HomeMy WebLinkAbout25B - AMGT - EVALUATE PRCSAREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
MARCH 19, 2019
TITLE:
APPROVE AN AGREEMENT WITH
GREENPLAY, LLC FOR AN AMOUNT NOT
TO EXCEED $76,998 TO EVALUATE AND
REPORT ON THE CONDITION OF THE
PARKS, RECREATION AND COMMUNITY
SERVICES AGENCY
{STRATEGIC PLAN NO. 4, 1D}
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
❑ As Recommended
❑ As Amended
❑ Ordinance on 1s' Reading
❑ Ordinance on 2nd Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Authorize the City Manager and Clerk of the Council to execute an agreement with Greenplay, LLC
to conduct a comprehensive evaluation and report on the condition of the Parks, Recreation and
Community Services Agency for an amount not -to -exceed $76,998, which includes a 10%
contingency, for a term of one year to expire on March 18, 2020, subject to non -substantive changes
approved by the City Manager and City Attorney.
DISCUSSION
The Parks, Recreation and Community Services Agency (PRCSA) endeavors to enhance the
quality of life for Santa Ana residents and visitors. The PRCSA desires to evaluate its ability to
provide recreation programs and services to a population of over 344,000, that range widely in
age, needs, income -level, and family size. Since the City of Santa Ana is a high-density community
that relies heavily on city services and facilities, the parks system is heavily used. The result of
which reduces the useful life of facilities/equipment and increases the costs of maintenance. The
high demand on recreational programs also adds to the resources needed for staffing. Various
services have a fee associated that cover the cost of the service, but in most cases, the services
are subsidized and/or free. The agency in general requires an evaluation of its current condition
and a process by which it can sustain itself for the long-term.
The PRCSA desires to hire a firm to provide a third -party evaluation of the department, report on
the condition of the Agency, and introduce and implement strong "best practice" business tools to
the department for service delivery. An evaluation will provide for a more objective view of the
strengths and weaknesses of the Agency as well as provide a new perspective. The evaluation
will look at core services, pricing strategies, cost recovery, resource allocation, operational
strategies, market analysis and working methodologies for the Agency. The report to be provided
25B-1
Agreement with Greenplay, LLC for a Services and Financial Sustainability Analysis
March 19, 2019
Page 2
will assist the PRCSA in refining its service delivery and financial management philosophy to
enhance and/or sustain services over both the short and long term.
On December 10, 2018, the Parks, Recreation and Community Services Agency (PRCSA) issued
a Request for Proposal (Attachment 1) for qualified firms to conduct an evaluation and report on
the condition of the Agency. The goal of the report is to articulate a road map for the Agency's
future that will:
• Evaluate and assess departmental processes, programming, potential alternatives,
customer service, revenue generation, and long-term achievable goals.
• Improve services and organizational effectiveness.
• Identify outcomes/goals to guide the Agency.
On January 22, 2019, the City received three proposals as follows:
Company
Fee Proposal Score
300 Max
Ranking
Greenplay, LLC
$69,999 287
1
ProConsultin , Inc.
$79,900 240
2
Tierra West Advisors
$187,087.97 163
3
Based upon the evaluation results, the review panel rated the proposal from Greenplay, LLC
(Attachment 2) with the highest score and is recommending entering into an agreement
(Attachment 3) with the firm.
The timeline of the evaluation and generation of a report is anticipated to last six months. The City
is proposing an agreement for a one-year period, to allow for any unforeseen circumstances that
may require additional time.
STRATEGIC PLAN ALIGNMENT
Approval of this item allows the City to meet Goal #4 — City Financial Stability, Objective #1
(Maintain a stable, efficient and transparent financial environment), Strategy D (Develop a fiscal
health analysis tool that informs a department of its financial position in order to assist in its decision
making process).
25B-2
Agreement with Greenplay
March 19, 2019
Page 3
FISCAL IMPACT
LLC for a Services and Financial Sustainability Analysis
Funds are budgeted and available for expenditure in the following fiscal year and account listed
below.
ACCOUNT DESCRIPTION DESCRIPTION
AVAILABLE
FUNDS
FY 2018-19
PRCSA-Recreation and Comm. Svc.(01113230-62300) Proposal
$69,999
PRCSA-Recreation and Comm. Svc.(01113230-62300) 10% Contingency
$6,999
TOTAL
$76,998
Parks, Recreation and Community Services
Agency
APPROVED AS TO FUNDS AND ACCOUNT:
Ka ryn Downs, CPA
Executive Director J.Wd
Finance and Management Services Agency
Exhibits: 1. Request for Proposal No. 18-103 Services and Financial Sustainability Analysis
2. Greenplay, LLC Proposal for Service and Sustainability Analysis
3. Agreement for Professional Consulting Services with Greenplay, LLC
25B-3
25B-4
REQUEST FOR PROPOSALS (RFP)
FOR
SERVICE AND FINANCIAL SUSTAINABILITY ANALYSIS
m
RFP NO.: 18-103
CITY OF SANTA ANA
Parks, Recreation and Community Services Agency
20 Civic Center Plaza -M23
Santa Ana, CA 92701
Frank Arroyo
RFP Administrator
(714) 571-4218 Office
farroyo(7a Santa-ana.org
City of Sarrita Au RF 18-103
P8�
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NOTICE INVITING PROPOSALS
NOTICE IS HEREBY GIVEN that the City of Santa Ana invites proposals for SERVICE AND FINANCIAL
SUSTAINABILITY ANALYSIS for the Parks, Recreation and Community Services Agency.
Responses to this Request for Proposals (RFP) will be accepted no later than January 22, 2019 at 2:00 u.m.
Proposals shall be enclosed in a sealed envelope and marked clearly with following information, formatted as
follows:
"SEALED PROPOSAL FOR
RFP NO. 18-103
SERVICE AND FINANCIAL SUSTAINABILITY ANALYSIS
IN THE CITY OF SANTA ANA
DO NOT OPEN WITH REGULAR MAIL."
City of Santa Ana
Attn.: Frank Arroyo
Parks, Recreation & Community Services Agency;
20 Civic Center Plaza; 2'd Floor
Santa Ana, CA 92701
Proposals shall be mailed, hand delivered, or sent by courier service.
Proposals shall NOT be sent via telegraphic, electronic or facsimile.
All notifications, updates and addenda will be posted on the City's RFP Bid page at www.santa-ana.org/bids-rfps.
PROPOSERS shall be responsible for monitoring the site to obtain information regarding this solicitation. Failure
to respond to required updates may result in a determination of a nonresponsive proposal.
The CITY reserves the right to reject any or all Proposals, or waive any irregularities or technical deficiencies in
any proposal.
City of Santa Ana RFP 18-103
25B6
(9)
CITY OF SANTA ANA
REQUEST FOR PROPOSALS
SERVICE AND FINANCIAL SUSTAINABILITY ANALYSIS
RFP NO.: 18-103
TABLE OF CONTENTS
GENERAL
II. PROPOSAL TERMS AND CONDITIONS
A. EXAMINATION
B. DILIGENCE MATERIAL
C. PROPOSAL VALIDITY
D. PRE -CONTRACTUAL EXPENSES
E. PROPOSAL INFORMATION
F. EVIDENCE OF FINANCIAL CAPACITY
G. CITY RIGHT TO REJECT
H. EXECUTION OF AGREEMENT
I. LICENSES & PERMITS
J. INSURANCE
K. PAYMENT INFORMATION PACKET
III. INSTRUCTIONS TO PROPOSERS
A. POINT OF CONTACT
B. JOINT OFFERS/SUBCONSULTANTS
C. REQUEST FOR INFORMATION OR CLARIFICATION
D. ADDENDA
E. PRE -PROPOSAL MEETING
F. ERRORS INPROPOSAL
G. PROTESTS
IV. SUBMITTAL REQUIREMENTS
A. GENERAL
B. PROPOSAL CONTENTS
V. PROPOSAL REVIEW (CONSULTANT SELECTION)
A. EVALUATION AND RATING
B. SELECTION
VI. AWARD OF AGREEMENT
A. REQUEST FOR COUNCIL ACTION
B. EXECUTION OF AGREEMENT
10
VII. IMPLEMENTATION 10
A. KTCK-OFF MEETING
B. NOTICE TO PROCEED
VIII. PUBLIC RECORDS
IX. APPENDIX
10
ATTACHMENT I AND IA: SCOPE OF WORK / LIST OF SUBCONTRACTORS
11
ATTACHMENT 2: SAMPLE AGREEMENT
15
ATTACHMENT 3: SUBMITTALS (CERTIFICATIONS, STATEMENTS, SCHEDULES)
23
City of Santa Ana RFP 18-103
zffls-7
I.
II.
GENERAL
The CITY is inviting qualified firms to conduct a Service and Financial Sustainability Analysis including
an analysis of core services, pricing and provision strategies, cost recovery, resource allocation,
operational strategies, market analysis and working methodologies for the City -Parks, Recreation and
Community Services Agency (PRCSA). The comprehensive review and analysis will assist the PRCSA
in refining its service delivery and financial management philosophy to enhance and/or sustain services
over both the short and long term.
Request For Proposal Timeline: (Subject to change at the Discretion of the City)
RFP Release:
Mandatory Pre -Proposal Meeting (Conference Call)
Deadline for Request for Information
Proposal Due
Potential Interview and/or Supplemental Questionnaire
Projected Award
Projected Start
PROPOSAL TERMS AND CONDITIONS
December 10, 2018
December 19, 2018 at 9:00 a.m.
January 4, 2019
January 22, 2019 at 2:00 p.m.
Week of February 4, 2019
March 19, 2019
March 20, 2019
By submitting a Proposal, the Proposer acknowledges that it has thoroughly examined and accepts the
Terms and Conditions of this RFP as described below:
01009WIVENVIUMN "0
PROPOSER represent that it has thoroughly examined and become familiar with the services and
responsibilities required this RFP and that it is capable of effectively and efficiently performing
quality work to achieve the CITY's objectives. Any attachments referenced herein or any
interpretations, clarifications or amendments subsequently posted in the relation to this RFP are
fully incorporated.
B. DILIGENCE MATERIAL
Diligence Material, if provided, is subject to the following disclaimer: Neither the CITY or any of
its agents, advisors, or representatives: has made or makes any representation or warranty, express
or implied, as to the accuracy or completeness of the Diligence Material. Without limiting the
generality of the foregoing, the Diligence Material may include certain assumptions, statements,
estimates and projections provided by or with respect to the CITY. Such assumptions, statements,
estimates, and projections reflect various assumptions made by the CITY, which assumptions may
or may not prove to be correct. No representations are made by the CITY as to the accuracy of
such assumptions, statements, estimates, or projections.
City of Santa Ana RFP 18-103
2554$
C. PROPOSAL VALIDITY
Services, pricing and warranties indicated in a respondent's Proposal must be valid for a period of
120 days after the submission of the Proposal.
D. PRE -CONTRACTUAL EXPENSES
Santa Ana shall not, in any event, be liable for any pre -contractual expenses incurred by
PROPOSERS in the preparation of its proposal.
E. PROPOSAL INFORMATION
It is understood and agreed upon by the PROPOSER in submitting a Proposal that the CITY has
the right to withhold all information regarding this procurement until after Agreement award,
including but not limited to: the number received; competitive technical information; competitive
price information; and the CITY evaluation concerns about competing Proposals. Information
releasable after award is subject to the disclosure requirements of the Public Records Act,
California Government Code Section 6250.
F. EVIDENCE OF FINANCIAL CAPACITY
Proposer may be requested to submit its most recent audited financial statement, evidencing
PROPOSER's financial capacity to fully perform the required services, including provision of
equipment and personnel expenses over a ninety (90) day period. If said financial statement does
not reflect full ninety (90) day operational capacity, PROPOSER may include a letter of credit as
evidence of supplemental capacity.
G. CITY RIGHT TO REJECT
The CITY reserves the right to reject any or all proposals submitted and no representation is made
hereby that any agreement will be awarded pursuant to this RFP or otherwise.
The CITY reserves the right to accept or reject the combined or separate components of this
proposal in part or in its entirety or to waive any minor inconsistency, informality or technical
defect in the proposal.
The CITY reserves the right to reject, replace and approve any and all subcontractors. All
subcontractor(s) shall be identified in the response to the RFP. Subcontractors shall be the
responsibility of the successful PROPOSER and the CITY shall assume no liability of such
subcontractors.
H. EXECUTION OF AGREEMENT
The CITY and the selected PROPOSER will enter into an Agreement similar to that as shown in
Attachment 2, in the Appendix of this RFP. If a PROPOSER is unwilling or unable to execute an
Agreement within thirty (30) days after being notified of selection under this RFP, the CITY
reserves the right to select the next most qualified PROPOSER or call for new Proposals,
whichever the CITY deems most appropriate.
City of Santa Ana RFP 18-103
258-9
LICENSES & PERMITS
The selected PROPOSER shall be required to obtain a CITY of Santa Ana Business license within
ten (10) business days of selection and must provide a copy to the CITY Project Manager or
designee prior to commencing any work in Santa Ana.
Additionally, PROPOSER will be responsible for obtaining any licenses/permits required by the
Scope of Work.
INSURANCE
The selected PROPOSER shall provide the required evidence of insurance coverage as set forth in
the standard agreement within ten (10) business days after receipt of notice of award.
