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HomeMy WebLinkAboutAgenda - 06-17-2014 - 7g 1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: June 17, 2014 Action Agenda Item No. 7-g SUBJECT: Next Steps - Strategic Communications Plan DEPARTMENT: County Manager PUBLIC HEARING: (Y/N) No ATTACHMENT(S) INFORMATION CONTACT: Michael Talbert, 245-2308 Contract with Scope of Services Attachment Cheryl Young, 245-2307 PURPOSE: To approve the establishment of a Communications Committee, comprised of staff designated by the Manager and two Board of Commissioner members appointed by the Board, for the development of a proposed Strategic Communications Plan for Orange County; and authorize the Manager to execute a contract with Rod Visser to work with the Committee. BACKGROUND: On January 31, 2014 the Board held a Retreat and discussed the need for an Orange County Strategic Communications Plan. The Board requested that the Manager provide a recommended strategy for a Communications Plan. On February 27, 2014 a Manager-appointed Communications Plan Committee met to discuss how the County could move forward with a Strategic Communications Plan. The Committee attempted to address the following questions: 1. What is the role of the Board of County Commissioners in developing a Strategic Communications Plan? 2. What is the purpose of the plan? 3. Is there a need for a communications team approach and, if so, would the appointees to the team be staff, or staff and elected officials? 4. Will the Plan be a county-wide plan or a plan to address communications from the Board of County Commissioners? 5. Where and how does the Public Affairs office fit into the Plan? 6. How do individual County Departments fit into the plan and how would the plan govern the role of each individual department's communications and outreach programs? It was determined that all of the questions that were identified could not be sufficiently addressed by staff, without meaningful participation from the Board of County Commissioners. A Three Phase approach was recommended to move the process of developing a Strategic Communications Plan toward a successful conclusion. 2 Three Phase Approach Phase One Identify and share with the Board individual department public information strategies. outlining the dedicated resources, communications tools, target audiences and how the department interacts with the Public Affairs Office. Phase Two Rod Visser was engaged to gather internal information by interviewing the Board and County staff and present a summary to the Board. Phase Three With the assistance of Rod Visser, draft a Strategic Communications Plan to be presented to the Board in the fall of 2014. A proposed Agreement with Mr. Visser is attached. As set forth therein under the Scope of Work, the Contractor will, beginning during the summer break, convene and facilitate a series of 6-8 anticipated meetings with the County's designated Communications Committee, to be comprised of an Assistant County Manager, departmental representatives selected by the County Manager, and two County Commissioners designated by the Board of County Commissioners. In collaboration with the Committee, the Contractor will schedule meetings, prepare meeting agendas, prepare and circulate concise meeting summaries and follow up task assignments, and carry out appropriate project management activities related to the timely development and presentation of the Plan. Contractor will write, compile, and/or edit versions of a draft Plan and finalize materials for submission to the County Manager and staff for incorporation into appropriate Board meeting agendas and attend up to four Board of Commissioner meetings/work sessions. It is projected that Mr. Visser and the Committee will provide an update to the Board and solicit feedback from the Board on a preliminary draft Plan at the September 11, 2014 BOCC work session. This would be followed up by 1) additional Board review currently planned for the October 14, 2014 BOCC work session and 2) potential Board approval of the Plan in November 2014. FINANCIAL IMPACT: The financial impact of engaging Rod Visser to complete Phase Three is not to exceed $20,000. A total of $12,800 will be provided from the FY 2013-14 Manager's Miscellaneous budget and the remainder will be allocated from unexpended funds in the County Manager's FY 2013-14 budget. RECOMMENDATION(S): The Manager recommends that the Board: 1) establish a Communications Committee comprised of County department representatives to be designated by the Manager and two Commissioners appointed by the Board; 2) appoint two Commissioners to serve on the Committee; and 3) authorize the Manager to execute a contract, and any amendments thereto, with Rod Visser to work with the Committee at a cost not to exceed $20,000. 3 [Departmental Use Only] TITLE FY ORANGE COUNTY CONTRACT UNDER$20,000.00 NORTH CAROLINA THIS AGREEMENT,made and entered into this 17th day of June,2014, ("Effective Date")by and between Orange County, North Carolina, a body politic and corporate organized under the laws of the State of North Carolina, (the "County"), party of the first part; and Visser Project Management Consulting Services(the "Provider"),party of the second part; WITNESSETH: For the purpose and subject to the terms and conditions hereinafter set forth, the County hereby contracts for the services of the Provider, and the Provider agrees to provide the following services to the County in accordance with the terms of this Agreement,time being of the essence: The services and/or materials (hereinafter referred to collectively as "Services") to be furnished under this Agreement are as follows: As described in Attachment 1--Scope of Work. The term of this agreement rendered shall be from June 17,2014 to November 