Agenda - 11-05-2013 - 5i - Laserfiche WebLink

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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 3