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LTC 450-2020 Update Regarding City Manager Recruitment Process and Next StepsM IA M I B E A C H OFFICE OF THE CITY CLERK/ OFFICE OF THE CITY ATTORNEY/ PROCUREMENT DEPARTMENT LETTER TO COMMISSION TO: FROM: DATE: Mayor Dan Gelber and Members of the City Commission Rafael E. Granado, City Clerk ~ Rafael Paz, Acting City Attorney Alex Denis, Procurement Department D or December 15, 2020 SUBJECT: Update Regarding City Manager Recruitment Process and Next Steps On November 18, 2020, the Mayor and City Commission selected Ralph Andersen & Associates ("Ralph Andersen") to provide executive recruitment services for the City, in connection with the City Commission's search process and selection of a new City Manager. At that meeting, the City Commission directed the City Attorney, City Clerk, and Procurement Director to negotiate and finalize the contract with Ralph Andersen, and the City Attorney advised that the final draft contract would be circulated by L TC to the Mayor and City Commission, prior to its execution. On December 9, 2020, immediately following his selection as Interim City Manager, Raul Aguila (in his capacity at the time as City Attorney) advised the Mayor and City Commission that he had divested himself completely from the selection process, and that the Acting City Attorney, along with the City Clerk and Procurement Director, would be responsible for the selection process going forward. PROPOSED TIMELINE FOR SELECTION PROCESS The proposed timeline for the selection process is attached hereto as Exhibit "1" (the "Timeline"). As explained more fully below, we intend to seek City Commission approval of the Timeline, or any revisions thereto, at the January 13, 2021 meeting. The Timeline may, of course, be subsequently adjusted by the City Commission at any time, as the circumstances may require. FINAL DRAFT CONTRACT WITH RALPH ANDERSEN The final draft of the services agreement with Ralph Anderson, including the City's standard contract terms, the scope of services for the selection process, fees, and the proposed Timeline, is attached hereto as Exhibit "2." Ralph Andersen has agreed to all terms. Letter to Com m ission Decemb er 15, 2020 Page 2 The final contract also incorporates certain additional serv ices (the "O ptional Servi ces") discussed at the Decem ber 9, 2020 City Com m ission m eeting, w hich w ould only be perform ed if appro ved by the City Com m ission at its Jan . 13, 2021 m eeting. The various options, and associated fees, are as fo llows: 1. A n intern al O rganizational Surv ey to City em ployees, w ith sum m arized results, fo r an additional $3,500. 2. A Com m unity Surv ey w ith sum m arized results, fo r an additional $3,500. 3. O rganizational Surv ey, Com m unity Surv ey and V irtual Tow n Hall - If the C ity Com m ission desires to conduct the O rganizational Surv ey, Com m unity Surv ey and hold a V irtual Tow n Hall to discuss the search pro cess w ith residents and stakeholders, the total fee fo r both surv eys and the V irtual Tow n Hall is $5,000. 4. Virtual Tow n Hall (w ith a Com m unity Surv ey) - lf the City Com m ission elects to conduct a Virtual Tow n Hall, the Virtual Tow n Hall w ill be conducted fo r no additional fee if the Com m unity Surv ey is selected. 5. Virtual Tow n Hall (w ithout a Com m unity Surv ey)- Should the City choose to conduct a V irtual Tow n Hall w ithout selecting the Com m unity Surv ey, the fee w ill be an additional $500 per each hour of the V irtual Tow n Hall (in 30 m inute increm ents), plus a one-tim e preparation fee of $500. The O ptional Serv ices, if any are appro ved by the City Com m ission on January 13, 2021, would be com pleted within the initial 45-day recruitm ent period, so as to not delay the Tim eline in any way. Please contact Acting City Attorney Rafael Paz if you have any questions or comments on the contract by Thursday evening, Dec. 17, 2020, so that we may proceed to execute the contract as early as Friday, Dec.18, 2020, if possible, in order to permit Mr. Robert Burg, the lead recruiter from Ralph Andersen, to prepare the proposed City Manager Profile (discussed more fully below) for your consideration at the January 13, 2021 meeting. DRAFT CITY MANAGER PROFILE (INCLUDING JOB DESCRIPTION) Although the final contract has not yet been executed, Mr. Robert Burg has already met with the Mayor and Commissioners to obtain their feedback on the selection process. Once the firm is formally under contract, Mr. Burg will update the proposed City Manager profile, including job description (the "City Manager Profile"), to reflect the feedback he has received during those individual one-on-one meetings. L e tte r to C o m m is s io n D e c em b e r 1 5 , 2 0 2 0 P a g e 3 T h e p ro p o s e d