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HomeMy WebLinkAboutC12-328 Silver Street Consulting AGREEMENT FOR CONSULTING SERVICES BETWEEN EAGLE COUNTY, COLORADO AND SILVER STREET CONSULTING, LLC. THIS AGREEMENT ( "Agreement ") dated as of this , 7T day of Oat , 2012, is between the County of Eagle, State of Colorado, a body corporate and politic, (hereinafter "County "), and Silver Street Consulting, LLC a Colorado limited liability company with a mailing address of 0023 Silver Street, Edwards, CO 81623 ( hereinafter "Consultant "). RECITALS WHEREAS, the County desires to contract with a Consultant to assist in the development of a Public Health Improvement Plan; and WHEREAS, Consultant has represented that it has the experience and knowledge in the subject matter necessary to carry out the Services (defined below) outlined in Section 1.1 hereunder; and WHEREAS, County wishes to hire Consultant to perform the tasks associated with the 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 Services and related terms and conditions to govern the relationship between Consultant and County in connection with the Services. AGREEMENT NOW THEREFORE, based upon the representations by Consultant set forth in the foregoing recitals, for good and valuable consideration, including the promises set forth herein, the parties agree to the following: 1. Services Provided by Consultant: 1.1 The Consultant will provide the following consulting services to aid Eagle County Public Health in the development of a Public Health Improvement Plan: 1) conduct strategic planning meetings with subject matter experts and public health staff to define and clarify chosen community health priority areas and identify evidence -based strategies; 2) Produce a community health assessment report using data from quantitative and qualitative reports and surveys provided by ECPH; 3) Conduct a capacity assessment; and 4) Produce a written Public Health Improvement Plan, all as more fully set forth in Exhibit A (collectively hereinafter called "Services" or "Consulting Services ") . 12 The Consultant agrees that Consultant will not knowingly enter into any consulting arrangements with third parties that will conflict in any manner with the Consulting Services. 1.3 Consultant has given the County a proposal (see Exhibit A) for performing the Services and represented that it has the expertise and personnel necessary to properly and timely perform the Services. 2. Term of Agreement 2.1 This Agreement shall commence on the date first set forth above and Services shall be performed within the time frames set forth in Exhibit A unless otherwise agreed between the parties in writing. Subject to the provisions of Section 2.2 hereof, this Agreement shall continue in full force and effect until the Consulting Services have been fully performed, or until the Agreement is otherwise terminated in accordance with Section 2.2 herein. 2.2 This Agreement may be terminated by either party for any reason with 15 days written notice, 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 incurred costs and 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 the County. Nothing in this Agreement shall be deemed to make Consultant an agent, employee, partner or representative of County. 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 the Board of County Commissioners. 3.3 The Consultant will maintain (i) unemployment and workers compensation insurance as required by law; (ii) general liability insurance with limits of $600,000; and (iii) automobile insurance with limits of $600,000. 4. Remuneration: 4.1 For the Consulting Services provided hereunder, County shall pay to the Consultant as follows: Consultant will bill County hourly based upon a rate of $100 per hour as set forth in Exhibit A. Further, Consultant may bill County up to one hundred dollars ($100) for office supplies. Consultant shall submit invoices to County on a monthly basis. The total contract amount for Services to be performed hereunder and office supplies shall not exceed eleven thousand one hundred dollars ($11,100). Invoices shall be addressed to: Jennifer Ludwig, Public Health Director, PO Box 660, Eagle, CO 81631. Consultant will not be entitled to bill at overtime and/or double time rates for work done outside of 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. Fees will be paid within thirty (30) days of receipt of a proper and accurate invoice from Consultant respecting Consulting Services. The invoice shall include a description of Services performed. Upon request, Consultant shall provide County with such other supporting information as County may request. 4.2 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. 4.3 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 Consultant in excess of the amount for any work done without the written approval in accordance with a budget adopted by the Board in accordance with provisions of the Colorado Revised Statutes. Moreover, the parties agree that the County is a governmental entity and that all obligations beyond the current fiscal year are subject to funds being budgeted and appropriated. 