HomeMy WebLinkAboutGreenPlay LLC; 2008-09-22;AGREEMENT FOR RECREATIONAL SERVICES ASSESSMENT CONSULTING SERVICES
(GreenPlay, LLC)
IS AGREEMENT is made and entered into as of the CXC* day of
20QP) by and between the CITY OF CARLSBAD, a municipal
corporation, ("City"), and GreenPlay, LLC ("Contractor").
RECITALS
City requires the professional services of a professional recreation consulting firm that is
experienced in providing professional services and advice related to conducting a
comprehensive services assessment. Contractor has the necessary experience in providing
these professional services, 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 Exhibit "A", attached and incorporated by this
reference in accordance with the terms and conditions set forth in this Agreement.
2. Term. This Agreement will be effective for a period of one (1) year from the date first
above written.
3. Compensation. The total fee payable for the Services to be performed will be eight
thousand eight hundred dollars ($8,800). No other compensation for the Services will be allowed
except for items covered by subsequent amendments to this Agreement. City reserves the right
to withhold a ten percent (10%) retention until City has accepted the work and/or the Services
specified in Exhibit "A."
4. Status of Contractor. Contractor will perform the Services as an independent contractor
and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor
will be under the control of City only as to the results to be accomplished.
5. 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.
6. Insurance. Contractor will obtain and maintain policies of commercial general liability
insurance, automobile liability insurance, a combined policy of workers' compensation,
employers liability insurance, and professional liability insurance from an insurance company
City Attorney Approved Version #05.06.08
employers liability insurance, and professional liability insurance from an insurance company
authorized to transact the business of insurance in the State of California which has a current
rating in the Best's Key Rating guide of at least A-:VII OR with a surplus line insurer on the State of
California's List of Eligible Surplus Line Insurers (LESLI) with a rating in the latest Bests Key Rating Guide
of at least "A:X", in an amount of not less than one million dollars ($1,000,000) each, unless
otherwise authorized and approved by the City Attorney or the City Manager. Contractor will
obtain occurrence coverage, excluding Professional Liability, which will be written as claims-
made coverage. The insurance will be in force during the life of this Agreement and will not be
canceled without thirty (30) days prior written notice to the City by certified mail. City will be
named as an additional insured on General liability. Contractor will furnish certificates of
insurance to the Contract Department, with endorsements to City prior to City's execution of this
Agreement.
7. 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 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.
8. Compliance With Laws. Contractor will comply with all applicable local, state and federal
laws and regulations prohibiting discrimination and harassment and will obtain and maintain a
City of Carlsbad Business License for the term of this Agreement.
9. Termination. City or Contractor may terminate this Agreement at any time after a
discussion, and written notice to the other party. City will pay Contractor's costs for services
delivered up to the time of termination, if the services have been delivered in accordance with
the Agreement.
10. Claims and Lawsuits. By signing this Agreement, Contractor agrees it may be subject to
civil penalties for the filing of false claims as set forth in the California False Claims Act,
Government Code sections 12650, et sea., and Carlsbad Municipal Code Sections 3.32.025, et
sea. Contractor further acknowledges that debarment by another jurisdiction is grounds for the
City of Carlsbad to terminate this Agreement.
11. Venue and Jurisdiction. Contractor agrees and stipulates that the proper venue and
jurisdiction for resolution of any disputes between the parties arising out of this Agreement is the
State Superior Court, San Diego County, California.
12. Assignment. Contractor may assign neither this Agreement nor any part of it, nor any
monies due or to become due under it, without the prior written consent of City.
13. Amendments This Agreement may be amended by mutual consent of City and
Contractor. Any amendment will be in writing, signed by both parties, with a statement of
estimated changes in charges or time schedule.
City Attorney Approved Version #05.06.08
14. 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 CARLSBAD, a municipal
corporation ofi the State of California
(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:
RONALD R-BALL, City Attorney
5eputy City Attorney
City Attorney Approved Version #05.06.08
A "
Professional Services - Services Assessment
August 18, 2008
Mr. Mick Calarco, Recreation Services Manager QREfNrLAYuc
Recreation Administration
799 Pine Avenue, Suite 200, Carlsbad, CA 92008
Sent by email: Mcala@ci.carlsbad.ca.us
Dear Mick:
GreenPlay, LLC, is honored to respond to your request to facilitate a Services Assessment using the
MacMillan Matrix . We have prepared this outline based on our conference call today and our
current understanding of your needs. If for some reason it does not appear to match your
expectations, we are flexible.
Proposed Project Scope:
Conduct a service assessment to determine where to aggressively pursue a market niche,
opportunities to divest interest, disinvest resources, or form partnerships. A Service Assessment is
an intensive review of organizational services including activities, facilities, and parklands. The
Assessment utilizes a series of filters to assist in the determination of the organization's level of
responsibility in the provision of the service. Results of the Assessment indicate whether the service
is "core to the organization's mission", or if there is significant duplication of community efforts to
provide a service, which may require direction to reallocate resources elsewhere. Current resources,
their allocation, and subsidy and cost recovery levels for all organizational services are also typically
analyzed as a part of this process.