C ity M a n a g e r P ro fil e w ill b e p re s e n te d to th e C ity C o m m is s io n fo r its a p p ro v a l a t th e J an u ar y 1 3 , 2 0 2 1 C ity C o m m is s io n m e e tin g . G iv e n its im p o rt a n c e to th e p ro c e s s , w e in te n d to c irc u la te a d ra ft o f th e p ro p o s e d C ity M a n a g e r P ro fil e b y L T C a s s o o n a s it is a v a ila b le , to p ro v id e y o u w ith a s m u c h tim e a s p o s s ib le to rev ie w a n d c o m m e n t, in a d v a n c e o f th e J a n u a ry 13 , 2 0 2 1 m e e tin g . ANTICIPATED ACTION ITEMS AT THE JANUARY 13, 2020 CITY COMMISSION MEETING As noted above, we intend to seek direction from the City Commission as to the following matters at the January 13, 2021 City Commission meeting, namely: (1) approval of the proposed Timeline; (2) approval of the City Manager Profile, so as to formally publish the advertisement for the position and commence the initial 45-day initial recruitment period seeking applications for the position of City Manager; and (3) approval of any Optional Services, which, if approved by the City Commission, would be completed within the 45-day initial recruitment period, without delaying the proposed Timeline. As requested above, please contact Acting City Attorney Rafael Paz if you have any questions or comments on the contract by Thursday evening, Dec. 18, 2020, so that we may proceed to execute the contract as soon as possible thereafter and permit Mr. Burg to prepare the work product required for your consideration at the January 13, 2021 meeting. REG/RAP/AD/ag Exhibit "1" - Proposed Timeline Exhibit "2" - Final Draft Services Agreement with Ralph Andersen City of Miami Beach Proposed Timeline for City Manager Recruitment Process Date Activity Completed Stakeholders Meeting •Review Recruitment Process •Discuss the process for development of the City Manager Profile, recruitment brochure, and gather feedback on the following: o Opportunities and Challenges the new City Manager faces o Desired Professional Characteristics and Personal Qualities of the position January 13, 2021 City Commission approval of timeline, City Manager Job Profile and Optional Services, if any January 14, 2021 Published Brochure/Placement of Ads and Candidate Recruitment •45-day initial recruitment period •Performance of Optional Services during this 45-day search process March 1, 2021 Deadline for priority review of applications •Search Consultant conducts due diligence and preliminary screenings via Zoom March 12, 2021 Search Consultant reviews and provides written recommendation of candidates to City Commission for review and consideration March 17, 2021 City Commission selects candidates for Search Consultant to interview •Firm to conduct preliminary background checks on final candidates March 18, 2021 Search Consultant invites candidates for interview and begins preliminary background investigations including criminal, civil, financial, DMV, and education Weeks of April 5th and 12th, 2021 Candidate Interviews •Finalist Interviews •Deliberations to select new City Manager subject to scheduling of special commission meetings as required Week of April 19, 2021 Contract offer and negotiations with selected candidate •City/Ralph Andersen & Associates conducts Final Background check (including drug test and fingerprinting) and References (5-10 business days) April 21, 2021 City Commission final approval of contract **Start date of new City Manager will be determined by the City Please note: The proposed timeline may be adjusted as needed based upon the awarding of the contract, publication of the position brochure and placement of ads, the scheduling of meetings of the Search Committee, and the overall needs of the City. Exhibit "1" Executive Recruitment Services Page 1 of 44 Contract No. 2021-036-01 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND RALPH ANDERSEN & ASSOCIATES FOR EXECUTIVE RECRUITMENT SERVICES PURSUANT TO RFLI 2021-036-KB This Professional Services Agreement (“Agreement”) is entered into this ___ day of ______________, 20____(“Effective Date”), between the CITY OF MIAMI BEACH, FLORIDA, a municipal corporation organized and existing under the laws of the State of Florida, having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida, 33139 (the “City”), and RALPH ANDERSEN & ASSOCIATES, a Corporation of the State of California, whose address is 5800 Stanford Ranch Road, Suite 410, Rocklin, California 95765 (the “Consultant”). SECTION 1 DEFINITIONS Agreement: This Agreement between the City and Consultant, including any exhibits and amendments thereto. Contract Administrator: The Procurement Director of the City with offices at 1755 Meridian Avenue, Third Floor, Miami Beach, Florida 33139; telephone number (305) 673- 7490. Consultant: For the