The URL can be used to link to this page

Home My WebLink Aboutbocc.con.155.2006 CLERK'S CHECK LIST FOR CONTRACTS SUBMITTED TO CLERK AND RECORDER FOR SCANNING/ARCHIVING CONTRACT #: 15S.. A.(J/)j, Originating Department/Division: Human Resources Contact Person: Phylis Mattice Phone #: 429-2792 Project Name Consultant for Development of Culture Based Performance Management System D BOCC AGENDA ITEM (BOCC signature required) ~STAFF AUTHORIZED SIGNATURE (per Revised Procurement Code 7/2005) Check procurement type: ~None DInformal DFormal DSole Source DEmergency DState Bid D Check Contract Tvpe: Dollar Amount: $10,000 Budget Line ltemlLedger Number 001.11.00000.82000 DEmployment (for county employees) DIntergovernmental Agreement (Requires BOCC Action) DNon-Profit DQuasi-Public DGrant Agreements (Requires BOCC Action) DChange Order/Contract Amendment ~Services/Maintenance DLicense/Use DLease DConstruction DGoods, Equipment, Supplies DOther (e.g. revenue) Contractor/Business (Complete Name):McGrath Consulting Group, Inc Contract Execution Date: September 20Cl6 Contract End Date: March 31, 2007 Automatic Renewal (YDN~) Term of Contract: 2006-2007 year(s) All Contracts should be proofed for the following: ~No Pages Missing ~If a Page is Left Intentionally Blank -Note on Page ~Page numbered consecutively ~All Signatures Affixed DAll Dates Filled In DAll Other Blanks Filled In DAll Exhibits Attached DAll Legal Descriptions Attached (lfappropriate) DNotice of AwardlProceed Attached (if appropriate) DSpecial Instructions for Finance Department: ~Sent to Clerk and Recorder for Scanning/Archiving DAuthorized Staff Person's Name: Phylis Mattice BY CHECKING ABOVE AND ENTERING NAME, THE AUTHORIZED STAFF PERSON INDICATES THAT DOCUMENT HAS BEEN PROOFED AND READY FOR SCANNING. Note: Clerk's Office will keep original documents in compliance with Colorado State Archives retainage schedule. Amended 5-12-06 , -" AGREEMENT BETWEEN THE PITKIN COUNTY AND McGrath CONSULTING GROUP, INC. FOR THE DEVELOPMENT OF A CULTURE BASED PERFORMANCE MANAGEMENT SYSTEM THIS AGREEMENT made by and between McGrath Consulting Group, Inc., hereinafter called the consultant, and the Pitkin County, hereinafter called the County. WHEREAS, the consultant submitted a proposal, dated April 2006, to the County to conduct a compensation study. WHEREAS, the County selected the consultant to perform this study. NOW, THEREFORE, the parties (the County and the Consultant) do mutually agree to the following: The County shall engage the consultant to perform the work described in its proposal of April, referred to as the PROJECT, which is incorporated herein by reference. The project shall be undertaken and completed in such sequence as to assure the expeditious completion and best carry out the purposes of the agreement. The Project wiill begin in late September 2006 with a completion date no later than March 31, 2007. The Consultant agrees to complete the project in an agreed upon timeline for a total compensation of $10,000 in consultation fees and expenses. The County agrees to pay the Consultant for work on the Project and expenses incurred, a$ the performance of such work is demonstrated by submission of ah invoice for $2,000 upon receipt of the signed contract; $6,000 upon submission of the draft report; and the balance of $2,000 upon submission of the final report. Compensation for additional trips to the County, outside of the three (3) included in the contract price, will be paid to the Consultant at the rate of $100 per hour plus expenses. Both parties - prior to incurring any expenses or performance of work - must agreiS upon additional trips or changes in the scope of the contract. The County shall remit payment within 30 days of receipt of said billing. In consideration of this agreement, the County agrees to: . Assure reasonable access to the members of the organization, Le., County Managers, selected supervisors, and other appropriate employees. McGrath Consulting Group, Inc. ~ ... . Afford prompt decisions on matters affecting the progress of the work. GENERAL CONSIDERATIONS 1. The County Ownership and Proprietary Information - The parties expressly agree that all data, documents, records, studies, or other information generated, created, found or otherwise completed by consultant in the performance of consultant's duties under the terms of this contract shall at all times remain the proprietary information of and under the ownership of the County. All data, documents, records, studies, or other information generated, referred to above, shall be provided to the County by consultant upon request so long as the County is not in default under other terms of this agreement. 2. Nondiscrimination - In consideration of the signing of this Agreement. the parties hereto for themselves, their agents, officials, employees, and servants agree not to discriminate in any manner on the basis of race, color, creed, or national origin with reference to the performance of this Agreement. 