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Home My WebLink AboutC80-027 Arthur Young & Co.CONTRACT BETWEEN THE COUNTY OF EAGLE, STATE OF COLORADO WE ARTHUR YOUNG & COMPANY CLASSIFICATION AND COMPENSATION STUDY THIS CONTRACT, made and entered into this A' day of December, 1980, by and between the COUNTY OF EAGLE, STATE OF COLORADO, a body corporate and politic, by and through its Board of County Commissioners, hereinafter referred to as the "County" and ARTHUR YOUNG & COMPANY, a partnership of certified Public Accountants, hereinafter referred to as "Arthur Young". WHEREAS, the County has the legal authority pursuant to Section 30-2-104, C.R.S. 1973, as amended, to adopt a classification and compensation plan for all county employees paid in whole or in part by the County; and WHEREAS, the County in the year 1976 adopted such a classification and compensation plan; and WHEREAS, since the inception of such classification and compensation plan there have been numerous amendments thereto in an attempt to revise such plan to meet the present needs and demands of county employees, to resolve the problems associated with the extensive employment of additional personnel in order to meet the increased demand for county services by the populace of the County, and to provide a fair and impartial system in compensating an individual county employee based upon the description and workload of his/her job°, and WHEREAS, the County has determined that such an attempt to update the current classification and compensation plan has resulted in an unworkable solution; and `t r" WHEREAS, the County desires to enter into an agreement with a management consulting firm to study job evaluation and classification procedures for employees of Eagle County, and to develop recommendations concerning workloads, manpower planning, and a merit/longevity pay system; and WHEREAS, after the publication for the submittal of bids from qualified applicants as prescribed by law and the review of such bids, the County desires to enter into an agreement with Arthur Young for said study and development of a classification and compensation plan for the employees of Eagle County. NOW, THEREFORE, for and in consideration of the mutual covenants, conditions, and promises contained herein, the parties hereto agree hereby as follows: SECTION ONE CONTRACT DOCUMENTS This Contract and Exhibit "A" entitled "Eagle County Government, a Proposal to Perform a Classification and Compen- sation Study, Arthur Young", shall comprise the entire contract document between the Board and Arthur Young, and said Exhibit "A" is attached hereto and incorporated herein by this reference and is as much a part of this contract as if fully set forth at length herein. SECTION TWO SCOPE OF WORK Arthur Young shall in the scope of its work hereunder perform the following major tasks as the same are further discussed and set forth at length in Exhibit "A": I. REVIEW PRESENT PERSONNEL SYSTEM A. Classification Program 1. All Remaining papers on 1976 study. B. Compensation Program 1. All 1976 Papers C. How we got where we are 1. Review Personnel papers 1976 - 1980 2. Discussion with Administrator II. PREPARE JOB PROFILES AND POSITION QUESTIONNAIRE A. Determine which job descriptions are inadequate B. Training 1. Review questionaire with Supervisor and train them in its use. 2. Supervisors to insure completion of questionaires C. Desk Audits 1. After review of questionaires, determine positions requiring desk audits III. POSITION CLASSIFICATION A. Evaluation of Job Data B. Alternative Position Placements 1. Offer options to County Commissioners C. Positions Classification IV. COMPENSATION PLAN A. Salary Survey B. Establish salary ranges for position classifications C. Develop Grade and Step System as appropriate D. Compensation.Alternatives 1. Alternatives for evaluation and merit increase system 2. Alternatives for longevity raises 3. Alternatives for cost of living escalators V. ADMINISTRATIVE PROGRAM A. Develop procedures for maintenance of Classification and Compensation System B. Train designated County Personnel in these procedures. SECTION THREE DUTIES OF COUNTY The County of Eagle by and through its Board and its various agencies, departments and offices shall provide the following information and perform the following duties in the preparation of the respective study by Arthur Young: 1. Provide and assist Arthur Young in the data gathering and clerical phases of the job description develop- ment including typing, and in collecting data for the survey of compensation practices; and 2. To make every reasonable attempt to schedule and coordinate meetings, interviews and to provide any further assistance and required documentation so as to expedite prompt completion of the project. SECTION FOUR TERM OF