purposes of this Agreement, Consultant shall be deemed to be an independent contractor, and not an agent or employee of the City. Optional Services: Additional services, work and actions set forth in the attached Exhibit “C”, which shall be subject to prior approval of the City Commission. Services: All services, work and actions by the Consultant performed or undertaken pursuant to the Agreement. Fee: Amount paid to the Consultant as compensation for Services, as set forth in Article 1.4 of this Agreement. Proposal Documents: Proposal Documents shall mean City of Miami Beach Request for Letters of Interest (RFLI) No. 2021-036-KB for Executive Recruitment Services, together with all amendments thereto, issued by the City in contemplation of this Agreement RFLI, and the Consultant’s proposal in response thereto (“Proposal”), all of which are hereby incorporated and made a part hereof; provided, however, that in the event of an express conflict between the Proposal Documents and this Agreement, the following order of precedent shall prevail: this Agreement; the RFLI; and the Proposal. Risk Manager: The Risk Manager of the City, with offices at 1700 Convention Center Drive, Third Floor, Miami Beach, Florida 33139; telephone number (305) 673-7000, Ext. 6435; and fax number (305) 673-7023. Exhibit "2" Executive Recruitment Services Page 2 of 44 Contract No. 2021-036-01 SECTION 2 SCOPE OF SERVICES 2.1 In consideration of the Fee to be paid to Consultant by the City, Consultant shall provide the work and services described in Exhibit “A” hereto (the “Services”). Although Consultant may be provided with a schedule of the available hours to provide its Services, the City shall not control nor have the right to control the hours of the Services performed by the Consultant; where the Services are performed (although the City will provide Consultant with the appropriate location to perform the Services); when the Services are performed, including how many days a week the Services are performed; how the Services are performed, or any other aspect of the actual manner and means of accomplishing the Services provided. Notwithstanding the foregoing, all Services provided by the Consultant shall be performed in accordance with the terms and conditions set forth in Exhibit “A” and to the reasonable satisfaction of the City. If there are any questions regarding the Services to be performed, Consultant should contact the Contract Administrator. 2.2 Consultant’s Services, and any deliverables incident thereto, shall be completed in accordance with the timeline and/or schedule in Exhibit “B” hereto. SECTION 3 TERM The term of this Agreement (“Term”) shall commence upon execution of this Agreement Consultant shall adhere to any specific timelines, schedules, dates, and/or performance milestones for completion and delivery of the Services, as same is/are set forth in the timeline and/or schedule referenced in Exhibit “B” hereto. SECTION 4 FEE 4.1 In consideration of the Services to be provided, Consultant shall be compensated as referenced in Exhibit “C” attached hereto. Consultant’s performance of any Optional Services shall be subject to the prior approval of the City Commission. Payment schedule shall be as same set forth in the invoicing schedule referenced in Exhibit “C” hereto. Executive Recruitment Services Page 3 of 44 Contract No. 2021-036-01 4.2 REIMBURSEABLE EXPENSES It is understood that routine expenses (e.g., general operations and administrative costs, advertising, reproduction, courier, postage and handling, presentation materials, etc.), exclusive of travel expenses, are included in the costs identified in Article 4.1. Travel expenses may be authorized in accordance with the City’s Travel Policy (Administrative Procedure No. OD.20.01). Any other expense to be reimbursed must be authorized, in advance, in writing, by the Contract Administrator. Consultant shall certify as to each such invoice and/or voucher that the amounts and items claimed as reimbursable are “true and correct and in accordance with the Agreement.” Invoices or vouchers for reimbursable expenses shall be submitted to the Contract Administrator (along with any supporting receipts and other back-up material requested by the Contract Administrator). 