MAKE AND TAKE CONTRACTING AND

OUTSOURCINGFOR MAINTENANCE SERVICES AND MORE

Craig D. Bronzan

Director of Parks and Recreation, City of Brentwood

Email: cbronzan@brentwoodca.gov

You know the drill..1. Please sign in with your Agency Name and

the number of people attending the webinar from your agency today.

2. Type the names of those wanting CEUs for this webinar with CEU after their name. (Jodi Rudick, CEU)

3. Have you downloaded and printed a copy of your handouts?

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YES, YOU TOO CAN CONTRACT FOR ACTIVITIES SUCH AS

PLAYGROUND APPARATUS INSPECTORS!

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REGARDING YOUR PRE-WEBINAR ASSIGNMENT

In your FEEDBACK Box, please choose the best response regarding the pre-webinar assignment…A. All of the people in our group completed the

pre-webinar assignment.B. Most people in our group completed the pre-

webinar assignment.C. Some of the people in our group completed OR

REVIEWED the assignment.D. Sorry, none of the people in our group

completed or reviewed the pre-webinar assignment.

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LET’S REVIEW - PRE-WEBINAR ASSIGNMENT1. Find a copy of any contract your agency has, (e.g. landscape

maintenance, painting, concession), and look it over to see how it is organized, then create a list of all of the things you could contract out for (whether you would like to or not!).

2. Go to www.wikihow.com/write-a-service-contract and practice writing a contract from your list above.

3. Go to www.rocketlawyer.com/document/general-contract-for-service.rl and practice one more contract from your list.In your chat box – please share your

thoughts regarding these resources…

• Were you familiar with them? • Did you find them helpful?• Have you used them in the

past?• Do you use other resources

when writing contracts?

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LEARNING OUTCOMES:HERE’S WHAT YOU’LL LEARN DURING TODAY’S WEBINAR

Analyze the difference between performance and outcome based standards to be able to develop positive results in a contract.

Compare and contrast maintenance standards so that measurable results can be used in a contract.

Analyze the most common mistakes that cause a maintenance contract to fail and develop ways to avoid the mistakes.

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WHAT IS A

CONTRACT?

WHAT IS

OUTSOURCING?6

IN YOUR CHAT BOX PLEASE LIST…

What Services do you ALREADY Contract or Outsource?

Maintenance?Tree Work?Umpires?Concession Stand?Youth Sport Providers?Caterers?Others?

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PLEASE DISCUSS AND SHARE IN YOUR CHAT BOX

What services are being considered (or might be considered) for future Contracting or Outsourcing – by you, city managers, council etc.?

Maintenance? Tree Work? Umpires? Concession Stand? Youth Sport Providers? Caterers? Others?

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What are some of the “signs” or indicators

that you need to consider outsourcing or contracting services?

PLEASE DISCUSS AND SHARE IN YOUR CHAT BOX…

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So why is it so

hard to consider contracting out for maintenance and other services?

PLEASE DISCUSS AND SHARE…

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TWO PART FEEDBACKFROM YOUR PRE-WEBINAR ASSIGNMENTS:

1. In the feedback box – Choose which

of the following sections of a contract

are HARDEST to write A. Services to be provided B. Term of contract C. Payment and terms D. Something else (type in chat box)

2. In your chat box list reasons why these are hard to write. 11

WHY CONTRACT/OUTSOURCE? OUR NEW REALITY!

Limited funding availability – now/future

Priorities must be based on available funding

Service levels must match funding levels

Systematic method of validating outcomes, not performance!

Because you are told you have to! 12

KEY ELEMENTS THAT HELP MAKE A SERVICE CONTRACT SUCCESSFUL

Professional Services Agreement instead of “Low Bid Contract” – ability to negotiate, make changes, add/subtract from contract

Quality of service is primary – who defines “quality”? Is it understandable/ measurable? Can you defend it? You still represent taxpayers!

Partnering relationship with service provider – both in it together, not just another old contractor

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KEY ELEMENTS THAT HELP MAKE A SERVICE CONTRACT SUCCESSFUL (CONT.)

Technology and work

management systems of

service provide is important

consideration – make them be “state of the

art”

Contract incentive

provides for long-term

relationship with service provider

– harder than you think

Contract provides for

base years with options –

Contractor can depreciate

purchases over time

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CASE HISTORY

In July 1999, with the formation of the Parks and Recreation Department, the City made a deliberate decision not to develop a full landscape maintenance division; but instead, to combine a general maintenance contract with City staff handling the more “public aspects” of maintenance.

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Contracts for:• Landscape/Park Maintenance (1999)• Janitorial (2006)• City-wide Tree Maintenance (2008)• Weed Abatement / Open Space

Management (2008)• Sound Wall Repair (2008)

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Services Kept In-House:

• Landscape Inspections• Ball Field Maintenance• Restroom Cleaning• Litter Control• Facility Set-up• Backflow/Booster Pump Maintenance• Playground Inspections/Repair 17

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TWO PART FEEDBACKFROM YOUR PRE-WEBINAR ASSIGNMENTS:

• 1. In the feedback box –

•If you had to contract out one maintenance service, which would you choose?

• A. Tree work• B. Landscape• C. Janitorial• D. Restrooms/Litter clean up

2. Why? Please discuss and share

answers in your chat box.18

Outcome-based contracts

explain what you want as an end product – not how to get there.

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THE CONTRACT BASICS

The legal “whereas” document – Boilerplate/templates include:

• Insurance/hold harmless – “Don’t sue me”• Laws to follow – State/federal/local• Scope – Specific indication of what they will

do – not how they do it• Price/payment – How you pay• Remedies – Resolve problems/complaints• Signatures

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THE CONTRACT BASICS – WHAT YOU WANT

Standards – What do you expect as an end condition?

