HomeMy WebLinkAboutC12-140 Southern Institute on Children and Families • i AGREEMENT BETWEEN EAGLE COUNTY AND Southern Institute on Children & Families This Agreement ( "Agreement ") dated as of this 1 day of Oa/ 2012, is between the County of Eagle, State of Colorado, a body corporate and politic, by and through its Board of County Commissioners ( "County "), and Southern Institute on Children & Families, with a mailing address of 90 -F Glenda Trace, Suite 326 Newman, GA 30265 (hereinafter referred to as "Contractor" or "Consultant" or "SICF "). WHEREAS, the County, through its Department of Health and Human Services ( "HHS "), wants to review current business processes in order to streamline program access; and WHEREAS, County provides various services to Eagle County residents in order to promote health, safety and welfare; and WHEREAS, the use of outside providers enhances the ability of County to promote such health, safety and welfare; and WHEREAS, County wishes to hire Contractor to perform the services outlined in Section 1.1 hereunder; and WHEREAS, County and Contractor intend by this Agreement to set forth the scope of the responsibilities of the Contractor in connection with the services and related terms and conditions to govern the relationship between Contractor and County in connection with the services. AGREEMENT NOW THEREFORE, based upon the representations by Contractor set forth in the foregoing recitals, for good and valuable consideration, including the promises set forth herein, the parties agree to the following: 1. Scope of Services: 1.1 The Contractor will provide the services in the manner more particularly set forth in the attached Exhibit "A" labeled Scope of Services (hereinafter called "Contractor's Services" or the "Services ") incorporated herein by reference. The Contractor's Services are generally described as analyzing the current business process used by County in order to develop improvement strategies to maximize efficiencies in Health and Human Services service delivery model. 1.2 The Contractor shall perform all Services in a timely manner recognizing that time is of the essence. All Services shall be performed and completed no later than December 31, 2012. ��la -lam 1.3 Any revision, amendment or modification of this Agreement shall be valid only if in writing and signed by all parties. Except as may be expressly altered by the amendment, all terms and conditions of this Agreement shall control. To the extent the terms and conditions of this Agreement may conflict with Exhibit "A" or any future exhibits or amendments, the terms and conditions of this Agreement shall control. 1.4 The Contractor agrees that Contractor will not knowingly enter into any arrangement with third parties that will conflict in any manner with this Agreement. 1.5 Contractor has given the County a proposal for performing the Services and represented that it has the expertise and personnel necessary to properly and timely perform the Services. 1.6 Additional Services. Any services in addition to the Services ( "Additional Services ") shall be performed by Consultant only upon the written request of County. Orders for Additional Services shall be acknowledged by County and Consultant in writing, prior to any such work identified as Additional Services is performed by Consultant. Failure by Consultant to obtain written authorization and acknowledgement by County for Additional Services shall result in non - payment for any such Additional Services or work performed. Except as otherwise agreed in writing by Consultant and County, all Additional Services shall be subject to the terms and conditions of this Agreement. County may also by written notice to Consultant make any reasonable reductions to the scope of the Services and the compensation payable to Consultant shall be reduced in a fair and reasonable amount on account thereof. 2. Term of Agreement: 2.1 This Agreement shall commence on the date first above written and subject to the provisions of paragraph 2.2 hereof, shall continue in full force and effect until the Services are satisfactorily completed. 2.2 This Agreement may be terminated by either party for any reason with 15 days written notice, with or without cause. In the event the Contractor files for bankruptcy or is declared bankrupt or dissolves, County may declare in writing that this Agreement is terminated, and all rights of Contractor and obligations of County, except payment of accrued but unpaid fees set forth in Section 2.3 hereof, shall terminate immediately. 2.3 In the event of any termination of this Agreement, County shall pay Consultant for all Services satisfactorily performed, and expenses incurred by Consultant under this Agreement to the date of termination. Concurrent with Consultant's receipt of such payment, Consultant shall sign and deliver to County true and complete copies of Consultant's work product. 2 Agreement between Eagle County and Southern Institute on Children and Families 3. Independent Contractor: 3.1 With respect to the provision of the Contractor's Services hereunder, Contractor acknowledges that Contractor is an independent contractor providing Contractor's services to the County. Nothing in this Agreement shall be deemed to make Contractor an agent, employee, partner or representative of County. 3.2 The Contractor 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 the Board of County Commissioners. 3.3 The Contractor and its employees are not entitled to workers' compensation benefits through the County. The Contractor is solely responsible for necessary and adequate workers' compensation insurance and shall be responsible for withholding and paying all federal and state taxes. The Contractor and its employees are not entitled to unemployment insurance benefits unless unemployment compensation coverage is provided by an entity other than the County. The Contractor hereby acknowledges full and complete liability for and timely payment of all local, state and federal taxes imposed including, without limitation, tax on self - employment income and income taxes. 