4.3 INVOICING Upon receipt of an acceptable and approved invoice, payment(s) shall be made within forty-five (45) days for that portion (or those portions) of the Services satisfactorily rendered (and referenced in the particular invoice). Invoices shall include a detailed description of the Services (or portions thereof) provided, and shall be submitted to: Alex Denis, Procurement Director 1755 Meridian Avenue, 3rd Floor Miami Beach, FL 33139 COPY TO: Rafael Paz, Esq., Acting City Attorney 1700 Convention Center Drive, 4th Floor Miami Beach, FL 33139 SECTION 5 TERMINATION 5.1 TERMINATION FOR CAUSE If the Consultant shall fail to fulfill in a timely manner, or otherwise violates, any of the covenants, agreements, or stipulations material to this Agreement, the City, through its City Manager, shall thereupon have the right to terminate this Agreement for cause. Prior to exercising its option to terminate for cause, the City shall notify the Consultant of its violation of the particular term(s) of this Agreement, and shall grant Consultant ten (10) days to cure such default. If such default remains uncured after ten (10) days, the City may terminate this Agreement without further notice to Consultant. Upon termination, the City shall be fully discharged from any and all liabilities, duties, and terms arising out of, or by virtue of, this Agreement. Notwithstanding the above, the Consultant shall not be relieved of liability to the City for damages sustained by the City by any breach of the Agreement by the Consultant. The City, at its sole option and discretion, shall be entitled to bring any and all legal/equitable actions that it deems to be in its best interest in order to enforce the City’s rights and remedies against Consultant. The City shall be entitled to recover all costs of such actions, including reasonable attorneys’ fees. Executive Recruitment Services Page 4 of 44 Contract No. 2021-036-01 5.2 TERMINATION FOR CONVENIENCE OF THE CITY THE CITY MAY ALSO, THROUGH ITS CITY MANAGER, AND FOR ITS CONVENIENCE AND WITHOUT CAUSE, TERMINATE THE AGREEMENT AT ANY TIME DURING THE TERM BY GIVING WRITTEN NOTICE TO CONSULTANT OF SUCH TERMINATION; WHICH SHALL BECOME EFFECTIVE WITHIN THIRTY (30) DAYS FOLLOWING RECEIPT BY THE CONSULTANT OF SUCH NOTICE. ADDITIONALLY, IN THE EVENT OF A PUBLIC HEALTH, WELFARE OR SAFETY CONCERN, AS DETERMINED BY THE CITY MANAGER, IN THE CITY MANAGER’S SOLE DISCRETION, THE CITY MANAGER, PURSUANT TO A VERBAL OR WRITTEN NOTIFICATION TO CONSULTANT, MAY IMMEDIATELY SUSPEND THE SERVICES UNDER THIS AGREEMENT FOR A TIME CERTAIN, OR IN THE ALTERNATIVE, TERMINATE THIS AGREEMENT ON A GIVEN DATE. IF THE AGREEMENT IS TERMINATED FOR CONVENIENCE BY THE CITY, CONSULTANT SHALL BE PAID FOR ANY SERVICES SATISFACTORILY PERFORMED UP TO THE DATE OF TERMINATION; FOLLOWING WHICH THE CITY SHALL BE DISCHARGED FROM ANY AND ALL LIABILITIES, DUTIES, AND TERMS ARISING OUT OF, OR BY VIRTUE OF, THIS AGREEMENT. 5.3 TERMINATION FOR INSOLVENCY The City also reserves the right to terminate the Agreement in the event the Consultant is placed either in voluntary or involuntary bankruptcy or makes an assignment for the benefit of creditors. In such event, the right and obligations for the parties shall be the same as provided for in Section 5.2. SECTION 6 INDEMNIFICATION AND INSURANCE REQUIREMENTS 6.1 INDEMNIFICATION Consultant agrees to indemnify, defend and hold harmless the City of Miami Beach and its officers, employees, agents, and contractors, from and against any and all actions (whether at law or in equity), claims, liabilities, losses, and expenses, including, but not limited to, attorneys’ fees and costs, for personal, economic or bodily injury, wrongful death, loss of or damage to property, which may arise or be alleged to have arisen from the negligent acts, errors, omissions or other wrongful conduct of the Consultant, its officers, employees, agents, contractors, or any other person or entity acting under Consultant’s control or supervision, in connection with, related to, or as a result of the Consultant’s performance of the Services pursuant to this Agreement. To that extent, the Consultant shall pay all such claims and losses and shall pay all such costs and judgments which may issue from any lawsuit arising from such claims and losses, and shall pay all costs and attorneys’ fees expended by the City in the defense of such claims and losses, including appeals. The Consultant expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the Consultant shall in no way limit the Consultant’s responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided. The parties agree that one percent (1%) of the total compensation to Consultant for performance of the Services under this Agreement is the specific consideration from the City to Executive Recruitment Services Page 5 of 44 Contract No. 2021-036-01 the Consultant for the Consultant’s indemnity agreement. The provisions of this Section 6.1 and of this indemnification shall survive termination or expiration of this Agreement. 