HomeMy WebLinkAboutPK14-60 - Original - Green Play, LLC - Resource Allocation - 9/16/13 Records 1V1► ern
KENT Document
WASNIN GTON
CONTRACT COVER SHEET
This is to be completed by the Contract Manager prior to submission
to City Clerks Office. All portions are to be completed.
If you have questions, please contact City Clerk's Office.
Vendor Name: Green Play LLC
Vendor Number:
]D Edwards
/Number
ds
Contract Number: '� L+410
This is assigned by City Clerk's Office
Project Name: Green Play Resource Allocation Cost Recovery Philosopy, Model& Policy
Description: ❑ Interlocal Agreement ❑ Change Order ❑Amendment ® Contract
❑ Other:
Contract Effective Date: 10/21/13 Termination Date: 6/31/14
Contract Renewal Notice (Days): 0
Number of days required notice for termination or renewal or amendment
Contract Manager: Lori Hogan (tp) Department: Recreation Cultural Programs
Detail: (i.e. address, location, parcel number, tax id, etc.):
S:Pubiic\Record$Management\Forms\ContractCover\adcc7832 1 11/08
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KENT
W AS NI N G T 0 N
CONSULTANT SERVICES AGREEMENT
between the City of Kent and
GreenPlay LLC
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and GreenPlay LLC organized under the laws of the State of Colorado,
located and doing business at 211 N. Public Road, Suite 225,Lafayette, CO 80026; Phone: (303)
439-8369; Fax: (303) 664-5313; E-mail: Info@GreenPlayLLC.com (hereinafter the
"Consultant").
I. DESCRIPTION OF WORK.
Consultant shall perform the following services for the City in accordance with the
following described plans and/or specifications:
GreenPlay will develop a resource allocation and cost recovery philosophy, model
and policy as described in Exhibit A: Scope of Work
Consultant further represents that the services furnished under this Agreement will be
performed in accordance with generally accepted professional practices within the Puget Sound
region in effect at the time those services are performed.
II. TIME OF COMPLETION. The parties agree that work will begin on the tasks
described in Section I above immediately upon the effective date of this Agreement. Consultant
shall complete the work described in Section I by June 31, 2014.
III. COMPENSATION.
A. The City shall pay the Consultant, based on time and materials, an amount not to
exceed thirty three thousand nine hundred fifty dollars ($33,950) plus applicable
Washington State sales tax, for the services described in this Agreement. This is
the maximum amount to be paid under this Agreement for the work described in
Section I above, and shall not be exceeded without the prior written authorization
of the City in the form of a negotiated and executed amendment to this agreement.
The Consultant agrees that the hourly or flat rate charged by it for its services
contracted for herein shall remain locked at the negotiated rate(s) for a period of
one (1) year from the effective date of this Agreement. The Consultant's billing
rates shall be as delineated in Exhibit A.
CONSULTANT SERVICES AGREEMENT - 1
(Over$10,000)
a •
B. The Consultant shall submit monthly payment invoices to the City for work
performed, and a final bill upon completion of all services described in this
Agreement. The City shall provide payment within forty-five (45) days of receipt of
an invoice. If the City objects to all or any portion of an invoice, it shall notify the
Consultant and reserves the option to only pay that portion of the invoice not in
dispute. In that event, the parties will immediately make every effort to settle the
disputed portion.
IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent
Contractor-Employer Relationship will be created by this Agreement. By their execution of this
Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following
representations:
A. The Consultant has the ability to control and direct the performance and
details of its work, the City being interested only in the results obtained
under this Agreement.
B. The Consultant maintains and pays for its own place of business from which
Consultant's services under this Agreement will be performed.
C. The Consultant has an established and independent business that is eligible
for a business deduction for federal income tax purposes that existed before
the City retained Consultant's services, or the Consultant is engaged in an
independently established trade, occupation, profession, or business of the
same nature as that involved under this Agreement.
D. The Consultant is responsible for filing as they become due all necessary tax
documents with appropriate federal and state agencies, including the Internal
Revenue Service and the state Department of Revenue.
E. The Consultant has registered its business and established an account with
the state Department of Revenue and other state agencies as may be
required by Consultant's business, and has obtained a Unified Business
Identifier (UBI) number from the State of Washington.
F. The Consultant maintains a set of books dedicated to the expenses and
earnings of its business.
V. TERMINATION. Either party may terminate this Agreement, with or without
cause, upon providing the other party thirty (30) days written notice at its address set forth on
the signature block of this Agreement. After termination, the City may take possession of all
records and data within the Consultant's possession pertaining to this project, which may be
used by the City without restriction. If the City's use of Consultant's records or data is not
related to this project, it shall be without liability or legal exposure to the Consultant.
VI. DISCRIMINATION. In the hiring of employees for the performance of work under
this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on
behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age,
sexual orientation, national origin, or the presence of any sensory, mental, or physical disability,
discriminate against any person who is qualified and available to perform the work to which the
employment relates. Consultant shall execute the attached City of Kent Equal Employment
CONSULTANT SERVICES AGREEMENT - 2
(Over$10,000)
Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion
of the contract work, file the attached Compliance Statement.
VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its
officers, officials, employees, agents and volunteers harmless from any and all claims, injuries,
damages, losses or suits, including all legal costs and attorney fees, arising out of or in
connection with the Consultant's performance of this Agreement, except for that portion of the
injuries and damages caused by the City's negligence.
The City's inspection or acceptance of any of Consultant's work when completed shall not
be grounds to avoid any of these covenants of indemnification.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or
damages to property caused by or resulting from the concurrent negligence of the Consultant
and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability
hereunder shall be only to the extent of the Consultant's negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF
IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF
THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY
NEGOTIATED THIS WAIVER.
In the event Consultant refuses tender of defense in any suit or any claim, if that tender
was made pursuant to this indemnification clause, and if that refusal is subsequently determined
by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the
Consultant's part, then Consultant shall pay all the City's costs for defense, including all
reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and
fees incurred because there was a wrongful refusal on the Consultant's part.
The provisions of this section shall survive the expiration or termination of this
Agreement.
VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the
Agreement, insurance of the types and in the amounts described in Exhibit [B] attached and
incorporated by this reference.
IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide
reasonable accuracy of any information supplied by it to Consultant for the purpose of
completion of the work under this Agreement.
X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents,
drawings, designs, reports, or any other records developed or created under this Agreement
shall belong to and become the property of the City. All records submitted by the City to the
Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents,
and files available to the City upon the City's request. The City's use or reuse of any of the
documents, data and files created by Consultant for this project by anyone other than
Consultant on any other project shall be without liability or legal exposure to Consultant.
XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent
contractor with the authority to control and direct the performance and details of the work
CONSULTANT SERVICES AGREEMENT - 3
(Over$10,000)
authorized under this Agreement, the work must meet the approval of the City and shall be
subject to the City's general right of inspection to secure satisfactory completion.
XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all
necessary precautions and shall be responsible for the safety of its employees, agents, and
subcontractors in the performance of the contract work and shall utilize all protection necessary a
for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be
responsible for any loss of or damage to materials, tools, or other articles used or held for use in
connection with the work.
XIII. MISCELLANEOUS PROVISIONS.
A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City
requires its contractors and consultants to use recycled and recyclable products whenever
practicable. A price preference may be available for any designated recycled product.
B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of
any of the covenants and agreements contained in this Agreement, or to exercise any option
conferred by this Agreement in one or more instances shall not be construed to be a waiver or
relinquishment of those covenants, agreements or options, and the same shall be and remain in
full force and effect.
C. Resolution of Disputes and Governing Law. This Agreement shall be governed by
and construed in accordance with the laws of the State of Washington. If the parties are unable
to settle any dispute, difference or claim arising from the parties' performance of this
Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by
filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court,
King County, Washington, unless the parties agree in writing to an alternative dispute resolution
process. In any claim or lawsuit for damages arising from the parties' performance of this
Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or
bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award
provided by law; provided, however, nothing in this paragraph shall be construed to limit the
City's right to indemnification under Section VII of this Agreement.
D. Written Notice. All communications regarding this Agreement shall be sent to the
parties at the addresses listed on the signature page of the Agreement, unless notified to the
contrary. Any written notice hereunder shall become effective three (3) business days after the
date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to
the addressee at the address stated in this Agreement or such other address as may be
hereafter specified in writing.
E. Assignment. Any assignment of this Agreement by either party without the written
consent of the non-assigning party shall be void. If the non-assigning party gives its consent to
any assignment, the terms of this Agreement shall continue in full force and effect and no
further assignment shall be made without additional written consent.
F. Modification. No waiver, alteration, or modification of any of the provisions of this
Agreement shall be binding unless in writing and signed by a duly authorized representative of
the City and Consultant.
G. Entire Agreement. The written provisions and terms of this Agreement, together
with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or
CONSULTANT SERVICES AGREEMENT - 4
(Over$10,000)
ether representative of the City, and such statements shall not be effective or be construed as
entering into or forming a part of or altering in any manner this Agreement. All of the above
documents are hereby made a part of this Agreement. However, should any language in any of
the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms
of this Agreement shall prevail.
H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and
municipal laws, rules, and regulations that are now effective or in the future become applicable
to Consultant's business, equipment, and personnel engaged in operations covered by this
Agreement or accruing out of the performance of those operations.
I. Counterparts. This Agreement may be executed in any number of counterparts,
each of which shall constitute an original, and all of which will together constitute this one
Agreement.
IN WITNESS, the parties below execute this Agreement, which shall become
effective on the last date entered below.