5. Ownership of Documents: All documents (including electronic files) which are obtained during or prepared, either partially or wholly, in the performance of the Services shall remain the property of the County and are to be delivered to County before final payment is made to Consultant or upon earlier termination of this Agreement. 6. Indemnification: 6.1 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 negligent acts or omissions of, or presentations by, the Consultant in violation of the terms and conditions 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. 7. Consultant's Professional Level of Care: 7.1 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. 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. 8. No Assignment: The parties to this Agreement recognize that the Consulting Services to be provided pursuant to this Agreement are professional in nature and that in entering into this Agreement County is relying upon the professional services and reputation of Consultant. Therefore, Consultant may not assign its interest in this Agreement, including the assignment of any rights or delegation of any obligations provided therein, without the prior written consent of County, which consent County may withhold in its sole discretion. Except as so provided, this Agreement shall be binding on and inure to the benefit of the parties hereto, and their respective successors and assigns, and shall not be deemed to be for the benefit of or enforceable by any third party. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Agreement. 9. Notices: 9.1 Any notice and all written communications required under this Agreement shall be given in writing by personal delivery, facsimile or U.S. Mail to the other party at the following addresses: (a) Eagle County Public Health Director 551 Broadway PO Box 660 Eagle, CO 81631 Telephone: 970 - 328 -8819 Facsimile: 855 -848 -8829 with a copy to: Eagle County Attorney's Office 500 Broadway PO Box 850 Eagle, CO 81631 Telephone: 970 - 328 -8685 Facsimile: 970- 328 -8699 (b) Consultant: Silver Street Consulting, LLC. 0023 Silver Street Edwards, CO 81632 Telephone: 303 - 908 -4577 Email: Silverstreetconsulting @gmail.com 9.2 Notices shall be deemed given on the date of delivery; on the date the facsimile 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 depository of the U.S. Postal Service. 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 Consultant and County acknowledge that, during the term of this Agreement and in the course of the Consultant rendering the Consulting Services, the Consultant 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. Any such information must be marked as confidential. 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. 112 In the event of a conflict between the terms of this Agreement and Exhibit A the terms of this Agreement shall control. 113 Consultant shall not retain any sub - consultants to perform any of the Services without written approval of County. 12. Prohibition on Public Contracts for Services: If Consultant has any employees or subcontractors, Consultant 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, Consultant certifies that it does not knowingly employ or contract with an illegal alien who will perform under this Contract and that Consultant 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. Consultant shall not: (i) Knowingly employ or contract with an illegal alien to perform work under this contract for services; or (ii) 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. B. Consultant 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 Consultant 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 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 Consultant 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 Consultant 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 Consultant 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 Consultant 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 Consultant violates this provision of this Contract and the County terminates the Contract for such breach. 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 COUNTY MANAGER y: Keith ontag, Count anager SILVER STREET CONS LTIN LC :"r �s aker Ryan /a/napot---/ Title: STATE OF COLORADO ) t County of 'C_ c, \ ss The foregoing was acknowledged before me this `ems day of 0 / 2 — by Jill Hunsaker Ryan of Silver Street Consulting, LLC Witness my hand and official seal. My commission expires: �'r`�- Zu 1 ao Notary Pub is CARRIE SHEPARD Notary Public State of Colorado My Commission Expires June 04, 2016 0023 Silver St. Edwards, CO 81632 Phone: (303) 908 -4577 E- Mail: SilverstreetconsultingMgmail .com Web: www.silverstreetconsulting.net Response to RFQ: Eagle County Public Health Public Health Improvement Plan Ag htik. Revised: September 25, 2012 August 23 2012 SRN Page 2 1. General Approach to the Project: Silver Str; et Consulting (SSC) will work collaboratively to carry out Eagle County Public Health's (ECPH) vision for the completion of a public health improvement plan, and associat;-d reports that will be incorporated into the plan. The Principal of Silver Street Consulti g, Jill Hunsaker Ryan, is in expert in the State's CHAPS (Colorado Health Assessment and Planning System) process, and will make sure that final work products meet the se