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HomeMy WebLinkAboutNS Contract - Personnel The Archer Group to complete a Pay Classification and Benefits Study~~ Attachment III . AGREEMENT TO PROVIDE PROFESSIONAL HUMAN RESOURCE MANAGEMENT CONSULTING SERVICES TO ORANGE COUNTY, NORTH CAROLINA THIS AGREEMENT, entered into this day of , 2007, and effective immediately by and between the Archer Company (hereinafter called the "Consultant") and Orange County, North Carolina, (hereinafter called the "County"), WITNESSETH THAT: WHEREAS, the County is interested in obtaining human resource management plans that conform to Federal, State and local requirements and will be approved by their representatives; WHEREAS, the Consultant is staffed with personnel knowledgeable and experienced in the development of human resource management systems; and WHEREAS, the County desires to engage the Consultant; NOW THEREFORE, the parties hereto mutually agree as follows: a ees to en a e the Consultant and 1. F.mnln~nent of Cnnsnltant= The County gr g g the Consultant hereby agrees to perform the services described in "Scope of Services" below. 2. SSnne of Services. The Consultant shall do, perform and carry out in a good and professional manner the scope of services defined in the proposal submitted to the County and condensed in the following: • Consultant will employ an award-winning, valid and reliable job evaluation system to determine the complexity and relative worth of each job within the County (internal equity). • Consultant will conduct an extensive market comparability study and analysis to identify the competitive pay rates being paid for jobs similar in content to those of the County in the labor market(s) in which the County competes for its labor supply (external equity). • Consultant will assess the competitiveness in the labor market of the County's employee benefits and identify recommendations for future action. • Consultant will develop a pay classification structure and pay plan for the County that • will be designed to integrate and accommodate the future impacts of new technologies, 1 lq- , new professions, reengineered work flow, skill-based career progression, skill-based pay, self-directed teams, etc: • Consultant will develop wage and salary cost projections re uired to implement the • q recommended compensation system, by department and by total organization, including the development of alternative cost models/projections where appropriate and applicable. • Consultant will develop job descriptions for every job under study to include task integrated performance indicators and ADA requisites for compliance with the Americans with Disabilities Act (ADA). • Consultant will conduct a review and analysis to determine if exempt ornon-exempt designations for all positions are in compliance with the Fair Labor Standards Act, to include recommendations on the use of non-exempt salaried vs. non-exempt hourly designations for certain or all non-exempt status positions. • Consultant will develop a transition plan from the current system to the new system. • Consultant will develop a final comprehensive narrative report and an allocation list of proposed placement of classifications and individuals. • Consultant will review the County's current personnel policies related to compensation and make revisions and changes where appropriate in order to ensure that the policies are stated in a clear, concise and easy to understand format structure and for the purpose of ensuring that the policies meet the requisites of operational effectiveness and the requisites of those federal, state and local regulatory acts and ordinances that the County must ascribe and adhere to. . • Consultant will present oral presentations of our final report to the County's management. • Consultant will provide for training and presentations necessary to develop understanding and commitment to the compensation system among supervisors, managers, and senior management staff, including on site, in-depth training for the individuals/employees who will be maintaining and administering the compensation system. • Consultant will develop alternative implementation strategies to assist the County in finding a strategic implementation model formulated within the construct of budgetary feasibility, funding constraints, operational philosophy, performance expectations, employee service and organizational culture. • Consultant will provide and maintain open channels of communications with regard to both process and progress throughout the study. 2 • s • Consultant will provide acompensation/pay classification system that will be easy to administer and understand, and that will be equitable and consistent across all County departments. • Consultant will provide annual adjustment recommendations for the annual movement of the County's pay ranges in order to keep its pay structure current and up-to-date. • Consultant will provide the County with an advanced job evaluation sofhvare package, and training related to its use, wherein the County will have the capacity to maintain its pay structure and pay plan internally. • Consultant will recognize and respect the diversity that exists among the departments, the divisions and the employees of the County and will welcome constructive and participatory contributions and inputs to all aspects of the study. 3. Time of Performance. The services to be performed hereunder by the Consultant shall be undertaken and completed in such sequence so as to ensure their expeditious completion and best carry out the purposes of the agreement. A final report shall be delivered within 14 weeks after the date first written above. 