K. PAYMENT INFORMATION PACKET
The selected PROPOSER shall return a completed payment information packet within ten (10)
business days after the successful PROPOSER has received notice that the agreement has been
awarded. The packet is available on the CITY's website: www.santa-ana.org/bids-rfl)s
III. INSTRUCTIONS TO PROPOSERS
A. POINT OF CONTACT
The selected PROPOSER will assume responsibility for all services in its proposal. The selected
PROPOSER shall identify a sole point of contact with the greatest knowledge in regard to the
required service operations and contractual matters, including payment of any and all charges
resulting from the Agreement.
B. JOINT OFFERS/SUBCONSULTANTS
Where two or more PROPOSERS desire to submit a single Proposal in response to this RFP, they
should do so on a prime-subconsultant basis. The CITY intends to contract with a single firm and
not with multiple firms doing business as a joint venture. Should the use of subconsultants be
offered, the PROPOSER shall provide the same assurances of competence for the subconsultant
plus the demonstrated ability to manage and supervise the subcontracted work. Subconsultants
shall not be allowed to further subcontract with others for work under the Agreement. The
provisions of the Agreement shall apply to all subconsultants in the same manner as the
PROPOSER.
C. REQUEST FOR INFORMATION OR CLARIFICATION
All questions or requested clarifications shall be made in writing via e-mail to the RFP
Administrator (contact information as noted on the cover page to this RFP) by or before the
"Deadline for Requests for Information" date noted in the RFP Timeline under Section I. General.
No verbal requests or responses will be accepted. Significant interpretations or clarifications will
be addressed via addenda to this RFP, as indicated in Section IIID.
D. ADDENDA
Any changes in RFP from the date of release to date of submittal will result in an addendum or
amendment. Notification of such addendum or amendment shall be posted on CITY's website,
City of Santa Ana RFP 18-103
25til 0
www.santa-ana.org/bids-rfps. PROPOSERS shall be responsible for monitoring the site to obtain
information regarding this solicitation.
E. PRE -PROPOSAL MEETING (MANDATORY)
A mandatory pre -proposal meeting (in the form of a conference call), will occur on December 19,
2018 at 9:00 a.m. Please email the RFP administrator for call-in information. The meeting will
include discussion of the project scope and a question -and -answer session. Significant
interpretations or clarifications will be addressed via addenda to this RFP, as described above in
"Section IIID: Addenda".
F. ERRORS IN PROPOSAL
If, prior to the opening of Proposals, a PROPOSER discovers an error in the Proposal, the
PROPOSER may submit a replacement Proposal prior to the time and date set as the deadline for
submitting Proposals. The replacement Proposal shall clearly indicate that it supersedes the prior
Proposal.
After the close of the RFP Period, an erroneous Proposal may not be replaced or modified; but the
PROPOSER may request the CITY release the PROPOSER due to an error in the Proposal. The
CITY may release the PROPOSER if the integrity of the Proposal process is not jeopardized, the
error was a result of excusable neglect, and the PROPOSER is not advantaged. If the CITY releases
the PROPOSER, the Proposal will be deemed rejected and the PROPOSER shall be prohibited
from performing all or any portion of the Service and Financial Sustainability Analysis.
A PROPOSER'S error in adding numerical items contained in the Proposal shall not constitute a
material error. Rather, the CITY will rely upon the amount assigned to each item of the Proposal.
G. PROTESTS
PROPOSERS with concerns or rebuttal of any staff determination of non -responsiveness or non -
responsibility may submit, in writing within five (5) business days, to the RFP Administrator, any
concerns regarding the RFP process or staff determination. Such writing shall be considered by
the City Manager or his designated representative, and may be acted upon within five (5) business
days. If no action is taken within such time, there shall be no change to the staff determination.
The exercise by PROPOSER of its right to submit written concerns shall be a condition precedent
to seeking judicial review of any award of a contract hereunder.
IV. SUBMITTAL REQUIREMENTS
A. GENERAL
NUMBER OF COPIES AND SIGNATURE: The submittal shall include one unbound
original and five hard copies and one (1) digital file on a labeled USB Flash Drive (or
equivalent). The original should be marked as "ORIGINAL" and shall be signed by a
company official with the power to bind the company and submitted to the City of Santa
Ana.
2. DEADLINE: Proposals are due to the City of Santa Ana, at the date, time, and location set
forth above in the Notice Inviting Proposals.
City of Santa Ana RFP 18-103
2M-11
B. PROPOSAL CONTENTS
A responsive proposal shall contain the following documentation:
1. COVER LETTER: Proposals shall include a letter signed by a principal or authorized
representative who can make legally binding commitments for the entity. Include type of
business entity.
2. TABLE OF CONTENTS: Proposals shall include a listing, by page number and all other
contents of the Proposal.
3. STATEMENT OF QUALIFICATIONS & REFERENCES
a. Firm and Team Experience: Proposal shall include a profile of the firm's
experience. Include resumes of project team/sub-contractors that outline their
technical and design experience. At a minimum, this should include the project
manager/principal agent, associates in charge when project manager/principal
agent is unavailable, key personnel, firm size, and an organization chart identifying
only those who will perform work for the proposed project and the percentage of
each individual's time devoted to this project. The project manager/principal agent
shall be the primary contact person to represent your firm.
b. References/Relevant Proiect Experience: Proposal shall include a list of relevant
projects which your firm or personnel have completed within the last five (5) years,
including significant work with public agencies. Project information should include
project description, year completed, client name, along with a person to contact and
their telephone number.
2. MANNER FOR PERFORMING SERVICES & SCHEDULE
a. Manner for Performing Service: Proposal shall include an outline which
demonstrates the firm's understanding of the scope of work. This outline should
include anticipated approach, tasks necessary for successful completion, and
suggestions or special concerns for which the City should be made aware.
Proposal shall include the manner for performing services discussed in the outline
above and requested in the Scope of Work (Attachment 1) that details the work
phases to be completed, the tasks to be accomplished and the deliverables to be
provided. This information shall also be incorporated into the schedule as described
below to complete the project.
b. Schedule: Proposal shall include a detailed schedule with a written statement which
provides information on current workload and how this project would be
accommodated.
3. FEE PROPOSAL:
Provide the fee detail regarding the price for which the PROPOSER proposes to perform
the Described Services. Fee proposal should include billable hourly rates of personnel.
City of Santa Ana RFP 18-103
2�1 2
4. LIST OF SUBCONTRACTOR (ATTACHMENT W: Proposals shall include a listing,
subcontractors that will perform work on this project.
5. CERTIFICATIONS/STATEMENTS
The following forms, included in Attachment 3 in the Appendix of this RFP shall be signed
and included as part of the proposal submittal package:
f Attachment 3-1: Non -Collusion Affidavit
• Attachment 3-2: Non -Lobbying Certification
• Attachment 3-3: Non -Discrimination Certification
• Attachment 3-4: Agreement Statement
V. PROPOSAL REVIEW (CONSULTANT SELECTION
The CITY has established a proposal review committee to evaluate proposals based on the
response to the RFP, which includes adherence to outlined directions and format, and the CITY
evaluation criteria set forth above. A final score will be calculated for each submitted proposal
and used to rank the PROPOSERS.
The criteria for evaluating the proposals submitted will take the following items into consideration:
• Finn/Team Experience 25%
• References/Relevant Project Experience 15%
• Manner for Performing Service/Schedule 40%
• Fee 20%
The CITY reserves the right to request clarification and/or request additional information from
PROPOSERS, if necessary. Such clarifications and/or additional information shall be submitted
by the PROPOSERS as an Addendum to the Proposal upon request of the Contract Officer.
However, since PROPOSERS may not request to provide additional input, PROPOSERS are
advised to submit complete information in the Proposal.
Based on the evaluation results, finalists may be asked to participate in an interview session and/or
supplemental questionnaire the week of February 4, 2019. Exact date and time will be provided
to the finalist(s) seven days prior to the assigned interview session and/or due date of the
supplemental questionnaire. If an interview session and/or supplemental questionnaire is
performed, the results will be added to the initial evaluation score to determine the selected
company.
B. SELECTION
The CITY will recommend award of the agreement to the PROPOSER who will provide the best
quality and value to the CITY. CITY reserves the right to begin negotiations and enter into an
agreement without interview or further discussions.
City of Santa Ana RFP 18-103
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VI. AWARD OF AGREEMENT
A. REQUEST FOR COUNCIL ACTION
Following evaluation and rating by the proposal review committee, the Executive Director will
recommend award of an agreement to the PROPOSER providing the best quality and value to the
CITY.
B. EXECUTION OF AGREEMENT
A standard agreement is included as Attachment 2, in the Appendix of this RFP. "PROPOSER"
will hereinafter be referred to as "Consultant" in standard agreement. The term of the agreement
will begin after the agreement is fully executed, and all required bonds, insurance documents and
contents of the payment information packet have been received and approved.
VII. IMPLEMENTATION
A. KICK-OFF MEETING
A kick-off meeting will be held after award of contract. Consultant and its team will meet with
City of Santa Ana staff to conduct introductions, discuss scope of services, and implementation
process.
B. NOTICE TO PROCEED
Following the kick-off meeting, a formal Notice to Proceed (NTP) may be issued after the
agreement is fully executed, and all insurance documents and contents of the Payment Information
Packet have been received and approved.
VIII. PUBLIC RECORDS
All responses to the RFP shall become property of the CITY, and proposals will become public record
after award of agreement. PROPOSER information identified as proprietary information shall be
maintained confidential, to the extent allowed under the California Public Records Act.
City of Santa Ana RFP 18-103
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Appendix
ATTACHMENT 1
SCOPE OF WORK
CITY OF SANTA ANA
REQUEST FOR PROPOSALS
FOR
SERVICE AND FINANCIAL SUSTAINABILITY ANALYSIS
RFP NO.: 18-103
BACKGROUND AND INTRODUCTION:
The Parks, Recreation and Community Services Agency's (PRCSA) General Fund budget in FY 2018-2019 is
$21,173,178. The Agency has 74 full-time employees and 400 part-time employees. The Agency is composed
of four Divisions: Administrative Services, which handles Park Planning and Maintenance and Budget and
Accounting, Santa Ana Zoo, Recreation Services, and Library Services. Each Division is headed by a manager
who reports to the Executive Director.
With the scarcity of resources, the PRCSA needs to review existing processes and services to determine the future
of the agency and how best to proceed. The City of Santa Ana is a high-density community that relies heavily on
city services and facilities. The parks system is heavily used which reduces the useful life of facilities and
increases the costs of maintenance. The recreation programs are in high demand which require staffing to
adequately manage the programs. Various services have a fee associated that cover the cost of the service, but in
most cases the services are subsidized or free. The agency in general requires a process by which it can sustain
itself for the long-term.
The PROPOSER will implement a process that will result in organizational sustainability through a logical
resource allocation model and pricing strategies and methods. The objectives of the study are to become familiar
with the current values, vision, mission and goals of PRCSA and the communities served including current
programs and facilities, their revenue sources and marketing strategies. The consulting firm will conduct an
extensive public involvement process to vet or refine community values and issues leading to PRCSA's vision.
When all the data has been gathered it must be analyzed and presented in a clear and concise final report including
a comprehensive plan of implementation and action steps to achieve the financial goals.
CONSULTANT'S OBLIGATIONS
Requirements
1.1. PROPOSER shall become familiar with the current values, vision, mission and goals of PRCSA.
1.2. PROPOSER shall become familiar with the current programs and facilities offered by PRCSA,
their revenue sources and marketing strategies and assess the public demand for services.
1.3. PROPOSER shall provide ample opportunities for community engagement.
1.4. PROPOSER shall guide and/or recommend a public involvement process to vet or refine
community values and issues leading to PRCSA' S vision including:
1.4.1. All planning areas and their respective governance
1.4.2. Overlapping jurisdictions
City of Santa Ana RFP 18-103
Z 15
1.4.3. PRCSA personnel
1.4.4. CITY staff and departments outside PRCSA
1.5. PROPOSER shall assess expectations and objectives from other CITY agencies and authorities.
1.6. PROPOSER shall evaluate current fee structure, use agreements and funding sources.
1.7. PROPOSER shall evaluate revenue enhancement opportunity in facilities and programs including
the community center, parks, trails, operation permits, and recreation programs.
1.8. PROPOSER shall evaluate the role of future developments in cost recovery strategies.
1.9. PROPOSER shall evaluate other factors such as local economy, demographics, safety, national
and local trends and studies.
1.10. PROPOSER shall use other data collection methods to supplement this project task.
2. Report Development and Data Gathering Requirements
2.1. PROPOSER shall analyze the data listed above once it has been gathered.
2.2. PROPOSER shall identify patterns, trends and other statistically significant concepts.
2.3. PROPOSER shall note individual and systemic problems and strengths.
2.4. PROPOSER shall assess the role of energy conservation and sustainability or "greening" of
PRCSA as a cost recovery strategy.
2.5. PROPOSER shall identify potential internal and external partnerships that would enhance the cost
recovery mode.
2.6. PROPOSER shall review all programs and services currently offered and the amount of subsidy
for each.
