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HomeMy WebLinkAboutAgenda - 10-23-2007-4oORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: October 23, 2007 Action Agenda Item No. ~- - O SUBJECT: Approval of the Contract with The Archer Group to Complete a Pay, Classification and Benefits Study DEPARTMENT: Personnel PUBLIC HEARING: (YIN) No ATTACHMENT(S): 1) Attachment I: Pay, Classification and Benefits RFP 2) Attachment II: Vendor Evaluation Guidelines 3) Attachment III: The Archer Group Contract INFORMATION CONTACT: Michael McGinnis, Human Resources Director 245-2552 PURPOSE: To approve a contract with The Archer Group to complete a Pay, Classification and Benefits Study. BACKGROUND: Orange County periodically contracts with consulting firms to complete a study of the County Pay and Classification system. This process evaluates the value of positions for the purpose of setting the ranges of pay for all County positions and ensures the County's ability to hire and retain the best employees. As part of this process, the County may also evaluate the major components of the benefit programs to determine the value of our health, dental, life insurance and other employee benefits plans. Condrey & Associates, Inc. completed the last external study in 2002, which did not include the County benefit programs. In the FY2007-08 Budget process, the Board approved funds to evaluate the County's Pay and Benefits plans. Based on this, staff developed and advertised a Request for Proposal (RFP) to have a study completed for the County salary and benefits compensation plans. (See Attachment I: Pay, Class & Benefits RFP.) The RFP was advertised on July 31,2007 with a closing date of August 21, 2007. Staff received ten proposals by the closing date six for further consideration. Those six were: The Archer Group Carlson Dettman Condrey & Associates Evergreen Solutions Fox Lawson Springsted Staff reviewed all ten proposals and selected After review of those six proposals, staff invited the four most competitive firms to make finalist presentations to the Management Task Team on September 19 and 20, 2007. The finalist 2 vendors were provided guidelines for the presentation and an evaluation format was developed. (See Attachment II: Vendor Evaluation Guidelines.) The finalist companies were: The Archer Group Condrey & Associates, Inc. Evergreen Solutions Springsted The Management Task Team made a thorough evaluation of the vendor presentations and The Archer Group was selected as being the best fit for the needs of the County. The scope of service, the timeline for completing the work and implementing the results was consistent with the County's requirements. The quoted fee for completion of the project was also within the budget approved for this project. (See Attachment III: The Archer Group Contract.) Following the selection of The Archer Group, five references were contacted and interviewed. These references evaluated The Archer Group very highly, indicating that the firm had provided a quality service and completed projects on time. Next Steps: The project will be completed between November 2007 and July 2008 reflecting the following schedule for completing the work. Orientation Meetings Gathering Data Desk Audits/Interviews Preparation of Job Class Descriptions Labor Market and Benefits Surveys Pay Plan Structure and Development Development of Drafts Reports Presentation to the Board Proposed Pay Plan Implementation November 2007 November 2007 March 2008 March 2008 March 2008 March 2008 May 2008 June 2008 July 2008 FINANCIAL IMPACT: The contract with The Archer Group is within the FY2007-08 budget of $100,000 to complete the Pay, Classification and Benefits Study. The contract with The Archer Group is for $84,925 and is all-inclusive. There will be some staff time needed to provide organizational data for the study and this will be completed by existing Personnel staff. Employee time will also be required to complete questionnaires and to be interviewed by the consultants. RECOMMENDATION(S): The Manager recommends that the Board approve the contract for services and the fee schedule with The Archer Group to complete a Pay, Classification and Benefits Study for Orange County, and authorize the Manager to sign the contract subject to final review and approval by the County Attorney. Attachment 1 0 p/um~p~~~of\\ 171 X11 r~{~~15z ~/ o" \th lac°~ July 31, 2007 Request for Proposals to Conduct a Position Classification, Pay, and Benefits Study for Orange County, North Carolina Orange County is seeking proposals for a Classification, Pay and Benefits Study. Proposals are to be submitted to the Orange County Purchasing and Central Services Department by 5:00 PM (est) Tuesday, August 2'I, 2007 (see Item N). A. Purpose Orange County is seeking a consulting firm to conduct a countywide, comprehensive Classification, Pay, and Benefits Study for approximately 870 Permanent County positions. B. Objectives 1. Maintain a competitive and equitable classification and pay system including: • Reassessing internal salary relationships among the approximately 870 positions and • Establishing or re-establishing as necessary the County's position in the labor market in relation to other employers. 2. Build greater career progression opportunities for employees. In support of this, provide more consistency in job titling to better clarify career ladders and levels. 