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HomeMy WebLinkAbout1987-0061661L ORDINANCEAN AND ARTHURYOUNG FAGREEMENT DENTON OR THE CITY'SMANAGEMENT/SUPERVISION PAY PLAN, APPROVING THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING FOR AN EFFECTIVE DATE NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the City Council hereby approves and authorizes the Mayor and City Secretary to execute and attest, respectively, the agreement between the City of Denton, and Arthur Young, providing for a comprehensive study to the City's Management/ Supervision Pay Plan under the terms and conditions being contained in said agreement which is attached hereto and made a part hereof SECTION II That the City Council authorizes the expenditure of funds in the manner and amount as specified in the Agreement SECTION III That this ordinance shall become effective immediately upon its passage and approval ,y� PASSED AND APPROVED this the 6' day of 01a&j � 1987 RAY SF HENS MAYOR CITY DENTON, TEXAS ATTEST C 2 T ; ALLEN, CI S CR RY C OF ENT ON, TEXAS APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS �r BY LOL 1661L THE STATE OF TEXAS S AGREEMENT BETWEEN THE CITY OF DENTON AND ARTHUR YOUNG COUNTY OF DBNTON S The City of Denton, Texas, a Municipal Home Rule City situated in Denton County, Texas, hereinafter called "City", acting herein by and through its City Manager and Arthur Young, hereinafter called "Consultant," hereby mutually agree as follows I SERVICES TO BE PERFORMED City hereby retains Consultant to perform the ereina ter designated services and Consultant agrees to perform the following services A Conduct a comprehensive study and provide recommenda- tions for changes, improvements, and adjustments to the City's Management/Supervision Pay Plan The specific tasks to be completed are as set forth in Consultant's Proposal, dated October 31, 1986, particularly the Consulting Approach and Work Products and Expected Benefits Sections, copies of which are attached hereto and incorporated by reference herein In the event of any conflict between said proposal and this Agreement, the provisions of this Agreement shall be controlling B Provide typewritten copies of all updated job descrip- tions, as set forth in the attached Consultant's pro- posal and a tape, disk, or other format compatible with Wang word processing equipment of such job descriptions for future use by City Such media is delivered as is, and any and all warranties express or implied are hereby excluded including warranties of fitness for a particu- lar purpose and merchantability Presentation of Comprehensive Report Consultant shall conduct periodic meetings with City's Executive Staff and obtain approval on methodology, results, and appeals Such approval shall not be unreasonably withheld or delayed Consultant shall make a final presentation to City Manager and to the City Council Consultant shall provide twenty (20) copies to the City Council and Executive Staff of the detailed written comprehensive report of the study, findings and recommendations, which shall include the cost of implementation D Availability of City Resources City will make avail- able to consultant the following Copies of Management/Supervision job specifications and current organizational charts 2 Current payroll and position control documents 3 The Personnel Director will be available for progress update consultations 4 The time required of each City management/supervisory employee to complete the position analysis question- naire (approximately 1-3 hours each) in a timely manner and to be available for interview with con- sultants, as needed (up to approximately 1-2 hours per interview) 5 Part-time assistance in the activities described in Consultant's proposal, including distribution and collection of position analysis questionnaires, providing information on the city's current pay program procedures, scheduling of interviews, etc II Term of Agreement Consultant shall commence its services on January 7, 1986 A Final presentation to the City Manager shall be com- pleted no later than February 17, 1987 Presentation to the City Council shall be completed no later than March 17, 1987 B The consultant shall make available reasonable consul- tation time without additional cost for a three month period to respond to telephone questions regarding implementation of the project C Deviation from this schedule is acceptable only if approved by City's Personnel Director, or for reasons beyond the Consultant's control III COMPENSATION TO BE PAID CONTRACTOR City agrees to pay Consultant for the services per orme ereunder as follows A Amount of Payment for Services City agrees to pay Consultant for the services per- formed hereunder as estimated below Estimated Estimated Consultant Mandays Fees Project Director 4 $ 3,248 Project Staff 21 10,584 Paraprofessional Staff 3 668 $14,500 Estimated Expenses Estimated Cost (Includes travel, lodging, meals, - $ clerical and computer time) $ 2,500 3,500 TOTAL ESTIMATED FEES AND EXPENSES $17,000 - $18,000 It is agreed and understood that the City and Consultant will make extra efforts to monitor and control the above expenses However, regardless of estimates set forth and time and expenses expended, in no event will the total project cost exceed $19,000 for Consultant's fees and expenses B Dates of Payment Within 30 days of completion of services provided for herein, excluding those services provided under Paragraph II B IV SUPERVISION AND CONTROL BY CITY It is mutually under- y an etween city an Consultant that Consul - stood ant—a—g—reetant is an independent Consultant and shall not be deemed to be or considered an employee of the City of Denton, Texas for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, worker's compensation, or any other City employee benefit The City shall have supervision and control of Consultant and any employee of Consultant while on citremisesnderstood shall pperform�thedservicesit is ehereunder xpressly uaccording to aConsultant the attached Cosultantofn the City Manager anger loft the Ca ty ofl Denton nor irecton of ad this hsatisfaction designee under this agreement V SOURCE OF FUNDS All payments to Consultant under this agreement are to a psi by the City from funds appropriated by the City Council for such purposes in the Budget of the City of Denton VI INSURANCE Consultant shall provide at its own cost and expense wor men s compensation insurance, liability insurance, and all other insurance necessary to protect Consultant in the operation of Consultant's business VII INDEMNIFICATION Consultant shall and does hereby agree to indemnify and holdarmless the City of Denton from any and all damages, loss or liability of any kind whatsoever, by reason of injury to property or third persons to the extent directly and proximately caused by the error, omission or negligent act of Consultant, its officers, agents, employees, invitees, and other persons for whom it is legally liable, in the course of the performance of this agreement, and Consultant will, at its cost and expense, defend and protect the City of Denton against any and all such claims and demands VIII CANCELLATION City and Consultant each reserve the right to cancel this Agreement at any time by giving the other party fourteen (14) days written notice of its intention to cancel this Agreement, provided the City pays Consultant for services performed prior to notice of cancellation IX TERM OF CONTRACT This Agreement shall commence on the 7th day of January, 1987, and end upon the completion of the pro3ect EXECUTED this (of day of ATTEST �Mrlm I Sysums 1987 CITY OF DENTON, TEXAS BY RAY STJEPHENS, MAYOR APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY &f Yf 0 ARTHUR YOUNG That Thomas W Klinck, is hereby designated as the person to administer the provisions of this agreement 11 DATE