2.7. PROPOSER shall assess current user groups and identify potential user groups as revenue sources.
2.8. PROPOSER shall incorporate information on public and private sector competitors.
2.9. Preliminary findings shall be presented within six (6) months of agreement award.
3. Report Requirements
3.1. PROPOSER shall prepare a clear and concise final report, able to be electronically integrated,
detailing approaches to:
3.1.1. Clarify core programs and services.
3.1.2. Reduce PRCSA's reliance on the General Fund through increased cost recovery.
3.1.3. Identify programs and services that should be subsidized based on their cost recovery.
3.1.4. Market analysis and comparison of selected key services' fee structure, amenities and/or
qualitative experience.
City of Santa Ana RFP 18-103
2g'1
f 6
3.1.5. Identify revenue enhancement opportunities including marketing strategies.
3.1.6. Identify a logical pricing model and methodology based on findings.
3.1.7. Identify the role of energy conservation and sustainability or "greening" of PRCSA as a
cost recovery strategy.
3.1.8. Develop ongoing evaluation methods to enable PRCSA to remain current, competitive and
viable.
3.1.9. Develop strategy for new and innovative revenue sources.
3.2. PROPOSER shall include recommendations to achieve financial goals within our current
infrastructure including:
3.2.1. Comprehensive implementation plan and action steps.
3.2.2. Ongoing evaluation methods to enable PRCSA to remain current, competitive and viable.
3.3. The final draft of the report will be completed with twelve (12) months of agreement.
4. Presentation Requirements
4.1. PROPOSER will be responsible for leading the following meetings;
4.1.1. Project Kick Off
4.1.2. Project Milestones
4.1.3. Preliminary Draft Submission Presentation
4.1.4. Final Report Presentation
Additional Comments
5.1. Please include statement of additional services or recommended tasks to the CITY to complete the
Statement of Work if needed.
City of Santa Ana RFP 18-103
2M;q
Appendix
ATTACHMENT 1A
LIST OF SUBCONTRACTORS
City of Santa Ana RFP 18-103
2�=1`8
Appendix
ATTACHMENT 2
STANDARD AGREEMENT -SAMPLE
(non -substantive changes may occur)
CONSULTANT AGREEMENT
CITY OF SANTA ANA
THIS AGREEMENT is made and entered into on this day of , 2018 by and between
, ("Consultant"), and the City of Santa
Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State
of California ("City").
RECITALS
A. The City desires to retain a consultant having special skill and knowledge in the field of:
B. Consultant represents that Consultant is able and willing to provide such services to the City.
C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its
field and that any services performed by Consultant under this Agreement will be performed in compliance
with such standards as may reasonably be expected from a professional consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and
conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor,
materials, tools, equipment, and incidental customary work required to fully and adequately complete the services
described and set forth in Scope of Services - Exhibit A, attached hereto and incorporated by reference.
2. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates
and charges identified in Compensation - Exhibit B.
b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice
evidencing work performed, subject to City accounting procedures. Payment need not be made for
work which fails to meet the standards of performance set forth in the Recitals which may reasonably
be expected by City.
3. TERM
This Agreement shall commence on [enter a Start Date or "the date first written above"] for a number (#)
Year term with the option for the City to grant up to a number (#)-vear renewals, exercisable by a writing by
the City Manager and the City Attorney, unless terminated earlier in accordance with Section 16, below.
City of Santa Ana RFP 18-103
2SBA 9
4. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor
and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-
employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the
professional manner in which Consultant performs the services which are the subject matter of this Agreement;
however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable
standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social
security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all
applicable withholding taxes.
5. OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or
sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications,
studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of
expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on
computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement
("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-
exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement.
Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data.
Consultant makes no such representation and warranty in regard to Documents & Data which were provided to
Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time,
provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk.
6. INSURANCE
Prior to undertaking performance of work under this Agreement; Consultant shall maintain and shall
require its subcontractors, if any, to obtain and maintain insurance as described below:
a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability
insurance naming the City, its officers, employees, agents, volunteers and representatives as
additional insured(s) and shall include, but not be limited to protection against claims arising from
bodily and personal injury, including death resulting therefrom and damage to property, resulting
from any act or occurrence arising out of Consultant's operations in the performance of this
Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall
be not less than the following: single limit coverage applying to bodily and personal injury,
including death resulting therefrom, and property damage, in the total amount of $1,000,000 per
occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers,
employees, agents, and representatives as additional insured(s); (b) be primary and not
contributory with respect to insurance or self-insurance programs maintained by the City; and (c)
contain standard separation of insureds provisions.
b. Business automobile liability insurance, or equivalent form, with a combined single limit of not
less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and
non -owned automobiles.
C. Worker's Compensation Insurance. In accordance with the provisions of Section 3700 of the
Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability
for worker's compensation or to undertake self-insurance. Prior to commencing the performance
of the work under this Agreement, Consultant agrees to obtain and maintain any employer's
City of Santa Ana RFP 18-103
2680'go
liability insurance with limits not less than $1,000,000 per accident.
d. If Consultant is or employs a licensed professional such as an architect or engineer: Professional
liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000
per claim with $2,000,000 in the aggregate.
e. The following requirements apply to the insurance to be provided by Consultant pursuant to this
section:
i. Consultant shall maintain all insurance required above in full force and effect for the entire
period covered by this Agreement.
ii. Certificates of insurance shall be furnished to the City upon execution of this Agreement
and shall be approved by the City.
iii. Certificates and policies shall state that the policies shall not be canceled or reduced in
coverage or changed in any other material aspect without thirty (30) days prior written
notice to the City.
iv. Where the amounts or coverage provided by the certificates of insurance provides coverage
greater than those listed by this Agreement, the amounts provided by the certificates of
insurance shall be incorporated by reference into the Agreement.
V. Consultant shall supply City with a fully executed additional insured endorsement.
f. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails
or refuses to furnish the City with required proof that insurance has been procured and is in force
and paid for, the City shall have the right, at the City's election, to forthwith terminate this
Agreement. Such termination shall not affect Consultant's right to be paid for its time and
materials expended prior to notification of termination. Consultant waives the right to receive
compensation and agrees to indemnify the City for any work performed prior to approval of
insurance by the City.
7. INDEMNIFICATION
Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents,
employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just
compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death,
and claims for property damage, which may arise from the negligent operations of the Consultant, its
subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in
section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution,
judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity
and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable
relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of
the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless,
and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the
City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal
injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises
by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with
respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's
services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by
Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or
willful misconduct of the Consultant.
8. INTELLECTUAL PROPERTY INDEMNIFICATION
City of Santa Ana RFP 18-103
2W21
Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against
any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright
infringement, including costs, contained in the work product or documents provided by Consultant to the City
pursuant to this Agreement.
9. RECORDS
Consultant shall keep records and invoices in connection with the work to be performed under this
Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this
Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three
(3) years, or for any longer period required by law, from the date of final payment to Consultant under this
Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative
of the City to examine, audit, and make transcripts or copies of such records and any other documents created
pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data,
documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of
final payment to Consultant under this Agreement.
10. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such information is reasonably
understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such
information except in the performance of this Agreement, and further agrees to exercise the same degree of care
it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential
Information" shall include all nonpublic information. Confidential information includes not only written
information, but also information transferred orally, visually, electronically, or by other means. Confidential
information disclosed to either party by any subsidiary and/or agent of the other party is covered by this
Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a)
has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly
available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is
required to be disclosed by operation of law; or (e) is independently developed by the Consultant without
reference to information disclosed by the City.
11. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which
would conflict in any manner with performance of services specified under this Agreement.
12. NON-DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual
orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the
recruitment, selection, training, utilization, promotion, termination or other employment related activities.
Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and
local laws and regulations.
13. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and Consultant, and
supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between
City of Santa Ana RFP 18-103
2LU=12
the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This
Agreement may not be modified except by written instrument signed by the City and by an authorized
representative of Consultant. The parties agree that any terms or conditions of any purchase order or other
instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate
Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements,
promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any
party, which is not embodied herein.
14. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may
not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and
any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be
considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of
the services which are the subject to this Agreement performed by City personnel or by other consultants retained
by City.
15. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In
such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services
performed by Consultant prior to receipt of such notice of termination, subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Consultant to deliver to the
City all work product(s) completed as of such date, and in such case such work product shall be
the property of the City unless prohibited by law, and Consultant consents to the City's use thereof
for such purposes as the City deems appropriate.
b. Payment need not be made for work which fails to meet the standard of performance specified in
the Recitals of this Agreement.
16. WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the
provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach,
failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any
other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver
unless the writing so specifies.
17. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the validity, interpretation,
performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the
laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for
any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement.
18. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits,
approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws
City of Santa Ana RFP 18-103
29@1-'23
and regulations of the United States, the State of California, the City of Santa Ana and all other governmental
agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such
permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this
Agreement.
19. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in
writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail,
postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the
following persons:
To City:
Cleric of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax: 714- 647-6956
With courtesy copies to:
Executive Director, ------- Agency
City of Santa Ana
20 Civic Center Plaza (M-xx)
P.O. Box 1988
Santa Ana, California 92702
Fax:
To Consultant:
First & Last Name
Title
Consultant Firm Name
Address
City, State, Zip
Fax:
A party may change its address by giving notice in writing to the other party. Thereafter, any
communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be
effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly
registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication
shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission
report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating
these time frames, weekends, federal, state, County or City holidays shall be excluded.
20. NUSCELLANEOUS PROVISIONS
City of Santa Ana RFP 18-103
264
a. Each undersigned represents and warrants that its signature herein below has the power, authority
and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify
City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in
the event that such authority or power is not, in fact, held by the signatory or is withdrawn.
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the
body of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written.
ATTEST:
Maria D. Huizar
Clerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
Lo
Assistant City Attorney
fi:7XKo11/lky,IWIN all Is) ;#al'70 MONZAa
Executive Director
[INSERT] Agency
CITY OF SANTA ANA
Raul Godinez II
City Manager
CONSULTANT:
(name)
(title)
Tax ID
EXHIBIT A
SCOPE OF SERVICES
City of Santa Ana RFP 18-103
28125
(from Attachment 1 of RFP)
EXHIBIT B
CONSULTANT PROPOSAL
FEE SCHEDULE (OR) RATES AND CHARGES
EXHIBIT C
CERTIFICATIONS
(from Attachment 3 of RFP)
City of Santa Ana RFP 18-103
2 6
APPENDIX
ATTACHMENT 3-1: NON -COLLUSION AFFIDAVIT
CERTIFICATIONS
CITY OF SANTA ANA
REQUEST FOR PROPOSALS
FOR
SERVICE AND FINANCIAL SUSTAINABILITY ANALYSIS
RFP NO.: 18-103
NON -COLLUSION AFFIDAVIT
(Title 23 United States Code Section 112 and
Public Contract Code Section 7106)
To the CITY OF SANTA ANA DEPARTMENT OF PUBLIC WORKS
In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid
is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or
corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited
any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with
any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any
manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the
BIDDER or any BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to
secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all
statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid
price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not
pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent
thereof to effectuate a collusive or sham bid.
Note: The above Non -collusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof
shall also constitute signature of this Non -collusion Affidavit. BIDDERS are cautioned that making a false certification
may subject the certifier to criminal prosecution.
Signed
State of California
County of
Subscribed and sworn to (or affirmed) before me on this day of , 20_, by proved
to me on the basis of satisfactory evidence to be the person(s) who appeared before me.
Notary Public Signature Notary Public Seal
City of Santa Ana 3RFP 18-103
�f'27
APPENDIX
ATTACHMENT 3-2: NON -LOBBYING CERTIFICATION
CERTIFICATIONS
CITY OF SANTA ANA
REQUEST FOR PROPOSALS
FOR
SERVICE AND FINANCIAL SUSTAINABILITY ANALYSIS
RFP NO.: 18-103
The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and
belief, that:
1. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any
person for influencing or attempting to influence an officer or employee of any federal agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with
the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the
entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any federal contract, grant, loan, or cooperative agreement.
2. If any funds other than federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress,
an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal
contract, grant loan, loan or cooperative agreement, the undersigned shall complete and submit a "Disclosure
of Lobbying Activities".
This certification is a material representation of fact upon which reliance was placed when this transaction was made or
entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section
1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less
than $10,000 and not more than $100,000 for each such failure.
The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of
this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub recipients shall certify
and disclose accordingly.
Firm
Signed and Printed Name:
Title
Date
City of Santa
pAna RFP 18-103
26G -LH
APPENDIX
ATTACHMENT 3-3: NON-DISCRIMINATION CERTIFICATION
CERTIFICATIONS
CITY OF SANTA ANA
REQUEST FOR PROPOSALS
FOR
SERVICE AND FINANCIAL SUSTAINABILITY ANALYSIS
RFP NO.: 18-103
The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows:
The Consultant shall not discriminate against any employee or applicant for employment because of race,
color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants
are employed, and that employees are treated during employment without, regard to their race, color, religion,
sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading,
demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms
of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in
conspicuous places, available to employees and applicants for employment, notices to be provided setting
forth the provisions of this nondiscrimination clause.
2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the
Consultant, state that all qualified applicants will receive consideration for employment without regard to
race, color, religion, sex, or national origin.
