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HomeMy WebLinkAboutC08-089AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND VOORHIS ASSOCIATES, INC. FOR THE PROVISION OF CONSULTING SERVICES This Consulting Agreement ("Agreement") dated as this 25t" day of March, 2008, is between the County of Eagle, State of Colorado, a body corporate and politic, by and through its Board of County Commissioners ("County"), and Voorhis Associates, Inc., a consulting firm having its principal place of business in Lafayette, Colorado, with a mailing address of 201 East Simpson Street, Lafayette, Colorado 80026 ("Consultant"). WHEREAS, County desires to assess the allocation and distribution of human resources in the patrol, investigations, detention administration divisions of Eagle County Sheriff's Office so as to give the County a clear picture of staffing and training needs and to provide a staffing and training plan for the Sheriff's Office that will most efficiently provide for the safety and security of Eagle County's citizens, staff and inmates; and WHEREAS, the Consultant is a consulting firm that has extensive experience in conduction staffing studies for local governments, and is willing to provide the services described and set forth more fully in Exhibit "A," attached hereto and incorporated herein by this reference (hereinafter the "Consulting Services"); and WHEREAS, County wishes to hire Consultant to perform the tasks associated with such Consulting Services; and WHEREAS, County and Consultant intend by this Agreement to set forth the scope of the responsibilities of the Consultant in connection with the Consulting Services and related terms and conditions to govern the relationship between Consultant and County in connection with the Consulting Services. NOW, THEREFORE, in consideration of the premises and the mutual covenants and agreements set forth herein, the parties agree as follows: 1. Services Provided: 1.1 The Consultant agrees to provide the Consulting Services to Eagle County in as set forth more fully in Exhibit "A," attached hereto and by this reference made part of the agreement. The Consultant agrees that Consultant will not enter into any consulting arrangements with third parties that will conflict in any manner with the Consulting Services. 1.2 The Consultant will provide the Consulting Services hereunder in Eagle, Colorado or elsewhere as may be mutually agreed. Consultant shall provide and pay for labor, materials, equipment, transportation, and other services necessary for proper execution and completion of the Consulting Services. 1.3 Consultant shall supervise and direct the Consulting Services and shall be solely responsible for coordinating all portions of the Consulting Services. 2. Term of Agreement: 2.1 This Agreement shall commence upon execution of this Agreement by both parties, unless terminated earlier pursuant to the terms herein, and shall continue in full force and effect until all tasks and phases detailed in the Scope of Work have been completed. 2.2 This Agreement may be terminated by either party for any other reason at any time, with or without cause, and without penalty whatsoever therefore. 2.3 In the event of any termination of this Agreement, Consultant shall be compensated for all hours of work then completed, plus approved expenses. 3. Independent Contractor: 3.1 With respect to the provision of the Consulting Services hereunder, Consultant acknowledges that Consultant is an independent contractor providing Consulting Services to County. Nothing in this Agreement shall be deemed to make Consultant an agent, employee, partner or representative of County. Moreover, this Agreement creates no entitlement to participate in any of the Employee Benefit Plans of County including insurance, paid vacation and recognized holidays. 3.2 The Consultant shall not have the authority to, and will not make, any commitments or enter into any agreement with any party on behalf of County without the written consent of a senior management representative of County. 3.3 The Consultant will maintain liability, unemployment and workman's compensation insurance on his/her own behalf, as necessary. 4. Remuneration: 4.1 In consideration of its performance of the Services provided hereunder, County shall pay Consultant for the services as outlined in Section 5 of Exhibit "A," in an amount not to exceed $34,345.00. 4.2 Consultant shall submit to County a progressive invoice no more than once monthly during the course of performing the Consulting Services. Such invoices shall describe the particular tasks performed to date. Upon request, the Consultant shall provide County with such other supporting information as County may request. 4.3 All invoices to County shall reference "Eagle County Sheriff's Office Staffing Analysis" and shall be delivered to Jeff Layman. Proper invoice(s) shall be due and payable within thirty (30) days of their receipt. All payments by County to the Consultant pursuant to this Agreement shall be delivered to the Consultant at the address set forth in the provision on 2 Notices set forth herein. 