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HomeMy WebLinkAboutSS04 - Contracting Out of City ServicesCITY OF NEWPORT BEACH STUDY SESSION ITEM NO. 4 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Homer L. Bludau, City Manager DATE: November 13, 2001 SUBJECT: Contracting Out for City Services BACKGROUND: After receiving a letter from Philip Arst (Attachment 1) on how Newport Beach compares to other Orange County cities with regard to contracting out for • services, the Mayor asked that this subject be discussed at a City Council Study Session. Let me preface my written remarks by making a few statements that I feel confident in. One, there is no one right or wrong answer to contracting out issues. The `right' decision lies within each separate community and each separate set of elected officials as to how best to provide City services of a quality that reflects the values of their community. Like most issues, there are pros and cons to contracting out, just as there are pros and cons to providing City services by City employees. It is the weighing and balancing of the tradeoffs which largely determine what is the "right' contracting out answer for each community. All cities do some contracting out of City services. The large percentage of cities provide these services through a combination of contracting out and city employees, as does Newport Beach. The percentage of city budgets devoted to contracted services varies widely. I think it safe to say that Newport Beach contracts for fewer services than most cities. The one service that sets our city apart from others is residential solid waste collection. We are the only city in Orange County which provides that service with City employees. Some cities are heavily into the contracting out of city services, so much so that they are referred to as 'contract cities ". These cities only employ enough city employees to • manage the many contracts they have entered into. For the most part in City Hall • 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92659 -1768 Contracting Out for City Services Page 2 California, these are newer cities which have incorporated after Proposition 13 • and have less property tax revenue than other cities. ADVANTAGES AND DISADVANTAGES OF CONTRACTING OUT: The following is a partial listing, in no particular order, of the advantages and disadvantages involved with the contracting out concept. ADVANTAGES: 1. Reduces overhead and administrative costs —fewer City employees result in fewer support services needed (Human Resources, payroll, vehicle mechanics, etc.). 2. Oftentimes results in economy of scale cost savings— businesses provide one type of service and may be providing it to many contractors so they have low overhead. 3. Reduces personnel and compensation issues — contract personnel are not City employees and aren't covered by Civil Service rules; the City does not have to deal with employee bargaining units. 4. Contracting out provides an opportunity to compare City versus marketplace costs —it also allows for comparisons from several (usually) providers. 5. Contract services employees usually cost less, often due to lower • benefit costs —this is especially true for contract employees involved in manual labor, clerical and "blue collar" workers. 6. Contracting out allows cities to match service needs with financial capability —if a city's revenues were to increase or decrease, it is probably easier to adjust contract service levels to match. 7. Contractor shares liability risks with City for actions of contract employees and may have all the liability for employee negligence. DISADVANTAGES: 1. Difficult not to take low bid —low bidder may provide adequate services, when for a little more, the next bidder could provide much better services. If contracting out for cost savings, the pressure is on to accept the low bid. 2. Some services don't lend themselves to performance standards, making it difficult to write bid documents which quantify work quality. 3. Any work outside of contract will cost extra. 4. Frequency of turnover can be a problem if pay and benefits are low. 5. City only selects the contractor and not the contractor's employees who are representing the City. 6. Possibility of strikes —as was recently experienced within the solid waste hauler industry. • Contracting Out for City Services Page 3 is 7. Uncertain disaster /emergency response from contract employees (coming from home for emergency response) and no way to put the cost of a real response in a contract. 8. Contracting for technical or specific expertise can be more expensive (computer employees, temporary help agencies, planning services, plan checkers). 9. Once a city gets rid of its equipment and personnel and contracts for a service, it largely loses its ability to perform the service if the contract is not satisfactory. ADVANTAGES AND DISADVANTAGES OF PROVIDING SERVICES THROUGH CITY EMPLOYEES: ADVANTAGES: 1. City employees are selected by the organization through a public recruitment process, usually resulting in many selection options in terms of particular skills of candidates. 