3. Identify pay strategies and the accompanying policies that will enable the County to maintain an equitable, competitive pay plan. 4. Assess the competitiveness in the labor market of the County's employee benefits and identify recommendations for future action. C. Background The Orange County Board of Commissioners has appropriated funds in the 2007-08 budget for a comprehensive employee Classification, Pay, and Benefits Study. Orange County is seeking proposals for a consultant to conduct this study. Orange County has about 870 positions in a total of approximately 30 departments. The largest departments are Social Services, the Health Department, and the Sheriff's Department. Attachment 1 shows the number of full time equivalent positions for each department. D. Existing Classification and Pay Plan The last comprehensive classification and pay study was conducted in 2001-02 and implemented in April 2003, with phased in salary adjustments in 2003-04 (implementation was delayed by funding shortFalls). Presently, there are about 270 classes, and written class specifications for each class. The current classification plan uses point/factor rating methodology and is administered by Personnel Department staff. Each classification is assigned to a salary grade in the County Salary Schedule from Salary Grade 8 to Grade 37. The salary grades are about five percent apart. Within each salary grade there is a total spread of about 60 percent from each salary range minimum to maximum. There are no predefined salary steps in the salary range. For reference purposes, each salary grade includes a Quarter 1, Midpoint, and Quarter 3 marker. E. Scope of the Study -Position Classification Portion Orientation meetings. The consultant (with the participation of the Personnel Director. and Personnel Analyst) will meet with Department Heads and employees to discuss the study objectives, to explain the study plan and methodology, and to discuss the work components of the study. This will include requesting completed position description questionnaires. There are about 810 employees (870 positions) located in Hillsborough and Chapel Hill. Multiple sessions (approximately 10-15) will be needed on several different days and at different times. Timeframe: Complete by mid-October, 2007. 2. Position descriptions, salary handbooks, organization charts, existing class specifications, and otherjob-related information. Personnel will coordinate requesting and receiving an updated position description completed by each permanent employee. Personnel will provide these descriptions to the consultant for use in reviewing the duties and responsibilities of positions. The County has an existing position description questionnaire that may be used for this purpose, or the consultant may use its own position description form, with the advance review and approval of the Personnel Director. In addition to the position descriptions, Personnel will provide the consultant with a copy of the County salary handbook, organization charts, existing class specifications, and other job-related information. Timeframe: Position descriptions are to be received in Personnel by November 21, and provided to the consultant by November 30, 2007. Note: A reorganization that may result in duty changes for certain top management and department head positions is in progress. Those changes will need to be reflected in updated position descriptions s during the course of the study, and in the final recommended classification and pay result for these positions. 3. Desk Audits/Interviews. The consultant will conduct desk audits/interviews with representative employees in each class and supervisors to review, clarify, and understand duties and responsibilities. In order to assure good information gathering, a smooth process, and acceptance by employees, a high percentage of interviews is expected (at least 50 percent, and preferably more). If there are several positions assigned to a class, the consultant may choose to conduct a group interview or interview a representative number of employees. However, at least one interview will be conducted for each recommended class of positions. The consultant will conduct a conference with each department head to review and verify information presented on the position description questionnaires and in the interviews and to receive the department head's iriput on any position classification and pay issues in that department. Timeframe: Interviews may begin in December and are to be completed by early to mid- February 2008. 4. Classification Recommendations and Class specifications. Following the review and field audit of existing positions, the consultant will identify class groupings and tentative allocations and review these with Personnel. The consultant then will draft class specifications for any recommended new classes and will update existing class specifications for any classes where the information on the existing class specification has changed. The present format for the County's class specifications is as follows: .Job Title, Department, Job Summary, Major Duties, Knowledge Required By the Position, Supervisory Controls, Guidelines, Complexity, Scope and Effect, Personal Contacts, Purpose of Contacts, Physical Demands, Work Environment, Supervisory and Management Responsibility, -and Minimum Qualifications. The consultant will deliver class specifications as a draft, review these with Personnel and departments, and incorporate any necessary changes. Timeframe: Draft allocations are to be ready for discussion with Personnel staff and the Manager by February 29, 2008. F. Scope of the Study -Pay Portion 1. Labor Market Survey. The consultant will conduct a market salary survey by gathering comparable salary information from 12 other North Carolina counties and six Research Triangle area municipalities. The 12 counties are Alamance, Cabarrus, Chatham, Durham, Forsyth, Gaston, Guilford, Mecklenburg, Person, Rowan, Union and Wake. These counties are either located in or very close to the three major developing economic regions of the state - Research Triangle, Piedmont Triad, and Metrolina. The six area municipalities are the Town of Carrboro, Town of Cary, Town of Chapel Hill, City of Durham, Town of Hillsborough, and City of Raleigh. ~D • The consultant will propose a process by which comparable private sector salary data, to the extent it may be available, may be examined for various positions for which Orange County must also compete with the private sector. The survey will include benchmark classes and in addition should incorporate a variety of specialized positions as determined in conjunction with the Personnel Director. Salary survey data collected must include salary range minimums and maximums, actual salaries paid, and the number of positions, so that weighted averages may be determined. 