6.2 INSURANCE REQUIREMENTS The consultant shall maintain the below required insurance in effect prior to awarding the contract and for the duration of the contract. The maintenance of proper insurance coverage is a material element of the contract and failure to maintain or renew coverage may be treated as a material breach of the contract, which could result in withholding of payments or termination of the contract. A. Commercial General Liability Insurance on an occurrence basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $100,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project or the general aggregate limit shall be twice the required occurrence limit. B. Professional Liability (Errors & Omissions) Insurance appropriate to the Consultant’s profession, with limit no less than $100,000. Additional Insured - City of Miami Beach must be included by endorsement as an additional insured with respect to all liability policies (except Professional Liability and Workers’ Compensation) arising out of work or operations performed on behalf of the contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired or borrowed in the form of an endorsement to the contractor’s insurance. Notice of Cancellation - Each insurance policy required above shall provide that coverage shall not be cancelled, except with notice to the City of Miami Beach c/o EXIGIS Insurance Compliance Services. Waiver of Subrogation – Consultant agrees to obtain any endorsement that may be necessary to affect the waiver of subrogation on the coverages required. However, this provision applies regardless of whether the City has received a waiver of subrogation endorsement from the insurer. Acceptability of Insurers – Insurance must be placed with insurers with a current A.M. Best rating of A:VII or higher. If not rated, exceptions may be made for members of the Florida Insurance Funds (i.e. FWCIGA, FAJUA). Carriers may also be considered if they are licensed and authorized to do insurance business in the State of Florida. Verification of Coverage – Contractor shall furnish the City with original certificates and amendatory endorsements, or copies of the applicable insurance language, effecting coverage required by this contract. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time. Executive Recruitment Services Page 6 of 44 Contract No. 2021-036-01 CERTIFICATE HOLDER MUST READ: CITY OF MIAMI BEACH c/o EXIGIS Insurance Compliance Services P.O. Box 4668 – ECM #35050 New York, NY 10163-4668 Kindly submit all certificates of insurance, endorsements, exemption letters to our servicing agent, EXIGIS, at: Certificates-miamibeach@riskworks.com Special Risks or Circumstances - The City of Miami Beach reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. Compliance with the foregoing requirements shall not relieve the consultant of his liability and obligation under this section or under any other section of this agreement. SECTION 7 LITIGATION JURISDICTION/VENUE/JURY TRIAL WAIVER This Agreement shall be construed in accordance with the laws of the State of Florida. This Agreement shall be enforceable in Miami-Dade County, Florida, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for the enforcement of same shall lie in Miami-Dade County, Florida. By entering into this Agreement, Consultant and the City expressly waive any rights either party may have to a trial by jury of any civil litigation related to or arising out of this Agreement. SECTION 8 LIMITATION OF CITY'S LIABILITY The City desires to enter into this Agreement only if in so doing the City can place a limit on the City's liability for any cause of action, for money damages due to an alleged breach by the City of this Agreement, so that its liability for any such breach never exceeds the sum of $10,000. Consultant hereby expresses its willingness to enter into this Agreement with Consultant's recovery from the City for any damage action for breach of contract to be limited to a maximum amount of $10,000. Accordingly, and notwithstanding any other term or condition of this Agreement, Consultant hereby agrees that the City shall not be liable to the Consultant for damages in an amount in excess of $10,000 for any action or claim for breach of contract arising out of the performance or non-performance of any obligations imposed upon the City by this Agreement. Nothing contained in this section or elsewhere in this Agreement is in any way intended to be a waiver of the limitation placed upon the City's liability, as set forth in Section 768.28, Florida Statutes. Executive Recruitment Services Page 7 of 44 Contract No. 2021-036-01 SECTION 9 DUTY OF CARE/COMPLIANCE WITH APPLICABLE LAWS/PATENT RIGHTS; COPYRIGHT; AND CONFIDENTIAL FINDINGS 9.1 DUTY OF CARE With respect to the performance of the Services contemplated herein, Consultant shall exercise that degree of skill, care, efficiency and diligence normally exercised by reasonable persons and/or recognized professionals with respect to the performance of comparable work and/or services. 