4. Compensation: 4.1 For the Contractor's Services provided hereunder, County shall pay to the Contractor a fee as set forth in the Contractor's proposal attached hereto as Exhibit "A." Contractor will not be entitled to bill at overtime and /or double time rates for work done outside normal business hours unless specifically authorized to do so by County. Fees for any additional services will be as set forth in an executed addendum between the parties. The compensation agreed to and set forth in Exhibit A shall be paid by County in monthly progress payments equal to the percentage complete for each task performed by Contractor and any pre- approved out -of- pocket travel expenses that are included in Exhibit "A." The compensation for the performance of the Services and allowable travel expenses described in Exhibit A shall not exceed twenty five thousand dollars ($25,000) absent an amendment to this Agreement signed by both parties. 4.2 For reimbursement Contractor must submit invoices by the fifth business day of each month. Invoices shall include a description of services performed. If County is not satisfied with the completeness of a submitted invoice, County may request Contractor to either revise the invoice or provide additional information to explain the insufficiency of the invoice. Fees will be paid within thirty (30) days of receipt of a proper and accurate invoice from Contractor for Contractor's Services. 3 Agreement between Eagle County and Southern Institute on Children and Families All invoices must be mailed or delivered in- person to the following address to ensure proper payment. Invoices sent by fax or email will not be accepted. Eagle County Health & Human Services Business Office 551 Broadway P.O. Box 660 Eagle, CO 81631 4.3 If, prior to payment of compensation or reimbursement for services but after submission to County of a request therefore by Contractor, County reasonably determines that payment as requested would be improper because the services were not performed as prescribed by the provisions of this Agreement, the County shall have no obligation to make such payment. If, at any time after or during the Term or after termination of this Agreement as hereinafter provided or expiration of this Agreement, County reasonably determines that any payment theretofore paid by County to Contractor was improper because the services for which payment was made were not performed as prescribed by the provisions of this Agreement, then upon written notice of such determination and request for reimbursement from County, Contractor shall forthwith return such payment to County. Upon termination of this Agreement as hereinafter provided or expiration of the Term, any unexpended funds advanced by County to Contractor shall forthwith be returned to County. 4.4 Notwithstanding anything to the contrary contained in this Agreement, no charges shall be made to the County nor shall any payment be made to the Contractor for any work done for any period after December 31st without the written approval in accordance with a budget adopted by the Board of County Commissioners in compliance with the provisions of 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: Within the limits allowed by law, Contractor 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 negligent acts or omissions of, or presentations by, the Contractor arising out of this Agreement. This indemnification shall not apply to claims by third parties against the County to the extent that the County is solely liable to such third party for such claim without regard to the involvement of the Contractor. 6. Contractor's Professional Level of Care and Additional Duties: 4 Agreement between Eagle County and Southern Institute on Children and Families 6.1 Consultant shall be responsible for the completeness and accuracy of the Services and any Additional Services, including all supporting data and other documents prepared or compiled in performance of the Services or Additional Services, and shall correct, at its sole expense, all significant errors and omissions therein. The fact that the County has accepted or approved the Services or Additional Services shall not relieve Consultant of any of its responsibilities. Consultant shall perform the Services and Additional 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. Consultant represents and warrants that it has the expertise and personnel necessary to properly perform the Services. Consultant agrees to work in an expeditious manner, within the sound exercise of its judgment and professional standards, in the performance of this Agreement. Time is of the essence with respect to this Agreement. By executing the Agreement, Consultant confirms that the time limitations set forth herein are reasonable period(s) for performing the Services. 6.2 Contractor shall maintain, for a minimum of 3 years, adequate financial and programmatic records for reporting to County on performance of its responsibilities hereunder. Contractor shall be subject to financial audit by federal, state or county auditors or their designees. Contractor authorizes County to perform audits or to make inspections during normal business hours, upon 48 hours notice to Contractor, for the purpose of evaluating performance under this Agreement. Contractor shall cooperate fully with authorized HHS representatives in the observation and evaluation of the program and records. Contractor shall have the right to dispute any claims of misuse of funds and seek an amicable resolution with County. 6.3 Contractor shall comply with all applicable federal, state and local rules, regulations and laws governing services of the kind provided by Contractor under this Agreement. Contractor shall be solely responsible for ensuring proper licensing and credentialing of those providing services under this Agreement. 