3. The Consultant shall send to each labor union or representative of workers with which he/she has a collective
bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union
or workers' representatives of the Consultant's commitments under this section, and shall post copies of the
notice in conspicuous places available to employees and applicants for employment.
4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the
rules, regulations, and relevant orders of the Secretary of Labor.
5. The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24,
1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit
access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for
purposes of investigation, to ascertain compliance with such rules, regulations, and orders.
6. In the event of the Consultant's non-compliance with the nondiscrimination clauses of this contract or with
any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole
or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted
construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24,
1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246
of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided
by law.
7. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the
provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules,
City of Santa Ana RFP 18-103
2`529
regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of
September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the
administering agency may direct as means of enforcing such provisions, including sanctions for
noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened
with, litigation with a subconsultant or vendor as a result of such direction by the administering agency, the
Consultant may request that the United States enter into such litigation to protect the interests of the United
States.
8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended,
No discrimination shall be made in the employment of persons upon public works because of race, religious creed,
color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except
as provided in Section 1420, and any consultant of public works violating this Section is subject to all the penalties
imposed for a violation of the Chapter.
Signed:
Title:
Firm:
Date:
City of Santa Ana RFP 18-103
--3
26150
APPENDIX
ATTACHMENT 3-4: AGREEMENT STATEMENT
CITY OF SANTA ANA
REQUEST FOR PROPOSALS
FOR
SERVICE AND FINANCIAL SUSTAINABILITY ANALYSIS
RFP NO.: 18-103
Proposer understands that the PROPOSER will enter into an Agreement similar to that as shown in Attachment
2, in the Appendix of this RFP. If a PROPOSER is unwilling or unable to execute an Agreement within thirty
(30) days after being notified of selection under this RFP, the CITY reserves the right to select the next most
qualified PROPOSER or call for new Proposals, whichever the CITY deems most appropriate.
PROPOSER concurs to the statements in the standard agreement, with the exception of the following
Finn
Signed and Printed Name:
Title
Date
City of Santa Ana RFP 18-103
2'8'31
25B-32
R
TABLE OF CONTENTS
I. Statement of Qualifications and References..................................................1
II. Mannerfor Performing Services & Schedule................................................11
III. Fee Proposal..........................................................................17
IV. Certifications/Statements...............................................................19
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GREENPLAYLC www.greenplayilc.com
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January 22, 2019
Mr. Frank Arroyo, RFP Administrator
20 Civic Center Plaza M-23
Santa Ana, CA 92701
Mr. Arroyo and Selection Committee:
GreenPlay, LLC, is pleased to submit our proposal to develop a Service and Financial Sustainability Assessment
for the City of Santa Ana's Parks, Recreation, and Community Services Agency. GreenPlay has been providing
financial assessments, strategies, and related services for Parks, Recreation, and Community Services
Departments in California and around the country since 1999. We have developed very effective and efficient
ways of communicating, producing and delivering high quality service, ensuring that your community is receiving
the highest return on investment possible in this important work. We have worked with over 500 communities
on various plans, using ourtools and methodologies, and still treat each one as unique, providing customized
community -specific results. Our team has completed similar projects in Southern California including recent
completion of a Financial Sustainability Plan for the City of Encinitas and a Services and Financial Sustainability
Plan for the City of Irvine.
Our proposed team will include Chris Dropinski, CPRE, as Principal -in -Charge, Art Thatcher, MPA, CPRP, as
Project Manager, and Daniel Hopkins, CPRP, as Project Consultant. We keep in close contact with our clients and
make a commitment that we remain available to you and will be in contact with you long after the project is
complete to address questions and challenges, share new insights from other clients and our continuing work -
all with no additional charges, unless additional tasks are requested.
Planning, Financial, and Operational Solutions
We understand that the current economic climate is driving agencies to examine "why" as well as "how"
they use the taxpayer investment, and that many agencies are either doing more with less or are trying to
be financially sustainable while offering more services. Sometimes agencies have the resources to complete
this kind of citizen -centric, systemic philosophical work on their own, and sometimes they require objective
assistance. We would like to help you actualize this goal by providing you with this innovative and tested scope
of work, tools, and methodologies for your consideration. To do so, we will utilize facilitation of a specific
nationally -accepted process, the Pyramid Methodology. It is now being utilized at agencies and is being taught
in universities and continuing education realms across the country to help effectively address the issues you are
seeking to solve. We have had many satisfied clients who have successfully implemented this methodology.
We have put together this scope of work based on our understanding of your current need, and based on our
experience of delivering effective services. We would like the opportunity to discuss with you what we can do to
help you in assuring continued community services funding and a sustainable future! If you have any additional
questions, please feel free to contact me at the number listed below. This proposal is valid for 120 days
following submittal. We have received Addendum 1.
S!ne ely,
Teresa Penbrooke, PhD, MAOM, CPRE
CEO and Founding Managing Member
Phone: (303) 870-8674 (direct)
E-mail: ChrisD@GreenPlayLLC.com
1021 South Boulder Rd., suite N / Louisville, CO 80027 . 303.439,8369
25B-35
6REENPLAY«
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GreenPlay is a Limited Liability Company, with
national administrative offices in Louisville,
Colorado and eight regional offices around the U.S.
Founded in 1999 precisely to help communities
with this type of work, we operate as a consortium
of experts to provide management and consulting
services for park, recreation, open space, and
related quality of life agencies. We serve as a
resource for agencies by organizing teams that
are responsive, experienced in the field, and who
understand the needs of individual communities.
Our firm works nation-wide with 14 employees and
over 75 technical consortium affiliates and sub -
consultants to complete projects for large and small
agencies throughout the nation. GreenPlay has
successfully completed over 500 projects, working
with local, state, and national government agencies,
as well as with private sector organizations.
Administrative Headquarters
1021 E. South Boulder Rd., Suite N
Louisville, CO 80027
Contact: Teresa Penbrooke
(303)870-3884
(303)439-8369
email: teresap@greenplayllc.com
Relevancy of Similar Work Experience
Ourfirm has experience that is directly relevant to
this project. We have completed similar assessments
for the Cities of Irvine and Encintas, as well as San
Diego County in California, along with the Cities of
Baltimore, Maryland, City of Virginia Beach, Virginia,
Arlington County, Virginia, the City and County of
Denver, Colorado, and many others. We have also
analyzed similar programs while completing parks
and recreation master plans in various communities.
We utilized our expertise to help these and other
communities plan for sustainable development which
is financially sound. We will be able to quickly discern
key issues in your community and help you plan to
address them in an effective manner.
Management Approach and Philosophy
Toward Parks and Recreation Planning
We believe that parks and recreation assets
contribute to the quality of life that makes a
community a desirable place to work, live, and
play. GreenPlay consultants are all passionate
about developing plans and documents that
work conceptually and are implementable in
each individual community. We develop planning
and operational options that establish a balance
between innovation and experience, conservation
and active recreation, design excellence and
cost control, and creativity and functional
accommodation. We also understand the need
to create a delicate balance between economic
benefits and provision of equitable service, along
with an appropriate mix of active and passive
elements for all types of service demands.
25B-37
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GreenPlay, LLC Your GreenPlay Consulting Team is...
At GreenPlay, LLC, we believe that the best services Dedicated to your project and committed to
and products come from using a wide variety of tools. addressing the unique issues and opportunities
Some recreation consulting firms concentrate on
computer models, databases, or surveys. While we
believe these tools are valuable, we take our evaluation
and assessment tools to the next level by utilizing
Innovative methods and processes that are most
effective for your individual community. The results
provide a more comprehensive solution for achieving
your goals. This schematic illustrates the various tools
that GreenPlay uses to help your agency meet its
expectations. We balance your needs, and those of your
stakeholders, with the reality of available resources.
Conscious Capitalism®
While making money is
essential forthe vitali-
ty and sustainability of
any business, it is not
the only or even the
most important reason
GreenPlay exists. As
a purposefully small,
private Conscious Business, we support a culture
of Conscious Capitalism with a focus on purpose
beyond profit. www.conciouscapitalism.org
facing your community.
• Experienced in developing plans and documents
that work conceptually and are implementable in
your community.
• Trained in conducting effective public process by
skillfully leading staff and stakeholder interviews and
focus groups.
• Adept in cultivating supportive relationships with
staff and governing body leadership.
• Effective in creating a public process, along with
planning and operational options, that establish
a balance between innovation and experience,
conservation and active recreation, design
excellence and cost control, creativity and functional
accommodation, and that meet the needs of the
community with the resources that are available.
• Respected for their expertise in strategic visioning,
programming, cost recovery analysis, resource
management, facility site design, operations,
funding options, and bond referendum preparation.
• Committed to helping you to achieve your goals on
time and within budget, while providing exceptional
customer service.
Z GREENPLAY c
aaaodllyEdoa.n;aA„re,a. 25B-38
PROPOSED PROJECT TEAM
City of Santa Ana, California
Parks, Recreation, and Community
Services Department
Art Thatcher, MPA, CPRP
Project Manager
Chris Dropinski, CPRE
Principal in Charge
Danny Hopkins, MBA
Project Consultant
Art Thatcher, MPA, CPRP, Principal
Project Manager
Direct: (757) 592-3103 ) Email: ArtT@GreenPlayLLC.
com
Art is a Certified Parks and Recreation Professional
with 30 years of experience in public parks
and recreation operations, programming and
administration, volunteer board leadership, facility
design and operations, and community engagement.
Throughout his career, Art has concentrated on
strategic planning, youth civic engagement and teen
comprehensive planning, operations and facility
management planning, and community engagement
facilitation. Art will be your Project Manager and
primary point of contact. Art will devote 25% of his
time to this project.
Chris Dropinski, CPRE, Senior Principal and Managing
Member I Principal -in -Charge
Direct: (303) 870-8674 ) Email: ChrisD@GreenPlayLLC.
com
Chris is a Certified Parks and Recreation Executive
who brings over 40 years of experience in the public
parks, trails, recreation, and open space industry to
GreenPlay as Senior Principal and Managing Member
for the firm. Throughout her career, Chris has worked
with large and small-scale organizations, with a focus
on strategic and master plans, facility development,
and fiscal management and funding alternatives. Her
experience includes open space and park planning,
public process facilitation, Board/Council relations,
organizational needs analysis, public and alternative
funding, and policy research and development. Chris,
along with her staff in the City of Boulder, was the
initial creator for the Pyramid Methodology. She
has been speaking at various state, regional, and
national associations, training seminars, agencies, and
conferences for nearly 40 years. Chris will devote 20%
of her time to this project.
Danny Hopkins, MBA, Project Consultant
Danny is passionate about the Parks and Recreation
field and each community in which he has worked.
He has tailored his unique governmental experience
to that community's specific taste, demographics,
expectations and resources. Finding the balance
between these competing interests is important for
long-term success. The primary ingredient for that
success is cultivating quality relationships with the
stakeholders. The underpinnings of his management
style are based on the beliefs that employees are the
most valuable resource to an organization and that
open communication and understanding are vital to
the success of an organization. Danny will devote 18%
of his time to this project.
ijv.4: iO4^ e'dvc yne-i pAG 3
25B-39
Education & Certification
• Old Dominion University,
Masters. of Public
Administration, 2005
• Christopher Newport
University, Bachelors of
Science, 1981
• Certified Parks and Recreation
Professional, National
Recreation & Parks Association
(NRPA)
• NRPA Director School, 2010;
NRPA
• Aquatic Facilities Operator,
2010; NRPA
• Certified Pool Operator, 2013;
National Swimming Pool
Foundation
• Aquatic Supervisor, 2009; Boy
Scouts of America
• School of Sports Management,
1990; NRPA
• Leadership Training Institute,
2014; VRPS
• The Business institute for
Parks, Recreation and Leisure
Services, 2002; NRPA
• LEAD, Weldon Cooper Center
for Public Service (UVA(, 1999
• Lifeguarding/Waterfront,
American Red Cross
• CPR/AED/First Aid, American
Red Cross
• Wilderness First Aid,
Wilderness Safety Council
4 GREENPLAKe
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Principal, Project Manager t��
Art Thatcher,
��c,�pi""P
r MPA, r r �z
yc
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Work Ex erience:
Art is a Certified Parks and Recreation Professional with 30 years of experience in public
parks and recreation operations, programming and administration, volunteer board
leadership, facility design and operations, and community engagement. Throughout
his career, Art has concentrated on strategic and master planning, youth civic
engagement and teen comprehensive planning, operations and facility management
planning, outdoor adventure recreation development and programming, and
community engagement facilitation. Art is a well known speaker at the local, state,
and national level, and lecturer in the Parks, Recreation and Tourism Department at
Old Dominion University. He was the 2014 President and Chair of the Board of the
Virginia Recreation and Parks Society. He has become known as a national expert in
working with coastal communities, including those that manage beaches as part of
their parks and recreation systems.