9.2 COMPLIANCE WITH APPLICABLE LAWS In its performance of the Services, Consultant shall comply with all applicable laws, ordinances, and regulations of the City, Miami-Dade County, the State of Florida, and the federal government, as applicable. 9.3 PATENT RIGHTS; COPYRIGHT; CONFIDENTIAL FINDINGS Any work product arising out of this Agreement, as well as all information specifications, processes, data and findings, are intended to be the property of the City and shall not otherwise be made public and/or disseminated by Consultant, without the prior written consent of the City Manager, excepting any information, records etc. which are required to be disclosed pursuant to Court Order and/or Florida Public Records Law. All reports, documents, articles, devices, and/or work produced in whole or in part under this Agreement are intended to be the sole and exclusive property of the City, and shall not be subject to any application for copyright or patent by or on behalf of the Consultant or its employees or sub-consultants, without the prior written consent of the City Manager. SECTION 10 GENERAL PROVISIONS 10.1 AUDIT AND INSPECTIONS Upon reasonable verbal or written notice to Consultant, and at any time during normal business hours (i.e. 9AM – 5PM, Monday through Fridays, excluding nationally recognized holidays), and as often as the City Manager may, in his/her reasonable discretion and judgment, deem necessary, there shall be made available to the City Manager, and/or such representatives as the City Manager may deem to act on the City’s behalf, to audit, examine, and/ or inspect, any and all other documents and/or records relating to all matters covered by this Agreement. Consultant shall maintain any and all such records at its place of business at the address set forth in the “Notices” section of this Agreement. 10.2 INSPECTOR GENERAL AUDIT RIGHTS (A) Pursuant to Section 2-256 of the Code of the City of Miami Beach, the City has established the Office of the Inspector General which may, on a random basis, perform reviews, audits, inspections and investigations on all City contracts, throughout the duration of said contracts. This random audit is separate and distinct from any other audit performed by or on behalf of the City. Executive Recruitment Services Page 8 of 44 Contract No. 2021-036-01 (B) The Office of the Inspector General is authorized to investigate City affairs and empowered to review past, present and proposed City programs, accounts, records, contracts and transactions. In addition, the Inspector General has the power to subpoena witnesses, administer oaths, require the production of witnesses and monitor City projects and programs. Monitoring of an existing City project or program may include a report concerning whether the project is on time, within budget and in conformance with the contract documents and applicable law. The Inspector General shall have the power to audit, investigate, monitor, oversee, inspect and review operations, activities, performance and procurement process including but not limited to project design, bid specifications, (bid/proposal) submittals, activities of the Consultant, its officers, agents and employees, lobbyists, City staff and elected officials to ensure compliance with the contract documents and to detect fraud and corruption. Pursuant to Section 2-378 of the City Code, the City is allocating a percentage of its overall annual contract expenditures to fund the activities and operations of the Office of Inspector General. (C) Upon ten (10) days written notice to the Consultant, the Consultant shall make all requested records and documents available to the Inspector General for inspection and copying. The Inspector General is empowered to retain the services of independent private sector auditors to audit, investigate, monitor, oversee, inspect and review operations activities, performance and procurement process including but not limited to project design, bid specifications, (bid/proposal) submittals, activities of the Consultant its officers, agents and employees, lobbyists, City staff and elected officials to ensure compliance with the contract documents and to detect fraud and corruption. (D) The Inspector General shall have the right to inspect and copy all documents and records in the Consultant’s possession, custody or control which in the Inspector General's sole judgment, pertain to performance of the contract, including, but not limited to original estimate files, change order estimate files, worksheets, proposals and agreements from and with successful subcontractors and suppliers, all project-related correspondence, memoranda, instructions, financial documents, construction documents, (bid/proposal) and contract documents, back-change documents, all documents and records which involve cash, trade or volume discounts, insurance