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EDA delays MOU with regional consultant amid procurement and termination concerns
Summary
Members expressed concerns about a proposed MOU and consultant contract (YellowSox/RRA model) to form a regional economic development organization, requesting county‑attorney review and clearer termination, refund and KPI language before committing the EDA's $10,000 contribution.
The Houston County Economic Development Authority spent an extended portion of its April 22 meeting debating a proposed memorandum of understanding to participate with neighboring localities in a regional economic development effort and hire a consultant to guide formation.
Staff described an MOU that would fund consultant services under a two‑year participation model ($10,000 per year). Several board members objected to signing the current form, saying the document lacked clear termination and refund provisions, precise key performance indicators and a conflict‑resolution process. One member said, "I am very uncomfortable going into no guide rails on who's paying for what," and pressed for contractual terms that would allow the county to terminate and seek refunds if the consultant failed to perform.
Why it matters: The proposal would commit local funds and bind the county to a formation process that board members said should include clearer rules for procurement, shared services and liabilities. Members argued for either converting the consultant MOU into a contract with explicit remedies and KPIs or waiting for counsel to propose changes that protect the county.
Discussion highlights: Board members raised standard procurement concerns (timing, sole‑source justification, and whether the arrangement should be an MOU among the localities with a separate contract for the consultant). Staff and subcommittee members said the consultant is expected to guide organizational development and drafting of bylaws; several members countered that those organizational terms should be resolved before committing funds or that contract terms should contain explicit performance and termination language. Another member noted that, under procurement thresholds, the $10,000 limit still requires a clear statement of deliverables and accountability.
Board action and next steps: The EDA agreed to defer final approval and to ask the county attorney to review the MOU and recommend changes. Staff was instructed to negotiate clearer contract terms with the consultant (including termination clauses and KPIs) and to circulate any revised documents to members before the next meeting. The board also appointed an EDA representative and an alternate from the subcommittee to attend the regional formation meetings.
Ending: No funds were disbursed at the meeting; members asked staff to return with revised contractual language and the county attorney's opinion in time for the May meeting so the board can make a decision.