Following a review of an agency's mission, vision, and core values, GreenPlay introduces the
concepts of the MacMillian Matrix1. Through the analysis of current services, the process will lead to
the identification of core services and a Service Portfolio.
The MacMillan Matrix for Competitive Analysis of Programs
The MacMillan Matrix is an extraordinarily valuable tool specifically designed to help nonprofits
assess their programs. The Matrix is based on the assumption that duplication of existing
comparable services (unnecessary competition) among nonprofit organizations can fragment limited
available resources, leaving all providers too weak to increase the quality and cost-effectiveness of
services.
The Matrix assumes that trying to be all things to all people can result in mediocre or low-quality
service. Instead, nonprofits should focus on delivering higher-quality service in a more focused (and
perhaps limited) way. The Matrix, therefore, helps organizations think about some very pragmatic
questions.
Q: Are we the best organization to provide this service?
Q: Is competition good for our customers?
Q: Are we spreading ourselves too thin, without the capacity to sustain ourselves?
1 Alliance for Nonprofit Management
Q: Should we work cooperatively with another organization to provide services?
Using the MacMillan Matrix is a straightforward process that assesses each current (or prospective)
service according to four criteria, as described below.
1. Fit
Fit is the degree to which a program "belongs" or fits within an organization. Criteria for "good fit"
include:
Q congruence with the purpose and mission of the organization;
Q ability to draw on existing skills in the organization; and
Q ability to share resources and coordinate activities with programs.
2. Program Attractiveness
Program Attractiveness is the degree to which a program is attractive to the organization from an
economic perspective or as an investment of current and future resources (i.e., whether the
program easily attracts resources). Any program that does not have high congruence with the
organization's purpose should be classified as unattractive. No program should be classified as
highly attractive unless it is ranked as attractive on a substantial majority of the criteria below:
Q high appeal to groups capable of providing current and future support
G stable funding
Q market demand from a large client base
Q appeal to volunteers
Q measurable, reportable program results
Q focus on prevention, rather than cure
Q able to discontinue with relative ease, if necessary (i.e., low exit barriers)
O low client resistance to program services
Q intended to promote the self-sufficiency or self-rehabilitation of client base
3. Alternative Coverage
Alternative Coverage is the extent to which similar services are provided. If there are no other large,
or very few small, comparable services being provided in the same region, the service is classified as
"low coverage." Otherwise, the coverage is "high."
4. Competitive Position
Competitive Position is the degree to which the organization has a stronger capability and potential
to deliver the program than other agencies - a combination of the organization's effectiveness,
quality, credibility, and market share or dominance. Probably, no service can be classified as being in
a strong competitive position unless it has some clear basis for declaring superiority over all
competitors in that service category. Criteria for a strong competitive position include:
Q good location and logistical delivery system;
Q large reservoir of client, community, or support group loyalty;
Q past success securing funding;
G superior track record (or image) of service delivery;
Q large market share of the target clientele currently served;
Q gaining momentum or growing in relation to competitors;
Q better quality service and/or service delivery than competitors;
Q ability to raise funds, particularly for this type of service;
Q superior skill at advocacy;
Q superiority of technical skills needed for the service;
Q superior organizational skills;
Q superior local contacts;
Q ability to conduct needed research into the service and/or properly monitor service
performance;
Q superior ability to communicate to stakeholders; and
Q most cost effective delivery of service.
After each service is assessed in relation to the above four criteria, each is placed in the MacMillan
matrix, as follows. For example, a service that is a good fit, is deemed attractive and strong
competitively, but for which there is a high alternative coverage would be assigned to Cell No. 1,
Aggressive Competition.
The MacMillan Matrix
High Program Attractiveness:
"Easy" Program
Low Program Attractiveness:
"Difficult" Program
GOOD
FIT
POOR
FIT
Strong
Competitive
Position
Weak
Competitive
Position
Alternative
Coverage
High
1. Aggressive
Competition
3. Aggressive
Divestment
Alternative
Coverage
Low
2. Aggressive
Growth
4. Build Strength or
Get Out
9. Aggressive Divestment
"•-* " ~ •"" ~ • •-• —
Alternative Coverage
High
5. Build up the Best
Competitor
7. Orderly Divestment
Alternative Coverage
Low
6. "Soul of the Agency"
8. "Foreign Aid" or
Joint Venture
10. Orderly Divestment
Once all services have been placed in the appropriate positions on the matrix, an organization can
review its mix of services, sometimes called a "portfolio," and decide if adjustments need to be
made. Ideally, an organization would have only two types of services. The first would be attractive
services (services that attract resources easily), in areas that the organization performs well and can
compete aggressively for a dominant position.