2. City can impose disciplinary action, including termination, against its employees. 3. Employee longevity is usually greater — particularly true with Newport Beach, which has a very experienced workforce. • 4. Proven capability for responding to emergencies and disasters. 5. Cross training is more easily facilitated; career paths clearly established. 6. Probably easier to develop loyalty, pride and a team feeling when working as a permanent employee for a city. 7. Can be less expensive for technical expertise than contracting. 8. Job stability is often an inducement for private sector workers to take public sectorjobs for less money. (It does happen!) DISADVANTAGES: 1. Generally higher wages than the private sector, especially true of benefits (health, retirement, vacation, etc.). 2. Higher administrative support costs —time spent on personnel related issues can be high. 3. Mandated (State law) negotiations with employee bargaining units. 4. Disciplinary process, appeals, job performance evaluations are time consuming and process centered. 5. Difficulty in having the right number of employees in positions affected by economic cycles. 6. Difficult to get rid of the marginal employee who has made it through their probationary period —the other side of the job security • issue. 7. Ongoing costs associated with retired employees. Contracting Out for City Services Page 4 8. Public perception that city employees are too numerous, too highly • paid and inefficient and that the private sector could always do things better. WHERE WE STAND NOW: The information in Mr. Arst's letter regarding contracting out for City services is out of date and, staff believes, was inaccurate at the time it was prepared by the Los Angeles Times in 1993. It shows that Newport Beach was using private contractors for only three types of services: janitorial, landscape maintenance and tree trimming. To prepare for this study session, staff assembled information on all of the City's contracts for services with private firms and joint powers authorities (JPAs). It is somewhat difficult to decide what should be included as contracting out or "privatizing" services that traditionally have been performed by in -house staff. In building the table that is Attachment 2 to this report, we used the following guidelines in an effort to provide a realistic picture of the extent of privatizing, without including every contract service in the City's budget. • Include things that were done by in -house staff before budgetary cuts caused a shift to contracting, such as landscape maintenance, tree trimming and building maintenance. • • Include things that have been contracted out for many years, but could be done in house if the City chose to maintain a large enough staff with a broad enough diversity of expertise. Included in this category are capital project design, computer software and hardware support, environmental impact reports, and cataloguing and processing library materials. • Exclude capital project construction. • Exclude special projects such as the General Plan update and City Hall needs study. • Exclude things that in -house staff clearly could not or should not do, such as bond refinancing and audits. • Exclude services that are available from only one source, such as sales and use tax administration and fingerprint processing. Our review of current practice shows that the City uses contracts with private firms for 27 major categories of services, for a total of $7.4 million annually. The most significant areas in which contracts are used are street tree maintenance (95 %), landscape maintenance (75 %), building maintenance (50 %), and sidewalk and curb maintenance (25 %). In addition, we are members of four JPAs, and contract with them to provide Police helicopter service, Fire dispatch and training, and hazardous materials response. • Contracting Out for City Services Page 5 • OUR EXPERIENCE WITH CONTRACTING The first major City service contracted out due to budgetary concerns was street tree maintenance in 1994, followed by landscape maintenance in 1995 and 1997, concrete maintenance in 1996, and beach restroom maintenance in 2000. Multi - jurisdiction JPAs began to be used for Fire dispatch and training in 1989, for hazardous materials in 1993, and Police helicopter service in 1992. According to all the Department Directors involved, the City does save money by contracting for these services. Our satisfaction with the quality of service is mixed, however. The City is required to use the low bidder for some private contracts, and we have had the experience of a contractor underbidding a job and then not being able to deliver the service required. Another concern has been the acquisition of small local businesses by larger companies, resulting in the bottom line becoming more important than service, or reduced competition. With JPAs as well, Newport Beach does not always receive the level of service quality we would like, as we are one of several members and must accept the will of the majority. One of our most successful contracting experiences has been for street tree maintenance. Landscape maintenance and restroom cleaning have been