2. Analysis of findings and recommendations. The consultant will evaluate the salary grade assignment for each class based on the review of duties and responsibilities and salary survey. From this analysis, the consultant will recommend. a classification and salary grade assignment for each position in the existing or recommended County salary schedule. The consultant also will recommend a salary implementation plan for the study results along with estimated costs. 3. Pay Policy Recommendations. The consultant will identify and recommend pay strategies and the accompanying policies that will enable the County to maintain an equitable, competitive pay plan on an on-going basis, including addressing salary compression issues. Timeframe: Salary data is to be ready for discussion with Personnel staff and the Manager along with draft allocations by February 29, 2008. Tentative implementation cost estimates also are to be ready by the end of February 2008. G. Scope of the Study -Benefits Portion 1. .Labor Market Survey. In the labor market study conducted in the pay portion of the study, the consultant will include an employee benefits survey covering economic and non-economic benefits. For this purpose, economic benefits may include retirement, supplemental retirement, health insurance (including retiree health), dental insurance, life insurance, disability income insurance, long term care insurance, Longevity Pay, Tuition Refund, or other categories. Non-Economic benefits may include Leaves (Vacation; Sick; Others), Holidays, or other categories. The consultant will indicate whether or not benefits surveyed in each jurisdiction are part of a "cafeteria-style" benefit plan. 2. Employment Categories. In the labor market study portion covering benefits, the consultant also will identify the employment categories used by each employer surveyed such as permanent or temporary, the definitions for these categories, and approximate number of employees in each. If any employee category other than permanent employment receives employee benefits, the consultant will specify the category and benefits received. 3. Special Recruitment. Also in the benefits study, the consultant will identify any special pay or benefits used for recruitment such as additional leave, bonus payments, or other. 4. Benefits Analysis/Recommendations. Timeframe: Benefits data is to be ready for discussion with Personnel staff and the Manager along with analysis and recommendations by April 30, 2008. H. Communications -Classification and Pay Results Preliminary results to Personnel and Department Heads. The consultant will present preliminary findings and recommendations to Personnel. The consultant will meet with Personnel, the Manager,.department heads and supervisors of major units to explain findings and present recommendations. Before information is distributed to employees, the department heads will review class specifications and pay recommendations and suggest any changes needed. The consultant must be available for individual meetings with department heads to discuss questions or issues related to recommendations, as needed. The consultant will consider and respond to any feedback or issues arising from the department head reviews and provide Personnel with any updating to preliminary results following the department head reviews. 2. Preliminary Results to Employees. The departments and Personnel will carry out most of the communication with employees. A limited number of telephone calls or meetings may be required by the consultant to explain recommendations. General information to employees and explanation to employees of decisions are considered a part of the basic project. 3. Final results and recommendations to Personnel. The consultant will advise Personnel of final results and recommendations. The consultant, Personnel Director, and Personnel Analyst will inform department heads of final study results. 4. Final Results to Employees. Personnel and department heads will inform employees. Again at this stage a limited number of telephone calls or meetings may be required by the consultant to explain recommendations and address initial employee appeals. Again, general information to employees and explanation to employees of decisions are considered a part of the basic project. Timeframe: Communications completed and final classification and pay information ready for inclusion in the Manager's Recommended budget by May 1, 2008. 