• Green Play LLC, Principal and Project Manager: 2013 - Present
• Bureau Manager of Recreation and Human Development — City of Norfolk, VA
• Information Technology Project Coordinator — City of Hampton, VA
• Superintendent of Parks & Recreation —City of Hampton, VA
• Operations Director, Norfolk FestEvents Ltd. — Norfolk, VA
• Director of Parks and Recreation — City of Poquoson, VA
Representative Project Experience
• Amherst, NY— Recreation and Parks Master Plan Update
• Arlington County, VA — Sports Fields Use Study
• Bethlehem, NY— Parks and Recreation Master Plan
• Carbon Valley Recreation District, CO — Parks and Recreation Master Plan
• Caswell County, NC— Parks and Recreation Master Plan
• Chatham County, GA— Parks and Open Space Master Plan
• Clovis, CA — Parks Master Plan
• Darien, CT— Parks Master Plan
• Encinitas, CA— Parks and Recreation Master Plan
• Encinitas, CA— Financial Sustainability Project
• Erie County, NY— Parks and Recreation Master Plan
• Glenwood Springs, CO — Park, Recreation, Open Space and Trails Master Plan
• Gloucester County, VA— Needs Assessment for Parks, Recreation, and Tourism
• Greenbelt, MD— Recreation and Park Facilities Master Plan
• Maitland, FL— Parks and Recreation Master Plan
• Manassas, VA— Parks, Recreation, & Culture Needs Assessment and Facilities Plan
• Martin County, FL— Parks and Recreation Master Plan
• New Hanover County, NC— Department of Parks and Gardens Master Plan Update
• Oceanside, CA Parks and Recreation Master Plan
• Roanoke Regional Partnership, VA — Outdoor Needs, Operations Capital and
Financial Analysis
• Rolesville, NC—Comprehensive Plan, Recreation Component
• San Gabriel, CA— Parks, Recreation, and Open Space Master Plan
• Santee, CA— Parks and Recreation Master Plan Update
• Sioux Falls, ND — Parks and Recreation Master Plan
• Wake Forest, NC— Parks, Recreation, and Cultural Arts Master Plan
• West Palm Beach, FL—Parks and Recreation Master Plan
• Williamsburg, VA— Parks and Recreation Master Plan
• Wilsonville, OR — Parks and Recreation Comprehensive Master Plan
• Winchester, VA— Needs Assessment
25B-40
Education
• Bachelor of Science in
Recreation Administration/
Education, Graduated Cum
Laude, May 1977 State
University of New York at
Cortland, Cortland, New York
• Kappa Delta PI - National Honor
Society in Education
• Essence of Leadership Program,
Contegrity Program Designs,
Inc., 1997
• Essential Development
Programs, Conversant Solutions,
LLC, 1994-99
• Graduate of Executive
Development School, University
of Georgia; NRPA Park Planning
and Maintenance School; CPRA
Recreation Facilities Design and
Management School; NRPA
Western Revenue Sources
Management School, 1983-1988
Professional Affiliations
Article— Writing Award, Illinois
P&R Magazine, 2008
Top 100 Women -owned
Businesses, Colorado Biz, 2003,
2005,2006,2007,2008,2012,
2013,2015
Professional Member of NRPA
Professional Member Colorado
Parks and Recreation Association,
President 1989-90
Certified Parks and Recreation
Executive
Board Member National
Association of Park Foundations
(NAPF)
Board and Past Chair, NRPA Rocky
Mtn Revenue & Mgmt School
2004-2010
Fellow of the American Academy
for Park and Recreation
Administrators
Member PLAY Boulder Parks and
Recreation Foundation - 2009 -
present
GP RED— President (2009-2010),
Board 2011, Advisory Board
2012 -Present
Chris Dropinski, CPRE
IE
Senior Principal and Managing Member
Work Experience:
a
Chris is a Certified Parks and Recreation Executive who has 24 years of Parks and
Recreation administration and management and over 40 years in the field to support
her current consulting role. Her passion forteaching and moving the field forward has
led to many successful master planning and feasibility projects across the country. She
served as Director of the City of Boulder, Colorado, Parks and Recreation Department
for over a decade, providing leadership for the development and provision of parks,
open space, trails and recreation services. Chris has a unique and respected approach
toward addressing such challenging areas as policy development, organizational
development, strategic management, revenue philosophy in the public setting,
building relationships with alternative providers, partnership building, cost benefit
analysis, developing board/staff relationships, and establishing an effective public
engagement process. Chris is a well known speaker at the local, state, and national
level on many of these topics.
Management Consulting in Parks, Recreation, and Sports since 1995
• Green Play LLC, Co -Owner and Senior Principal: 2001 - present
• City of Boulder Parks and Recreation, Colorado, Director: 1990-2001
• Foothills Park and Recreation District, Colorado, Assistant Director: 1981-1990
• South Suburban Recreation and Park District, Colorado, Supervisor: 1977-1981
Representative Project Experience
Chris has led more than 200 projects for GreenPlay. Below is a representative sample:
• Alexandria, VA—Cost Recovery Policy Model and Philosophy
• Baltimore Recreation and Park, MD —Services Assessment and Recreation
Centers & Aquatics Study
• Colchester, VT — Recreation Impact Fee Study
• Coppell, TX — Cost Recovery Policy and Resource Allocation Philosophy
• Denver Parks and Recreation, CO — Resource Allocation Priorities Study
• Desert Recreation District, CA— Parks and Recreation Master Plan, Strategic
Plan and Updates
• Encinitas, CA — Services and Financial Sustainability Study
• Forest Preserve District of Cook County, IL— Recreation Master Plan
• Fraser Valley, CO — Parks, Recreation and Golf Master Plan Update
• Irvine, CA — Community Services Department Cost Recovery Analysis and
Services Assessment
• Kirkland, WA— Cost Recovery Study
• Longmont, CO — Open Space and Trails Master Plan 2002 and 2018 Update
• Louisville, CO — Parks, Recreation, and Open Space Master Plan
• Raleigh, NC — User Fee Analysis Study
• Riverside County, CA— Regional Parks and Open Space District Master Plan
• Vancouver -Clark Parks and Recreation, Vancouver, WA — Organizational
Assessment
• Virginia Beach Parks and Recreation, VA—Strategic Plan Update, Cost
Recovery and Services Assessment
• Wimberley, TX — Blue Hole Regional Park Master Plan and Operations Plan
25B-41
Hei`yr4m V— tic-.Zve yaxo pe -G. 5
EDUCATION
•
Masterof Business
Administration Degree,
.'University of Sarasota
School of Business
• Graduate Studies in
Education, Fordham
University of New York
- School of Social Services-
• Bachelor of Science Degree,
State University of New
York, Empire State College
School of Human Services
PROFESSIONAL
MEMBERSHIPS:
• National Recreation and
Parks Association
• Florida Recreation and
Parks Association
• American Red Cross
6 ICREENPLAY,c
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Daniel Hopkins, MBA
Project Consultant
Overview:
Over the past thirty plus years Danny has had the opportunity to work in local
government, reporting to a variety of policy boards and local government
structures. He has served in the capacity as an acting town manager and as
a department head for departments responsible for Parks and Recreation,
Community Services, Public Works, Neighborhood Services and Tourist
Development. He has also worked as a private consultant assisting local
governments. Danny now works for GreenPlay out of his Manchester, New
Hamphsire, office.
Danny is passionate about the Parks and Recreation field and each community
in which he has worked. He has tailored his unique governmental experience
to that community's specific taste, demographics, expectations and resources.
Finding the balance between these competing interests is important for long-
term success. The primary ingredient for that success is cultivating quality
relationships with the stakeholders. The underpinnings of his management style
are based on the beliefs that employees are the most valuable resource to an
organization and that open communication and understanding are vital to the
success of an organization. He has found that this approach instills trust and
loyalty that, in turn, promotes an effective and productive environment.
Work Experience:
GreenPlay, LLC
Project Consultant, 2019—Present
Quality of Life Consulting Services, LLC
CEO & Founding Member, 2013-2018
MANATEE COUNTY - Parks and Natural Resources, Bradenton, FL
Recreation Division/Capital Improvement Program Manager (2015-2016)
Aquatics Director (2016-2018)
TOWN OF CARY — Parks Recreation Cultural Resources, Cary, NC
Director, 2010-2012
CITY OF ASHEVILLE — Parks Recreation Cultural Arts, Asheville, INC
Superintendent, 2008-2010
TOWN OF MIAMI LAKES — City Manager's Office, Miami Lakes, FL
Community Planning & Capital Projects Director, 2007-2008
TOWN OF MIAMI LAKES- Parks and Recreation, Miami Lakes, FL
Director, 2006-2007
CITY OF REDMOND - Parks and Recreation, Redmond, WA
Director, 2000-2006
MANATEE COUNTY — Recreation & Cultural Services, Bradenton, FL
Director, 1993-2000
25B-42
REPRESENTATIVE PROJECT EXPERIENCE
CITY OF IRVINE, CALIFORNIA
COMMUNITY SERVICES DEPARTMENT COST
ITH"Wirks
Reference:
Kim Mahon, Management Analyst
Community Services, Civic Ctr.
PO Box 19575
Irvine, CA 92623
949-724-7464 1 kmahon@cityofirvine.org
Project: GreenPlay performed a comprehensive cost
recovery and fee study for Community Services and
Great Park programs and activities of the City as required
by the City's financial and budget policy. Using the
existing cost recovery model as the performance metric
for cost recovery, standard financial reports were used
to develop a customized report that aligned true cost
of services and revenues received with all activities
and programs offered. Cost recovery was analyzed for
adherence to policy and California law regarding fees for
public sector services. Recommendations were made
to evolve the existing model to much more adequately
provide direction to staff and establish meaningful cost
recovery targets for the future. This methodology is
intended to build upon existing policy to better serve the
public, clarifying policy intent, and providing direction for
fulfilling policy requirements. It provides a philosophical
underpinning for determining assignments of cost
recovery targets to all of the programs and services
offered, assuring alignment with community values, and a
fair and equitable fee structure.
H bac. Adeuc yccoo pA 7
25B-43
ENCINITAS, CALIFORNIA
FINANCIAL SUSTAINABILITY PROJECT
Reference:
Lisa Rudloff, Former Director of Parks and Recreation
20 Civic Center Plaza,
Santa Ana, CA 92701
(714) 647-54001 Irudloff@santa-ana.org
Project: In an effort to continually improve and enhance
services and overall organizational effectiveness, the Parks
and Recreation Department (PRD) utilized an extensive
process to address financial sustainability through the
creation of a Resource Allocation and Cost Recovery
Philosophy, Model, and Policy and a Services Assessment.
This project provided an evaluation of the current system,
along with an assessment of current programming, and
future potential alternative providers, customer service,
revenue generation, and long-term Department fiscal
efficiency and sustainability. This comprehensive effort and
approach to providing services is undertaken to introduce
and implement strong "best practice" business tools to the
Department, including the Pyramid Cost Recovery Model
and the Services Assessment Matrix. The overall goal of this
plan is to initiate and sustain practices and examine policy
and rules affecting the overall desired outcomes of a healthy
and vibrant community.
$ GREENPLAYLc
Tile o.�ai.aft' .,,o. 25B-44
OREGON
COST RECOVERY MODEL AND RESOURCE
Reference:
Katie Dunham, Planner II
150 Beavercreek Rd.
Oregon City, OR 97045
503-742-4352 1 I<dunham@co.clackamas.or.us
Project: GreenPlay developed a Cost Recovery Model and
Resource Allocation Philosophy concurrent to the Parks
and Recreation Master and Strategic Plan. This phase of
the project established a rationale for resource allocation
and cost recovery, and identified and recommended
areas for fee increases or pursuit of alternative funding.
This facilitated phase focused on short and long-term
implementation strategies that efficiently and effectively
utilize the community's investment for critical parks and
recreation needs. This study aligned available and future
resources with services and commitments to include
desired level of service, sustainable fiscal stewardship,
and industry best practices in operating and maintaining
the district's infrastructure and providing services.
H4;4 -k Yr Adrtve yam,, 6 9
25B-45
TUALATIN FALLS PARK AND RECREATION
DISTRICT
FINANCIAL SUSTAINABILITY ANALYSIS
Reference:
Ann Mackiernan, Operations Analysis Manager
15707 SW Walker Rd.
Beaverton, OR 97006
(503) 614-1215 1 amackier@thprd.org
Project: The Cost Recovery Model and Resource
Allocation Philosophy Development established a
rationale for resource allocation and cost recovery,
identifying and recommending areas for cost reductions,
fee increases or pursuit of alternative funding. This
provided short and long-term implementation strategies
that efficiently and effectively utilize the community's
investment for critical parks and recreation needs. This
study aligned available and future resources with services
and commitments to include desired level of service,
sustainable fiscal stewardship, and industry best practices
in operating and maintaining the District's infrastructure
and providing services. The process produced a systematic
implementation plan to ensure that the District continues
to move in the right direction to meet the needs of the
community. The Service Assessment Phase of the project
established each service (location -specific) target market,
and service area, strength or weakness in the market,
alternative providers, alignment with values, vision and
mission, identification of core services, and optional
provision strategies. Both efforts provided best practice
business tools now Integrated in how the organization
carries out its planning and day-to-day business.