4.4 County will not withhold any taxes from monies paid to the Consultant hereunder and Consultant agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. 4.5 Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Consultant in respect of any period after December 31, 2008 without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, Title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. §29-1-101 et.seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). 5. Indemnification: 5.1 Within the limits allowed by law, Consultant shall indemnify County for, and hold and defend the County and its officials, boards, officers, principals and employees harmless from, all costs, claims and expenses, including reasonable attorney's fees, arising from claims of any nature whatsoever made by any person in connection with the acts or omissions of, or presentations by, the Consultant in the performance of this Agreement. This indemnification shall not apply to claims by third parties against the County to the extent that the County is liable to such third party for such claim without regard to the involvement of the Consultant. 6. Consultant's Professional Level of Care: 6.1 Consultant shall be responsible for the completeness and accuracy of the Consulting Services, including all supporting data and other documents prepared or compiled in performance of the Services, and shall correct, at its sole expense, all significant errors and omissions therein. The fact that the County has accepted or approved the Consulting Services shall not relieve Consultant of any of its responsibilities. Consultant shall perform the Consulting Services in a skillful, professional and competent manner and in accordance with the standard of care, skill and diligence applicable to consultants, with respect to similar services, in this area at this time. 7. Notices: Any notice to be given by any party to the other shall be in writing and shall be deemed to have been duly given if delivered personally, by facsimile transmission or if sent by prepaid first class mail, and for the purposes aforesaid, the addresses of the parties are as follows 3 If to County: Eagle County Sheriff s Office Attn: Jeff Layman 0885 E Chambers Ave PO Box 359 Eagle, CO 81631 Phone: 970-328-8500 Fax: 970-328-1448 With a copy to: Eagle County Attorney's Office 500 Broadway P.O. Box 850 Eagle, CO 81631 Phone: 970-328-8685 Fax: 970-328-8699 If to the Consultant: Voorhis Associates, Inc. Attn: Gail Elias 201 East Simpson Street Lafayette, CO 80026 Phone: 303-665-8056 Fax:303-665-8059 Notices shall be deemed given on the date of delivery; on the date a FAX is transmitted and confirmed received or, if transmitted after normal business hours, on the next business day after transmission, provided that a paper copy is mailed the same date; or three days after the date of deposit, first class postage prepaid, in an official depositary of the U.S. Postal Service. 8. Jurisdiction and Confidentiality: 8.1 This Agreement shall be interpreted in accordance with the laws of the State of Colorado and the parties hereby agree to submit to the jurisdiction of the courts thereof. Venue shall be in the Fifth Judicial District for the State of Colorado. 8.2 The Consultant and County acknowledge that, during the term of this Agreement and in the course of the Consultant rendering the Consulting Services, the Consultant may acquire knowledge of the business operations of County to the point that the general method of doing business, the pricing of products, the lists of customers and other aspects of the business affairs of County will become generally known and the Consultant shall not disclose, use, publish or otherwise reveal, either directly or through another, to any person, firm or corporation, any knowledge, information or facts concerning any of the past or then business operations, pricing or sales data of County and shall retain all knowledge and information which he has acquired as the result of this Agreement in trust in a fiduciary capacity for the sole benefit of County, its successors and assigns during the term of this Agreement, and for a period of five (5) years following termination of this Agreement. 9. Provision Mandated by House Bi111343: Prohibitions on Public Contracts for Services. 4 9.1 The Consultant shall not knowingly employ or contract with an illegal alien to perform work under the public contract for services; or enter into a contract with a subcontractor that fails to certify to the Consultant that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under the public contract for services. 9.2 The Consultant shall verify or attempt to verify through participation in the Basic Pilot Verification program, as administered by the United States Department of Homeland Security, that the Consultant does not employ any illegal aliens. If the Consultant is not accepted into the Basic Pilot Verification Program prior to entering into a public contract for services, the contractor shall apply to participate in the Program every three months until the contractor is accepted or the public contract for services has been completed, whichever is earlier. Information on applying for the Basic Pilot Verification Program can be found at: https://www.vis-dhs.com\employerregistration 9.3 The Consultant shall not use the Basic Pilot Verification Program procedures to undertake pre-employment screening of job applicants while the public contract for services is being performed. 