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HomeMy WebLinkAbout2002.0408.TCSEM.PacketNOTICE OF SPECIAL AND EXECUTIVE SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL Mayor Morgan Councilman Melendez Councilwoman Hutcheson Councilwoman Fraverd Vice Mayor Kavanagh Councilwoman Ralphe WHEN: MONDAY, APRIL 8, 2002 TIME: 5:00 P.M. WHERE: TOWN HALL TELECONFERENCE ROOM 16836 E. Palisades, Building A CALL TO ORDER — Mayor Morgan ROLL CALL 1.) Pursuant to A.R.S. §38-431.03.A.1., AND A.R.S. §38-431.03.A.3., VOTE TO GO INTO EXECUTIVE SESSION FOR: discussion or consideration of employment, assignment, appointment, promotion, demotion, dismissal, salaries, disciplining or resignation of a public officer, appointee or employee of any public body, except that with the exception of salary discussions, an officer, appointee or employee may demand that such discussion or consideration occur at a public meeting. The public body must provide the officer, appointee or employee with such personal notice of the executive session as is appropriate but not less than 24 hours for the officer, appointee or employee to determine whether such discussion or consideration should occur at a public meeting. (The Council will meet with James L. Mercer, President of The Mercer Group, Inc. regarding the search for a new town manager. They will also discuss the Acting Town Manager's contract.); AND for discussion or consultation for legal advice with the attorney or attorneys of the public body. (The Town Attorney will provide an update on the County Attorney Quo Warranto action regarding the Fire District Board.); respectively. 2.) RETURN TO SPECIAL SESSION. 3.) DISCUSSION AND POSSIBLE ACTION regarding a contract with The Mercer Group to assist the Council in the recruitment a new town manager. 4.) ADJOURNMENT. DATED this 5t' day of April 2002. 1\ By: Cassie B. Hansen, Director of Administration/Town Clerk The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 837-2003 (voice) or 1-800- 367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to participate in this meeting. 0 AGREEMENT This AGREEMENT, made as of this 9' day of April, 2002, by and between THE MERCER GROUP, INC., and the TOWN OF FOUNTAIN HILLS, ARIZONA, a municipal corporation. WITNESSETH: WHEREAS, the Town of Fountain Hills, Arizona (hereinafter referred to as the "Town") has made a request to hire a consultant to assist the Town to conduct a search for a Town Manager for the Town; and WHEREAS, the Town has selected The Mercer Group, Inc. (hereinafter referred to as "Mercer") as the firm which best meets its needs, and the Town desires to hire Mercer to conduct the Town's search for a Town Manager; and WHEREAS, Mercer desires to assist the Town in recruiting and evaluating candidates for the Town Manager position. 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 Town hereby agree as follows: Mercer agrees to conduct "turn -key" executive search services and support to the Town in the recruitment of a Town Manager. 2. Mercer agrees to conduct the Town's search for a Town Manager in accordance with the scope of services typically included in Mercer's "turn -key" recruitment services provided to other communities. 3. Mercer agrees that the total professional services fee for this search process shall be twelve thousand, five hundred dollars ($12,500.00). 4. Mercer agrees that Mercer's total expenses associated with this search process will not exceed seven thousand, five hundred dollars ($7,500.00). 5. Mercer acknowledges that there will be additional expenses to the Town beyond those identified in Paragraph 4, above. Such additional expenses will be borne directly by the Town and will be related to candidate travel, lodging and per diem expenses for selected finalist candidates to visit the Town of Fountain Hills for purposes of interviewing for the position. Such expenses are typically approximately one thousand dollars ($1,000.00) to one thousand, five hundred Page 1 of 3 AWN dollars ($1,500.00) per person per trip, depending upon where the candidate resides at the time of the interview. In addition, expenses for the successful selected candidate to visit the Town of Fountain Hills for purposes of locating a residence within the Town and for moving the successful candidate to the Town of Fountain Hills from his/her present residence are not included in Mercer's expenses to the Town. Mercer acknowledges that these expenses are negotiable with the selected candidate and that they cannot be accurately determined at this time, due to the uncertainty about the current location of the successful candidate for the Town Manager position. 6. Mercer stipulates that there are certain guarantees made to the Town as a result of Mercer's search process. These guarantees are that Mercer will not recruit the placement resulting from this search at any time after that placement is made without the express written consent of the Town Council of the Town of Fountain Hills. In addition, if the Town Council cannot make a selection from the initial group of candidates presented as finalists to the town council for interview, Mercer will produce additional candidates for expenses only for the Town Council to interview. Further, Mercer will not recruit any staff from the Town of Fountain Hills, without the express written consent of the Town Council, for a period of two years following the date of placement of the Town Manager. Lastly, if for any reason the placement resulting from this search leaves the employ of the Town of Fountain Hills within two years following the date of placement resulting from this search, Mercer will replace that person for expenses only. 7. The Town and Mercer both agree that this Agreement shall be governed by the laws of the State of Arizona, and shall be subject to the provisions of A.R.S. § 38- 511, et.seq. 8. The Town 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. 9. The Town 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 affect the terms of this Agreement. 10. The parties shall have the right, at either party's convenience, to terminate this Agreement following ten (10) days' written notice to the affected party. Should either party terminate this Agreement, the Town shall only be obligated to pay Mercer for those services already provided. Page 2 of 3 DONE, this 9" day of April, 2002. FOR THE TOWN OF FOUNTAIN HILLS: lop Sharon Morgan, Mayor ATTEST: Cassie Hansen, Director of Administration/Town Clerk REVIEWED BY: Wi m E. Farrell, Fwn Attorney FOR THE 1fRCER GROUP, INC. James- .-Mercer]CMC 0 Page 3 of 3