proceeds, rebates, or dividends received, payroll and personnel records and supporting documentation for the aforesaid documents and records. (E) The Consultant shall make available at its office at all reasonable times the records, materials, and other evidence regarding the acquisition (bid preparation) and performance of this Agreement, for examination, audit, or reproduction, until three (3) years after final payment under this Agreement or for any longer period required by statute or by other clauses of this Agreement. In addition: i. If this Agreement is completely or partially terminated, the Consultant shall make available records relating to the work terminated until three (3) years after any resulting final termination settlement; and Executive Recruitment Services Page 9 of 44 Contract No. 2021-036-01 ii. The Consultant shall make available records relating to appeals or to litigation or the settlement of claims arising under or relating to this Agreement until such appeals, litigation, or claims are finally resolved. (F) The provisions in this section shall apply to the Consultant, its officers, agents, employees, subcontractors and suppliers. The Consultant shall incorporate the provisions in this section in all subcontracts and all other agreements executed by the Consultant in connection with the performance of this Agreement. (G) Nothing in this section shall impair any independent right to the City to conduct audits or investigative activities. The provisions of this section are neither intended nor shall they be construed to impose any liability on the City by the Consultant or third parties. 10.3 ASSIGNMENT, TRANSFER OR SUBCONSULTING Consultant shall not subcontract, assign, or transfer all or any portion of any work and/or service under this Agreement without the prior written consent of the City Manager, which consent, if given at all, shall be in the Manager’s sole judgment and discretion. Neither this Agreement, nor any term or provision hereof, or right hereunder, shall be assignable unless as approved pursuant to this Section, and any attempt to make such assignment (unless approved) shall be void. 10.4 PUBLIC ENTITY CRIMES Prior to commencement of the Services, the Consultant shall file a State of Florida Form PUR 7068, Sworn Statement under Section 287.133(3)(a) Florida Statute on Public Entity Crimes with the City’s Procurement Division. 10.5 NO DISCRIMINATION In connection with the performance of the Services, the Consultant shall not exclude from participation in, deny the benefits of, or subject to discrimination anyone on the grounds of race, color, national origin, sex, age, disability, religion, income or family status. Additionally, Consultant shall comply fully with the City of Miami Beach Human Rights Ordinance, codified in Chapter 62 of the City Code, as may be amended from time to time, prohibiting discrimination in employment, housing, public accommodations, and public services on account of actual or perceived race, color, national origin, religion, sex, intersexuality, gender identity, sexual orientation, marital and familial status, age, disability, ancestry, height, weight, domestic partner status, labor organization membership, familial situation, or political affiliation. 10.6 CONFLICT OF INTEREST Consultant herein agrees to adhere to and be governed by all applicable Miami-Dade County Conflict of Interest Ordinances and Ethics provisions, as set forth in the Miami-Dade County Code, as may be amended from time to time; and by the City of Miami Beach Charter and Code, as may be amended from time to time; both of which are incorporated by reference as if fully set forth herein. Executive Recruitment Services Page 10 of 44 Contract No. 2021-036-01 Consultant covenants that it presently has no interest and shall not acquire any interest, directly or indirectly, which could conflict in any manner or degree with the performance of the Services. Consultant further covenants that in the performance of this Agreement, Consultant shall not employ any person having any such interest. No member of or delegate to the Congress of the United States shall be admitted to any share or part of this Agreement or to any benefits arising therefrom. 