Reports – documentation/communication

Inspections – checking if they meet your standards

Penalties – What happens if they don’t measure up?

Partnership/resolving conflicts – working together

Exhibits – maps/quantities/equipment needs21

FOR A CONTRACT TO WORK FOR YOU, IT NEEDS TO:

Be easy to administer

Be cost effective

Meet the needs of the customer

Be a partnership – make them pay if they over use resources (water)/incentives for cost saving ideas.

In your chat box – What are some other ways to make a contract

work?

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OUTCOME BASED VS. PERFORMANCE BASED

Our profession likes to “count” things – drawback is it can be

time consuming.

We talk about paying for performance – pay to do

something – someone has to verify.

Why not spend more time on what they accomplish since more time is not what we have more

of?

Outcome – simple, measurable expectations of what you expect.

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YOU CAN TEACH AN OLD DOG TO THINK DIFFERENTLY!

Don’t teach people what to

think but how to think.

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OUTCOME BASED VS. PERFORMANCE BASED CONTRACTS

Examples of outcomes

•Turf will be healthy with an even surface and uniform, deep green color; will not exhibit bare spots; and shall be pest and weed free.

•Irrigation will occur during non-use hours.

•Flower beds will show no bare spots during season without written authorization from the City.

•Dog Park: fecal matter shall be removed before mowing.

Keep it

simple

•For outcomes to be effective, the outcome has to be something a 12-year old child could understand and say “YES it does.” or “NO it does not meet standards.”

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PLEASE DISCUSS AND SHARE IN YOUR CHAT BOX

What are some things

you could measure as an outcome?

What keeps you from using outcomes?

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PLEASE DISCUSS AND SHARE IN YOUR CHAT BOX

What services are being considered (or might be considered) for future Contracting or Outsourcing – by you, city managers, council etc.?

Maintenance? Tree Work? Umpires? Concession Stand? Youth Sport Providers? Caterers? Others?

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INSPECTING OR “MEASURING OUTCOMES”

Weed free

Trees are free of sucker growth

Ball field lines are straight and clean

Pool meets health code chemical requirements

Drinking faucets have no hard water stains

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IMPORTANCE OF INSPECTIONS

Documentation is still needed as backup

Keep it simple – exception based – consider everything “meets outcome” unless otherwise indicated

Agencies must still protect public funds

Ultimately both must earn and continually maintain the public’s trust – meets or does not meet – get rid of the grey area

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CUSTOMER SERVICE

Quality is what the citizen/user wants and understands!

They don’t care or understand how you got there!

They see everyone working in your parks, facilities and agencies as “staff” of the department.

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SEAR’S FINE FOOD“BECAUSE THE CUSTOMER”

Because the customer has a

need, we have a job to do.

Because the customer has a choice, we must be the better

choice.

Because the customer has an

urgency, we must be quick.

Because the customer is

unique, we must be flexible.

Because the customer has

high expectations, we

must excel.

Because of the customer, we

exist!

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OUR CHALLENGE:

Life isn’t about waiting for the storm to pass – it’s about learning to dance in

the rain. 32

DISCUSS AND SHARE IN YOUR CHAT BOX:

Who should have input into your standards?

Who should be allowed to

inspect the work?33

1. Acting Superior and as a result, treat the contractor as inferior.

2. Refusing to consider “change orders” – stuff happens; be fair and plan for the unexpected.

3. Failing to understand the contract/Request for Proposal from cover to cover – Know what you are asking for/want – be open to other ways of doing something.

4. Considering the firm to be a “contractor” and not a “partner” – it is neither a marriage or low bid relationship; however, look for opportunities to work together.

5. Not being open to suggestions for improvement – we don’t know it all; it’s ok to steal ideas from other agencies.

10 MISTAKES TO AVOID FOR A SUCCESSFUL CONTRACT

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10 MISTAKES TO AVOID FOR A SUCCESSFUL CONTRACT

6. Kill trees and inundate the partner with paperwork.

7. “We don’t need no stinking technology” – simplify, simplify, simplify (see #6).

8. Forgetting that the interview is also used as part of the hiring process – ask the who, what, how and why you should hire them.

9. Assuming private industry professionals don’t know and talk to each other.

10. Forgetting that you represent the citizens you serve, and the agency you work for.

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FEEDBACK PLEASE…

HOW STRONGLY DO YOU AGREE WITH THIS STATEMENT?

“I have learned valuable ideasthat will enable me to develop

more effective contracts.”

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WHERE TO GO FOR HELP WHEN WRITING CONTRACTS Online resources

Professional social networks (Professional association listservs, discussion boards, LinkedIn

Sample Contracts/Template (Pre-webinar Assignment)

Professional colleagues (Learn/borrow/steal) from others CPRS NRPA

Professional/Continuing Education CPRS Maintenance Management School Webinars Conferences Local colleges/universities

Attorney 37

CONTACT INFORMATION

Craig D. BronzanDirector of Parks and RecreationCity of Brentwood35 Oak StreetBrentwood, CA 94513Phone: (925) 516-5365Fax: (925) 516-5447Email: cbronzan@brentwoodca.gov

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NEXT MONTH’S WEBINAR…

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Make and Take Profitable Non-Profits Financial Support and Nonprofit Models for

Supporting Parks and Recreation Agencies Rosemary Cameron, East Bay Recreation and

Parks (retired) A must-attend for administrators and any staff

who work with or partner with non-profit organizations.

Invite staff from outside of parks and recreation who also work with non-profits – library, police, fire, human resources, special events, commissioners, etc.

WHERE WILL YOU GO FROM HERE?

In the chat box please complete this sentence…

As a result of this webinar I/WE…

.

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