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Home My WebLink About041315_ca04RAI 615 Sheridan Street Port Townsend, WA 98368 www.JeffersonCountyPublicHealth.org Consent Agenda March 10, 2015 JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS TO: FROM: DATE: SUBIECT: AGENDA REQUEST Board of County Commissioners Philip Morley,, County Administrator Jared Keefer, Director Linda Atkins, Environmental Health Specialist III I 2_0I 1 1-3 Synergetic Consulting Group, Inc; March 9, 2015—June 19, 2015; $35,500 STATEMENT OF ISSUE" Jefferson County Public Health, Water Quality, requests Board approval of the Professional Services Agreement, Synergetic Consulting Group, Inc.; March 9, 2015 - June 19, 20151; $35,500. ANALYSTS DUALS PRO'S and CON'S: This contract engages Synergetic Consulting Group, Inc. to develop and implement a database with the ability to store comprehensive water quality data generated by JCPH and its partners. The database will be accessible at desktop workstations via the JCPH intranet. The proposed database has the capability to interface with ESRI products mapped in ArcG,IS. This database will support planning and effective water resource management in the protection of Jefferson County water and waterways by facilitating analysis and reporting on water quality and septic monitoring. FISCAL IMPACT COST BENEFIT ANALYSIS: This Professional Services Agreement is funded by EPA DOH Consolidated Contract 017112. RECOMM.ENDATIOW, JCPH management request approval of Professional Services Agreement, Synergetic Consulting Group, Inc; March 9, 2015 –June 19, 2015; $35,500. R ip Morley ,° Administrator) Date ---------- Community Health oevelopmental Disablifies 360-385-9400 360-385-9401 (f) zmw=1�101 Environmental Health Water Quality 360-385-9444 {f) 360-379-4487 PROFESSIONAL SERVICES AGREEMENT Between JEFFERSON COUNTY and Synergetic Consulting This Agreement is entered into between the County of Jefferson, a municipal corporation, hereinafter referred to as "the County" and Synergetic Consulting, hereinafter referred to as "the Contractor" in consideration of the mutual benefits, terms, and conditions hereinafter specified. Section 1. Designation The County, on behalf of the Jefferson County Public Health, acting in compliance under the Agreement with Synergetic Consulting, in agreement with the terms and conditions outlined therein hereby contracts with the Contractor who will perform duties as described in Exhibit A. Section 2. Term This Agreement shall commence on March 9, 2015 and continues through June 19, 2015 unless terminated as provided herein. The agreement may be extended beyond June 19, 2015 upon mutual written consent of the County and the Contractor. Section 3. Scope of Agreement The Contractor agrees to perform the services and specific duties, identified on Exhibit A. The Contractor shall provide reporting in a manner consistent with Section 10. A. Scope Changes As part of Synergetic Consulting's Project Management methodology, when the scope of a project changes in any measurable way, the assigned Project Manager will complete a Scope Change document. The document will outline the nature and impact of the proposed scope change on the overall project. Before any work towards the Scope Change is started, an authorized Client Representative must sign off on the Project Change Order, acknowledging the potential time and/or cost impact on the project caused by the Scope Change. Section 4. Compensation The Contractor shall be paid by the County for completed work and for services rendered under this Agreement as follows: Synergetic Consulting A. Payment for the additional work beyond the original scope-of-work provided by the Contractor shall be invoiced at the rate of $125 hour from March 9, 2015 to June 19, 2015. B. Normal terms have all invoices due and payable within 30-days from the date of the invoice. If the account exceeds the 30-day term on undisputed amounts and the County is unable to commit to payment within a reasonable period of time, an interest of 1.5% per month shall be applied to the outstanding delinquent amount and the project or services may be placed on hold until the account is brought current. The Contractor offers a Quick Pay Discount of 2% if an invoice is fully paid within 15 days. As a courtesy, they use a check's postmarked date to identify the payment date. C. The payment terms for this project include Deliverables with progress billings for the three project phases, on net 30 day terms. These Deliverables are: 50% ($14,000)lnstallation of OpenFACILIS with the WQD process type and related items 25% ($7,000) Go-live Acceptance of the installed WQD process type 25% ($7,000) Final Acceptance (30 days from "Go Live" date) D. Work Day The standard eight-hour work days are Monday through Friday, between 8 am