HomeMy WebLinkAboutAgenda - 11-05-2013 - 5iORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: November 5, 2013
SUBJECT: Approval of Contract with Springsted, Incorporated
DEPARTMENT: Clerk to the Board
ATTACHMENT(S):
Contract with Springsted
Action Agenda
Item No. 5 -i
PUBLIC HEARING: (Y /N) No
INFORMATION CONTACT:
Donna Baker, 245 -2130
PURPOSE: To approve a contract for the purpose of conducting an executive search for a
County Manager.
BACKGROUND: Springsted, Incorporated (Springsted) has proposed to conduct a nationwide
search for Orange County's next County Manager. The Board of Commissioners has chosen to
expend additional funds to require Springsted to solicit greater public input. Springsted
proposes to provide the services delineated in the attached contract and more specifically to
engage in the following services:
Develop, review, analyze and report on the outcome of an electronic and paper survey for
distribution to Orange County citizens concerning qualities, skills, personality traits, etc. the
new manager should possess to succeed in Orange County. This would also include an
identification of issues the new Manager may face and other questions yet to be developed.
Hold multiple (4) meetings with residents around the County to gain public input.
Preparation, administration and compilation of a community based survey, cost $3,000.
Coordination and conducting more extensive community meetings in order to vigorously
solicit public comment throughout Orange County, cost $1,500 (this takes into account
there will not be focused groups as outlined in the proposal)
Interview Mayors and managers of Orange County's municipalities (no additional charge).
(1) Includes travel costs for initial meetings for interviews with the County and other groups.
(2) Includes advertising costs, printing of profiles, overnight delivery of materials to certain
candidates.
(3) Includes printing of semi - finalist report and travel costs for presentation to the County.
(4) Includes travel costs to coordinate interviews, printing of final report and background
investigation by Springsted investigator of top candidate.
(5) Should the County decide to use webcam, video or other electronic media for interviewing
candidates, an estimated cost of $350 per candidate should be added to out -of- pocket
expenses.
(6) Out -of- pocket expenses do not include travel expenses for candidates, which is
traditionally borne by the community. Springsted will schedule all travel in accordance with the
community's travel policy limits. Because the number of candidates being interviewed or their
location is unknown, providing a refined estimate of cost to the community is difficult at this
time.
FINANCIAL IMPACT: Projected costs are $19,900 for personnel expenses and $5,450 for out
of pocket costs.
RECOMMENDATION(S): The Interim Manager recommends the Board approve and authorize
the Chair to execute the contract.
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Personnel Cost
Out -of- Pocket Costs
Position Analysis
$ 3,100
$ 750
Conduct a community wide
3,000
0
survey
Coordinate and Conduct
1,500
750(l)
Community Meetings (4)
Recruitment
3,300
2,150 (2)
Preliminary screening
2,500
Identification of Semi
3,300
750 �3>
finalists
Selection of
Finalists /Candidate
3,200
1,050 (4)(5)(6)
Presentation
$19,900
$ 5,450
TOTAL
(1) Includes travel costs for initial meetings for interviews with the County and other groups.
(2) Includes advertising costs, printing of profiles, overnight delivery of materials to certain
candidates.
(3) Includes printing of semi - finalist report and travel costs for presentation to the County.
(4) Includes travel costs to coordinate interviews, printing of final report and background
investigation by Springsted investigator of top candidate.
(5) Should the County decide to use webcam, video or other electronic media for interviewing
candidates, an estimated cost of $350 per candidate should be added to out -of- pocket
expenses.
(6) Out -of- pocket expenses do not include travel expenses for candidates, which is
traditionally borne by the community. Springsted will schedule all travel in accordance with the
community's travel policy limits. Because the number of candidates being interviewed or their
location is unknown, providing a refined estimate of cost to the community is difficult at this
time.
FINANCIAL IMPACT: Projected costs are $19,900 for personnel expenses and $5,450 for out
of pocket costs.
RECOMMENDATION(S): The Interim Manager recommends the Board approve and authorize
the Chair to execute the contract.
K
AGREEMENT
THIS AGREEMENT made and entered into this day of November, 2013, by and
between ORANGE COUNTY , NORTH CAROLINA hereinafter referred to as the "County ",
parry of the first part, and SPRINGSTED INCORPORATED, hereinafter referred to as
"Consultants ", party of the second part,
WITNESSETH
WHEREAS, and in consideration of the mutual benefits accruing to the parties hereto, the
Consultants hereby agree to perform all necessary professional management consultant services for
completion of an Executive Search for a County Manager described in the Scope of Services, dated
July 31, 2013, as attached, and upon the terms and conditions hereinafter provided:
1. That certain written proposal for preparation of Executive Search Services for
Orange County, North Carolina submitted by Consultants becomes a part of this
Agreement and is hereinafter referred to as "Scope of Service ", a copy of which is
attached hereto and made a part hereof.
2. Consultants' compensation for the services as outlined in the amended Scope of
Services, shall be made upon certified billing and progress reports to be made
monthly to the County by Consultants for work performed during the preceding
month, with payment to be made by the County within thirty (30) days from receipt
of such billing. The cost to the County under this Agreement related to said
executive search and Scope of Service will not exceed the sum of Nineteen
thousand nine hundred dollars ($19,900.00), plus direct out -of- pocket expenses not
to exceed Five thousand four hundred fifty dollars ($5,450.00).
