvements and
funding strategies for the Department
• Specific regional funding and tax information research provided by the City
staff. (We understand this may follow the other materials)
Page 4
VI. Proposed GreenPlay Staff
Teresa Penbrooke, CPRP, Principal-In-Charge
Teresa brings substantial career experience, funding and planning expertise for large
and small communities on a national level to the project. She founded GreenPlay in
1999, and has been integral in the research, quality recommendations and
implementation of the innovations that GreenPlay brings to the project. She is
responsible for the team development, will assist with project oversight, contracting,
process management, and review and editing of all documents. Teresa will help ensure
that all information is valid and useful from an operational and administrative
standpoint.
Karon Badalamenti, CPRP, Principal
Project Manager for GreenPlay for this Project
karonb@greenplayllc.com
Karon brings over nineteen years senior management experience in Recreation, Parks,
Planning, Marketing, Operations, Funding, Maintenance and Construction
Development and Project Management. She speaks and trains professionals nationally
regarding the master planning process, funding and cost recovery. Karon focuses on
visioning and comprehensive strategic planning, delivering successful project
management, and ensuring that client objectives are met. She excels at revenue
planning and cost recovery, facility management and operational planning. Her
emphasis on maintaining a forward focus ties your vision to action through careful
analysis and experience.
Ken Sherbenou, CPRP, Project Consultant
Ken's brings 10 years of recreational programming experience administering and
managing operations in non-profits programs, student governments, athletics, and
outdoor recreation. His educational background of includes a B. A. in Political Science
(Magna Cum Laude), a B.A. in Economics and a Master of Public Administration with a
Local Government Concentration. Ken's areas of focus include program assessment,
planning, implementation, evaluation, human resource management, operations, public
process, technical writing, public-private partnership cultivation, and assisting agencies
to maximize positive funding impact given finite resources.
Resumes of GreenPlay staff and a list of previous projects were provided in the
previously submitted GreenPlay Statement of Qualifications.
Page 5
VII. Signatures of Acceptance (Contract and/or Purchase Order can be forthcoming)
Teresa L. Penbrooke, CPRP (submitted electronically)
CEO and Founding Managing Member
Accepted by Crtysof Carlsbad, CA
Name:
Authorized agent for Carlsbad,
Page 6
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3050 Industrial Lane, Suite 200, Broomfleld, CO 80020; Tel: (303) 439-8369; Fax:(303)439-0628;
Email: Infij@CreenPlayLLC.com; Web: www.CreenPlayLLC.com
December 4, 2007
TO WHOM IT MAY CONCERN:
Be it known that Teresa Penbrooke, CEO and Founding Managing Member, and Chris Dropinski, Senior
Principal and Managing Member, are authorized to sign any contractual agreements for Greenplay, LLC.
WAIVER REQUEST FORM
FACTORS IN SUPPORT OF REQUEST TO MODIFY INSURANCE REQUIREMENT(S)
Generally, a modification to the coverage requirement will be accepting a lower limit of coverage or waiving the
requirement(s).
Requested by: Mark Steyaert 11/6/07
(Name and Department) Date
Proposed modification(s) to the Workers Comp and requirement(s) for Professional Services to explore
Prof. Liability _ funding options for park projects
(Type of insurance) (Name of contract)
rkeft C
Waive coverage #/ ~&*-ffJ.
Other: Waive coverage of Profesional Liability
FACTOR(S) IN SUPPORT OF MODIFICATION(S)
(check those that apply)
I [Significance of Contractor: Contractor has previous experience with the City that is important to the
efficiency of completing the scope of work and the quality of the work-product, [explain]
I [Significance of Contractor: Contractor has unique skills and there are few if any alternatives, [explain:
include number of candidates RFP sent to and number responded if applicable]
[^Contract Amount/Term of Contract: $50,000. Work will be completed over a period of 1 year.
^Professional Liability coverage is not available to this contractor or would increase the cost of the contract by
$ [explain]. Errors and Omissions insurance is not required as the contractor is only providing a general
report on options available to the City to finance future park projects and operations.
IXIOther (e.g. explain why exposures are minimal, how exposures are covered in another policy, exposure
control mechanisms, and any other information pertinent to your request): Contractor is located in Colorado
with no offices in California and therefore the Workers Comp Insurance is not required. However they do carry
$500,000 which will remain in force.
Approved by Risk Manager for this contract only:
(Signature) (Date)
CERTIFICATE OF EXEMPTION (out-of-state contractors)
WORKERS' COMPENSATION/ EMPLOYERS' LIABILITY INSURANCE
I, Lnr/sT/ne T)rnpif\^L( am the Senior rrfAa
'
of
[insert name] [title]
LLC _ . I hereby certify that C* r f <2w r ( Q.V/,
[name of company] [name of company]
has no employees working in California and is not required by law to maintain California workers'
compensation or employer's liability insurance. _ Grr<gAf (QIV^ LL<L _
[name of company or corporation]
and its employees are covered by _ oln^tX.cx.'D _ workers' compensation
[insert state]
insurance. All work will be done in _ C Ql Ora-d-p _ . Should _
[insert state]
L.L.C- _ employ any person to work in California during the term of
[name of company]
the Agreement with the City of Carlsbad for KecrgflJri OA h\Jt\Q(.^c, oASi
mat is bein[description of project or work mat is being contracted]
, then workers' compensation and employer's liability
insurance will be obtained.
Executed on this 13. day of ])ge<rtvbi^, 20£/2 , at\sre&A,rlo^ tLLC ^tficcs;^room\iJ <l ^-
I ^faj^dLa*
[Name]
Jr.tr^tipgJt-AAAAo.jirv') MgfftW. (rfge/vT IOL^ LjL<l-
[Title and name of company]
06/15/2006 26