PERFORMANCE The study which is the subject of this contract shall be performed in accordance with the schedule set forth in Exhibit A and as hereinafter provided. The total project shall be completed no later than March 15, 1981. Such completion date is predicated on the full cooperation received during the study from the County and its respective employees and officers. Substantive changes in the schedule shall be approved in writing jointly by Arthur Young and the County. Arthur Young agrees to complete each of the phases of the work to be performed with promptness and due diligence. SECTION FIVE COMPENSATION The total fee to be charged by Arthur Young for the performance of this contract shall not exceed fourteen thousand dollars ($ 14,000.00), which shall consist of the following: 1. Arthur Young will charge the County its standard hourly billing rates for the time spent by each member of its 0. explosions and riots, shall not relieve such party of liability in the event of its failure to use due diligence to remedy the situation and remove the cause in an adequate manner and with all reasonable dispatch and to give notice and full particulars of the same in writing to the other party as soon as possible after the occurrence of the cause relied upon. SECTION NINE STANDARD OF WORK Arthur. Young shall perform its services as an indep- endent contractor in accordance with the terms of the Contract and shall be responsible to the County for the deficiencies in its services which are attributable to Arthur Young's failure to comply with generally accepted professional standards and practices. Neither Arthur Young nor any of the persons employed by Arthur Young shall be deemed to be agents, representatives, or employees of the County and none of such agents, represent- atives, or employees shall extend the faith or credit of the County. The provisions of any and all applicable laws, Executive Orders, or rules and regulations validly promulgated by the responsible governmental body, shall be incorporated herein by reference as part of this contract including, but not limited to: 1. Paragraphs one (1) through seven (7) of Section 202 of Executive Order 11246, as amended, relating to equal opportunity in employment under govern- mental contracts; 2. Section 2012 of Title 38 of the United States Code and Executive Order 11701, as amended, relating to Veterans' employment emphasis under federal contracts; staff in the performance of the services set forth in this contract. 2. County shall reimburse Arthur Young, at cost, for out-of-pocket expenses including, but not limited to, materials and supplies; travel and subsistence of consultants; typing and reproduction; and communications, i.e., postage, telegraph and long distance telephone charges. Other incidental costs not stated hereinabove shall be subject to the approval of the County. Arthur Young shall be compensated on a monthly basis. Each monthly invoice shall include therein a substantiation and itemization of the services rendered and expenses incurred. The charges, fees and/or hourly rates referred to hereinabove shall be binding upon Arthur Young and shall not be exceeded unless expressly agreed to by the County in writing. No additional costs, expenses and/or charges entailed by Arthur Young in the performance of this contract shall be reimbursed by the County unless expressly authorized by the County in writing. Said total fee hereinabove is only a maximum amount and does not represent a commitment or guarantee on the part of the County to pay such amount unless it has been determined to be allowable as a justified expenditure pursuant to this contract. All payments for work done herein are contingent upon the satis- factory progress of the work and the work itself being satin-. factory to the Board. Payment on approved invoices shall be m ,de -w ;thin fifteen (15) days of receipt of the respective invoice. SECTION SIX TERMINATION The County reserves the right to terminate this contract, without jeopardy to the County, at any time during the contract period by providing written notice to Arthur Young. Upon receipt of such written notice, Arthur Young shall have four (4) calendar days to terminate activity with respect to the terms set forth in the contract. Should this contract be so terminated, Arthur Young shall be reimbursed for fees and out-of-pocket expenses incurred through the termination date. The County's reimburse- ment to Arthur Young for these termination services shall be made withing ten (10) working days from the County's receipt of the final billing from Arthur Young. In the event of such termination, all finished or unfinished documents, data, studies, surveys, models and reports or other materials prepared by Arthur Young under this contract shall, at the option of the