and 5 pin Pacific time. Time and a half (1.5) times the normal rate is charged for early mornings, evenings, weekends, holidays, or overtime. The Contractor time is billed at quarter hour increments. E. Off-Site/Remote Work Off-Site/Remote work is performed by the Contractor in their offices on the County project, and includes phone meetings, phone support, support via electronic chat, email support, development work, and remote support and development. F. On-Site Visits If on-site visits are required they will be scheduled with the County and it is the County responsibility to insure that all needed personnel are available for the on- site visit. On-site visits are billed per person, per local 8-hour workday. Time and a half (1.5) times the normal rate is charged for early mornings, evenings, weekends, holidays, or overtime. There is a two eight-hour day minimum (2 x 8 x $150 = $2,400) for on-site visits. Synergetic Consulting If the County needs to change the schedule for on-site visits, 14 days advance notice must be provided to Synergetic Consulting, Travel costs are charged separate as noted in the next section. G. Travel Expenses For any on-site work, out of the Reno-Sparks, Nevada area, or if specialists are required to travel to the Reno/Sparks area for this project, the Client will be billed for the applicable actual airfare, ground transportation, lodging costs, and $65 per- them per day for each Synergetic Consulting staff member required on-site. Traveling time is normally charged at $50 per hour, for each Synergetic Consulting staff member required on-site. The Contractor will use their best efforts to find the most economical pricing for all travel costs. Note: No travel or on-site visits from Reno-Sparks, NV are expected or proposed with this project. H. The Contractor may submit invoices to the County for work completed to date. The County will review such invoices, and upon approval thereof, payment will be made to the Contractor in the amount approved. To insure prompt payment, invoices must be received by the 5" (close of business day) of the month. 1. The County will make final payment of any balance due the Contractor promptly upon its ascertainment and verification after the completion of the work under this Agreement and its acceptance of the work to be performed under this Contract by the County. J. The Contractor records and accounts pertaining to this agreement are to be kept available for inspection by representatives of the County and state for a period of six (6) years after final payments. Copies shall be made available upon request. K. Contractor shall be entitled to compensation according to this Section 4 for work for services rendered after the Agreement commencement date but before the parties execute this Contract. L. In no event shall total compensation to the Contractor exceed $35,500 without prior written amendment of this agreement. Section 5. Ownership and use of documents The County and Contractor acknowledge and agree that the County shall maintain proprietary ownership of all materials (documents, computer files, drawings, specifications, data) produced by the Contractor in connection with the services rendered in this agreement. The Contractor shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with the Contractor's endeavors. If applicable, any information or data deemed confidential by the County shall not be retained by the Contractor. Synergetic Consulting 3 A. Source Code Licensing and Ownership. The software source code used in the Water Quality Database (WQD) is licensed only. All ownership rights remain with Synergetic Consulting. The standard (non- customized) portions of the OpenFACILIS and other products that are utilized in the implementation of the County's portal will be licensed to the County on a non- exclusive basis for use in any way within the County organization. The County license includes unlimited use within your organization, but not selling or giving it away. The portion of the Water Quality Database portal created specifically for the Jefferson County will be the property of the County. Section 6. Compliance with laws The Contractor shall, in performing the services contemplated by this agreement, faithfully observe and comply with all federal, state, and local laws, ordinances and regulations, applicable to the services to be rendered under this Agreement. Section 7. Con fidentiali!y Jefferson County, its departments, employees, agents and Contractors agree that they shall be bound by and shall abide by all present or hereinafter adopted policies, practices or procedures relating to confidentiality of clients records or information, as well as all other Federal and State statutes or regulations pertaining to the confidentiality of records and information. This Contract, once