9.4 If the Consultant obtains actual knowledge that a Subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien, the Consultant shall be required to: i. Notify the Subcontractor and the County within three days that the Consultant has actual knowledge that the Subcontractor is employing or contracting with an illegal alien; and ii. Terminate the Subcontract with the Subcontractor if within three days of receiving the notice required pursuant to subparagraph (i) of the paragraph (d) the Subcontractor does not stop employing or contracting with the illegal alien; except that the Contractor shall not terminate the contract with the Subcontractor if during such three days the Subcontractor provides information to establish that the Subcontractor has not knowingly employed or contracted with an illegal alien. iii. The Contractor shall comply with any reasonable request by the Department of Labor and Employment made in the course of an investigation that the department is undertaking pursuant to its authority. 9.5 If a Contractor violates these prohibitions, the County may terminate the contract for a breach of the contract. If the contract is so terminated, the Contractor shall be liable for actual and consequential damages to the County. 10. Miscellaneous: 10.1 This Agreement constitutes the entire Agreement between the parties related to its subject matter. It supersedes all prior proposals, agreements and understandings. 10.2 This Agreement is personal to the Consultant and may not be assigned by Consultant. 10.3 This Agreement does not and shall not be deemed to confer upon or grant to any third party any right enforceable at law or equity arising out of any term, covenant, or condition herein or the breach thereof. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. ATTEST: COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS Peter F. Runyon, Title: r`i ~~ A~ STATE OF ~ ~o vad o ) SS. COUNTY OF ~ ~~ ) The foregoing instrument was acknowledged before me by ~ ~. S. ~DS~i , this ~ ~a~ day of c.lnr , 2008. My ommissio expires: $ -ZS•• ZO / U No Public 6 County Commissioners ~~(~ ,~ ~ i~CJblJT L VOORHIS ASSOCIATES, INC. Eagle County, Colorado Sheriff s Office Staffing Analysis Proposal Section 2. Technical Approach Section 2. Technical Approach Voorhis Associates, Inc. (VAI) will provide all of the services listed here and will not use any sub-consultants in this work. Changes from the original proposal are written in bold italics. Staffing Analysis Approach This staffmg analysis will focus on the Divisions of the Eagle County Sheriff's Office -Patrol, Investigations, Detention, and Administration. The study will develop and document staffmg patterns and analyze various net annual work hours for job classes that are part of essential staff The project will result in a better understanding of staffmg issues within the Sheriff's Office. VAI will use a post analysis and net annual work hours method to provide the requested staffing analysis. This method is based on the development of two key elements: Staffing Pattern -which identifies by time and location and/or function where staff are assigned to work. Posts are influenced by mission, physical plant, operations and activities, and standards. Patrol staffmg is influenced by their mission, service area, law enforcement practices, and calls for service. Net Annual Work Hours -which identifies the proportion of time that staff are actually available to work. This factor compensates for use of leave, training time, and other factors, such as vacancies, which result in staff not being available to work a post. The following tasks will be required to complete the staffing analysis. Scope of Services Task 1. Confirm Scope, Objectives and Timing At no cost, prior to the initial site visit the consultant will review materials provided by the County to: • Confirm the project time line and develop a schedule for site activities, • Identify County Staffing Team members, • Confirm the County's Project Coordinator, • Identify communication protocols and points of contact, • Confirm report format and electronic submission requirements, • Clarify facilities and job classifications within each to be included in the study, • Clarify any unresolved questions or issues related to the proposal, and • Obtain resource materials for each division or functional area (Patrol, Investigations, March 13, 2008 Page 2.1 Eagle County, Colorado Sheriff s Office Staffing Analysis Proposal Section 2. Technical Approach Detention, and Administration) including: - Staff Work Schedules fora 30 day work cycle. - Current staffmg patterns for each division or functional area studied. - Mission statement for each division or functional area studied, if available. - Floor plans (i.e., fire exiting diagrams which show an entire floor, if architectural plans are not available). - Configuration of housing units, including design and operating