30,2014. Provider represents and agrees that Provider is qualified to perform and fully capable of performing and providing the services required or necessary under this Agreement in a fully competent, professional and timely manner to the satisfaction of the County. Provider shall be responsible for all errors or omissions, in the performance of the Agreement. Provider shall correct any and all errors, omissions, discrepancies, ambiguities,mistakes or conflicts at no additional cost to the County. Provider agrees that Provider shall not sub-contract any of the services to be provided in this Agreement, nor shall Provider assign any right or responsibility granted or required by this Agreement,without the prior written approval of the County. SPECIFIC TERMS 1. Payment: The County agrees to pay at the rates specified for Services satisfactorily performed in accord with this Agreement. The amount to be paid by the County shall not exceed Twenty Thousand Dollars, ($20,000.00). Payment shall be made within thirty (30) days of an invoice properly submitted to County. Should Provider fail to perform its duties under the terms of this Agreement, County may, without fault or penalty, withhold any payment associated with the work to be performed until such time as said work is completed. 2. Non—waiver: Failure by County at any time to require the performance by Provider of any of the provisions hereof shall in no way waive or affect the County's right hereunder to enforce the same,nor shall any waiver by the County of any breach be held to be a waiver of any succeeding breach or a waiver of this Non-Waiver Clause. 3. Independent Contractor: The Provider shall operate as an independent Provider, and the County shall not be responsible for any of the Provider's acts or omissions. The Provider shall not be treated as an employee with respect to the Services performed hereunder for federal or state tax, unemployment or workers' compensation purposes. The Provider understands that neither federal, nor state, nor payroll tax of any kind shall be withheld or paid by the County on behalf of the Provider or the employees of the Provider. 4. Insurance: Provider shall obtain, at its sole expense, Commercial General Liability Insurance, Automobile Insurance, Workers' Compensation Insurance, and any additional insurance as may be required by Owner's Risk Manager as such insurance requirements are described in the Orange County Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is Revised 9/13 1 4 incorporated herein by reference and may be viewed at http://orangecountvnc.gov/purchasing/contracts.asp). If Owner's Risk Manager determines additional insurance coverage is required such additional insurance shall consist of (if no additional insurance required mark N/A as being not applicable). Provider shall not commence work until such insurance is in effect and certification thereof has been received by the Owner's Risk Manager. 5. Indemnity: The Provider agrees to defend, indemnify, and hold harmless Orange County from all losses, liabilities, claims, demands, suits, costs, damages or expenses (including reasonable attorney's fees) arising from bodily injury, including death, to any person or persons or damage to or destruction of any property caused in whole or in part by any negligent or intentional act or omission on the part of the Provider. 6. Termination:This Agreement may be terminated at any time by mutual written agreement of the parties or by the County upon written notice to the Provider. 7. Entire Agreement: The parties have read this Agreement and agree to be bound by all of its terms, and further agree that it constitutes the complete and exclusive statement of the Agreement between the parties unless and until modified in writing and signed by the parties. Modifications may be evidenced by telefacsimile signature. 8. Priority: In determining the basic services to be provided, should any documents be referenced in this Agreement, the terms herein shall have priority in any conflict between the terms of referenced documents and the terms of this Agreement. 9. Governing Law: Both parties agree that this Agreement shall be governed by the laws of the State of North Carolina. Should either party initiate litigation to settle any dispute involving the terms of this Agreement such litigation shall be initiated in the General Court of Justice of North Carolina seated in Orange County, North Carolina. Provider shall at all times remain in compliance with all applicable local, state, and federal laws, rules, and regulations including but not limited to all anti-discrimination laws. Pursuant to the terms of North Carolina General Statute 153A-449(b) no county may enter into a contract with a contractor unless the contractor and the contractor's subcontractors comply with the requirements of Article 2 of Chapter 64 of the North Carolina General Statutes. Where applicable, failure to maintain compliance with the requirements of Article 2 of Chapter 64 of the General Statutes constitutes Provider's breach of this Agreement. By executing this Agreement Provider affirms Provider is in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. 