10 16REENPLAYrc
9m LeeJ,wd..p>,M,, w, ....ffpp, 25B-46
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RALEIGH PARKS, RECREATION AND CULTURAL
RESOURCES DEPARTMENT
COMPREHENSIVE PARKS USER FEE STUDY
Reference:
Allison Bradsher
Dept. of Finance
PO Box 590
Raleigh, NC 27602
(919) 996-4970 1 allison.bradsher@raleighnc.gov
Project: This study took an all-inclusive approach to
updating current pricing strategies and establishing a
comprehensive fee policy for the Department. Through
this process, the Department considered how it allocates
its financial resources, recovers its costs through the
use of revenues to supplement taxes, and how it can
enhance its revenues. The effort was based on a publicly -
driven, values -based community conversation and,
through a series of public workshops, citizens took part in
discussions and an activity about the benefits of services
provided by the Department and how those benefits
accrue to the individual or group who participates and to
the taxpaying community as a whole. This conversation
allowed staff to tap into the values of the community
when establishing criteria regarding how services are
priced. The process was intended to guide staff to
determine how programs and services can be priced and
managed to operate cost effectively while ensuring that
fees are realistic and affordable, allow for operational
efficiency, and are easy to explain to the general public.
H4� 9' c' ac tvt V'6 &" 11
25B-47
12 GREENf'LAYLc
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25B-48
Md 01. Sp. 6n."
PROJECT UNDERSTANDING
We understand that the City of Santa Ana is interested
in conducting a Services and Financial Sustainability
Analysis of the Parks, Recreation, and Community
Services Agency (PRCSA). This plan will allow you to
determine core services of the PRCSA that align with
your values, vision, and mission. It will also help you
to develop strategies to rely less on the General Fund,
identify services that should be subsidized based on
their cost recovery, and develop fee structures that are
more aligned with how a service or program benefits
an individual vs. the community as a whole.
use of this straightforward but innovative proprietary
methodology, and we present it at conferences as well.
It is invaluable for making tough resource allocation
decisions and creating pricing and cost recovery
strategies.
6RFFNPaar«
The Pyramid
Methodology
We recognize that the PRCSA provides parks, recre-
ation, and community services to a city of 330,000 lo-
cated in Orange County. We know that the PRCSA em-
ploys 74 full-time employees and over 400 part time
employees. Your Agency consists of four Divisions:
Administrative Services, Santa Ana Zoo, Recreation
Services, and Library Services. The PRCSA provides
a breadth of services to residents of all ages, includ-
ing wellness programs, sports, aquatics, community
programs, and other activities. This assessment will
allow you to enhance your organizational sustainability
with clear and implementable strategies to attain your
financial goals.
Introduction
GreenPlay is a national leader in teaching and
developing innovative approaches to handling the
sometimes contentious financial issues of "how
much taxpayer subsidy is enough?" or "where should
the resources go?" GreenPlay has established and
improved the "Pyramid" methodology for helping
agencies create an overall philosophy and approach
for resource allocation, service pricing, and cost
recovery evaluation. We currently teach and train
agencies and universities in the implementation and
This Service and Financial Sustainability Analysis is
intended to help determine how the PRCSA's programs
and services can be priced and managed to operate
cost effectively while ensuring that fees for programs
and services are realistic, will allow for operational
efficiency, and are easy to explain to the public. We
believe you will find this process and approach has
applicability for all service areas. in fact, for the Raleigh
project, understanding its applicability, members of
the office of budget and finance offices of the City
led the charge with intentions of employing the
methodology city-wide using the Parks, Recreation and
Cultural Resources Department as the starting point.
This project will build on the PRCSA's existing Values,
Vision, and Mission.
As part of GreenPlay's proposed process, we will
evaluate your current and expected cost recovery
philosophies and expectations and will work with your
staff and decision -makers to develop consensus on
your intended goals. We will train your staff to use
various tools and formulas to create programs for
appropriate budgets and service pricing.
He4,aw� ynu .-,d, .evs ri,w pd4 13
25B-49
Having a Cost Recovery Model and Resource Allocation
Philosophy in place can help agencies answer
challenging questions such as:
• Are your programs priced fairly and equitably?
• How will you continue to fund your agency's
facilities and services in relationship to future
budget constraints?
• Are you using your funding in a responsible
manner?
• Do you have a methodology for subsidy
distribution? If so, is the process transparent?
• Does the way that you charge for services
(facilities, programs, etc.) support your
agency's values, vision, and mission?
Establishing a well -crafted philosophy for cost recovery
and subsidy allocation is the foundation for developing
strong, sustainable financial management strategies.
A solid philosophy will allow staff to recognize where
subsidy is being applied, to determine if it is at an
appropriate level, and to justify the PRSCA's pricing
structure, including costs for new services. Your staff
will be an integral part of the decision-making process
for setting expectations. They will learn how to apply
agency tools and budget expectations to set equitable
pricing based on vision, values, and mission.
Because the tool is guided by and created through
the public involvement process, we establish buy -in,
educate, and generate interest by being transparent
and credible. Often the participating citizens,
stakeholders, and partners become the agency's
greatest advocates and champions for future issues,
many times establishing the grassroots support for
taxation issues or fee increases. This collaborative
process results in consensus for a foundational
philosophy which underpins discussion and decision-
making. In short, this method works!
This process provides a unified approach to identifying
agency resource allocation and cost recovery goals
and provides formulas and structure for pricing
decisions for all levels of the organization. We use our
proprietary Pyramid Methodology to help develop a
philosophythat details the level of subsidy necessary
for your agency's services (facilities, programs, etc.).
Please note that this work Is intended to train the staff
to continue it independently as a legacy project, and
will specifically empower your staff to learn and utilize
the "Pyramid Methodology" and provide results in
accordance with the proposed schedule, stakeholder
meetings, and review of draft documents.
• Because our consultants are professionals
in the parks and recreation field, GreenPlay
believes that you shouldn't have to call a
consultant back in to update your project.
We want to train you on the tools and
methodologies so you can keep them current.
In addition, the tools are flexible, which will
allow you to keep the basic methodology, yet
respond to your current budgetary conditions/
constraints.
Also, because we utilize a core project team
to do this work, your own employees become
internal "trainers." In addition, the final plan/
report becomes the training document for new
staff.
Scope of Work
I. STRATEGIC KICK-OFF (SKO) AND
DETERMINATION OF CRITICAL SUCCESS FACTORS
Upon selection and award, our GreenPlay team will
provide a Detailed Work Plan to the Project Team
within 10 days for discussion at a Strategic Kick -Off
Meeting as well as a material request list in order for
the staff to provide us necessary information. We will
review the details of the work plan and will formalize
the timeline and details of the project planning
process, allowing GreenPlay to become more familiar
with your agency, its structure, and current practices
and policies related to cost recovery and resource
allocation. The agenda will include:
• Refining the project scope including
clarification of: desired project outcomes,
uses, and goals; workshop formats; and
logistics for each step.
• Confirming lines of communication, points
of contact, level of involvement by City
leaders and staff, and other related project
management details.
• Description of the Acceleration Review®
process designed to propel the PRCSA forward.
14 GREENPLAY«
And $0 00d$0daA,",,o, 25B-50
• Determination of staff, stakeholder and future
collaborator participation, along with defining
desired role of advisory boards.
• Understanding of the detail behind current
budgeting and cost recovery methods and data
resources, in orderto ensure the study will be
both accurate and appropriate to the PRCSA's
needs.
• Understanding of current pricing and resource
allocation tools and how they are used.
• Answering any questions pertaining to the
successful development of the study.
Having worked as professionals on "your side of
the table," we understand how important it is for
consultants to be accessible without interfering with
your daily responsibilities. We will work closely with
your team during Kick-off to identify key "Critical
Success Factors" that will help ensure that this project
is successful and achieves your desired level of
involvement and outcomes.
Deliverables — Strategic Kick -Off
• Refined project Work Plan
• Assignment of senior staff responsibility and
staff participation.
• Schedule of Cost Recovery and Resource
Allocation workshop timeline and
identification of all participants.
This process will begin with an Acceleration Review'
involving the City's project team and other key
employees who can help represent the concerns
and opportunities available at various levels of
implementation throughout the PRCSA. This is
a facilitated discussion specifically designed to
quickly determine how well the current policy and
implementation tools are allowing you to meet your
goals. It will specifically identify what is working and
what is not working including concerns that need to be
addressed. This will also identify any specific concerns
regarding alignment with and support for the PRCSA's
vision, mission, values, and financial forecasts and
goals.
GreenPlay will work with the City to evaluate existing
PRCSA data, with a particular eye toward consistency
in definition of direct costs and application of indirect
cost methodology. This is critical to an accurate
assessment of cost recovery measurement.
We will look at current facilities, properties, and
programs and assist the PRCSA in evaluation of current
cost recovery levels, appropriateness of cost recovery
targets, and effectiveness of fee setting strategies,
making recommendations for changes where
warranted. We understand the focus on reducing
barriers and providing equity and access for identified
underserved populations.
Our funding analysis will first consider existing funding
conditions and strategies. This will include financial
trends affecting the PRCSA's resources, current cost
recovery levels and targets, and the growing demand
for facilities and services. Our philosophy includes the
most appropriate use of taxpayer dollars to provide
for services with the highest community benefit and
leveraging those dollars to supplement with fees and
charges to align with individual benefit received.
Broadening the policy to include a more complete
picture of all of the facilities and services provided by
the PRCSA will allow a more accurate analysis. We will
also look at the issues such as the disconnect between
deferred maintenance, and the cost accounting and
allocation of capital repair and replacement that is not
actually funded.
The fiscal health of the PRCSA is a top priority in order
to sustain important service levels for underserved
populations as well as to maximize revenues from
other populations to help offset shared costs.
Responsible identification and funding of necessary
costs is paramount.
To accomplish these efforts, GreenPlay will meet with
staff and conduct interviews as needed to gain a more
in-depth understanding of the PRCSA's processes
and operations; refine categories for programs and
services based on sound philosophical underpinnings,
programmatic objectives, and financial rationale; and
ensure consistent cost methodology for all programs
and services.
H4; +YM- "'"t Yr "X,V4 15
25B-51
Along with performing cost recovery and resource
allocation studies, GreenPlay is well versed in
master planning elements as this is another of our
core services. Needs assessment, core services
identification, level of service analysis, trends,
benchmarking, demographics, and financial and
funding analysis are all second nature to us. In
addition, each of our consultants has held top
leadership roles in public park and recreation agencies
with a full understanding of the challenges faced.
GreenPlay's approach to the project is described below
through a workshop series. This approach is tested and
proven to allow us to manage, control, and supervise
the project in order to ensure satisfactory results.
Deliverables — Cost Recovery Model, Resource
Allocation Philosophy, and Policy Update
• Workshop 1a — Introduction and education
(if desired) regarding the best practices in
cost recovery methodology (all staff, with
invitations to advisory and policy board
members as desired by the agency); review of
agency Categories of Service and discussion
toward refinement, determination of cost
center needs; review of definitions of direct
and indirect cost; identification of related
policy issues for critical analysis, such as
scholarship, sponsorship, partnership,
resident/non-resident, etc.; and discussion of
• Workshop 3 — A full day workshop focused
on determination of appropriate funding and
pricing strategies (cost recovery goal, market
rate, competitive with comparative analysis),
and development of implementation steps.
Public Engagement in General
GreenPlay staff members function as professional,
unbiased facilitators to gather specific information.
Participant feedback has indicated that our techniques
and formats are well received and provide the
opportunity to better understand the planning process
and make a meaningful contribution, resulting in
the feeling that attending an input session was a
good use of someone's valuable time. During the
development of this study, we will conduct at least
one (1) community engagement session to inform the
community about the plan and its goals and obtain
public input.
Steering Committee Meetings
We will conduct at least five (5) meetings with the
Steering Committee throughout the duration of the
project. One will be an initial project introduction
presentation (if desired) during our first on-site trip.
The Steering Committee will also be included in the
schedule for presentation of findings and of the final
plan. We will work with the project team to design the
best approach to accommodate these needs.
citizen engagement. Value Added Services
• Workshop 1b — Steering Committee and key If needed, GreenPlay will help revise budgeting
staff for Acceleration Review' Facilitated templates.
Discussion.
• Workshop 2a — A series of staff workshops
to address conditions pertinent to specific
programs and facility types. This will
be followed by public and stakeholder
engagement including community
representatives, to address alignment with
community and individual benefit and
community values, vision, and mission.
• Workshop 2b — Refinement of consensus,
based on staff and citizen input, of categories
hierarchy, cost allocations, and measurement
of cost recovery, as well as refinement of all
policy issues (reduced fee/scholarship, non-
resident use, partnership, sponsorship, gifts
and donations, use of volunteers, refunds, etc).
K41111110 *001A•. • •
The Outcome
• GreenPlay will prepare meeting agendas,
handouts for the PRCSA to print, and brief
meeting summaries identifying themes and
major outcomes of each meeting or workshop.
• GreenPlay will prepare and deliver tools,
methodology, and recommendations for staff
to use in developing your annual budget.
• GreenPlay will report on other matters that
come to our attention in the course of the
16 GREEWPLAYLc
s.mwflA01..cw�.�reenon, 25B-52
evaluation that, in our professional opinion,
the PRCSA should consider. This would include
any service or program where the PRCSA
currently charges for services as well as areas
where the PRCSA may charge, but currently
does not, based on the PRCSA's practices or
the practices of comparable cities.
Identification of potential additional sources
of revenue or cost savings, including greening
and environmental sustainability measures,
partnerships, and others as identified
throughout the development of the report.
• Cost of Service Report:
A. Working with PP&R, a draft report
will be prepared and delivered
which includes recommendations for
updating the Cost Recovery Policy.