CONSULTANT: CITY OF KENT:
By :etL� By:
-- (signature) (signature)
Print Name: -E. ,5& L rint N Suzette Cooke
Its (_On d-GLvLA4-,_iR Moe!l u...m 0gA.hvi Mayor
(title)
DATE: l%I Lyi DATE:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
CONSULTANT: CITY OF KENT:
Karon Badalamenti Lori Hogan, Recreation and Cultural Services
GreenPlay LLC Supt.
211 N. Public Road City of Kent
Suite 225 220 Fourth Avenue South
Lafayette, CO 80026 Kent, WA 98032
E-mail: Info@GreenPlayLLC.com
(253) 856-5067 (telephone)
(253) 856-60650 (facsimile)
(303) 439-8369 (telephone)
303 664-5313 facsimile
APPROVED A T FORM:
Kent Law Depart
[In this field,you may enter the electromc feepath where the contract has been saved]
CONSULTANT SERVICES AGREEMENT - 5
(Over$10,000)
DECLARATION
CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY
The City of Kent is committed to conform to Federal and State laws regarding equal opportunity.
As such all contractors, subcontractors and suppliers who perform work with relation to this
Agreement shall comply with the regulations of the City's equal employment opportunity
policies.
The following questions specifically identify the requirements the City deems necessary for any
contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative
response is required on all of the following questions for this Agreement to be valid and binding.
If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the
directives outlines, it will be considered a breach of contract and it will be at the City's sole
determination regarding suspension or termination for all or part of the Agreement;
The questions are as follows:
1. I have read the attached City of Kent administrative policy number 1.2.
2. During the time of this Agreement I will not discriminate in employment on the basis of
sex, race, color, national origin, age, or the presence of all sensory, mental or physical
disability.
3. During the time of this Agreement the prime contractor will provide a written statement to
all new employees and subcontractors indicating commitment as an equal opportunity
employer.
4. During the time of the Agreement I, the prime contractor, will actively consider hiring and
promotion of women and minorities.
5. Before acceptance of this Agreement, an adherence statement will be signed by me, the
Prime Contractor, that the Prime Contractor complied with the requirements as set forth
above.
By signing below, I agree to fulfill the five requirements referenced above.
Dated this 15t day of CC�
For: &+reC ! Ad
Title:
Date: is 11 1
EEO COMPLIANCE DOCUMENTS - 1
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998
SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996
CONTRACTORS APPROVED BY Jim White, Mayor
POLICY:
Equal employment opportunity requirements for the City of Kent will conform to federal and
state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee
equal employment opportunity within their organization and, if holding Agreements with the City
amounting to $10,000 or more within any given year, must take the following affirmative steps:
1. Provide a written statement to all new employees and subcontractors indicating
commitment as an equal opportunity employer.
2. Actively consider for promotion and advancement available minorities and women.
Any contractor, subcontractor, consultant or supplier who willfully disregards the City's
nondiscrimination and equal opportunity requirements shall be considered in breach of contract
and subject to suspension or termination for all or part of the Agreement.
Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public
Works Departments to assume the following duties for their respective departments.
1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these
regulations are familiar with the regulations and the City's equal employment opportunity
policy.
2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines.
EEO COMPLIANCE DOCUMENTS - 2
D
f
CITY OF KENT
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT
This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the
Agreement.
I, the undersigned, a duly represented agent of
Company, hereby acknowledge and declare that the before-mentioned company was the prime
contractor for the Agreement known as lo�a4,�„kGx�12P��_ that was entered
into on the 10/1 113 (date), between the firm I represent and the City of
Kent.
I declare that I complied fully with all of the requirements and obligations as outlined in the City
of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity
Policy that was part of the before-mentioned Agreement.
Dated this _� day of ( pb-e"V- , 20 —
By:( x.$.�
Title:
Date: lA 1 R
EEO COMPLIANCE DOCUMENTS - 3
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Kent, WA - Parks, Recreation & Community Services
Scope of work for developing a Resource Allocation and Cost
Recovery Philosophy, Model and Policy
a
GreenPlay Preliminary Proposal May 7, 2013
Project Lead—Ms. Lori Hogan
Sent via email to. LHogan@kentwa gov
Dear Ms Hogan:
GreenPlay LLC is pleased to submit our preliminary scope proposal outlining options to provide
specialized sole-sourced professional parks and recreation planning and management advisement
services We are proposing an introduction to,and work sessions for GreenPlay's(proprietary) Pyramid
Methodology using a fully facilitated process to develop your Cost Recovery Model and Resource
Allocation Philosophy Please note that the Scope of Work is provided in response to a "Sole Source
Request"and may not be adopted for a competitive bidding process without written approval
GreenPlay has been providing Parks and Recreation assessments, plans,and related services for
communities around the country since 1999, including developing Cost Recovery Models for cities,
counties and special districts across the United States Our GreenPlay team will include Karon
Badalamenti as our GreenPlay Project Manager Karon has extensive experience with this type of work,
and in fact,was the project manager assisting MetroParks Tacoma in developing their cost recovery
philosophy Recently and presently,several cities and agencies in Pacific Northwest have undertaken
this very work with great success Our team will also consist of me,Chris Dropinski,CPRE,as Principal-
in-Charge
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 300 communities on various plans and using these tools
and methodologies,and still treat each one as unique, providing customized community-specific results.