10. Non Appropriation: Provider acknowledges that County is a governmental entity, and the validity of this Agreement is based upon the availability of public funding under the authority of its statutory mandate. In the event that public funds are unavailable and not appropriated for the performance of County's obligations under this Agreement, then this Agreement shall automatically expire without penalty to County immediately upon written notice to Provider of the unavailability and non-appropriation of public funds. [SIGNATURE PAGE TO FOLLOW] Revised 9/13 2 r I 5 IN WITNESS WHEREOF,Orange County and the Provider have signed this Agreement,effective as of the day first written above. ORANGE COUNTY PROVIDER By: By: County Manager Rod Visser This instrument has been approved as to technical content. Cheryl Young,Assistant County Manager This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. Office of the Chief Financial Officer This instrument has been approved as to form and legal sufficiency. Office of the County Attorney Revised 9/13 3 • 6 - ORANGE COUNTY, NORTH CAROLINA ATTACHMENT 1--SCOPE OF WORK Phase III —Strategic Communications Plan Development 1. Scope of Work. a. Provider will convene and facilitate a series of 6-8 anticipated meetings with the County's designated Communications Team, to be comprised of the Assistant County Manager, departmental representatives selected by the County Manager, and two County Commissioners designated by the Board of County Commissioners. b. Provider will review all relevant background materials provided by County Staff to County Commissioners ahead of two Commissioner regular meetings and two work sessions at which the Strategic Communications Plan topic will be docketed for the Board's deliberation (for initial planning purposes, but subject to change, these meetings are slated for the June 17, 2014 and November 6, 2014 regular meetings, and the September 11, 2014 and October 14, 2014 work sessions). c. In collaboration with the Team, Provider will schedule meetings, prepare meeting agendas, prepare and circulate concise meeting summaries and follow up task assignments, and carry out appropriate project management activities related to the timely development and presentation of the Plan. d. Depending on process decisions reached by the Team, Provider will write, compile, and/or edit versions of a draft Plan and finalize materials for submission to the County Manager and staff for incorporation into appropriate Commissioner agenda packets. e. Provider will moderate the Team's discussion about how to flesh out the draft Plan outline that was reviewed during Phase II of the Strategic Communications Plan project. Provider will also ensure that the Team considers the elements documented in the "Issues for Future Consideration" list that was compiled from feedback gleaned during the interview process in Phase II. f. The number, scope, and timing of any additional meetings will be based on consultation with the Team regarding what may be necessary and desirable to produce a quality product. Meetings may be added or cancelled based on decisions reached by the Team regarding the need (or lack thereof) for additional Team meeting time to develop a recommended Plan for review and approval by the full Board of Commissioners. g. Provider is not retained for, and does not claim, specific subject matter expertise regarding strategic communications plans. Provider will, however, collaborate closely with Team members and, as appropriate, any other in-house County subject matter experts, in preparation of the draft Plan. h. In the interests of achieving a timely and relatively narrow scope of work, Provider and the Team explicitly plan not to confer with outside subject matter experts; not to conduct any additional research and analysis of other jurisdictions' strategic communications plans; and not to engage in detailed, formal discussion of the draft Plan with third parties prior to its presentation to the Board of Commissioners; unless the desirability of doing so becomes apparent to the Team during the Plan development process. That notwithstanding, it is the intention to provide an opportunity for courtesy 7 review of and comment about the draft Plan to all County department heads prior to presentation to the Board. The Team may consider extending courtesy review opportunities to other potential interested parties to the extent that can be accomplished in a way that does not jeopardize the timeliness of the draft Plan presentation to the Board Provider efforts are intended to be limited to 115 hours or less for Phase III. No work will be conducted beyond 130 hours without mutual written agreement between Provider and the County Manager. 2. Compensation. County will pay Provider at a rate of$120.00 per hour for services rendered up to 115 hours, plus mileage at the prevailing Internal Revenue Service (IRS) rate and reasonable reimbursable expenses, if any. Provider shall not bill for any work performed beyond 115 hours and up to 130 hours. The total amount payable for services rendered up to 130 hours shall not exceed thirteen thousand eight hundred dollars ($13,800), plus mileage and expenses. Should Provider reach and exceed 130 hours the County Manager may authorize continued work at the rate of$120.00 per hour up to the maximum amount payable as defined in Paragraph 1 of the Agreement. 3. Payments. Payment will be made at the end of each month, and at completion of the scope of work, to Provider within 30 days of receipt of an invoice and supporting activity log submitted by Provider to designated County Staff liaison detailing work accomplished each month. 4. Logistics. a. County Staff will assist Provider in arranging and setting up meeting space as necessary. b. County will provide appropriate work space and technological support in County facilities as needed for Provider to conduct meetings, report drafting, and other project related services as necessary. 5. Liaisons. a. Assistant County Manager Cheryl Young shall serve as County's liaison for issues concerning work under this Agreement. b. Rod Visser shall serve as Provider. Rod Visser Orange County Board of Commissioners Principal 200 South Cameron Street Visser Project Management Post Office Box 8181 Consulting Services Hillsborough, NC 27278 104 Sturbridge Lane (919) 245-2300 Chapel Hill, NC 27516 (919) 929-9516 rocket121856( gmail.com