problematic, though. In both cases, the first contractors had to be replaced for • non - performance early in the contract, and staff is not satisfied with the current contractors. Frequent inspection by City staff is necessary to ensure that the City is receiving the services for which we are paying. The use of outside consultants for building plan check has decreased delays, but a loss of customer service has been a concern, since the consultants are not available to answer questions from applicants. With regard to JPAs, the Fire Department is very satisfied with training and hazardous materials, but would like a higher level of service for dispatch. The JPA for Police helicopters not only provides good service, but also generates revenue from contract services provided to the City of Santa Ana and the County Sheriff. BRIEF REVIEW OF CITY OPERATIONS AND CONTRACTING OUT POTENTIAL: To further the discussion, I will give my thoughts on contracting out additionally for City services currently provided by City employees. Parentheses reflect current number of permanent/part time employees. 1. City Clerk (3/0) – Requires City and elections experience; high quality services. Potential for additional contracting —none. 2. City Attorney (5/0) – Many cities contract for services; having on- site attorneys is a huge benefit; airport experience; knowledge with • history and culture of organization. Potential for additional contracting —poor. Contracting Out for City Services Page 6 3. City Manager (5/1) – City Manager selected by Council; Assistant • City Managers have expertise in various issues; support staff doesn't lend itself to contracting. Potential for additional contracting —poor. 4. Human Resources (8/0) – Have hired some employees from private sector; knowledge of City rules, procedures, employee benefit plans invaluable; requires stable workforce; contracting could be more expensive; do contract for Workers' Comp and some risk management functions. Potential for additional contracting —poor. 5. Administrative Services (45/9) – Contract out some functions; doesn't readily appear to be advantages to contracting for fiscal services, payroll, revenue, accounting functions; MIS (data processing support) could be contracted but stable workforce a real benefit and contract cost likely to be greater. Potential for additional contracting —poor. 6. Police Department (228/49) – Numerous cities, especially smaller ones, contract with the Sheriff for police services; Newport Beach has excellent police services; officers' longevity a big plus with knowledge of community; don't believe better service could be attained but would realize cost savings with lower level of service through contracting; public safety is our greatest community value and people are willing to pay for it. Potential for additional contracting— medium but not advised. • 7. Fire Department (132/6 +) – Includes fire, emergency medical services and lifeguards; County Fire District the only option; could be accomplished over time; don't believe service level can be improved and probably not duplicated; potential for cost savings. Potential for additional contracting— medium, but not advised. 8. Planning (16/1) – Specialized knowledge of local codes and regulations a necessity; staff stability a big plus; contracting for technical expertise likely to be costlier. Potential for additional contracting —low. 9. Building (25/0) – Building codes very similar in most jurisdictions; detailed knowledge of City and previous City projects a huge plus; employee stability very important; contracting out for some inspection and plan check services done now; contracting likely to be more expensive than City employees. Potential for additional contracting— medium, but not advised. 10. General Services (125/ +) – Currently has more services contracted for than any other department; has potential for further contracting out at the risk of deteriorated services; this workforce is critical for disaster /emergency response; potential for some services to be looked at again. Potential for additional contracting— medium. 11. Community Services (58/50 +) – Has library, senior center, recreation and culture /arts functions; lots of part- timers in recreation • and library; knowledge of community and community's expectations Contracting Out for City Services Page 7 • a real plus; lots of contractors in recreation. Potential for additional contracting —low. 12. Public Works (33/4) – High level of contract work currently being accomplished; potential for contracting out more project planning, inspections and some transportation functions; currently good mix; good in -house capability offers flexibility; knowledge of City's topographical issues a big plus. Potential for additional contracting— medium. 