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Res No 104-10-13138RESOLUTION NO: 104 -10 -13138 A Resolution of the Mayor and City Commission of the City of South Miami, Florida, selecting The Mercer Group, Inc. to serve as the search firm to conduct a search for an individual to fill the City Manager position; Authorizing the Mayor to execute a contract with The Mercer Group, Inc.; and providing an effective date. Whereas, on April 19, 2010, the City Commission passed a Resolution authorizing the Deputy City Attorney to seek requests for qualifications to retain the services of a search firm to assist the City in locating and ultimately hiring a City Manager, and Whereas, the City has received several responses to the request for qualifications from search firms and has afforded the search firms the opportunity to make oral presentations to the City Commission on May 11, 2010. Now, therefore, be it resolved by the Mayor and the City Commission of the City of South Miami, Florida: Section 1. The search firm of The Mercer Group, Inc., is hereby selected to conduct the City Manager search. Section 2. The City Attorney shall draft an appropriate contract with the selected search firm and the Mayor is hereby authorized on behalf of the City to execute the contract. Section 3. This Resolution shall take effect immediately upon its adoption PASSED AND ADOPTED this 11th, day of May, 2010. ATTEST: 1 *ITYERK --f {ke'�'ei' READ AND APPROVED AS TO FORM AND SUFFICIENCY: WAMy WAMy DocumentsVesotutionsWesotution CM Search Fim.doc.doe APPROVED: o Jazl' — MAYOR COMMISSION VOTE: 4 -1 Mayor Stoddard: Yea Vice Mayor Newman: Yea Commissioner Palmer: Nay Commissioner Beasley: Yea Commissioner Harris: Yea This AGREEMENT, made as of this iy day of —, 2010, by and between THE MERCER GROUP, INC. and the CITY OF SOUTH MI� AMI, FLORIDA, a governmental corporation. WITNES.SETH: WHEREAS, the City of South Miami, Florida, (hereinafter referred to as the "City") has made a request for proposals dated April, 2010, to hire an executive recruiter to conduct searches for a City Manager for the City, and WHEREAS, The Mercer Group, Inc. (hereinafter referred to as "Mercer ") has submitted a proposal in response to the City's request; and WHEREAS, the City has selected Mercer's proposal as the proposal which best meets its needs and the City desires to hire Mercer to conduct the City's search for a new City Manager, and WHEREAS, Mercer desires to assist the City in conducting the City's search for a City Manager. 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 City hereby agree as follows: 1. Mercer agrees to provide services and support to the City in the conduct of the City's search for a City Manager. Mercer agrees to conduct the City's project in accordance with scope of services outlined in its Proposal to the City dated May 2, 2010, in response to the City's request for proposal. Mercer's proposal is incorporated by reference and thus made a part of this Agreement. 2. The City agrees to compensate Mercer for its services in the amount of $16,500 for professional services and not -to- exceed $8,000 in expenses. Payments to Mercer are to be made as outlined on pages 15 -16 of Mercer's proposal to the City. 3. The City and Mercer both agree that this Agreement shall he governed by the laws of the State of Florida. Agreement, Continued: 4. The City 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. The City 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. b. The parties shall have the right at either party's convenience to terminate this Agreement following ten (10) days written notice to the affected parry. Should either party terminate this Agreement the City shall only be obligated to pay Mercer for those services already provided. ATTEST: WIA . v� CITY OF SOUTH MIAMI, FLORIDA BY: fv✓ ���� % M gyor