These attractive services can be used to support the second service type: the unattractive service
with low coverage. The unattractive service is considered unattractive by funders, with low
alternative coverage, but makes a special, unique contribution in an area in which the organization
is particularly well-qualified. These services typically fall under Cell No. 6, the "soul of the agency".
These services are known as the "soul of the agency" because the organization is committed to
delivering the service even at the cost of subsidizing it at the expense of other services. An
organization cannot afford to fund unlimited "souls," and it might have to face some difficult
decisions about how to develop a mix of services that ensure organizational viability as well as high-
quality service to clients.
Articulating Previous Strategies
Most organizations operate within the guidelines of certain program and organizational strategies,
although often these have neither been recognized or articulated as actual strategies. Once an
organization is in the process of strategic planning, however, it is time to make explicit these
unspoken strategies and incorporate them into this deliberate consideration of the organization's
future directions. This should happen as part of the Service Assessment: look for past operational
patterns such as allocation of resources - these are your previous strategies; analyze whether those
strategies were effective, and why; and consider whether or not they should be held as strategies
for the future.
Identification of Critical Issues
Upon completion of the Service Assessment, a Planning Committee should be in a position to
identify all of the critical issues, or fundamental problems or choices facing the organization, and
then begin to address those issues and identify priorities. A first attempt will probably result in a
very long list of "critical" issues. Some might indeed be critical, but require no action at present and
should, therefore, be monitored; some will require immediate attention, and as such should be
dealt with accordingly; and some will be of critical importance to the long-term viability and success
of the organization. Those are the issues (usually no more than six to eight issues qualify) that
become the framework for the decisions that must be made next: decisions regarding strategies,
long-range goals and objectives, and financial requirements.
To arrive at this final list of true critical issues, the Planning Committee should brainstorm a list of
issues that might qualify and then assess each issue by asking:
U "Why is it an issue?"
Q "What are the consequences of not responding to this issue in the near future?"
Q "Why does the issue need immediate attention?", and
Q "Why is it a critical issue?"
Again, the final list should include no more than six to eight items; beyond that, the organization is
in danger of losing focus and sabotaging its own best intentions.
Finally, additional research may be needed in order to gather specific information about new
opportunities which can be pursued. This might include: description of new target markets and their
needs; description of new products and/or services with descriptions of start-up costs; competitor
analysis; long-term financial projections; and break-even analysis.
Proposed Project Fees:
This project involves a facilitated process with two facilitators for up to two and one half days.
For projects like this, we typically offer our services on a firm fixed fee meaning that all travel,
reimbursable expenses and work products are built into the per task cost.
Cost of Services - Final Budget
Carlsbad Parks and Recreation Department
Services Assessment - MacMillan Matrix
srvice Assessment $ 8,800 $ 8,800 September -
trip 8/25-27/08
Our rates include:
• Professional staff, sub-consultant, and administrative salaries
• All office overhead, equipment, utilities, and insurances
• Taxes, employee benefits, and Worker's Compensation
• Administrative support staff and supplies, and local travel
• Work products and meetings as outlined in the Scope of Work
• All travel expenses and time
Rates may not include (unless specified in the Scope of Work):
• Materials and services outside of the pre-specified Scope of Work (may include extra
meetings, requested copies and printing of work products)
As a baseline:
GreenPlay's hourly rate is $150 per hour for all contracted professional consulting services. While the
hourly rates may sound high relative to typical public agency staff pay rates, when considering the
costs for implementing additional experienced and professional full-time staff, benefits, insurances,
office space, computers and equipment, support staff, utilities, etc., we find that this rate is usually
comparable to or lower than what an agency would spend for in-house staff. An additional benefit is
that when the project is finished, the expense ends.
GreenPlay typically submits an invoice for payment to the project manager or primary contact
person on a monthly basis. Each invoice includes a brief description of the services provided and
percentage of Scope completed to date. Invoices past due over 60 days will accrue 1.5% interest per
month. Other structures for compensation and payment can be negotiable prior to contract award.
In summary, we will expeditiously respond to your unique project needs, and partner with you to
help achieve your goals. We look forward to further discussions with you.
Sincerely,
Chris Dropinski, CPRP
Senior Principal and Managing Member
Cell Phone: (303) 870-8674
Email: ChrisD@GreenPlayLLC.com
State of Colorado
County of Broomfield
The foregoing instrument was acknowledged before me this 26th of August. 2008 by Teresa L.
Penbrooke. President and Founding Managing Member of GreenPlay, LLC, a Colorado limited liability
corporation, on behalf of the corporation.
'/l/VX
Signature
My commission expires '7 / 3 O ( O
JANAWEST
Notary Public
State of Colorado
State of Colorado
County of Broomfield
The foregoing instrument was acknowledged before me this 26th of August. 2008 by Christine Dropinski.
Senior Principal and Managing Member of GreenPlay, LLC, a Colorado limited liability corporation, on
behalf of the corporation.
Signature
-7 / /My commission expires / ( 3 I ( 3- D
JANAWEST
Notary Public
State of Colorado