Resource allocation and cost recovery models like the Pyramid Methodology are currently being taught
in universities and used successfully around the country in agencies including
• City of Corvallis,North Clackamas, Tualatin Hills and Willamolane Parks and
Recreation Districts in Oregon
• The Cities of Coppell and Arlington in Texas and Glenwood Springs in Colorado
• City of Carlsbad,Son Diego County in California
• City of Alexandria and Arlington County in Virginia
• Montgomery County Department of Parks in the Maryland National Capital Parks
Planning Commission(M-NCPPQ and the Montgomery County Department of
Recreation in Maryland
• Oakland County Parks and Recreation Commission in Michigan
Page � 1
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GreenPlay has established the Pyramid Methodology as a model and
philosophical approach to allocating taxpayer funds for partial or wholly subsidized services,setting
fees,determining partnership contributions,or pursuing alternative funding sources depending on the
beneficiary of the service
Task A. Strategic Kick-Off
GreenPlay will work with your senior staff to clarify desired project outcomes,specific staff involvement,
workshop formats,and identification of additional materials necessary to start this process.This SKO will
initiate the Cost Recovery work,collect information,and provide tramings as to what will be needed
This kick-off trip will include a meeting with your senior staff to clarify desired project outcomes,specific
staff involvement,workshop formats, invitations,and logistics for each step. It will also identify
additional materials necessary to start the evaluation process
Deliverables-Strategic Kick-Off
One(1)one-day trip for meetings with senior management and your project team.
• Determine Critical Success Factors,discuss senior staff responsibility and staff participation.
• Confirm current agency Values, Mission and Vision
• Introduce the Pyramid Methodology to the core project team
• Present a short introduction of the methodology to City Manager's office and/or City Council
• Facilitate discussions.
o Project schedule and draft/final presentations to governing bodies
o Public and Partner Involvement timeline
o Definition of Cost Recovery staff participants and workgroups
o Determination of locational or cost-centric matrices
o Determination of contractor or partner participation
o Evaluation of current budgeting processes,tools and cost recovery reports
o Assessment of current pricing and resource allocation structures and policies
o Discussion of Pyramid Methodology 10-Step Process,staff involvement and homework
■ Categories of Service
■ Definitions of Cost
■ Glossary of Terms
■ Determining cost of service provision
■ Goal setting
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Task B. Cost Recovery Model and Resource Allocation
Philosophy— The Pyramid Methodology
Many agencies are using this methodology and in addition,several see its benefit and application for all
special district,county and municipal services Examples include-
In Corvallis,Oregon,the Parks and Recreation Department,with the endorsement of the Parks, 4
Recreation and Natural Areas Board (PNARB), are successfully using the methodology to increase their
annual overall cost recovery and assure future service sustamability Initial low hanging fruit ideas
identified over$250,000 in annual cost recovery increase through obvious expense reductions,fee
increases,and changes in processes and practices,without any impact to service.
In San Diego County,the Director indicates that initial efforts are resulting in approximately$2 million
positive cost recovery In Springfield Oregon,the Willamalane Parks and Recreation District staff and
several of their Board attended a national training on the methodology and then used it to develop their
own philosophy and govern their decision making
The(former)Willamalane Deputy Superintendent,Jason Genck,had this to say:
"We have had to make some challenging programming and budget decisions based upon the shifting
needs in our community Thank God for the Cost Recovery[Pyramid]Model and our continued
dedication to moving the model forward It continues to establish common ground for challenging
decisions Our careful, strategic planning and conservative approach has given us the chance to seize
many opportunities that have been presented in this tough economy We are taking time to allow
staff to establish the new thriving Willamalane Center by using our cost recovery model and other
tools"-December2010
Jason Genck,CPRP,Deputy Superintendent
Willamalane Park and Recreation District
A National Gold Medal Award Winning Agency
Jason is now the General Operations Manager for the City of Westminster in Colorado
The City of Carlsbad,CA,is also a GreenPlay client whose leadership desires application across the entire
municipal system,and they began with the Parks and Recreation Department to test the application
1 "The Pyramid Model is just part of the whole strategy The part I appreciate most is the
[community]fairness issue [The report has]laid o foundation for most, if not all of our future
decisions"
2. "(The Pyramid Model]will need to be a dynamic tool as circumstances change. . . as community
interests change and its ability to adapt to that" '
3 This[model/report]provides support and fairness for us and captures the heart and values of the
core positions and balance of our community,so 1 am very pleased to support this tonight and)
believe this to be a very useful tool for us Thank you for doing this"
Mark Packard, Carlsbad,CA Councilmember
GreenPlay's presentation at their meeting,June 9,2009.
As part of GreenPlay's proposed process,we will evaluate 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.