County, become the County's property. SECTION SEVEN AMENDMENTS TO THIS CONTRACT Any substantive modification of the Contract shall be made in writing, mutually agreed to and executed by both parties, and shall not affect any unmodified portions of this Contract. The County and Arthur. Young agree to consult with each other in all aspects of the study, and agree to negotiate in good faith to solve any problems which may arise. SECTION EIGHT FORCE MAJEURE Neither Arthur Young nor the County shall be considered in default in the performance of its obligations under this Contract to the extent that the performance of such obligations is prevented or delayed by any cause beyond the reasonable control of the affected party which such party could not, by due diligence, have avoided. Such causes, including but not limited to, acts of God, acts of governmental authority, strikes, fires, floods, 3. Section 503 of the Rehabilation Act of 1973, and Executive Order 11758, as amended, relating to the obligations of government contractors to take affirmative action to employ, and advance in employment, qualified handicapped individuals, and Arthur Young agrees to fully comply with the provisions incorporated into this Contract in the immediately preceding paragraph and any amendments thereof. SECTION TEN REPORTS Arthur Young, as a result of its project effort, shall present to the County a report to cover each monthly period of activity during the study to completion, specifying progress to date, planned activity for the next 30 -day period, and identifi- cation of potential problem areas. These progress reports will be submitted within five (5) working days after the close of each period, and will be either in letter form or as part of Arthur Young's participation in scheduled meetings. At the conclusion of the project, Arthur Young will also present an oral report sumarizing the significant aspects of the study to the County, and will also make other reports upon which the County and Arthur Young mutually agree. SECTION ELEVEN REPRESENTATION The County warrants and represents that it has complied with all procedures necessary in order to retain Arthur Young for the engagement described herein, and to pay Arthur Young for the services to be rendered pursuant to the Contract. The County further warrants and represents that there are no statutes, regulations, or rules with which the County need comply, which prohibit the payment of the services to be rendered herein. SECTION TWELVE ADDITIONAL PROVISIONS 1. This contract supersedes all negotiations, conversations or discussions heretofore had between the parties related to this contract. 2. In the event of any irreconcilable conflict, inconsistency, or incongruity between the provisions contained herein and any of the provisions contained in Exhibit A incorporated herein by reference, the provisions contained in this contract document shall in all respects govern and control. 3. Arthur Young shall not assign, transfer, convey, pledge or otherwise dispose of this contract without the prior written consent of the County. 4. The laws of the State of Colorado and the rules and regulations issued pursuant thereto shall be applied in the interpretation, execution and enforcement of this contract. Any covenant, condition or provision herein contained that is held to be invalid by any court of competent jurisdiction shall be considered deleted from this contract, but such deletion shall in no way affect any other covenant, condition or provision herein contained so long as such deletion does not materially prejudice the respective parties hereto in the respective rights and obligations contained in the valid covenants, conditions or provisions of this contract. 5. Unless otherwise agreed to by mutual consent, all communications and notices contemplated herein or permitted or required hereunder shall be in writing and shall either be delivered in person or sent by registered or certified mail, return receipt requested, to the parties at their respective addresses as follows: Mr. Michael J. Kasher Administrative Assistant County of Eagle P.O. Box 850 Eagle, Colorado 81631 Mr. J. Kent Oehm Office Director of Management Services Arthur Young & Company 1670 Broadway, Suite 2500 Denver, Colorado 80202 6. All covenants, conditions and provisions in this contract shall extend to and bind the legal representatives, successors and assignees of the respective parties hereto. IN WITNESS WHEREOF, the parties hereto have entered into this Contract as of the date first above written. ATTEST: a By: CVqrk of the BvzYd of Cd6nty CVmissioners COUNTY OF EAGLE, STATE OF COLORADO By and Through its BOARD OF COUNTY COMMISSIONERS By. Pa-, 6 Y, �a Y, DaIe F. Grant, Chairmah ARTH YOU G & NY WITNESSED: By. ,,r��?? Title J,raG _ x« Lt�1,� xzl av