6.4 Contractor shall comply with the requirements of the Civil Rights Act of 1964 and Section 504, Rehabilitation Act of 1973, concerning discrimination on the basis of race, color, sex, age, religion, political beliefs, national origin, or handicap. 5 Agreement between Eagle County and Southern Institute on Children and Families 7. Notice: Any notice required under this Agreement shall be given in writing by registered or certified mail; return receipt requested which shall be addressed as follows: COUNTY: CONTRACTOR: Eagle County Health & Human Services Southern Institute on Children & Families Nicole Ravenell Edwards, President CEO Rachel Oys P.O. Box 660 90 -F Glenda Trace Suite 326 Eagle, CO 81631 Newman, GA 30265 970.328.8858 803.779.2607 x6 8. Insurance: 8.1 At all times during the term of this Agreement Contractor shall maintain in full force and effect the following insurance: Insurance Type Coverage Minimums • Workers Compensation As required by law • Employers Liability, including $500,000 Occupational Disease • Comprehensive General Liability, including $600,000 per occurrence or as specified in Broad Form Property Damage the Colorado Governmental Immunity Act, whichever is greater • Professional Liability Insurance $500,000 per occurrence 8.2 Contractor shall purchase and maintain such insurance as required above and shall provide certificates of insurance in a form acceptable to County upon execution of this Agreement. 9. Non - Assignment and Subcontractors: Contractor shall not assign this Agreement or employ any subcontractor without the prior written approval of the County Representative, who is designated in Section 7 of this Agreement. The Contractor shall be responsible for the acts and omissions of its agents, employees and sub - contractors. The Contractor shall bind each subcontractor to the terms of this Agreement. The County may terminate this Agreement, if the Contractor assigns or subcontracts this Agreement without the prior written consent from the County, and any such assignment or subcontracting shall be a material breach of this Agreement. 6 Agreement between Eagle County and Southern Institute on Children and Families 10. Jurisdiction and Confidentiality: 10.1 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. 10.2 The Contractor and County acknowledge that, during the term of this Agreement and in the course of the Contractor rendering the Contractor's Services, the Contractor and County may acquire knowledge of the business operations of the other party not generally known deemed confidential. The parties shall not disclose, use, publish or otherwise reveal, either directly or through another, to any person, firm or corporation, any such confidential knowledge or information 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 the other party during the term of this Agreement, and for a period of five (5) years following termination of this Agreement. The parties recognize that the County is subject to the Colorado Open Records Act and nothing herein shall preclude a release of information that is subject to the same. 11. Miscellaneous: 11.1 This Agreement constitutes the entire Agreement between the parties related to its subject matter. It supersedes all prior proposals, agreements and understandings, either verbal or written. 11.2 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 hereof. 11.3 Invalidity or unenforceability of any provision of this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed as if such invalid or unenforceable provision was omitted. 12. Prohibitions on Public Contract for Services: If Contractor has any employees or subcontractors, Contractor shall comply with C.R.S. § 8- 17.5 -101, et seq., regarding Illegal Aliens — Public Contracts for Services, and this Contract. By execution of this Contract, Contractor certifies that it does not knowingly employ or contract with an illegal alien who will perform under this Contract and that Contractor will participate in the E- verify Program or other Department of Labor and Employment program ( "Department Program ") in order to confirm the eligibility of all employees who are newly hired for employment to perform work under this Contract. (a) Contractor shall not: (i) Knowingly employ or contract with an illegal alien to perform work under this contract for services; or 7 Agreement between Eagle County and Southern Institute on Children and Families (ii) Enter into a contract with a subcontractor that fails to certify to the Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under the public contract for services. (b) Contractor has confirmed the employment eligibility of all employees who are newly hired for employment to perform work under this Contract through participation in the E- verify Program or Department Program, as administered by the United States Department of Homeland Security. Information on applying for the E- verify program can be found at: http: / /www.dhs.gov /xprevprot /programs /gc 1185221678150.shtm (c) The Contractor shall not use either the E- verify program or other Department Program procedures to undertake pre - employment screening of job applicants while the public contract for services is being performed. (d) If the Contractor obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien, the Contractor shall be required to: (i) Notify the subcontractor and the County within three (3) days that the Contractor 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 (3) days of receiving the notice required pursuant to subparagraph (i) of 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. (e) 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 established in C.R.S. § 8- 17.5- 102(5). (f) If a Contractor violates these prohibitions, the County may terminate the contract for a breach of the contract. If the contract is so terminated specifically for a breach of this provision of this Contract, the Contractor shall be liable for actual and consequential damages to the County as required by law. (g) The County will notify the office of the Colorado Secretary of State if Contractor violates this provision of this Contract and the County terminates the Contract for such breach. // SIGNATURE PAGE TO FOLLOW // 8 Agreement between Eagle County and Southern Institute on Children and Families IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its Board of County Commission r ATTEST: ✓' ` ?