1. Appeals For employee appeals not resolved by communications and discussion at the preliminary and final results steps above, Personnel may request additional information from the consultant (either written or oral) as to the basis for recommendations. This will be considered part of the basic project. For more extensive appeals requiring steps such as re- interviews, second meetings with employees, or additional market data once the study is completed, the County would contract separately with the consultant for such work on an hourly basis. Timeframe: By June 30, 2008. J. Presentation to Board of County Commissioners The consultant, Personnel Director and Personnel Analyst will present the classification and pay study results and recommendations to the Board of County Commissioners. A .preliminary and follow-up presentations may be necessary. Timeframe: March to May 2008 K. Products To Be Delivered by successful firm 1. A written report (5 copies) that includes the following: a) Description of study methodology b) Summary of findings and recommendations, including position classifications, assignment of classes to salary grades, description of recommended salary implementation plan, and the like. c) Salary survey analysis worksheets, including raw salary data and data analyzed showing averages and weighted averages. d) Recommended pay strategies and the accompanying policies that will enable the County to maintain an equitable, competitive pay plan. e) Benefits survey analysis worksheets, including raw benefits data and data analyzed along with recommendations. f) Employment category analysis worksheets, showing employment categories used by employers surveyed and any benefits extended to any non-permanent employment category. 2. Lists of recommended classes and salary grade assignments: a) In alphabetical order by class b) By occupational grouping c) By salary grade This should be provided as hard copy and in electronic format in Microsoft Excel. 3. Updated and/or new class specification for each recommended class using Orange County's present specification format or, if different, a format agreed on in advance with the Personnel Director. This should be provided as both hard copy and in electronic format in Microsoft Word. 4. An allocation list by department showing each employee by name, present classification, proposed classification, present salary grade, proposed salary grade, present salary, and proposed salary (under the recommended salary implementation plan). This should be provided as a hard copy and in electronic format in Microsoft Excel. 5. Estimated implementation costs under the recommended salary implementation plan. L. Expectations of Consultant 1. The selected consultant must have knowledge of current position evaluation and pay methodologies. 2. The consultant must have prior successful experience in completing classification and pay studies in public sector organizations. 3. The consultant shall not subcontract any portion of this study without the expressed written agreement of the County. 4. The consultant shall involve the Orange County Personnel Director and the Personnel Analyst in all phases of the study.' 5. The consultant will orient the Personnel Director and the Personnel Analyst to the job evaluation methodology that will be used. 6. Orange County expects the consultant's project manager to be a strong participant in the study so that he or she can answer detailed questions from Personnel, department heads, and employees about the study results and recommendations. M. Proposal Requirements Proposals submitted should include the following information: 1. Indication that the consultant will meet the requirements outlined in this request for proposals. 2. Information describing the consultant's plan for conducting the study, including a projected timetable specifying the projected time for study completion, as well as each phase of the study. 3. A description of the specific job evaluation methodology that the consultant will use. In this, indicate specifically whether points or a numerical rating system are used in the job evaluation methodology. 4. A list of items and/or additional support needed from Personnel staff, including functions that are anticipated to be completed solely by Personnel staff. 5. Name of the person who will direct the study, conduct interviews, and attend meetings. Background information on this person's qualifications. 6. Name(s) of the person(s) who will assist in the study and background information on these persons. Orange County retains the right to pre-approve any other consultants 1(~ who might assist with the interviews or other portions of the study that involve interactions with County employees and officials. 7. A brief history of the consulting firm and North Carolina local government references with current contact information. 8. The total cost, inclusive of expenses, for the classification, pay, and benefits study. N. Proposal Submission and Award Orange County has once again achieved the highest verifiable waste reduction rate in the State of North Carolina as calculated by the NC Waste Management Division. In keeping with our continued efforts to reduce waste at its source, we are asking that vendor's hard copy responses be double-sided and on recycled content paper to the extent practicable. Vendors must submit one double-sided hard copy and five (5) copies on CD of their Proposals (in .pdf format) to Orange County to: Mr. David Cannell Orange County Purchasing Department PO Box 8181/129 E King Street Hillsborough, NC 27278-8181 Telephone: (919) 245-2651 no later than 5:00 p.m. local time at the Orange County Purchasing office in Hillsborough, NC, August 21, 2007. Clearly mark remitting Proposal: "SEALED PROPOSAL - RFP 5134 -Proposals for the Classification, Pay, and Benefits Study" Proposals must be received in the Purchasing Department not later than 5:00 pm EST on Tuesday, August 21, 2007. Basis for Award -The County may choose to accept or reject any or all proposals. The selection process may include an interview for the top candidate(s) with the Personnel Director, Purchasing and Central Services Director, County Manager, and/or other County staff. The interview and staff recommendation process is anticipated for completion no later than September 7, 2007 with the Board of County Commissioners consideration slated for September 19, 2007. The successful candidate will be notified of the Board's action within two days. Questions about the Request for Proposals may be addressed to: David Cannell, Purchasing Agent, at (919) 245-2651 or dcannellCa~co.orange.nc.us (preferred); or Pam Jones, Purchasing and, Central Services Director at (919) 245-2652 or pjones~co.orange.nc.us (preferred). Orange County, NC DEPARTMENT FTE AGING & OPT 33.50 ANIMAL SERVICES 27.00 BOARD OF ELECTIONS 4.00 BUDGET 3.00 CHILD SUPPORT 12.00 COOPERATIVE EXTENSION 13.00 COUNTY COMMISSIONERS 10.00 COUNTY MANAGER 10.00 ECONOMIC DEVELOPMENT 10.63 EMERGENCY MANAGEMENT 89.00 ENVIRON & RESOURCE CONSERV 7.00 FINANCE 6.00 HEALTH 93.90 HOUSING & COM DEVEL 7.00 HUMAN RIGHTS & RELATIONS 5.00 INFORMATION TECHNOLOGY 10.70 LAND RECORDS 7.00 LIBRARY SERVICES 15.18 PERSONNEL 9.00 PLANNING & INSPECTIONS 34.53 PUBLIC WORKS 40.00 PURCHASING & CENTRAL SERVS 6.00 RECREATION & PARKS 16.00 REGISTER OF DEEDS 16.00 REVENUE/TAX COLLECTOR 13.00 SHERIFF 135.00 SOCIAL SERVICES 159.00 SOIL & WATER 4.00 SOLID WASTE/LANDFILL 59.00 TAX ASSESSOR 13.00 GRAND TOTAL: 868.43 Attachment II Orange County Classification, Pay and Benefits Study Vendor Evaluation Guidelines The finalist vendors have been provided guidelines for the presentation indicated below. 1. Describe previous engagements that are similar in scope and function to this one, including your experience in reporting recommendations to elected governing boards. ~a 2. Describe how your position descriptions instrument is constructed to draw the best possible information from employees. 3. Explain your planned approach to personal contact with employees, including orientations meetings, interviews, desk audits, appeals, and the like. 4. Describe your planned approach to conducting a labor market survey for pay comparability, including identification of benchmark positions. 5. Describe your planned approach for surveying and reporting on comparable employee benefits among other area employers., 6. Review your proposed fee schedule in detain, including all anticipated expenses, and any potential changes to your total quoted price- up or down -depending on adjustments to the scope of work to b included in a final contract with the County. Please evaluate the vendor performance during the presentation based on the points listed below. 5 would be the highest rating on each of the areas and 1 would be the lowest. A 3 rating would be the lowest acceptable rating of an area. If the vendor has not provided the information in the presentation they should be rated a 0 for that area. i~ Attachment III AGREEMENT TO PROVIDE PROFESSIONAL HITIVIAN 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: 1. Fmnloyment of (".onsultant. The County agrees to engage the Consultant and the Consultant hereby agrees to perform the services described in "Scope of Services" below. 2. Scone of Services. The Consultant shall do, perform and carry out in a good and professional manner the scope of services defzzzed i~z the proposal submitted to tl:e County and condensed in the following: Consultant will employ a~z award=winning, valid a~zd reliable job evaluation system to determine the complexity and relative worth of each job within the County (internal equity): Consultant will conduct azz exte~zsive market comparability study azzd analysis to identify the competitive pay rates being paid for jobs similar in content to those of the County in the labor marlcet(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 recomnzendatiozasfnr future action. Consultant will develop a pay classificatio~z structure azzd pay plazz for the County that will be designed to integrate and accommodate the future impacts of new technologies, 1 1~}- new professions, reengineered work flow, skill-based career progression, skill-based pay, self-directed teams, etc. • Consultant will develop wage arzd salary cost projections required to implement the 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). e Consultant will conduct a review arzd analysis to determine if exempt or norz-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 cornpreherzsive narrative report arzd 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 arzd 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 irnplementatiorz strategies to assist the County irz firzdirzg a strategic implerrzerztatiorz 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 comnzunicatiorzs with regard to both process and progress throughout the study. 2 15 o Consultant will provide a compensation/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 adva~zced job evaluation software package, a~zd trairzi~zg 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 shady. 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. Coma ensation. 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. ]Viethod of Payment. 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. Ch~PS. 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. ~, services and Materials t~ he Furnished by C=one'. 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. 8. Rights to Terminate Contract. 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. 3 Ib 9. Indemnification. 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. ~gyr~ighl. 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. Acco lishment of Project. 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 ('.oncerning Certain 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 to the terms and requirements of pertinent laws. 13. Matters to he Tisregarded. 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. Completeness of Contract. 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. Obligation 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 malting 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 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. C'.~nsultant 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. ]~ti~e~. 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: By: Name: Name: F.arne~t R. Archer (Printed or typed) (Printed or typed) Title: Title: Pre~iclent 5