capacity by unit. - Work load measures for the last five years (bookings and average daily population by year) by division or functional area and in the aggregate. - Incidents by location in sufficient detail to differentiate between major and minor violations. - Number and duration of transports including court movement, along with number of staff associated with each transport.' - Number of calls for service in sufficient detail to differentiate between emergency and non-emergency calls, as well as single versus multiple unit responses, by hour for Patrol. - Typical/average response time for each call type (emergency and non- emergency). - Documentation of geographic and/or district policing strategy, if applicable. - County maps with patrol areas. - Case management strategies for Investigations. - County population -current and projected growth. - County policies, goals and objectives, particularly those related to personnel policies and practices and organizational structure. - Sheriff's Office policies and operational procedures, particularly those associated with personnel policies, training new hires, including orientation, academy and field training requirements. - Staff leave use for the year 2007 (or comparable fiscal year) for each job classification which is required for 24 hour operations, in an electronic format. - Vacancies by job classification, and the period of time each position was vacant, by division or functional area. - New hires by job classification and eventual placement. - If applicable, union contracts for a1124 hour positions in the divisions or functional areas studied. - Budget, by Sheriff's Office and division or functional areas, for the last five years, showing amounts budgeted and actuals expended. - Data regarding use of Sheriff's Office vehicles including mileage, maintenance costs. VAI staff will review available materials prior to the site visit to see that we are adequately prepared to begin work at the time of the first site visit. We will discuss how to develop materials that may not be immediately available at the initial site visit. This is to estimate manhours associated with transports and courts. March 13, 2008 Page 2.2 Eagle County, Colorado Sheriff s Office Staffing Analysis Proposal Section 2. Technical Approach Project organization is related to successful completion of all objectives. Obtaining resources and materials is linked to the ability to complete these tasks for the Sheriff's Office and County. Task 2. Project Management VAI will organize and manage resources (e.g. staff, communication, materials, initial project set- up, contract issues, financial tracking of contract fee and expenses, etc.) for the staffing analysis to see that the project is completed within the defined scope, quality, time, and cost constraints. Also included is the integration of inputs needed in order to meet the pre-defined objectives of the project. VAI will absorb this cosh Task 3. Conduct Organizational Assessment The issue noted by the consultant in the elected approach, particularly as it relates to correctional and enforcement operations, is that the factors which influence these staffing levels are often less related to the general characteristics of the jurisdiction and more related to the specific nature of specific enforcement and correctional operations. To address this issue, the consultants will develop an analysis of current staffing patterns as a baseline from which comparisons can be made and to which recommendations may be applied. These steps must be done for each division or functional area studied. The purpose of these steps is to gather information about the operation of each division or functional area. This information will be used to develop the post analysis. The information developed in this task will be documented in the agreed upon report format, provided in draft to the Project Coordinator for review, comment and revision. Step 3.1. Define Mission VAI will interview key members of the Sheriff s Office management team to identify the mission of each division or functional area studied. The consultant will focus on integrating the existing mission of the Sheriff s Office into the staffing analysis process. Step 3.2. Analyze Physical Plant/Enforcement Environment In the detention facility, VAI will tour each service area to locate current posts in the physical plant. VAI will differentiate between fixed posts, i.e., control rooms, and non-fixed posts. Any physical plant issues or inefficiencies associated with the posts will be identified. As a part of this process, VAI will identify posts associated with housing units and pods. For enforcement, VAI will review districts in the areas policed by the County. VAI will identify the impact of transportation networks, geography, population centers, and community characteristics. In conjunction with information regarding call volumes and types, VAI will identify posts/cars within the district. March 13, 2008 Page 2.3 Eagle County, Colorado Sheriff s Office Staffing Analysis Proposal Section 2. Technical Approach Step 3.3. Analyze Workload As a part of each area tour, VAI will observe operations at