B. GreenPlay will prepare and deliver
a second brief report that includes
recommendations for improving
the PRCSA's five-year financial Plan,
including revenue generation options
that help to fill future funding gaps
while also maintaining access to
programming for underserved
populations.
• GreenPlay will prepare and deliver
presentations to the City Council to facilitate
their understanding of the plan and its
implications for the PRCSA and make necessary
adjustments as requested. We will then revise
your final policy document for acceptance or
adoption. This is intended to be open to the
public and would include key stakeholders.
Deliverables of the Final Report and Presentations
• Updated Services and Financial Sustainability
Assessment.
• Revisions to create final document
One trip to present the final document
An electronic copy of the final version of the
cost of services policy and accompanying
report, including related schedules and
documentation in a format that can be edited
and updated by Agency staff to accommodate
changes in the organization or changes in
costs, as well as Excel templates for Agency
use establishing fees in accordance with
approved policy. (The electronic format will be
in Microsoft Word, for the narrative portions,
and in Excel for the schedules and cost
documentation.)
• One unbound copy and a single PDF file of
the plan that can be made available to Agency
staff.
H you ""Z y'"- �" 17
25B-53
We understand that the City would like preliminary findings to be presented within six months, and we can meet
this schedule. GreenPlay will be responsible for and has experience with control methodology that will be used
to ensure the schedule will be met. All workshops are preplanned with materials prepared in advance, and a
quick turnaround on necessary materials. All workshop dates will be confirmed at the start of the project, and
the project team will be oriented to the entire workshop series, through the approval process. We understand
the City's target date for completion is from the date the contract is signed, and if necessary portions of the
strategic kick-off agenda could be covered through a phone conference to assure a quick start.
We have the proposed staff available, and will allocate appropriate resources to meet the deadlines. We request
that the project team be responsive with turnaround on review and approval of work products, and we will work
jointlyto lay out a mutually agreed upon, detailed date -specific timeline upon award of the project in order to
meet this timeframe. Ourteam recognizes the need to be both flexible and efficient as part of a community
planning process. We will conduct and attend the necessary number of meetings in order to complete this
project in a way that works specifically for your agency. We have never missed a project end date due to
internal GreenPlay workloads.
18 GREENPLAY«
25B-54
TASKS
GreenPlay
A.
Strategic Kick -Off and Determination of Critical Success Factors
$3,675
B.
Workshops 1
$17,325
C.
Workshops 11 including Public Engagement
$17,325
D.
Workshops III
$17,325
E.
Totals•
Development and Approval of Final Pian
$14,349
es•
This project is billed as Firm -Fixed Fee, meaning that all travel, reimbursables, and deliverables are built into the per task
cost.
Fee Basis
GreenPlay does not bill on an hourly basis. We have established an inclusive fee schedule that covers the
salaries of our professional project staff and of support staff who enable them to function effectively and
efficiently. We considerthe prevailing rates in our industry and the level of specialized expertise that we provide.
For projects which require more than 100 hours of work, GreenPlay proposes using a Firm -Fixed Price model for
compensation. This means that the contract is based on a projected number of hours, but the compensation is
actually based on the completion of pre -determined contracted tasks identified in the Scope of Work and within
a pre -specified timeline.
This typically works well for the client, ensuring that all work is accomplished regardless of the time required to
complete each task. In the event that the contracted Scope of Work is changed by the client during the project,
GreenPlay can adjust total contract fees accordingly based on our regular hourly rates. This project is proposed
as a Firm -Fixed Fee project; therefore, individual hourly rates and projected number of hours are not applicable.
Our rates include:
➢ All deliverables as outlined in the Scope of Work.
➢ Professional staff, sub -consultant, and administrative salaries.
➢ All office overhead, equipment, utilities, and consulting 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 costs are built into the firm -fixed fee.
Rates do not include:
➢ Materials and services outside of the pre -specified Scope of Work (may include extra meetings,
requested copies and printing of work products).
➢ Detailed schematic and construction documents.
25B-55
Additional Services: If Requested
GreenPlay's rate for additional services is based on an average of $150 per hour if not proposed as "firm -fixed
fee;' for each consultant, depending on the task. As this project is based on a firm -fixed fee, our consultants will
dedicate the necessary time to complete the project. Our sub -consultant team members set their hourly rates
according to their individual firm fee schedules. While the hourly rates may sound high, 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/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.
Project Delay Fee
GreenPlay will work with your project team to jointly lay out an achievable schedule during contracting and
detailed during the SKO. There is a cost to GreenPlay if the project is delayed beyond the accepted contracted
schedule end date, so we will work diligently with you to achieve it. We expect prompt responses and to keep
milestones for approval points. If the project is delayed due to City requests or non -response, we may request
additional fees to do so. Typically, this fee is around 10% of remaining budget for each month of client caused
delays. We are happy to help keep this project on schedule, and value open and transparent conversations about
how to best do so throughout the project.
20 &EENPLAY c
a".4n'oC.' mafla a„o, 25B-56
CONSULTANT AGREEMENT
CITY OF SANTA ANA
THIS AGREEMENT is made and entered into on this 19th day of March, 2019 by and
between GreenPlay, LLC, ("Consultant'), a Colorado Limited Liability Company and the City of
Santa Ana, a charter city and municipal corporation organized and existing under the Constitution
and laws of the State of California ("City").
RECITALS
A. The City desires to retain a consultant having special skill and knowledge in the field of
proving consulting and assessment services for parks and recreation agencies. To that end,
on December 10, 2018, the City issued RFP 18-103 for a service and financial
sustainability analysis.
B. Consultant submitted a proposal in response to RFP 18-103 and represents that Consultant
is able and willing to provide such services to the City. All proposals submitted in respoltse
to the City's RFP were evaluated by a committee and Consultant's proposal was selected
by the committee to be awarded the contract, Consultant's proposal dated January 22,
2019, is incorporated by reference as though completely set forth herein.
C. In undertaking the performance of this Agreement, Consultant represents that it is
knowledgeable in its field and that any services performed by Consultant under this
Agreement will be performed in compliance with such standards as may reasonably be
expected from a professional consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject
to the terns and conditions hereinafter set forth, the parties agree as follows:
I. SCOPE OF SERVICES
Consultant shall perform during the teen of this Agreement, an assessment of all of the
Parks, Recreation and Community Services Agency's current programs, obtain input from all
stakeholders, and provide a final service and financial sustainability report as set forth in more
detail in the Scope of Services - Exhibit A, attached hereto and incorporated by reference.
2. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services for
City, a fixed fee of $69,999 based upon the fee proposal set forth in Consultant's
response to the City's RFP and attached to Exhibit R entitled Compensation. The
total amount of this Agreement shall not exceed $76,998 during the term of this
Agreement which accounts for $69,999 plus $6,999 (10% of the Agreement) as a
contingency to be used by the City at its sole discretion should additional unanticipated
expenses arise that we not originally contemplated.
Page l of 8
b. Payment by City shall be made within forty-five (45) days following receipt of proper
invoice evidencing work performed, subject to City accounting procedures. Payment
need not be made for work that fails to meet the standards of performance set forth in
the Recitals that may reasonably be expected by City.
3. TERM
This Agreement shall commence on the date first written above and terminate on March
18, 2020, unless terminated earlier in accordance with Section 16, below. The term of this
Agreement may be extended by way of a writing signed by the City Manager and City Attorney.
4. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an
independent contractor and not an employee of the City. This Agreement is not intended nor shall
it be construed to create an employer-employee relationship, a joint venture relationship, or to
allow the City to exercise discretion or control over the professional manner in which Consultant
performs the services which are the subject matter of this Agreement; however, the services to be
provided by Consultant shall be provided in a mariner consistent with all applicable standards and
regulations governing such services. Consultant shall pay all salaries and wages, employer's social
security taxes, unemployment insurance and similar taxes relating to employees and shall be
responsible for all applicable withholding taxes.
5. OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and perpetual license for City to copy, use,
modify, reuse, or sublicense any and all copyrights, designs, and other intellectual, property
embodied in plans, specifications, studies, drawings, estimates, and other documents or works of
authorship fixed in any tangible medium of expression, including but not limited to, physical
drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or
caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant
shall require all subcontractors to agree in writing that City is granted a non-exclusive and
perpetual license for any Documents & Data the subcontractor prepares under this Agreement.
Consultant represents and warrants that Consultant has the legal right to license any and all
Documents & Data. Consultant makes no such representation and warranty in regard to
Documents & Data which were provided to Consultant by the City. City shall not be limited in
any way in its use of the Documents and Data at any time, provided that any such use not within
the purposes intended by this Agreement shall beat City's sole risk,
6. INSURANCE
Prior to undertaking performance of work under this Agreement, Consultant shall maintain
and shall require its subcontractors, if any, to obtain and maintain insurance as described below:
a. Commercial General Liability Insurance. Consultant shall maintain commercial
general liability insurance naming the City, its officers, employees, agents,
volunteers and representatives as additional insured(s) and shall include, but not be
Page 2 of S
25B-58
limited to protection against claims arising from bodily and personal injury,
including death resulting therefrom and damage to property, resulting from any act
or occurrence arising out of Consultant's operations in the performance of this
Agreement, including, without limitation, acts involving vehicles. The amounts of
insurance shall be not less than the following: single limit coverage applying to
bodily and personal injury, including death resulting therefrom, and property
damage, in the total amount of $1,000,000 ,per occurrence, with $2,000,000 in the
aggregate. Such insurance shall (a) name the City, its officers, employees, agents,
and representatives as additional insured(s); (b) be primary and not contributory
with respect to insurance or self-insurance programs maintained by the City; and
(c) contain standard separation of insureds provisions.
b. Business automobile liability insurance, or equivalent form, with acombined single
limit of not less than $1,000,000 per occurrence. Such insurance shall include
coverage for owned, hired and non -owned automobiles.
C. Worker's Compensation Insurance. In accordance with the provisions of Section
3700 of the Labor Code, Consultant, if Consultant has any employees, is required
to be insured against liability for worker's compensation or to undertake self.
insurance. Prior to commencing the performance of the work tinder this
Agreement, Consultant agrees to obtain and maintain any employer's liability
insurance with limits not less than $1,000,000 per accident.
d. If Consultant is or employs a licensed professional such as an architect or engineer:
Professional liability (errors and omissions) insurance, with a combined single limit
of not less than $1,000,000 per claim with $2,000,000 in the aggregate.
C. The following requirements apply to the insurance to be provided by Consultant
pursuant to this section:
i. Consultant shall maintain all insurance required above in full force and
effect for the entire period covered by this Agreement.
ii. Certificates of insurance shall be furnished to the City upon execution of
this Agreement and shall be approved by the City.
iii. Certificates and policies shall state that the policies shall not be canceled or
reduced in coverage or changed in any other material aspect without thirty
(30) days prior written notice to the City.
iv. Where the amounts or coverage provided by the certificates of insurance
provides coverage greater than those listed by this Agreement, the amounts
provided by the certificates of insurance shall be incorporated by reference
into the Agreement.
V. Consultant shall supply City with a fully executed additional insured
endorsement.
f If Consultant fails or refuses to produce or maintain the insurance required by this
section or fails or refuses to furnish the City with required proof that insurance has
been procured and is in force and paid for, the City shall have the right, at the City's
election, to forthwith terminate this Agreement. Such termination shall not affect
Consultant's right to be paid for its time and materials expended prior to notification
of termination. Consultant waives the right to receive compensation and agrees to
Page 3 of S
25B-59
indemnify the City for any work performed prior to approval of insurance by the
City.
7. INDEMNIFICATION
Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers,
agents, employees, contractors, special counsel, and representatives from liability: (1) for personal
injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for
personal injury, including death, and claims for property damage, which may arise from the
negligent operations of the Consultant, its subcontractors, agents, employees, or other persons
acting ori its behalf which relates to the services described in section 1 of this Agreement, and (2)
from any claim that personal injury, damages, just compensation, restitution, judicial or equitable
relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and
hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial
or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in
this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant
further agrees to indemnify, !told harmless, and pay all costs for the defense of the City, including
fees and costs for special counsel to be selected by the City, regarding any action by a third party
challenging the validity of this Agreement, or asserting that personal injury, damages, just
compensation, restitution, judicial or equitable relief due to personal or property rights arises by
reason of the terms of, or effects arising from this Agreement City may make all reasonable
decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing,
to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity
shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of,
pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.
8. INTELLECTUAL PROPERTY INDEMNIFICATION
Consultant shall defend and indemnify the City, its officers, agents, representatives, and
employees against any and all liability, including costs, for infringement of any United States'
letters patent, trademark, or copyright infringement, including costs, contained in the work product
or documents provided by Consultant to the City pursuant to this Agreement.
9. RECORDS
Consultant shall keep records and invoices in connection with the work to be performed
under this Agreement. Consultant shall maintain complete and accurate records with respect to
the costs incurred under this Agreement and any services, expenditures, and disbursements
charged to the City for a minimum period of three (3) years, or for any longer period required by
law, from the date of final payment to Consultant under this Agreement. All such records and
invoices shall be clearly identifiable. Consultant shall allow a representative of the City to
examine, audit, and make transcripts or copies of such records and any other documents created
pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all
work, data, documents, proceedings, and activities related to this Agreement for a period of three
(3) years from the date of final payment to Consultant under this Agreement.