Page 13
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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 your
agency'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 consensual 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,
sometimes 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 worksl
Development of Resource Allocation and Cost Recovery Philosophy
This process provides a consensual 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
the Pyramid Methodology,as illustrated below and developed by GreenPlay, LLC,to help develop a
philosophy that details the level of subsidy necessary for your agency's services (facilities, programs,
etc.).
4iREEMPLAY,. The Pyramid The Pyramid Methodology is an effective
-=� Methodology management tool currently being utilized by
agencies across the country to articulate the
level of benefit that services such as facilities
and programs provide as they relate to the
" d,l,,.,, Values,Vision,and Mission of an agency.This
_ 0ench,
m InarvtluauCon nu proven design leads to a logical determination
eenern of resource allocation and subsidy/cost
(Balanced Beneficran«
recovery goals,and future fees and charges.
u coosiaeBe(eft y Establishing guidelines and a methodology for
such critical operational issues is imperative to
I. Mostly Community Benvl,t sound fiscal responsibility,governmental
accountability,and decision making
Page 14
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The Pyramid Methodology engages your stakeholders, including community members,collaborators,
decision-makers,and agency management and staff.This process also leads to recommendations for
implementation.
Deliverables-Resource Allocation and Cost Recovery Philosophy Development
• Series of three multi-day trips to conduct Cost Recovery/Resource Allocation Workshops that
may include continental breakfast, lunch,or dinner provided by the agency at your discretion
(three full-day staff workshops and a minimum of two public meetings)
• Workshop 1- Introduction and education on the Pyramid Methodology;development of the
Categories of Service for the agency,and determination of cost center pyramid needs
• Workshop 2a-A series of staff and public meetings including community representatives;
sorting Categories of Service based upon each category's beneficiary and the values,vision,and
mission
• Workshop 2b-Development of direct and indirect cost definitions with staff and identification
of current cost recovery levels to establish baselines
• Workshop 3-Establishment of cost recovery/subsidy allocation target ranges/goals with staff,
determine appropriate pricing strategies, and develop implementation steps
Task C. Final Resource Allocation and Cost Recovery Model
Presentation
GreenPlay will develop the final resource allocation and cost recovery philosophy report,model,and
related policies, and present detailed information to your appropriate governing bodies as identified in
the Strategic Kick-off meeting GreenPlay will then revise your final Report and Policy document for
submission to your Agency.
Deliverables of the Final Report and Presentations
One trip to present the final document
• Cost Recovery Model and Resource Allocation Philosophy, Model,and Draft Polity
• Recommendations for Implementation
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Agency Investment — Facilitated Base Project— Firm Fixed Price
Total Not to Exceed $33,950
The base project is proposed as a "Firm-Fixed Price"to provide the maximum cost savings to the agency
Task A. Strategic Kick-Off
1 Trip 1—one-day tentatively anticipated for Fall 2013
2. Onsite team meeting, introductory workshop,and planning $ 4,450
Task B. Resource Allocation and Cost Recovery Process
1 Trip 2—Workshop 1-Categones of Service and Definitions of Cost $ 6,550
2 Trip 3—Workshop 2—Sorting, Consensus Pyramid and Current Cost Recovery $10,650
3 Trip 4—Workshop 3-Targets, Pricing and Goal Setting 6.55
Total Resource Allocation Process $23,750
Task C. Resource Allocation and Cost Recovery Philosophy, Model and Policy Presentation
1 Trip 5—Resource Allocation and Cost Recovery Philosophy, Model and Policy $ 5,750
As a cost savings measure,all materials,draft and final reports will be provided electronically for the
client to print as necessary.
For projects like this that include more than 100 hours of work,GreenPlay typically recommends and
proposes using a Firm-Fixed Price model for compensation This means that the contract is preliminarily
based on a projected number of hours, but that the compensation is actually based on completion of
pre-determined contracted tasks the Scope of Work within a pre-specified timeline This usually works
well for the client in that they will get all the work done that they need, regardless of how many hours
during the timeline that it takes to do it.The firm fixed fee also means that all travel, reimbursable
expenses, and deliverables are built into the per task cost.
In the event that the contracted Scope of Work is changed by the client during the course of work,
GreenPlay can adjust total contract fees accordingly based on the regular hourly rates.This portion of
the project is proposed as a Firm-Fixed Rate Fee project.
Additional Agency Investment— Professional Advisor on Retainer
Additional meetings,advisement, projects tasks,support,facilitated workshops,etc. may be added to
the initial proposed investment at our hourly or daily consulting rate:
Hourly Consulting Rate $150 per hour
Daily Consulting Rate(plus all travel expenses) $1,500 per day
Potential Additional Services—Budgeting and Financial Definitions and Trainings
Sometimes staff may need a 'Budget and Financial Training" primer prior to the start of the resource
allocation and cost recovery philosophy, model, and policy development process This objective
identifies the need for additional staff trainings on basic budgeting,financial terms, and how the
agency's staff should assess budgets, pricing,cost recovery, and basic financial and revenue
expectations GreenPlay can provide trainings with your financial staff, managers, supervisors, and
operational staff who may require such training,and can offer curriculum for staff to create agency-
specific training modules
6 1 P a g e
GREENPLAYLc
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The potential cost would be determined based on on-site or remote training/curricula,the number of
staff and days designated for training, and whether or not these trainings can be combined with other
C on-site trips This can be discussed and determined at the strategic kick-off meeting or at anytime
■� during the course of the contract.