components/locations to confirm how operations are currently carried out. VAI may also need to discuss observations of operations with key management officials to confirm observations. VAI will summarize workload measures by division or functional area, identifying any patterns or issues of note. VAI will rely on the County and Sheriff s Office to provide needed data in electronic form. VAI can provide a format in which data can be collected, if no format currently exists. For Patrol workload measures may include: • Number of incidents handled by personnel during a shift, • Response time to the scene, • Time to handle aresponse /incident, • Use of Sheriff's Office vehicles • Community policing strategies, if applicable, • Isolated workload demands, and • Specialized assignments. The consultant will work with the Project Coordinator to identify appropriate workload measures. Step 3.4. Review Standards and Legal Requirements VAI staff are familiar with the requirements of American Correctional Association Standards for a variety of facility types as well as Commission on Accreditation for Law Enforcement Agencies Standards. VAI staff will meet with Sheriff's Office quality assurance staff to identify known issues related to the staffing analysis, including practices related to training. VAI staff will focus review, discussion and integration of standards on only those standards which have a direct impact on staffing requirements. Step 3.5. Document Current Staff ng Patterns VAI will document current staffing patterns to allow comparison with any subsequent staffing plans developed based on recommendations made by the consultant. The information developed in this step will be documented in the agreed upon report format, provided in draft to the Project Coordinator for review, comment and revision. The post analysis will be done by division or functional area and will include: • All posts staffed by individuals in the job classifications studied, • The shifts on which each post is staffed, • The number of days on which each post is staffed, and • Whether a net annual work hours factor should be applied to each post. March 13, 2008 Page 2.4 Eagle County, Colorado Sheriff s Office Staffing Analysis Proposal Section 2. Technical Approach Step 3.6. Develop Net Annual Work Hours Factor Based upon the information provided in electronic spreadsheet or database format by the County, VAI staff will develop net annual work hours factors for each job classification. This information should be able to be aggregated for the job class as a whole, but it will be important to determine if there are differences among the areas and the potential nature of these differences. The information developed in this step will be documented in the agreed upon report format, provided in draft to the Project Coordinator for review, comment and revision. The net annual work hours factors will be done by job classification and will include: • Identification of contracted work hours by job class, • Average hours/days of leave used by each job classification, • Average hours/days of required in-service training, which may potentially include specialized training requirements associated with specialized assignments, i.e., cell extraction teams, etc., by job classification, and • Average hours/days of break time required by contractual and/or statutory requirements by job classification. The consultants also propose to examine the potential impact of vacancies and new hire training time, since these can adversely impact the net annual work hours factors. This analysis bears a clear relationship to overtime utilization. In the course of this analysis, VAI staff will note issues within the these factors which require action and/or options for increasing the efficiency of the factor used. Task 4. Develop Proposed Staffing Patterns This task is the outcome of the previous tasks. Based upon the information surfaced, VAI staff will develop proposed staffing patterns for each division or functional area. The information developed in this task will be documented in the agreed upon report format, provided in draft to the Project Coordinator for review, comment and revision. T'he post analysis will be done by area and will include: • All posts staffed by individuals in the job classifications studied, • The shifts on which each post is staffed, • The number of days on which each post is staffed, • Whether a net annual work hours factor is required at each post or if desired coverage could be achieved by other means, • Changes proposed to current staffing patterns, including potential posts which may be combined and/or collapsed, • Changes proposed to practices related to training, • Prioritization of posts in relationship to safety and security criteria. This should generate potential minimum and optimum staffing levels. The minimum staffing level will allow the division or functional areas to operate safely and securely for public, staff and inmates in Corrections. The optimum staffing level will allow furtherance of the mission and address any additional staffing requirements identified through the accreditation March 13, 2008 Page 2.5 Eagle