This document summarizes a webinar about contracting and outsourcing maintenance services. The webinar covered: - Key elements that help make a service contract successful, such as using a professional services agreement instead of low bid, defining quality standards, and developing a partnering relationship. - The difference between outcome-based and performance-based contracts, with examples of measurable outcomes. - Common mistakes made in contracts and how to avoid them, such as not understanding the full contract and considering the contractor merely a vendor rather than a partner.

1. MAKE AND TAKE
CONTRACTING AND OUTSOURCING
FOR 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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2. YES, YOU TOO CAN CONTRACT FOR ACTIVITIES
SUCH AS
PLAYGROUND APPARATUS INSPECTORS!
2

3. 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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4. LET’S REVIEW - PRE-WEBINAR ASSIGNMENT
1. 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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5. 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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6. WHAT IS A
CONTRACT?
WHAT IS
OUTSOURCING?
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7. 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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8. 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?
8

9. 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…
9

10. So why is it so hard
to consider contracting
out for maintenance
and other services?
PLEASE DISCUSS AND SHARE…
10

11. 1
TWO PART FEEDBACK
FROM 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 boxlist reasons why these
are hard to write. 11

12. 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

13. KEY ELEMENTS THAT HELP MAKE A SERVICE
CONTRACT SUCCESSFUL
Professional
Services
Agreement
instead of “Low
Bid Contract” –
ability to
negotiate, make
changes, add/subt
ract 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
13

14. 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 14

15. 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. 15

16. Contracts for:
• Landscape/Park Maintenance (1999)
• Janitorial (2006)
• City-wide Tree Maintenance (2008)
• Weed Abatement / Open Space Management
(2008)
• Sound Wall Repair (2008)
16

17. Services Kept In-House:
• Landscape Inspections
• Ball Field Maintenance
• Restroom Cleaning
• Litter Control
• Facility Set-up
• Backflow/Booster Pump Maintenance
• Playground Inspections/Repair 17

18. 1
TWO PART FEEDBACK
FROM 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

19. Outcome-based
contracts explain what
you want as an end
product – not how to get
there.
19

20. 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
20

21. 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 needs
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22. 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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23. 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.
23

24. YOU CAN TEACH AN OLD DOG TO THINK
DIFFERENTLY!
Don’t teach people
what to think but
how to think.
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25. 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.”
25

26. PLEASE DISCUSS AND SHARE IN YOUR CHAT BOX
What are some things
you could measure
as an outcome?
What keeps you from
using outcomes?
26

27. 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?
27

28. 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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29. 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
29

30. 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.
30

31. 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!
31

32. OUR CHALLENGE:
Life isn’t about waiting
for the storm to pass –
it’s about learning to
dance in the rain.
32

33. DISCUSS AND SHARE IN YOUR CHAT BOX:
Who should have input into
your standards?
Who should be allowed to
inspect the work?
33

34. 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
34

35. 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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36. FEEDBACK PLEASE…
HOW STRONGLY DO YOU AGREE WITH
THIS STATEMENT?
“I have learned valuable ideas
that will enable me to develop
more effective contracts.”
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6

37. 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

38. CONTACT INFORMATION
Craig D. Bronzan
Director of Parks and Recreation
City of Brentwood
35 Oak Street
Brentwood, CA 94513
Phone: (925) 516-5365
Fax: (925) 516-5447
Email: cbronzan@brentwoodca.gov
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39. NEXT MONTH’S WEBINAR…
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9
 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.

40. 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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