Our work also includes, at no additional charge:
Our commitment that for each task,we will quickly assess your current circumstances and provide what
Q you need to move to the next level, rather than providing you a standard planning response, whether
Vyou need it or not.
Our rates include: }
R . Professional staff, sub-consultant,and administrative salaries.
L . All office overhead, equipment,utilities,and insurances
Taxes,employee benefits,and Worker's Compensation.
Administrative support staff and supplies and local travel
• Deliverables and meetings as outlined in the Scope of Work.
All travel expenses and time in the"Facilitated Base Project"scope of work
Rates may not include(unless specified in the Scope of Work):
Materials and services outside of the pre-specified Scope of Work(may include extra meetings,
requested copies, and printing of work products)
All travel expenses and time in the Professional Advisor on Retainer"three-year blanket
contract period"scope of work.
As a baseline:When billing hourly,GreenPlay's hourly rate is$150 per hour for all contracted
professional consulting services While the hourly rates may sound high relative to typical public agency
staff pay rates,our fees comprehensively include the costs for our consultants and related
administrative expenses, insurance,equipment,and other relevant costs associated with our services.
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.
Invoicing:Greenplay typically submits an invoice for payment to the project manager or primary contact
person on a monthly basis Each invoice includes a brief description of the services provided and
percentage of Scope completed to date Invoices past due over 60 days will accrue 1.5% interest per
month Other structures for compensation and payment can be negotiable prior to contract award
Project Delays:We understand that time is tax-payer money. GreenPlay team members strive to
complete our projects in a timely and efficient manner We will work with your Project Manager to set
an expedient and realistic"scope of work end date"
Project Delay Policy
There is an added cost for GreenPlay when projects are extended beyond a contracted end date,
including staff reassignment, loss of capacity to perform other work,and administrative schedule
changes that may impact other projects Our policy takes into consideration delays due to operational
and approval constraints,scheduling,and other internal and external factors GreenPlay will discuss our
typical policy regarding potential project delays upon contract award
7 1 P a g e
GREENPLAYcc
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Our Commitment to You
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 scope of work,tools and methodologies for your consideration
We believe that our previous experience provides us with the knowledge, processes, and insight
necessary to create implementable plans and tools for the Kent,Washington Parks,Recreation and
Community Services Department.We pride ourselves on being available and accessible to your agency,
and partnering with you to help achieve your goals.
We have put together this revised scope of work based on our understanding of your final Cost
Recovery Project Refined Scope utilizing the Pyramid Methodology,and based on our experience of
delivering effective services We look forward to working with you to help you continue your critical
place at the table and assuring continued parks and recreation funding, If you have any additional
questions, please feel free to contact us at the number listed below Thank you for your attention and
consideration.
Respectfully,
Chris Dropmski,CPRE
Senior Principal and Managing Member
Direct Phone (303)870-8674 Email. ChrisD@GreenPlavLLC com
If you have any questions regarding this scope of work and fee, please do not hesitate to contact Karon
Badalamenti, Principal and Project Manager, directly at(303)870-0021 or karonb@greenplayllc.com.
Sincerely, /
Karon Badalamenti,CPRE and Principal,GreenPlay,LLC
1
I
{
8 ) Page
i
EXHIBIT B
INSURANCE REQUIREMENTS FOR
CONSULTANT SERVICES AGREEMENTS
Insurance
The Consultant shall procure and maintain for the duration of the Agreement, j
insurance against claims for injuries to persons or damage to property which
may arise from or in connection with the performance of the work hereunder
by the Consultant, their agents, representatives, employees or
subcontractors.
A. Minimum Scope of Insurance
Consultant shall obtain insurance of the types described below:
1. Automobile Liability insurance covering all owned, non-
owned, hired and leased vehicles. Coverage shall be written
on Insurance Services Office (ISO) form CA 00 01 or a
substitute form providing equivalent liability coverage. If
necessary, the policy shall be endorsed to provide
contractual liability coverage.
2. Commercial General Liability insurance shall be written on
ISO occurrence form CG 00 01 and shall cover liability i
arising from premises, operations, independent contractors,
products-completed operations, personal injury and
advertising injury, and liability assumed under an Insured
contract. The City shall be named as an insured under the
Consultant's Commercial General Liability insurance policy
with respect to the work performed for the City using ISO
additional insured endorsement CG 20 10 1185 or a
substitute endorsement providing equivalent coverage.
3. Workers' Compensation coverage as required by the j
Industrial Insurance laws of the State of Washington.