County, Colorado Sheriff s Office Staffing Analysis Proposal Section 2. Technical Approach process, and The application of the net annual work hours factor. Task 5. Develop Recommendations and Implementation Strategy To this point, project tasks have focused on surfacing information and issues. In Task 5. Develop Proposed Staffing Patterns, the consultants identified potential changes to the staffing pattern and/or net annual work hours factors. These issues do not occur in a vacuum. For this effort to be meaningful, recommendations need to be implemented and implementation will require the support of the interested stakeholders. Each of the elements of the staffing analysis have been provided in draft, been reviewed and modified. The goal of this task is to develop recommendations for action which can be included in the final report, which will allow the County to chart its progress toward these objectives. It is also important to note that these changes may require a multiple year effort. VAI proposes to facilitate a staffing analysis work session including all members of the Project Team and other key stakeholders identified by the County. The focus of this work session will be to: • See all team members understand the staffing analysis process. • Develop an agreement regarding the report's findings. • Identify actions which can be taken to enhance operating efficiency while providing for the safety and security of the Eagle County citizens, staff, and inmates. • Build actionable recommendations for the implementation of the staffing study. • Link recommendations to milestones which may have been previously identified in the report or which may be generated at the work session. Task 6. Finalize Staffing Report Based on the outcome of previous tasks and previously received review comments on all document drafts, VAI will develop the Final Staffing Analysis. VAI will finalize the document and provide presentation materials for the County's use. March 13, 2008 Page 2.6 Eagle County, Colorado Sheriff's Office Staffing Analysis Proposal Section 5. Work Plan Proposed Work Plan The following revised work plan provides an estimate of hours required to complete the clarified scope of services identified in this proposal. This work plan assumes that Eagle County Sheriff s Office staff will be provide the necessary data, as stated in the Request for Proposal. Hours Task Subtask Princlpal Assoclate Total 1. Confirm Scope, Objectives and Timing 0 0 0 2. Project Management 0 0 0 3. Conduct Organizational Assessment 3.1 Define Mission 4 0 4 3.2 Analyze Physical Plant/Enforcement Environment 60 2 62 3.3 Analyze Workload 60 2 62 3.4 Review Standards and Legal Requirements 4 0 4 3.5 Document Current Staffing Patterns 16 0 16 3.6 Net Annual Work Hours Factor 40 2 42 4. Develop Proposed Staffing Patterns 24 0 24 5. Develop Recommendations and Implementation Strategy 8 0 8 6. Finalize Staffing Report 8 2 10 Total Hours 224 8 232 Hour Rates $ 145 $ 60 Subtotal Fees $ 32,480 $ 480 $ 32,960 Subtotal Travel Expenses $ 1,000 Subtotal Miscellaneous Expenses $ 385 Total Fee and Ex enses $ 34,345 Reimbursable Expenses are included in the pricing above and include actual expenditures made by the Consultant's employees and Consultants in the interest of the Project which may include any, or all, of the expenses listed below: • Travel Expenses -includes privately operated vehicle mileage to/from the project site, gasoline, etc. • Living Expenses in connection with travel -includes lodging and meals • Long Distance & FAX Communications • Reproduction & Duplication of Final Documents • Postage, Express Mail and Handling of Documents • Data Processing and Photographic Production Techniques • Additional Insurance Coverage or Limits (including Professional Liability Insurance), required by the County. The pricing above includes up to two site visits over a period of four months. During the site visits, the consultant will gather information, conduct interviews and meetings, participate in presentations and other activities needed to carry out the scope of services. Each site visit will typically be two days in duration. To maximize efficiency, the first site visit is planned for three days and the final site visit is planned for one day. March 13, 2008 Page 5.2 Eagle County, Colorado Staffing Analysis Proposal Section 5. Work Plan Sheriff's Office Travel Expenses Per Trlp Cost Comment Per Diem $ 360.00 2 days @$180 - $40 (food) and $140 (lodging) POV Mileage $ 140.00 280 miles @$.50.5/mile Subtotal $ 500.00 Trips 2 2 consulting trips Subtotal Travel $ 1 000.00 Monthly Expenses Per Month Comment Copies $ - all correspondence will be electronic Telephone $ 25.00 Postage, quick mail $ - all correspondence will be electronic Subtotal Per Month $ 25.00 Project Duration 4 months Subtotal Monthly $ 100.00 Final report Copies $ 250.00 10 copies @250 pages @$.10 per page Binding $ 35.00 10 copies @$3.50/copy Subtotal final Document $ 285.00 Subtotal Miscellaneous $ 385.00 The consultant would approach each of the tasks as a fixed fee contract. Fees are negotiable based on clarification or modification of the scope of services. March 13, 2008 Page 5.3