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Please return this copy to the Clerk to the Board's— <br /> office for permanent agenda file. <br /> AGREEMENT <br /> THIS AGREEMENT made and entered into this O day of November, 2013, by and <br /> between ORANGE COUNTY , NORTH CAROLINA hereinafter referred to as the "County ", <br /> party of the first part, and SPRINGSTED INCORPORATED, hereinafter referred to as <br /> "Consultants",party of the second part, <br /> WITNESSETH <br /> WHEREAS, and in consideration of the mutual benefits accruing to the parties hereto, the <br /> Consultants hereby agree to perform all necessary professional management consultant services for <br /> completion of an Executive Search for a County Manager described in the Scope of Services, dated <br /> July 31,2013,as attached, and upon the terms and conditions hereinafter provided: <br /> 1. That certain written proposal for preparation of Executive Search Services for <br /> Orange County, North Carolina submitted by Consultants becomes a part of this <br /> Agreement and is hereinafter referred to as "Scope of Service", a copy of which is <br /> attached hereto and made a part hereof. <br /> 2. Consultants' compensation for the services as outlined in the amended Scope of <br /> Services, shall be made upon certified billing and progress reports to be made <br /> monthly to the County by Consultants for work performed during the preceding <br /> month, with payment to be made by the County within thirty(30) days from receipt <br /> of such billing. The cost to the County under this Agreement related to said <br /> executive search and Scope of Service will not exceed the sum of Nineteen <br /> thousand nine hundred dollars ($19,900.00), plus direct out-of-pocket expenses not <br /> to exceed Five thousand four hundred fifty dollars($5,450.00). <br /> 3. Consultants shall make available all data, notes and memoranda completed during <br /> the study and upon completion of the study will forward such materials to the <br /> County for its use. <br /> 4. This Agreement may be terminated by either party upon seven (7) days' written <br /> notice should the other party fail substantially to perform in accordance with its <br /> terms,through no fault of the other. <br /> 5. All claims, disputes and other matters arising out of or relating to this Agreement or <br /> the breach hereof shall be governed by the laws of the State of North Carolina. <br /> Venue shall be in Orange County. <br /> 6. (a) During the performance of this Agreement, the Consultants agree not to <br /> discriminate against any employee or applicant for employment because of race, religion, color, <br /> sex, national origin, age, disability, gender, ethnicity, sexual orientation, or any other basis <br /> 1 <br />