guidelines. For activities or work products where the process or outcome may not yet be clear, SSC can advise and /or facilitate a discussion around these items. As part of the work plan, the number of hours for activities under each task is provided. These an an estimate. If a contract is received, SSC will not exceed the total number of hours •rovided in this bid, but may move hours between tasks. If more hours are needed o finish the project to SSC's high standards, they will be provided as an in kind donatio . If fewer hours are used that what is proposed, ECPH will not be billed for them. Work Plan: TASKS I - IV Task I- Write a Community Health Assessment Report SSC will use the data and information collected by Eagle County Public Health, and organize it into a community health assessment (CHA) report, in an ECPH- approved format. f he report can include an executive summary in the same or different format, depending the on the audience. The report will illustrate county demographics and health indicators in an easy -to understand manner, and in a way that these data can be tracked over time. Trend data will be included when appropriate. The report is anticipa to be fairly short with the data synthesized and summarized. If Eagle County determines that other types of quantitative data would enhance the report, SSC can work with the Colorado Department of Public Health and Environment to obtain it A summary of the community health assessment will be included in the public health improvement plan TASK I TIMELINE: Octoberl - November 5, 2012 Meet with ECPH Review Data Write Resort and Summa Number of Hours: 28 August 23, 2012 SILVER STREET CONSULTING LLC Page Task II - Conduct a Public Health System Capacity Assessment SSC will facilitate the public health agency's leadership team through a process to identify strengths and gaps in the public health system's capacity. The group will use Eagle County's capacity assessment results from the Public Health Alliance as a foundation. SSC can also compare the staffing patterns of ECPH with other public health departments across the U.S. that have a similar population size, should the agency request this. This information is available through a publication by the National Association of City and County Health Officials. The format will be one 3 -4 hour meeting. General questions that could be asked include: • Do the levels of service within the community match the needs identified in the community health assessment? Given the levels of service and need, are there are any resources that can be shifted? Given the 2008 Public Health Act, are there new services that the county desires to take on in an assurance role? Are there services that the county is providing that are better provided by another community partner? What is the county's vision for the type of capacity the public health system should have by the end of the five -year plan? A capacity assessment report will then be written and incorporated into the public health improvement plan. TASK II TIMELINE: October 2012 Plan then Facilitate Meetin•• Write Resort ef Number of Hours: 14 Preparation: 4, Meeting: 4, Report: 6 August 23 2012 S = vER S° RE l :. * : : 4 Si L rj 05 L L.' Page 4 Task III - 'Conduct Strategic Planning Meetings SSC will f Ilow the methodology laid out by Eagle County, to include the facilitation of one stra egic planning meeting with community partners, for each identified priority area: Access to care Alcohol and other drugs Chronic Disease Prevention Rddon SSC will eet with the ECPH before each strategic planning meeting to discuss participmnts, develop an agenda, and determine work that needs to occur ahead of time. SS can research and propose evidence -based strategies if desired. At the conclusi.n of each process, a strategic plan for the priority will be drafted that can include . uch items as: scope, goals, objectives, evidence -base strategies, partner roles and res. onsibilities, activities, a timeline, and a system for follow up to determine progress As the process is occurring, SSC will assure the coordination of priority area strategic plans, especially where there are overlapping participants in lead roles, includin4! Eagle County Public Health. As a final step, SSC will incorporate the priority area strip tegic plans into the PHIP, in a format approved by Eagle County, and in accord. nce with the State's CHAPS guidelines. TASK III TIMELINE: October 2012 - December 2012 x Plan in Oct; Mtgs Nov - Dec 14th Number of Hours: 44 F'rparation: 5 hrs p ;priority area (inlcluding meetings with ECPH) = 20 Meetings: 1 meetings per priority area, 3 -5 hours in length = 16 Write up individual strategic plans: 8 hours J . August 23, 2012 SILVER STREET CONSULTING. LLC Page 5 Task IV- Write a Public Health Improvement Plan As stated in the RFQ, Silver Street Consulting will write Eagle County's Public Health Improvement Plan using guidance from both CHAPS and ECPH. The Plan can either contain the completed work products of the community health assessment, capacity assessment, strategic plan and key informant interviews, a summary of these items, or a combination of both. The contractor can research plans by other counties to help ECPH determine the format it wishes