13. Utilities (48/18) – Longevity of personnel a huge benefit during emergency repairs /disasters; excellent functioning department; would be difficult to duplicate quality of services. Potential for additional contracting —low. These thoughts are offered in the context of contracting out potential in addition to what is currently being contracted out. CONCLUSION: The word "unique" can be overused, but Newport Beach is a unique City. It is a City based on quality — quality of life, quality of appearances, a look and feel of quality in all this community represents. It is a community that expects, even demands, excellent services regardless of the service. The challenge for • Newport Beach City Councils and City Managers is to provide a very high quality of services, but do so at a reasonable cost. As stated earlier in this report, the contracting out vs. City employee issue is an issue of tradeoffs. The benefits of contracting out revolve around cost savings and cost efficiencies, although that is not true in all cases. The strength of providing services by City employees revolves around stability and knowledge of workforce, pride, selection of employees and having greater control /influence over the quality of the employees' work products, without it being determined by a contract description. City employees offer greater flexibility for responding to unusual or unforeseen events and circumstances. My knowledge of this community says it is willing to pay a little more for quality service — whether the services be education (successful bond measure), a restaurant, a carwash or cleaners. I believe that attitude carries over to City services. And let me point out, the city residents and taxpayers aren't paying higher property taxes, sales taxes or other taxes because we provide more services through City employees than we do by contracting. Some fees (planning, building) are partly based on employee salaries but in most cases these same services, if provided by contract employees, could easily result in higher fees. Certain services provided by City employees do cost more than would be the cost if provided through contract. I believe the contracting out issue needs to be looked at for on -going opportunities, and I honestly believe this City • has been wise in its determination of which services to contract for, and which to provide itself. Any direction the City Council wants to give the City Manager Contracting Out for City Services Page 8 regarding this issue will be well received. The City Manager recognizes his job • as providing the best day -to -day services possible; given the direction of the City Council and the resources (adopted budget) they provide him. The quality of services, not who provides them, is the most important basic issue in this discussion. The cost element is a part of defining the quality of service. Tradeoffs are a part of that definition also. It is not an easy issue, but it is a very important issue, for how it is decided does have an impact on how our residents view their City government and their quality of life. E • Attachment 1 Philip L. Arst 2601 Lighthouse Lane Corona del Mar, CA 92625 •Mayor Garold Adams Chairman General Plan Update Committee City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Dear Mayor Adams and General Plan Update Committee Members: Your committee is missing a major opportunity to obtain additional funding to run the city. This can be accomplished without increasing traffic congestion and importantly without changing the nature of the city from beach/bay environmental to congested high density metropolitan. That opportunity is to reduce the cost of running the city government. The following facts demonstrate that the current Newport Beach city government operations are considerably less efficient than those of the majority of Orange County Cities: • Newport Beach has the highest revenue per capita ($1453) of any city in OC* • Newport Beach has the highest per capita governmental expenditures of any city in OC *and at $1865 per capita is approximately double the County average of $937 • Newport Beach has among the highest ratios of city employees per capita of any OC city (One employee for every 90 residents vs. a county average of one employee per 200 residents) • Newport Beach is last among OC cities in the amount of services it subcontracts (See • charts * *) The negligible amount of outside services that are presently sub - contracted by the city, mainly park maintenance & tree trimming, resulted in greater than 50% cost reductions while maintaining acceptable service levels. As subcontracting of services is widely and successfully practiced by all other OC cities it is a strong indicator that Newport Beach is not being run as efficiently as other cities. According to an outside study * ** cost reductions through sub - contracting or other efficiency measures have been obtained by government entities without material impacts on city personnel by phasing the changes with attrition, early retirements, transfers, etc. The city should first gets its cost structure in order before recommending via the General Plan Update visioning process that the only course of action for the city is to increase unwanted major office and other commercial operations to build revenues. A professional study by an independently monitored outside consultant is needed to recommend specific functions and amounts of cost reductions that can be obtained via either operating more efficiently or