4. Professional Liability insurance appropriate to the
Consultant's profession.
B. Minimum Amounts of Insurance
Consultant shall maintain the following Insurance limits:
1. Automobile Liability insurance with a minimum combined
single limit for bodily injury and property damage of
$1,000,000 per accident.
2. Commercial General Llablifty insurance shall be written with
limits no less than $1,000,000 each occurrence, $2,000,000
I
general aggregate and a $1,000,000 products-completed
operations aggregate limit.
3. Professional Liability Insurance shall be written with limits no
less than $1,000,000 per claim and $1,000,000 policy
aggregate limit.
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the
following provisions for Automobile Liability and Commercial General
Liability insurance:
1. The Const►itarWs Insurance coverage shall be primary insurance as
respect the City. Any Insurance, self-insurance, or insurance pool
coverage maintained by the City shall be excess of the Consultant's
Insurance and shall not contribute with it.
2. The Consultant's Insurance shall be endorsed to state that coverage shall
not be cancelled by either party, except after thirty (30) days prior
written notice by certified mail, return receipt requested, has been given
to the City.
3. The City of Kent shall be named as an additional insured on all policies
(except Professional Liability) as respects work performed by or on behalf
of the Consultant and a copy of the endorsement naming the City as
additional insured shall be attached to the Certificate of Insurance. The
City reserves the right to receive a certified copy of all required insurance
policies. The Consultant's Commercial General Liability insurance shall
also contain a clause stating that coverage shall apply separately to each
insured against whom claim is made or suit is brought, except with
respects to the limits of the insurer's liability.
D. Acceptability of Insurers
Insurance is to be placed with Insurers with a current A.M. Best rating
of not less than ANII.
E. Verification of Coverage
Consultant shall furnish the City with original certificates and a copy of
the amendatory endorsements, including but not necessarily limited to
the additional insured endorsement, evidencing the insurance
requirements of the Contractor before commencement of the work.
F. Subcontractors
Consultant shall include all subcontractors as insureds under Its
policies or shall furnish separate certificates and endorsements for
each subcontractor. All coverages for subcontractors shall be subject
to all of the same insurance requirements as stated herein for the
Consultant.
I
GREELLC-03 JOSSIAN
CERTIFICATE OF LIABILITY INSURANCE DATD/YYYYj
101812/8/2013
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER
IMPORTANT If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed If SUBROGATION IS WAIVED,subject to
the terms and conditions of the policy,certain policies may require an endorsement A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s)
PRODUCER NAMEACT John Ossian
DClnsurers-Lakewood PHONE (303)987-3373 FAArc No (303)969-9120
1074 S Allure St A C No Ext
Lakewood,CO 80228 ADDRESS john.ossian@dci-ins com
INSURER(S)AFFORDING COVERAGE NAIC 8
INSURER The Hartford
INSURED LINSURERB PlnnacolAssurance 41190
GreenPlay LLC RERC211 North Public Road Suite 225 RERDLafayette,CO 80026 RER ERER F
2
COVERAGES CERTIFICATE NUMBER REVISION NUMBER,
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
EFF IN RI TYPE OF INSURANCE A BR POLICY NUMBER MMIDD/VYVY MMLDDY/YYYY LIMITS
LTR
GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00
A X COMMERCIAL GENERAL LIABILITY 34SBAIR6876 SM/2013 5/112014 PREMISES Ea occurrence $ 1,000,00
CLAIMS-MADE Fx_1 OCCUR MED EXP(Any one person) $ 10,00
PERSONAL&ADV INJURY $ 1,000,00
GENERAL AGGREGATE $ 2,000,00
GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-CCMP/OP AGG $ 2,000,00
POLICY X PRO LOC $
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,OD
Ea accident
A X ANY AUTO 34UECJJ1390 5/1/2013 5/1/2014 BODILY INJURY(Per person) $
ALLOWVNED SCHEDULED BODILY INJURY(Per accident) $
AUTOS Os
NON OWNED PROPERTY DAMAGE $
X HIRED AUTOS X AUTOS Per acadegt
X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 1,000,00
A EXCESS LIAB CLAIMS-MADE 34SBAIR6876 5/1/2013 6/1/2014 AGGREGATE $
DED I X RETENTION$ 10,000 $
WORKERS COMPENSATION C STATU- O
AND EMPLOYERS'LIABILITY TWORY LIMITS ERR
B ANY PROPRIETORIPARTNERIEXECUTIVEYiN NIA 4019301 5N/2013 5/1/2014 EL EACH ACCIDENT $ 1,000,00
CFFICER,MEMSER EXCLUDED?