to use. An executive summary can be provided in the same or different format. TASK IV TIMELINE: December 2012 Number of Hours: 24 ECPH Meetings: 2, Writing: 18, Executive Summary: 4 2. Experience Jill Hunsaker Ryan, MPH, is the Principal of Silver Street Consulting, LLC (SSC) a community planning and research firm located in Edwards. SSC began in 2009 and provides four basic services: needs assessment, strategic planning, grant writing and program evaluation. Clients include the fields of public health and environmental health, environmental sustainability, health care, emergency care, and law enforcement. Ms. Ryan is the only employee of SSC, although the firm has a variety of subcontractors. For this proposal, subcontractors will not be used. Ms. Ryan is an expert in the public health field, including the areas of community health assessment, strategic planning, and public health improvement planning. Ms. Ryan was co- developer of the Colorado Health Assessment and Planning System (CHAPS) at the Colorado Department of Public Health and Environment, particularly in the areas mentioned above, plus strategy selection and issue prioritization. Ms. Ryan has provided corresponding technical assistance to numerous counties on behalf of CDPHE, including Eagle County. Ms. Ryan has conducted numerous assessments and plans, each with a report as the Y p - p end product. A list of these is on the attached resume. Each report included both qualitative and quantitative data. Some also included goals, evidence -based strategies, priorities and recommendations. Ms. Ryan has also facilitated a strategic August 23 2012 iii. .VP S IIR - '. N f LL ; '_C Page 6 planning process with the state Maternal and Child Health Program, Weld County Department of Public Health and Environment, the Eagle Valley Alliance for Sustainalbility, and the Eagle River Youth Coalition and its partners. Ms. Rya is the past Director /Manager of Eagle County Public Health and led the develop ent of the county's public health improvement plan in 2007. Ms. Ryan also led the evelopment of the state's first public health improvement plan in 2000. Ms. Ryan wa the primary author of both plans. Additionally, both the state and local PHIPs involved multiple partners in the roles of advisory committee participants, key informa is and lead agencies on priority issues. Ms. Ryan has lived in the Eagle County commu ity for eight years and is very familiar with community organizations and potentia partners. She can help the county identify non - traditional partners, if desired. For more information on experience, please see attached resume. 3. Practice and Procedures: The scose of work (i.e., this proposal, with any agreed -upon changes) will be conside -d the general work plan. SSC will meet with ECPH before beginning any project t• understand in detail what the agency envisions in terms of both process and product SSC will provide monthly progress reports with its invoices, and a draft of all work pr•ducts to ECPH for feedback, prior to providing a final document. Also, SSC requests the use of ECPH administrative staff for activities such as copying, assembling packets •nd reserving rooms. Time for these activities is not included in this bid. All documents will be provided in the following formats: Word or Excel and a PDF. If the county ishes to have any documents designed for printing, SSC will work with ECPH's designe if needed, at no charge. 4. Budget: Silver Str et Consulting is requesting $15,000. This will mostly cover the cost of Ms. Ryan's ti e at $100 per hour. In addition, a small amount of funds are requested for office su plies such as ink, flip charts, interview pads, name tags, etc. Mileage will be paid by SC. Line Item Unit Total Jill Hunsaker Ryan, MPH $100 per hour x 110 hours $11,000 Office Supplies N/A $100 TOTAL $11,100 August 23, 2012 SILVER STREE' L TI LL Pagel 5. References: Kathleen Matthews, Director, Office of Planning and Partnerships, Colorado Department of Public Heath and Environment, (303) 692 -2361 Michelle Hartel Stecher, Executive Director, Eagle River Youth Coalition, (970) 949 -9250 Shirley Ritter, Executive Director, Kids First, Pitkin County; Board Member, Rural Resort Region Early Childhood Council, (970) 920 -5370 Gaye Morrison, Director, Communication, Education and Planning, Weld County Department of Public Health and Environment, 970 - 304 -6470 ext. 2380 6. Familiarity with Eagle County: Ms. Ryan is a resident of Eagle County and is very integrated with the non - profit, business, and governmental sectors from being the past Public Health Director, conducting the Eagle County Public Health Improvement process, sitting on the county's Planning Commission, and having many local clients through Silver Street Consulting. Ms. Ryan has contacts within the following sectors: • Municipal Governments • Youth Serving Non - Profits • Public Safety (law and fire) • Business • Hospital • Primary Care • Ambulance Districts • Planning and Zoning In addition, because Silver Street Consulting has performed many needs assessments and program evaluations within the county, Ms. Ryan is very familiar with Eagle County data, the services of many local health programs, their strategies and effectiveness.