executed, becomes a "public record" subject to production to a requester in accordance with Ch. 42.56. RCW. Section 8. Insurance The Subcontractor shall obtain and keep in force during the terms of the Agreement, or as otherwise required. A. Commercial Automobile Liability Insurance is waived based on the fact that Able Opportunities Inc. does not own a fleet of vehicles that are titled in their name. B. General Liability (1) — with a minimum limit per occurrence of one million dollars ($1,000,000) and an aggregate of not less than two million dollars ($2,000,000) for bodily injury, death and property damage unless otherwise specified in the contract specifications. This insurance coverage shall contain no limitations on the scope of the protection provided and indicate on the certificate of insurance the following coverage: 1. Broad Form Property Damage with no employee exclusion; 2. Personal Injury Liability, including extended bodily injury; Synergetic Consuking 3. Broad Form Contractual/Commercial Liability including completed operations (contractors only); 4. Premises — Operations Liability (M&C) 5. independent Contractors and Subcontractors; and 6. Blanket Contractual Liability. (1) Note: The County shall be named as an additional insured party under this policy. C. Professional Liability Insurance providing $2,000,000 per incident; $3,000,000 aggregate. Contractor shall name Jefferson County Public Health as additional insured. D. The Contractor shall participate in the Worker's Compensation and Employer's Liability Insurance Program as may be required by the State of Washington. E. It is agreed by the parties that insurers shall have no right of recovery or subrogation against the County (including its employees and other agents and agencies) it being the intention of the parties that the insurance policies listed above shall protect both parties and be primary coverage for any and all losses covered by the above-listed insurance policies. It is further agreed by the parties that any and all deductibles made part of the above-listed insurance policies shall be assumed by, paid for and at the risk of the Contractor. F. Any coverage for third party liability claims provided to the County by a "Risk Pool" created pursuant to Ch. 48.62 RCW shall be non-contributory with respect to any policy the Contractor must provide to comply with this Agreement. G. if the proof of insurance or certificate indicating the County is an "additional insured" to a policy obtained by the Contractor refers to an endorsement (by number or name) but does not provide the full text of that endorsement, then it shall be the obligation of the Contractor to obtain the full text of that endorsement and forward that full text to the County. H, The County may, upon the Contractor's failure to comply with all provisions of this contract relating to insurance, withhold payment or compensation that would otherwise be due to the Contractor, 1. Subcontractor shall provide proof of insurance to the County in care of Denise Banker, Jefferson County Public Health, 615 Sheridan St. Port Townsend, WA 98368 prior to commencing employment. Section 9. Indemnification The Contractor shall indemnify, defend and hold harmless the County, its officers, agents and employees, from and against any and all claims, lawsuits, demands for money damages, losses or liability, or any portion thereof, including attorney's Synergetic Consulting fees and costs, arising from any injury to person or persons (including the death or injury of the Contractor or damage to personal property) if said injury or damage was caused by the negligent acts or omissions of the Contractor. Section 10. Reporting The Contractor will provide an invoice to the County for payment for services rendered no less than quarterly and no more than monthly. This invoice shall contain the hours worked and will briefly describe the work performed in furtherance of the Statement of Work made Exhibit A to this Agreement. The invoice represents a report and shall be submitted to Jefferson County Public Health in care of the Financial Manager, 615 Sheridan Street, Port Townsend, WA 98368. Section I I. InderienAence The Contractor and the County agree that the Contractor is an independent Contractor with respect to the services provided pursuant to this agreement. Nothing in this agreement shall be considered to create the relationship of employer and employee between the parties hereto, The Contractor shall not be entitled to any benefits accorded County employees by virtue of the services provided under this agreement. The County shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to employee. Section 12. Discrimination Prohibited. The Contractor, with regard to the work performed by it under this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. Section 