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HomeMy WebLinkAboutAgenda - 08-19-2008 - 4tORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: August 19, 2008 Action Agenda Item No. 4-t SUBJECT: Proposed Contract with The Mercer Group, Inc., to Conduct an Executive Search for the County Attorne Position DEPARTMENT: County Manager PUBLIC HEARING: (Y/N) No ATTACHMENT(S): INFORMATION CONTACT: Barry Jacobs, Chair Donna Baker, Clerk to the Board, 245- 2130 PURPOSE: To consider a proposed contract with the The Mercer Group, Inc. to conduct an Executive Search for the County Attorney position for Orange County. BACKGROUND: For the last 30 years, the legal services for the County have been provided under contract with a private local attorney. The incumbent has recently informed the Board of County Commissioners of his intention to retire from this responsibility effective December 2008. Request for Proposals (RFP) were sent out in June and three firms responded. The Commissioners reviewed proposals at a Special Meeting on July 31, 2008 and unanimously chose The Mercer Group, Inc. to conduct the Executive Search for a County Attorney. The entire process is to be completed prior to December 2008. FINANCIAL IMPACT: The projected cost to contract with the Mercer Group for the Executive Search is the same as proposed in option 1-- $15,750 for professional services and not-to- exceed $6,000 in actual expenses. RECOMMENDATION(S): The Manager recommends that the Board of Commissioners enter into a contract with The Mercer Group, Inc. to conduct a search for a County Attorney. AGREEMENT This AGREEMENT, made as of this _ day of , 2008, by and between THE MERCER GROUP, INC. and ORANGE COUNTY, NORTH CAROLINA. WITNESSETH: WHEREAS, Orange County, (hereinafter referred to as the "County") has made a request for proposal to hire an executive recruiter to conduct a search for a County Attorney for the County, and WHEREAS, The Mercer Group, Inc. (hereinafter referred to as "Mercer") has submitted a proposal in response to the County's request; and WHEREAS, the County has selected Mercer's proposal as the proposal which best meets its needs and the County desires to hire Mercer to conduct the County's search for a new County Attorney ;and WHEREAS, Mercer desires to assist the County in conducting the County's search for a County Attorney. NOW THEREFORE, in consideration of the following mutual covenants and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged by all parties hereto, Mercer and the County hereby agree as follows: 1. Mercer agrees to provide services and support to the County in the conduct of the County's search for a County Attorney. Mercer agrees to conduct the County's project in accordance with scope of services outlined in its Proposal to the County dated July 14, 2008, in response to the County's request for proposal. Mercer's proposal is incorporated by reference and thus made a part of this Agreement. 2. The County agrees to compensate Mercer for its services in the amount of $15,750 for professional services and not-to-exceed $6,000 in actual expenses. 3. The County and Mercer both agree that this Agreement shall be governed by the laws of the State of North Carolina. Agreement, Continued: 4. The County and Mercer both agree that in the event that any dispute arises between the parties, the complaining party shall promptly notify the other of the dispute in writing. Each party shall respond to the other party in writing within ten (10) working days of receipt of such notice. 5. The County and Mercer both agree that any amendments to this Agreement shall be made in writing, and executed by both parties. No proposed amendment which is not in writing and executed by both parties shall effect the terms of this Agreement. 6. The parties shall have the right at the convenience of either party to terminate this Agreement following ten (10) days written notice to the affected party. Should either party terminate this Agreement the County shall only be obligated to pay Mercer for those services already provided. ORANGE COUNTY, NORTH CAROLINA BY: ATTEST: THE MERCER GROUP, INC. BY: Phillip G. Robertson Senior Vice President