(Mandatory In NH) EL DISEASE-EA EMPLOYEE $ 1,000,00
If yes describe under
DESCRIPTION OF OPERATIONS below EL DISEASE-POLICY LIMIT $ 1,000,00
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,If more space is required)
The City of Kent,Washington is an additional insured on the General Liability and Commercial Auto Policies when required by written contract performs
SS00080405 and HA99160312 respectively
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
CI of Kent,Washington THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
City 9 ACCORDANCE WITH THE POLICY PROVISIONS
220 Fourth Ave South
Kent,WA 98032
AUTHORIZED REPRESENTATIVE
7-,0
01988-2010 ACORD CORPORATION All rights reserved
ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD
CITY OF KENT
LAW DEPARTMENT
CIVIL DIVISION
KEN 220 4t" Avenue South
Kent, WA 98032
WnSHIIGTON
Fax 253-856-6770
PHONE: 253-856-5770
Memo
To: Suzette Cooke, Mayor
From: Jeff Watling
CC:
Date: September 16,2013
Re: Request for Waiver Pursuant to City of Kent Administrative Policy 1.1
For Consulting Services with GreenPLay LLC
The City's Parks, Recreation, and Community Services Department is requesting you waive the
procurement requirements set forth in Administrative Policy 1.1 for consultant services from
GreenPlay LLC.
Purchases may be waived by the mayor upon a finding that either the materials, supplies,
equipment, or services are clearly and legitimately limited to a single source of supply within
the near vicinity, or that the materials, supplies, equipment, or services are sub]ect to special
market conditions, involve special facilities or services, or that a bid or the bidding ;
requirements of KCC 3.70.030, would otherwise not be practicable or in the city's best interest
under the circumstances, in which instances the purchase may be best established by direct
negotiation.
GreenPlay LLC would provide specialized sole-sourced professional parks and recreation
planning and management advisement services. Through the use of GreenPlay's (proprietary)
Pyramid Methodology, they would develop a Cost Recovery Model and Resource Allocation
Philosophy for the City's Parks, Recreation and Community Services Department. The cost will
not exceed $33,950.
If you approve of this waiver under City of Kent Administrative Policy 1.1, the Parks, Recreation
and Community Services Department requests that you indicate your approval by signing
below.
CITY OF KENT a
Date: / I`
bar S zette Cooke
•
KENT
N.s ,NGra. Agenda Item: Other Business
TO: City Council
DATE: October 1, 2013
SUBJECT: GreenPlay Agreement - Authorize
MOTION: Authorize the Mayor to sign the agreement with GreenPlay in the
amount of $33,950.00 for consulting services, subject to final terms and
conditions acceptable to the City Attorney and the Parks Director.
SUMMARY: At the 2013 City Council Retreat, the Council identified a number of
priority items from the Efficiency Study (conducted by BERK and Associates) to
further explore and discuss. One of those items under Level of Service was the
review of recreation programs to better understand and determine cost recovery.
Lori Hogan and Jeff Watling presented an approach to this task at the June 20 Parks
Committee meeting. Following the discussion and feedback provided by the
Committee members, a contract and scope of work was finalized with GreenPlay for
$33,950.00 to assist the city in the completion of this work.
Lori and Jeff will provide an overview of the project including the work to be
performed by city staff, work to be performed by GreenPlay, the public outreach
component of this work, and the deliverables/outcomes expected at the completion
of this contract.
EXHIBITS: Consultant Services Contract
RECOMMENDED BY: Parks and Human Services Committee
BUDGET IMPACTS: Parks Administration Professional Services Budget
REQUEST FOR MAYOR'S SIGNATURE
KENT Please FIII In All Applicable Boxes 1
o„ �/" Reviewed by Director
Originator's Name: Lori Hogan Dept/Div. Parks & Recreation Extension: 5067
Date Sent: 10/8/2013 Date Required:
Return-to: Lori Hogan CONTRACT TERMINATION DATE: 6/31/2014
VENDOR: GreenPlay LLC DATE OF COUNCIL APPROVAL: 10/1/2013
ATTACH THE COUNCIL MOTION SHEET FOR THE MAYOR - If applicable
Brief Explanation of Document:
At the 2013 City Council Retreat, the Council identified a number of priority items from the Efficiency Study
(conducted by BERK and Associates) to further explore and discuss One of those items under Level of Service was
the review of recreation programs to better understand and determine cost recovery
Lori Hogan and Jeff Watling presented an approach to this task at the June 20 Parks Committee meeting Following
the discussion and feedback provided by the Committee members, a contract and scope of work was finalized with
GreenPlay for $33,950 00 to assist the city in the completion of this work as a sole source vendor.
All Contracts Must Be Routed Through The Law Department
(This area to be completed by the Law Department)
Received: R'�rEI ED
Approval of Law Dept.: '�-� UXI
Law Dept. Comments: OCT 08 2013
"'I"FNTwpr. CEIVED
Date Forwarded to Mayor: Io I OCT 2 2 2013
Shaded Areas To Be Completed By Administration Staff C"OFmow
CrrY CLERK
Received:
RECEIVE
Recommendations and Comments:
Disposition: �lQ�l� ��
,f-ry OCT 2 12013
City of Kent
off,
ce of the Mayor
Date Returned:
��k Iq- (off