`'�/ Peter F. RunyoTChairman ci 11440 Q Teak J. Simonton, Clerk to . = oat"' Board of County Commissioners ply SOUTHERN INSTITUTE ON CHILDREN & FAMILIES By: _;r „% . I Ida Nicole Ravenell Edwards Title: Q \(1,ef* thick C ED STATE OF SS. COUNTY OF 14cccr4,, The foregoing instrument was acknowledged before me by NI tote- Eduavi,,, this 104 day of LI , 2012. My commission expires: Z zo 1 4 i ‘A Notary Iraine K '' EN R'1"EY Notary Public Heard County State of Georgia My Commission Expires Jun 29, 2014 9 Agreement between Eagle County and Southern Institute on Children and Families • Eagle County Scope of Work Business Process Analysis and Improvement Issue: Decline in budget, new regulations, increase in demand for services and caseloads Plan: Eagle County has implemented some modifications and improvements. The desire is to take the effort to the next level in preparation for managing varied work due to budget declines and workload increases anticipated with health care reform. The county wants to build internal capacity for continuous analysis and improvement. Initial Project Planning and Preparation Hold a conference call to obtain background information such as reviewing improvement activities already begun and reviewing program information. • Clarify project goal and Southern Institute on Children and Families (SICF) role o Identify appropriate Eagle and Pitkin County contact people • Identification and further definition of the problems with the current system/process o Departments to be included: • Economic Services (Food Stamps, Works, Child Care, Child Support, Medicaid, Adult Financial and Leap) • Children, Family and Adult Services (Child Welfare and Adult Protection) • Public Health (WIC, Family Planning, Immunizations, Healthy Aging) • Fiscal and Operations • Others that Eagle County identify • Available data the county has initially gathered o # of applications for each program o # of customer contacts (Economic Services) o # of renewals due for each program o # of clients seen in day, week, month, year (PH) o # of meals and exercise programs offered at three locations (HA) o Active caseload for each program o Approval and denial rate for each program o Reasons for denial/closure /not accepted o Backlogs of applications and renewals o Workforce analysis (staffing allocation) o Current department policies /procedures o Review of worker caseload/client appointment ratios o # of child abuse and neglect referrals received (CW) o # of child abuse and neglect referrals accepted for assessment (CW) o # of child abuse and neglect referrals investigated (CW) o # of child abuse and neglect investigations that are founded o # of children receiving case management services (CW) by type of services o Caseload size by type of case (voluntary, non - voluntary) per caseworker o # of family centered meetings held (CW) 10 Agreement between Eagle County and Southern Institute on Children and Families o # of court- involved cases by caseworker o Time spent per worker, per client conducting monthly face to face visits (CW /APS) o # of adult protection referrals received (APS) o # of adult protection referrals assessed/investigated (APS) o # of adults receiving case management services (APS) • Additional data o Application processing time o Applicant/recipients covered by multiple programs or receiving services from multiple programs o % of caseload by primary language • Improvements /strategies that have been implemented o Identify the impact of the improvement/strategies and measurement used to assess impact o Refocusing staff in some units as specialist vs generalists o Reorganization of agency to better align programs, resources o Realignment of work duties in some units to balance workloads o Caseworkers realigned from generalists to specialists o Use of new technologies for caseworkers to document information and enter into state database including Dragon Speak software, use of laptops in the field. Deliverable(s): • Agenda for onsite training and technical assistance, including meeting locations for visual walk - throughs and staff who will participate • Identification of items and instructions for pre -work for onsite training and technical assistance On -site Training and Technical Assistance SICF will develop and present business process analysis and improvement strategies to be used by staff at Eagle and Pitkin County Human Services. The meeting material will include process improvement methods and concepts, with a focus on Lean and the Model for Improvement. Specific activities include: • Creating a current state and future state value stream map • Visual and physical walk- through of a process • Identifying problems — causes and prioritizing which problems to target • Developing and testing strategies to generate improvements — small scale testing (PDSA) o Learning from positive and negative test results o Importance of sharing lessons learned • Collecting and analyzing data • Analyzing and interpreting test results • Spreading improvements • Sustaining improvements 11 Agreement between Eagle County and Southern Institute on Children and Families Teams should be prepared to perform the following activities: • Visual and Physical walk - through of the Eligibility Process • Visual and Physical walk- through of the Referral/Screening /Case Assignment Process (for CW /APS). • Walk- through participants should include someone who knows and understands each business process from beginning to end. This could be a manager or lead worker. If available, managers who