13. Assignments and Subcontractin The Contractor shall not sublet or assign any of the services covered by this Agreement without the express written consent of the County. Section 14. Termination A. The County reserves the right to terminate this Agreement in whole or in part, without prior written notice, in the event that expected or actual funding from any funding source is withdrawn, reduced, or limited in any way after the effective date of this agreement. In the event of termination under this clause, the County shall be liable for only payment for services rendered prior to the effective date of termination. B. This Agreement may also be terminated as provided below: ;Synergetic Consulting 1. With 14 days' notice by the Board of County Commissioners (or their designate) for non-performance of the specific job duties listed in Exhibit A. Contractor may cure the default for non-performance during the 14 days that notice of termination is pending. 2. With 14 days' notice by the Contractor by voluntary resignation. Section 15. Modification This Agreement may be modified at any time by mutual written agreement of all parties. Section 16. Integrated Agreement This Agreement together with attachments or addenda represents the entire and integrated agreement between the County and the Contractor and supersedes all prior negotiations, representations, or agreements written or oral, between the parties, This Agreement may be amended only by written instrument signed by both County and Contractor. Approved this - day of 2015 BOARD OF COUNTY COMMISSIONERS JEFFERSON COUNTY, WASHINGTON David Sullivan, Chairman Ed Rought, Synergetic Consulting Clerk of the Board Synergetic Consulting pro ed L Form David Alvarez, Chikf Civil DPA Exhibit A This statement establishes the scope of services for the Contractor. Reports shall be submitted with an invoice no less than quarterly describing the work performed in furtherance of the Statement of Work. The contractor shall develop a functional database that can store data generated by JCPH and its partners and allow that data to be accessed via desktop workstations on the county intranet. The database shall be capable of interfacing with ESRI products to be mapped in ArcGIS. The database shall allow analysis and reporting on the water quality and septic monitoring inspection data and shall include the following tasks. The dollar amounts indicated are estimates and may be adjusted during the project, not to exceed the total project cost. Task Process Type Setup Main process type and property configuration Possible other information tabs Location information Lab results Measurements and observations Time-series data Quality Control Data Geotagged site photos Hours Cost April 15, 32 $4,000 2015 4 $500 4 $500 4 $500 4 $500 4 $500 4 $500 XML data export 16 $2,000 CR for EIM export 4 $500 CR for STO RET export 4 $500 Develop XML export schema 8 $1,000 Reports Other reports as defined during analysis — **see partial list below 80 $10,000 Synergetic Consulting 8 Imports Initial EiM spreadsheets import for areas listed above Location information Lab results Measurements and observations Timesehesdata Quality Control Data Geota8ged site photos other Related Tables to be created with import jobs Washington Department ofHealth shellfish program King County's Washington Toxic Algae Dataibase(TAD) Ecology's BEACH database Installation of OpenFA0LIS The initial installation mf the OpenFAC|L|S platform with the VV{lD process types and reports will be installed onJefferson County servers nm later than April 3O,2815. Use,r and Adnmim On-line Training via Goto!Neeting� This will be four 4-homr sessions to allow for staff scheduling with groups Vfupta five people per session Support of OpenFAC|US Water Quality Database This includes subscription and support at the °8ronze"level to enable ]CPH staff to obtain assistance im trouble shooting issues identified during implementation and operation ofthe database. April 15, 24 $3,000 2015 4 $500 4 $500 4 $500 4 $500 4 $500 4 $500 0 $1/0O0 8 $1,000 8 $1,000 April 30, 8 $1/000 2015 16 $2,000 The database shall be available for testing by designated }CPH users by May 1D 2015 A functional database that includes items identified above shall be completed by June 19, 2015. **Reports Ata minimum the following reports shall be created and built-in tothe database: • Queries bf location, date/t|mne,aoaUytenrmeasurement • Statistical reporting (Qeomeans,90tb percentile, trend analysis) • G|Sinterface — exportab|etogeodatabase • Table and graph views ofsampling data • Report from Tidemark septic system monitoring case data (y]K4 case) identifying the monitoring inspection compliance status for a desired time period by system type and location in a format exportable to8geodatab8se, Synergetic Consulting 9