Page A of S
25B-60
10. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such
information is reasonably understood to be confidential and/or proprietary, Consultant agrees that
it shall not use or disclose such information except in the performance of this Agreement, and
farther agrees to exercise the same degree of care it uses to protect its own infornation of like
importance, but in no event less than reasonable care. "Confidential Information" shall include all
nonpublic information. Confidential information includes not only written information, but also
information transferred orally, visually, electronically, or by other means. Confidential
information disclosed to either party by any subsidiary and/or agent of the other party is covered
by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any
information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the
Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant
without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e)
is independently developed by the Consultant without reference to information disclosed by the
City.
11. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interests and shall not have interests, direct
or indirect, which would conflict in any manner with performance of services specified under this
Agreement.
12. NON-DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital status,
sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by
applicable law, in the recruitment, selection, training, utilization, promotion, termination or other
employment related activities. Consultant affirms that it is an equal opportunity employer and shall
comply with all applicable federal, state and local laws and regulations.
13. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Consultant, and supersedes any and all other agreements, oral or written, between the parties. In
the event of a conflict between the terms of this Agreement and any attachments hereto, the terms
of this Agreement shall prevail. This Agreement may not be modified except by written instrument
signed by the City and by an authorized representative of Consultant, The parties agree that any
terms or conditions of any purchase order or other instrument that are inconsistent with, or in
addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each
party to this Agreement acknowledges that no representations, inducements, promises or
agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any
party, which is not embodied herein.
Page S of 8
25B-61
1.4. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant,
Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior
written consent of the City and any such assignment, transfer, delegation or subcontract without
the City's prior written consent shall be considered null and void. Nothing in this Agreement shall
be construed to limit the City's ability to have any of the services that are the subject to this
Agreement performed by City personnel or by other consultants retained by City.
15. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of
termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant
compensation for all services performed by Consultant prior to receipt of such notice of
termination, subject to the following conditions:
a. As a condition of such payment, the Executive Director of the Parks, Recreation
and Community Services Agency may require Consultant to deliver to the City all
work product(s) completed as of such date, and in such case such work product
shall be the property of the City unless prohibited by law, and Consultant consents
to the City's use thereof for such purposes as the City deems appropriate.
b. Payment need not be made for work that fails to meet the standard of performance
specified in the Recitals of this Agreement.
16, WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or
granted by the provisions of this Agreement shall be effective unless it is in writing and signed by
the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or
remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not
similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.
17. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the validity,
interpretation, performance, and enforcement of any of the clauses of this Agreement shall be
determined and governed by the laws of the State of California. Both parties further agree that
Orange County, California, shall be the venue for any action or proceeding that may be brought or
arise out of, in connection with or by reason of this Agreement.
18. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses,
permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder
Page 6 of 8
25B-62
and required by the laws and regulations of the United States, the State of California, the City of
Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and
in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and
exemptions. Said inability shall be cause for termination of this Agreement.
19. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement
shall be in writing and shall be deemed to be properly given if delivered in person or mailed by
first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in
the manner provided in this Section, to the following persons:
To City:
Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax: 714.647-6956
With courtesy copies to:
Executive Director, Parks, Recreation and
Community Services Agency
City of Santa Ana
20 Civic Center Plaza (M-23)
P.O. Box 1988
Santa Ana, California 92702
Fax: (714) 571-4211
To Consultant:
Teresa Penbrooke
CEO
GreenPlay, LLC
1021 East South Boulder Road, Suite N
Louisville, Colorado 80027
Fax: (303) 439-8369
City Attorney
City of Santa Ana
20 Civic Center Plaza, (M-29)
P.O. Box 1988
Santa Ana, California 92702
Fax: (714) 647-6515
A party may change its address by giving notice in writing to the other party. Thereafter,
any communication shall be addressed and transmitted to the new address. If sent by mail,
communication shall be effective or deemed to have been given three (3) days after it has been
deposited in the United States mail, duly registered or certified, with postage prepaid, and.
addressed as set forth above. If sent by fax, communication shall be effective or deemed to have
Page 7of8
25B-63
been given twenty-four (24) hours after the time set forth on the transmission report issued by the
transmitting facsimile machine, addressed as set forth above. For purposes of calculating these
time frames, weekends, federal, state, County or City holidays shall be excluded.
20. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the
power, authority and right to bind their respective parties to each of the tenns of
this Agreement, and shall indemnify City fully, including reasonable costs and
attorney's fees, for any injuries or damages to City in the event that such authority
or power is not, in fact, held by the signatory or is withdrawn.
b. All Exhibits referenced herein and attached hereto shall be incorporated as if filly
set forth in the body of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first
above written.
ATTEST:
NORMA MITRE
Acting Cleric of the Council
APPROVED AS TO FORM:
SONIA R. CARVALIIO
City Attorney
By
Laura A. Rossini
Senior Assistant City Attorney
RECOMMENDED FOR APPROVAL:
LISA RUDLOFF
Executive Director
Parks, Recreation and Community Services Agency
CITY OF SANTA ANA
STEVEN MENDOZ,A
Acting City Manager
CONSULTANT:
Teresa Penbrooke
CEO
Tax IDtk
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EXHIBIT A
SCOPE OF SERVICES
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Appendix
ATTACHMENT
SCOPE OF WORK
CITY OF SANTA ANA
REQUEST FOR PROPOSALS
FOR
SERVICE AND FINANCIAL SUSTAINABILITY ANALYSIS
RFP NO.: 18-103
BACKGROUND AND INTRODUCTION:
The Parks, Recreation and Community Services Agency's (PRCSA) General Fund budget in FY 2018-2019 is
$21,173,178. The Agency has 74 full-time employees and 400 part-time employees. The Agency is composed
of four Divisions: Administrative Services, which handles Park Planning and Maintenance and Budget and
Accounting, Santa Ana Zoo, Recreation Services, and Library Services. Each Division is headed by a manager
who reports to the Executive Director.
With the scarcity of resources, the PRCSA needs to review existing processes and services to determine the
future of the agency and how best to proceed. The City of Santa Ana is a high-density community that relies
heavily on city services and facilities. The parks system is heavily used which reduces the useful life of
facilities and increases the costs of maintenance. The recreation programs are in high demand which require
staffing to adequately manage the programs. Various services have a fee associated that cover the cost of the
service, but in most cases the services are subsidized or free. The agency in general requires a process by which.
it can sustain itself for the long-term.
The PROPOSER will implement a process that will result in organizational sustainability through a logical
resource allocation model and pricing strategies and methods. The objectives of the study are to become
familiar with the current values, vision, mission and goals of PRCSA and the communities served including
current programs and, facilities, their revenue sources and marketing strategies. The consulting firm will conduct
an extensive public involvement process to vet or refine community values and issues leading to PRCSA's
vision. When all the data has been gathered it must be analyzed and presented in a clear and concise final report
including a comprehensive plan of implementation and action steps to achieve the financial goals.
CONSULTANT'S OBLIGATIONS
Requirements
11. PROPOSER shall become familiar with the current values, vision, mission and goals of PRCSA.
1.2. PROPOSER shall become familiar with the current programs and facilities offered by PRCSA,
their revenue sources and marketing strategies and assess the public demand for services.
1.3. PROPOSER shall provide ample opportunities for community engagement.
1.4, PROPOSER shall guide and/or recommend a public involvement process to vct or refine
community values and issues leading to PRCSA'S vision including:
1.4.1. All planning areas and their respective governance
1.4.2. Overlapping jurisdictions
City of Santa Ana RFP 18-103
25I.J-V
1.4.3. PRCSA personnel
1.4.4. CITY staff and departments outside PRCSA
1.5. PROPOSER shall assess expectations and objectives from other CITY agencies and authorities.
1.6. PROPOSER shall evaluate current fee structure, use agreements and finding sources.
1.7. PROPOSER shall evaluate revenue enhancement opportunity in facilities and programs
including the community center, parks, trails, operation permits, and recreation programs.
1.8. PROPOSER shall evaluate the role of future developments in cost recovery strategies.
1.9. PROPOSER shall evaluate other factors such as local economy, demographics, safety, national
and local trends and studies.
1.10. PROPOSER shall use other data collection methods to supplement this project task.
2. Report Development and Data Gathering Requirements
2.1. PROPOSER shall analyze the data listed above once it Inas been gathered.
2.2. PROPOSER shall identify patterns, trends and other statistically significant concepts.
2.3. PROPOSER shall note individual and systemic problems and strengths.
2.4. PROPOSER shall assess the role of energy conservation and sustainability or "greening" of
PRCSA as a cost recovery strategy.
2.5. PROPOSER shall identify potential internal and external partnerships that would enhance the
cost recovery mode.
2.6. PROPOSER shall review all programs and services currently offered and the amount of subsidy
for each.
2.7. PROPOSER shall assess current user groups and identify potential user groups as revenue
sources.
2.8. PROPOSER shall incorporate information on public and private sector competitors.
2.9. Preliminary findings shall be presented within six (6) months of agreement award.
3. Report Requirements
3.1. PROPOSER shall prepare a clear and concise final report, able to be electronically integrated,
detailing approaches to:
3.1.1. Clarify core programs and services.
3.1.2. Reduce PRCSA's reliance on the General Fund through increased cost recovery.
3.1.3. Identify programs and services that should be subsidized based on their cost recovery.
of Santa Ana RFP 18-103 — _T
MZ67
3.1.4. Market analysis and comparison of selected key services' fee structure, amenities and/or
qualitative experience.
3.1.5. Identify revenue enhancement opportunities including marketing strategies.
3.1.6. Identify a logical pricing model and methodology based on findings.
3.1.7. Identify the role of energy conservation and sustainability or "greening" of PRCSA as a
cost recovery strategy.
3.1.8. Develop ongoing evaluation methods to enable PRCSA to remain current, competitive
and viable.
3.1.9. Develop strategy for new and innovative revenue sources.
3.2. PROPOSER shall include recommendations to achieve financial goals within our current
infrastructure including:
3.2.1. Comprehensive implementation plan and action steps.
3.2.2, Ongoing evaluation methods to enable PRCSA to remain cut -rent, competitive and viable.
3.3. The final draft of the report will be completed with twelve (12) months of agreement.
4. Presentation Requirements
4.1. PROPOSER will be responsible for leading the following meetings;
4.1.1. Project Kick Off
4.1.2, Project Milestones
4.1.3, Preliminary Draft Submission Presentation
4.1.4. Final Report Presentation
5. Additional Comments
5.1.. Please include statement of additional set -vices or recommended tasks to the CITY to complete
the Statement of Work if needed.
-- City of Santa Ana RFP 18-103
26HT 8
EXHIBIT B
COMPENSATION
Fee Proposal
25B-69
This project is billed os Firm -Fixed Fee, meaning that all travel, reimbursables, and deliverables are built into the per task
cost.
Fee Basis
GreenPlay does not bill on an hourly basis. We have established an inclusive fee schedule that covers the
salaries of our professional project staff and of support staff who enable them to function effectively and
efficiently. We consider the prevailing rates in our industry and the level of specialized expertise that we provide.
For projects which require more than 100 hours of work, GreenPlay proposes using a Firm -Fixed Price model for
compensation. This means that the contract is based on a projected number of hours, but the compensation Is
actually based on the completion of pre -determined contracted tasks identified in the Scope of Work and within
a pre -specified timeline.
This typically works well for the client, ensuring that all work is accomplished regardless of the time required to
complete each task. In the event that the contracted Scope of Work is changed by the client during the project,
GreenPlay can adjust total contract fees accordingly based on our regular hourly rates. This project is proposed
as a Firm -Fixed Fee project; therefore, individual hourly rates and projected number of hours are not applicable.
Our rates include:
r All deliverables as outlined in the Scope of Work.
y Professional staff, sub -consultant, and administrative salaries.
"r All office overhead, equipment, utilities, and consulting insurances.
Taxes, employee benefits, and Worker's Compensation.
i Administrative support staff and supplies, and local travel.
r Work Products and meetings as outlined in the Scope of Work.
Y All travel costs are built into the firm -fixed fee.
Rates do not Include:
} Materials and services outside of the pre -specified Scope of Work (may include extra meetings,
requested copies and printing of work products).
Y Detailed schematic and construction documents.
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Additional Services: If Requested
GreenPlay's rate for additional services is based on an average of $150 per hour if not proposed as "firm -fixed
fee," for each consultant, depending on the task. As this project is based on a firm -fixed fee, our consultants will
dedicate the necessary time to complete the project. Our sub -consultant team members set their hourly rates
according to their individual firm fee schedules. While the hourly rates may sound high, 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/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.
Project Delay Fee
GreenPlay will work with your project team to jointly lay out an achievable schedule during contracting and
detailed during the SKO. There is a cost to GreenPlay if the project is delayed beyond the accepted contracted
schedule end date, so we will work diligently with you to achieve it. We expect prompt responses and to keep
milestones for approval points. If the project is delayed due to City requests or non -response, we may request
additional fees to do so. Typically, this fee is around 10% of remaining budget for each month of client caused
delays. We are happy to help keep this project on schedule, and value open and transparent conversations about
how to best do so throughout the project.
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