4. ('.mm~encation. The County agrees to pay the Consultant a total sum of Eighty- Four Thousand, Nine Hundred and Twenty-Five dollars ($84,925.00) for professional fees and expenses associated with the performance of items referred to in "Scope of Services" above. 5. Method of Pa,4vment The Consultant shall be entitled to payment in accordance with the provisions of this paragraph. The Consultant's fee for services cited in "Scope of Services" above is due and payable as follows: one-third ($28,308.33) shall be due and payable upon execution of this contract, and the remaining portion of the total fee shall be payable upon delivery of the final report. 6, r'hanges. The County may, from time to time, require changes in the scope of the services of the Consultant to be performed hereunder. Such changes, which are mutually agreed upon by and between the County and the Consultant, shall be incorporated in written amendment to this agreement. '7, CPl'Vl_OPC and Materials to h F ~rnich d h~ ('.nunl-p. The County shall furnish the Consultant with all available necessary information pertinent to the execution of this agreement. The County shall cooperate with the Consultant in scheduling and carrying out the work herein. $, Righ c to Terminate ('ontract The County shall have the right to terminate this agreement, with or without cause, by giving written notice to the Consultant of such termination at least five (5) days before the effective date of such termination. 15 • 3 1°b 9. Tndemnification_ The parties hereto agree to defend, indemnify and hold one another harmless from and against any and all liability, loss, expense, attorneys' fees, or claims for injury and/or damages arising from or in any way connected to the performance of this Agreement, but only to the extent that such liability, loss, expense, attorneys' fees, or claims for injury or damages are caused by or result from the negligent or intentional acts or omissions of the indemnifying party, its officers, agents or employees. 10. Pn~ County acknowledges that the development of the products and reports to be provided to the County may involve the use of copyrighted systems belonging to the Consultant. County may use such products and reports at will where solely for and on behalf of County's operations. County agrees that it will take appropriate action by instruction, agreement or otherwise with its employees to satisfy its obligations with respect to use, copying, protection and security. 11. Accom=nlishment of Prnip~t The Consultant shall commence, carry on, and complete the project with all practicable dispatch, in a sound economical and efficient manner, in accordance with the provisions thereof and all applicable laws. In accomplishing the project, the Consultant shall take such steps as are appropriate to insure that the work involved is properly coordinated with related work being carried on within the County. 12. Provisions Pnncerning Pertain Waivers. Subject to applicable law, any right or remedy which the County may have under this contract maybe waived in writing by the County by a formal waiver, if, in the judgment of the County, this contract, as so modified, will still conform fo the terms and requirements of pertinent laws. • 13. Matters n he nisr .garded. The titles of the several sections, subsections, and paragraphs set forth in this contract are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of the provisions of this contract. 14. P~ leteness of Pnntract. This contract and any additional or supplementary document or documents incorporated herein by specific reference contain all the terms and conditions agreed upon by the parties hereto, and no other agreements, oral or otherwise, regarding the subject matter of this contract or any part thereof shall have any validity or bind any of the parties hereto. 15. ~hligatinn to Third Parties. Neither the County nor the Consultant shall be obligated or liable hereunder to any party other than to each other. 16. When Rights and Remedies Not Waived. In no event shall the making by the County of any payment to the Consultant constitute or be construed as a waiver by the County of any breach of covenant, or any default which may then exist, on the part of the Consultant, and the making of any such payment by the County while any such breach or default exists shall in no wise impair or prejudice any right or remedy available to the County in respect to such breach or default. 17. Personnel. The Consultant represents that he has, or will secure at his own 4 • 17 expense, all personnel required in performing the services under this agreement. Such personnel shall not be employees of or have any contractual relationship with the County. All of the services required hereunder will be performed by the Consultant or under his supervision and all personnel engaged in the work shall be fully qualified to perform such services. 18. r'nncultant C:ertificatinn. The Consultant certifies that the Consultant has not been convicted of bribery or attempting to bribe an officer or employee of the County, nor has the Consultant made an admission of guilt of such conduct that is a matter of record. 19.1Y~ices. Any notices, bills, invoices, or reports required by this agreement shall be sufficient if sent by the parties hereto in the United States mail or by parcel post, postage paid, to either of the addresses listed below: The Archer Company 454 South Anderson Road BTC 556 Rock Hill, South Carolina 29730 and/or Mr. Michael McGinnis Human Resources Department Orange County Government 208 S. Cameron Street Hillsborough; NC 27278-8181 IN WITNESS WHEREOF, the County and the Consultant have executed this agreement as of the date first written above. Orange County Government The Archer Company By: Name: Title: (Printed or typed) By: Name: F.arnect R. Archer (Printed or typed) Title: Pr sick nt • 5