subcontracting some services. The Services as well as other cit, services. The undersigned has no specific recommendations as to which services can be subcontracted. The role of this letter is to point out the great disparity between the operations of the • City of Newport Beach and the majority of other cities in the County. It is the job of the City Manager to use his managerial skills to come up with methods of bringing city operations closer to acceptable efficiency levels without sacrificing current levels of service. It is unreasonable to continue on GPUC studies until the results of the outside consultants cost • reduction study are known and initial implementation of cost reductions have taken place. The opinions expressed in this letter are solely those of the author and do not represent the position of any organization. klt relouncil * Source: League of California Cities — OC Division, excluding electric utility and redevelopment revenues /expenses ** Enclosures: 1.) Private Practice: Business Firms Provide City Services, 2.) Privatized "Major" Services of OC Cities * ** "Privatization & Layoffs: the Real Story" Reason Public Policy Institute, 3/13/01, www.rppi.org * * ** State of Contracting Report, City of Huntington Beach Data has been obtained from an article in the LA Times in 1993 and the League of California Cities (2001.). Unfortunately, the League of California Cities data asked for "major subcontracted services" so a multitude of smaller, but nevertheless significant outside contract services were omitted. For example, the tree trimming & landscape operations of the city of Newport Beach are not included in their report. While the LA Times survey is 8 years old, a check of three cities (Huntington Beach, San Clemente, Placentia) found few differences in reported results. Newport Beach was last in that survey which leads to the inescapable conclusion that the city lags far behind most other OC cities in the efficiency of its operations. Corroboration of the continuing general accuracy of the LA Times article for year 2001 city government operations follows: 1. Rita Mueller, Records Coordinator for the City of San Clemente reported the following sub - contracted services: Police, Fire, Park Maint, Street sweeping, Street striping and marking, Street Maintenance, Street • lighting, Traffic signal maintenance, Fleet services, Refuse, Janitorial and Legal. The main change to the LA Times report is that Refuse Collection has been subcontracted thereby increasing the number of subcontracted services. 2. The City of Placentia reported a few changes to the LA Times data that increased subcontracting for Janitorial services and Landscape Maintenance while they brought Computer services in- house. Otherwise the LA Times report is accurate. 3. City of Huntington_ Beach — see enclosed financial analysis • �Pl K®'.'. Li —7t q, �1 w ' .�i (4 •• •rel U L6. �'I N f N v �' figg W tv zz ri c s ha oa f O V EOy m (," t Fq. EA � O L � � �pjCpxy � q� C C A O � •y � � C vs i S .. $ l 4 Attachment 2 CONTRACT SERVICES AND AMOUNTS Page 1 • • CJ Category Major Contracts and Amounts Total Amount 11 Capital project design $1,995,064 Balboa Blvd., 12th - Medina $231,580 Newport & Balboa Piers 214,216 Irvine Ave. water main 180,240 2 Landscape maintenance $821,800 Tru reen $775,000 Athletic fields 36,000 3 Recycling CR Transfer 750,000 4 Recreation instructors and officials 681,470 5 Tree trimming (West Coast Arborists) 580,000 6 Building maintenance 450,850 Ed Building Maintenance $89,000 A -1 Spinelli (summer restrooms) 32,000 A -1 Bldg Maintenance (Police Department) 61,100 7 Overflow staffing 290,175 Plan check $280,950 Planning 9,225 8 Computer software and hardware support 250,000 HP 9000 $44,450 Database 41,880 9 Claims administration 237,000 Hazelri (Workers comp) $137,000 Carl Warren (General Liability) 100,000 10 Equipment Maintenance (except office Fire station alarms & radios $28,000 167,150 Lifeguard towers 27,000 Tire recapping 20,000 Auto body 20,000 11 Water and sewer line repairs 150,000 Doty Brothers $100,000 Gillespie Construction 50,000 12 Sidewalk and curb maintenance 142,000 C.J. Construction $130,000 13 Investment management 120,000 14 Traffic and environmental studies for capital and private development projects 110,173 Linscott, Law & Greenspan (Hoag Hospital) $44,440 PCR Conexant) $29,350 RBF Consulting (Newport Center Block 600 25,740 Keeton Kreitzer Koll Center) 25,512 The Planning Center (Ba iew Landing Park) 24,900 151 Medical billing 97,000 16 Mooring administration (County of Orange) 80,000 Page 1 • • CJ • u Page 2 TOTALI $7,436,932 Category Major Contracts and Amounts Total Amount 17 Oil well maintenance & operations 79,000 (Sampson Oil Company) $63,000 18 Tax audits Sales, TOT 76,300 19 Labor negotiations (Avery & Associates 57,000 20 CDBG administration 54,000 21 Cataloguing and processing library materials 53,750 22 Traffic signal maintenance 52,000 23 Weed abatement (Southland Landscape Maint 40,000 24 Refuse collection from City facilities CR &R 39,450 25 BID administration 30,000 26 Debt collection 22,400 27 Film liaison 10,350 • u Page 2 TOTALI $7,436,932