3. Termination and Suspension a. This Agreement will continue in full force and effect until completion of the Project as described in the proposal unless it is terminated for nonperformance as outlined below. b. If either party fails to perform as required by this Agreement. the other party may terminate it by giving written notice of such failure to perform and the intent to terminate. If the party receiving such notice does not cure its failure to perform with 20 days of such notice, the party issuing such notice may then terminate the Agreement by giving written notice of termination to the other party. c. In the event of termination, the Consultant will be paid by the County for all services actually, timely, and faithfully rendered up to the receipt of the notice of termination and thereafter until the date of termination. The Consultant will provide all work documents developed up to the time of termination after the County renders final payment for service. 4. Successors and Assigns- The County and the Consultant each bind the other and assigns, in all respects, to all of the terms, conditions, covenants, and provisions of this Agreement. and any assignment or McGrath Consulting Group, Inc. 2 ~ ,..". transfer by the Consultant of it interest in this Agreement without the written consent of the County shall be void. 5. Compliance with Law - The Consultant will comply with any and all applicable federal, state, and local laws (known to the Consultant) as the same exist and may be amended from time to time. 6. Amendment of Agreement - This Agreement shall not be altered, changed or amended except by mutual written agreement of the parties. 7. Indemnification Clause -For pLiJrposes of this section, work performed is described as the preparation <pf studies and recommendations pertaining to the scope of services contained in this Agreement, as presented to the County for re~iew and approval. Notwithstanding anything herein to the contrart, to the maximum extent permitted by law, the Consultant shall not b~ liable for consequential damages or for actions resulting from workimg as an agent of the County in evaluating the capability of th~ aforementioned corporation. Any confidential information provided to or developed by the Consultant in the performancEj of the agreement shall be kept confidential and not made avoilable to any individual or organization by the Consultant without the prior written approval and consent of the County. 8. Whole Agreement - This agreement constitutes the entire agreement between the County and the Consultant. Any modification must be in writing and approved by the County and the Consultant. The agreement incorporates all thE! agreements, covenants, and understanding between the p~rties concerning the subject matter hereof, and all such covenantsi, agreements, and understands have been merged into this written qgreement. , 9. Independent Contractors - TheiConsultant and its agents and employees are independent contractors performing professional services for the County and arE) not employees of the County. Nothing herein shall be construed as incjurring for the County any liability for Worker's Compensation, FICA, withholding tax, unemployment compensation, or any other payment, which would be required to be paid by the County if the Coun~y and the Consultant were standing in an employer/employee relatiortlship, and the Consultant hereby agrees to assume and pay all s\Jch liabilities. McGrath Consulting Graup, Inc. 3 ~ ,,,. transfer by the Consultant of it interest in this Agreement without the written consent of the County shall be void. 5. Compliance with Law - The Consultant will comply with any and all applicable federal, state, and local laws (known to the Consultant) as the same exist and may be amended from time to time. 6. Amendment of Agreement - This Agreement shall not be altered, changed or amended except by mutual written agreement of the parties. 7. Indemnification Clause -For purposes of this section, work performed is described as the preparation of studies and recommendations pertaining to the scope of services contained in this Agreement, as presented to the County for review and approval. Notwithstanding anything herein to the contrary, to the maximum extent permitted by law, the Consultant shall not be liable for consequential damages or for actions resulting from working as an agent of the County in evaluating the capability of the aforementioned corporation. Any confidential information provided to or developed by the Consultant in the performance of the agreement shall be kept confidential and not made available to any individual or organization by the Consultant without the prior written approval and consent of the County. 8. Whole Agreement - This agreement constitutes the entire agreement between the County and the Consultant. Any modification must be in writing and approved by the County and the Consultant. The agreement incorporates all the agreements, covenants, and understanding between the parties concerning the subject matter hereof, and all such covenants, agreements, and understands have been merged into this written agreement. 9. Independent Contractors - The Consultant and its agents and employees are independent contractors performing professional services for the County and are not employees of the County. Nothing herein shall be construed as incurring for the County any liability for Worker's Compensation, FICA, withholding tax, unemployment compensation, or any other payment, which would be required to be paid by the County if the County and the Consultant were standing in an employer/employee relationship, and the Consultant hereby agrees to assume and pay all such liabilities. McGrath Consulting Group, Inc. 3 ~