have responsibility for the different departments should participate in the walk- through. o A typical walk - through includes the following: Beginning with signage in the parking lot, on the building and in the lobby Reception Area/Call Screening • Observations: Volume of calls, people, wait time, scheduled appointments or walk -ins accepted, types of questions asked, directions (verbal or written - signs), what is normal and what is the ideal? • CW /APS Observations: Volume and type of referrals (CW and APS), screening process, determination of department's level of response (no action, immediate, 3 day, 5 day). Application/Renewal Interview Process /Screening and Assessment Process • Observations: Questions asked, explanations given, verification/information requested, length of time spent on interview, environment (privacy for interview), is it a joint application? What is the normal interview time of a new application versus a renewal? • CW /APS Observations: Same as above for referral/screening process except "joint application" does not apply. How is case determined as voluntary vs. non - voluntary (court- involved)? How are voluntary vs. non - voluntary cases assigned? What is process for working voluntary vs. non - voluntary cases? Flow of electronic /paper applications /assignment of cases /other case related materials and actions • Observations: Where does the paper trail begin? Process for moving from one step to the next, including time between steps. How long does work remain in one spot before being moved to the next stage? Does this hold up the application process? When is the application recorded in the automated system? • CW /APS Observations: How are accepted referrals assigned to caseworkers? Length of time for assessment/investigation (intake)? How are cases transitioned from intake to ongoing case management? • Ending with the final decision or case closure (CW /APS). Design and review of the current process and plan for the future • Value Stream Map (may include multiple teams working concurrently on different processes within the 12 Agreement between Eagle County and Southern Institute on Children and Families HHS departments (Public Health, Children, Family& Adult Services and Economic Services)) Team Composition • Front line manager for workers • Front line worker, caseworker (at least one, 2 preferred) • Clerical/administrative worker • Clerical manager (desired, not critical if small role in workflow) • Director /manager (person with authority to allocate resources and make decisions) Drawing an Application Value Stream Map A value stream map is a picture of a service from end to end. It is similar to, although not the same as a process map or a flow chart. A value stream encompasses all of the steps in a process, those steps that add value to delivering a service and those steps that do not add value to delivering the service. The value stream is how work flows and it is about the movement of people and information. The major activity of the site visit will be to develop a current and a future state value stream map to guide your work during the upcoming year. The goal of value stream mapping is to learn about your system from the customer's perspective and from the perspective of your colleagues in the system. You will be able to highlight problems to address in developing your future state value stream map. Because a value stream map is a learning tool, do not become paralyzed by searching for the perfect data or designing a perfect value stream map. Although it is not required, it would be helpful if the team could begin thinking about its current value stream map. The instructions for drawing a current state value stream map are below. • 1. The first box to draw is for the applicant who is the supplier of the request for an eligibility determination and also the customer. 2. Next draw the process boxes for application determination (not redetermination). You should have from four to 12 boxes. (You will not need to draw decision diamonds.) 3. Draw an inbox that immediately precedes each process box. 4. Draw arrows for process direction. 5. Draw arrows for information flow. 6. Draw the process as it is, not how it should be. 13 Agreement between Eagle County and Southern Institute on Children and Families o Chunking and problem identification — Teams will use the current state value stream map to review and identify problems Getting to future state • Improvement methodologies o Lean • Identifying and eliminating waste in the process • Improving customer service (internal and external) o Model for Improvement • What are you trying to accomplish • Developing aim statements • Identifying and Testing strategies • Planning and testing strategies (PDSAs) • Measuring results • Analyzing results • Collecting appropriate data • Planning next steps based on results • Spreading success • Who is responsible • Readiness • Communication • Sustaining Improvements Deliverable(s): • Technical assistance and guidance during three full -days onsite • Assessment memo from SICF that includes business process observations, recommendations for improvement and assessment of available data and potential data gaps • Current state process maps prepared by teams • Future state process maps prepared by teams Additional Technical Assistance In addition to this onsite work, SICF will provide continuous technical assistance developing tests, reviewing and analyzing results collecting appropriate data as needed until the end of project period. Whether the continuous technical assistance occurs onsite or remotely will be decided in collaboration with Eagle County and the SICF. Pricing • Initial Project Planning and Preparation (prep and participation) -- $3,600 • On -site Training and Technical Assistance (Prep, onsite time and follow up) -- $11,200 • Additional Technical Assistance -- $5,200 • Travel Expenses -- $5,000 14 Agreement between Eagle County and Southern Institute on Children and Families