3. Consultants shall make available all data, notes and memoranda completed during
the study and upon completion of the study will forward such materials to the
County for its use.
4. This Agreement may be terminated by either parry upon seven (7) days' written
notice should the other parry fail substantially to perform in accordance with its
terms, through no fault of the other.
5. All claims, disputes and other matters arising out of or relating to this Agreement or
the breach hereof shall be governed by the laws of the State of North Carolina.
Venue shall be in Orange County.
6. (a) During the performance of this Agreement, the Consultants agree not to
discriminate against any employee or applicant for employment because of race, religion, color,
sex, national origin, age, disability, gender, ethnicity, sexual orientation, or any other basis
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prohibited by state law relating to discrimination in employment except where there bona fide
occupational qualification reasonably necessary to the normal operation of the contractor.
Notices setting forth the above language shall be posted in conspicuous places, available to
employees and applicants for employment.
(b) The Consultants, in all solicitations or advertisements for employees placed by or
on their behalf, will state that they are an equal opportunity employer.
(c) Notices, advertisements and solicitations placed in accordance with federal law,
rule or regulation shall be deemed sufficient for the purpose of meeting the above
requirements.
(d) The Consultants will include the provisions of paragraphs (a), (b) and (c) in every
subcontract or purchase order of over $10,000, so that the provisions will be
binding upon each subcontractor or vendor.
7. Consultant's federal identification number is 41- 1754318.
8. Consultant shall:
(a) Publish announcements detailing the County Manager's position with the North
Carolina Association of County Commissioners and the North Carolina League of
Municipalities.
(b) Conduct and administer a community -wide survey to solicit input from the public
on the qualities, qualifications, skills, personality traits, professional views,
experience, managerial style, and other key aspects of the position of county
manager.
(c) Develop, review, analyze, and report on the outcome of an electronic and paper
survey for distribution to Orange County citizens concerning qualities, skills,
personality traits, etc. the new manager should possess to succeed in Orange County.
This also includes an identification of issues the new Manager may face and other
questions yet to be developed.
(d) Interview the Mayors and managers of each municipality situated in Orange
County to solicit input.
(e) In place of focus groups hold four (4) citizen meetings around the County to gain
further public input.
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(f) Perform one additional executive search at no charge other than reimbursement of
direct expenses (out -of- pocket costs) if the new County Manager voluntarily resigns, or
is dismissed for cause, during the first two years of employment.
(g) Maintain at its sole cost Commercial General Liability Insurance, Automobile
Insurance, Workers' Compensation Insurance, Professional Liability Insurance, and
any additional insurance as may be required by Owner's Risk Manager as such
insurance requirements are described in the Orange County Risk Transfer Policy and
Orange County Minimum Insurance Coverage Requirements (each document is
incorporated herein by reference and may be viewed at
htlp:Horan eg counlync .gov/purchasing /contracts.asp).
(h) Defend, indemnify and hold harmless the County from all loss, liability, claims or
expense, including attorney's fees, arising out of or related to the Executive Search
and arising from bodily injury, including death or property damage, injury to
reputation or loss of gainful employment, to any person or persons caused in whole
or in part by the negligence or misconduct of the Consultants except to the extent
same are caused by the negligence or willful misconduct of the County. It is the
intent of this provision to require the Consultants to indemnify the County to the
fullest extent permitted under North Carolina law.
9. Contractual claims, whether for money or other relief, shall be submitted by the
Consultants in writing no later than sixty days after final payment; however, written notice of the
Consultant's intention to file such claim shall have been given at the time of the occurrence or
beginning of the work upon which the claim is based. The County shall consider the claim, and
shall make a written determination as to the claim within forty -five days after receipt of the
claim. Such decision shall be final and conclusive unless the Consultants appeal within six
months of the date of the final decision by instituting legal action as provided in the General
Statutes of the State of North Carolina.
10. During the performance of this Agreement, Consultants agrees to (i) provide a drug -
free workplace for their employees; (ii) post in conspicuous places, available to employees and
applicants for employment, a statement notifying employees that the unlawful manufacture, sale,
distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited
in the workplace and specifying the actions that will be taken against employees for violations of
such prohibition; (iii) state in all solicitations or advertisements for employees that they maintain
a drug -free workplace; and (iv) include the provisions of the foregoing clauses in every
subcontract or purchase order of over $10,000, so that the provisions will be binding upon each
subcontractor or vendor.
11. The Consultants do not, and shall not during the performance of this Agreement,
knowingly employ an unauthorized alien as defined in the Federal Immigration Reform and
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Control Act of 1986 and by executing this Agreement acknowledge they are in compliance with
Article H of Chapter 64 of the North Carolina General Statutes.
ORANGE COUNTY, NORTH CAROLINA
SPRINGSTED INCORPORATED
By:
This instrument has been pre - audited in the manner required by the North Carolina Local
Government Budget and Fiscal Control Act:
Office of the Chief Finance Officer
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