10.7 CONSULTANT’S COMPLIANCE WITH FLORIDA PUBLIC RECORDS LAW (A) Consultant shall comply with Florida Public Records law under Chapter 119, Florida Statutes, as may be amended from time to time. (B) The term “public records” shall have the meaning set forth in Section 119.011(12), which means all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business of the City. (C) Pursuant to Section 119.0701 of the Florida Statutes, if the Consultant meets the definition of “Contractor” as defined in Section 119.0701(1)(a), the Consultant shall: (1) Keep and maintain public records required by the City to perform the service; (2) Upon request from the City’s custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes or as otherwise provided by law; (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed, except as authorized by law, for the duration of the contract term and following completion of the Agreement if the Consultant does not transfer the records to the City; (4) Upon completion of the Agreement, transfer, at no cost to the City, all public records in possession of the Consultant or keep and maintain public records required by the City to perform the service. If the Consultant transfers all public records to the City upon completion of the Agreement, the Consultant shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Consultant keeps and maintains public records upon completion of the Agreement, the Consultant shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City’s custodian of public records, in a format that is compatible with the information technology systems of the City. (D) REQUEST FOR RECORDS; NONCOMPLIANCE. (1) A request to inspect or copy public records relating to the City’s contract for services must be made directly to the City. If the City does not possess the requested records, the City shall immediately notify the Consultant of the request, and the Consultant must provide the records to the City or allow the records to be inspected or copied within a reasonable time. (2) Consultant’s failure to comply with the City’s request for records shall constitute a breach of this Agreement, and the City, at its sole discretion, may: (1) unilaterally terminate the Agreement; (2) avail itself of the remedies set forth under the Agreement; and/or (3) avail itself of any available remedies at law or in equity. (3) A Consultant who fails to provide the public records to the City within a Executive Recruitment Services Page 11 of 44 Contract No. 2021-036-01 reasonable time may be subject to penalties under s. 119.10. (E) CIVIL ACTION. (1) If a civil action is filed against a Consultant to compel production of public records relating to the City’s contract for services, the court shall assess and award against the Consultant the reasonable costs of enforcement, including reasonable attorneys’ fees, if: a. The court determines that the Consultant unlawfully refused to comply with the public records request within a reasonable time; and b. At least 8 business days before filing the action, the plaintiff provided written notice of the public records request, including a statement that the Consultant has not complied with the request, to the City and to the Consultant. (2) A notice complies with subparagraph (1)(b) if it is sent to the City’s custodian of public records and to the Consultant at the Consultant’s address listed on its contract with the City or to the Consultant’s registered agent. Such notices must be sent by common carrier delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or shipping paid by the sender and with evidence of delivery, which may be in an electronic format. (3) A Consultant who complies with a public records request within 8 business days after the notice is sent is not liable for the reasonable costs of enforcement. (F) IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: CITY OF MIAMI BEACH ATTENTION: RAFAEL E. GRANADO, CITY CLERK 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 E-MAIL: RAFAELGRANADO@MIAMIBEACHFL.GOV PHONE: 305-673-7411 10.8 FORCE MAJEURE (A) A “Force Majeure” event is an event that (i) in fact causes a delay in the performance of the Consultant or the City’s obligations under the Agreement, and (ii) is beyond the reasonable control of such party unable to perform the obligation, and (iii) is not due to an intentional act, error, omission, or negligence of such party, and (iv) could not have reasonably been foreseen and prepared for by such party at any time prior to the occurrence of the event. Subject to the foregoing criteria, Force Majeure may include events such as war, civil insurrection, riot, fires, epidemics, pandemics, terrorism, sabotage, explosions, embargo restrictions, quarantine restrictions, transportation accidents, strikes, strong hurricanes or tornadoes, earthquakes, or other acts of God which prevent performance. Force Majeure shall not include technological impossibility, inclement weather, or failure to secure any of the required permits pursuant to the Agreement. Executive Recruitment Services Page 12 of 44 Contract No. 2021-036-01 (B) If the City or Consultant’s performance of its contractual obligations is prevented or delayed by an event believed by to be Force Majeure, such party shall immediately upon learning of the occurrence of the event or of the commencement of any such delay, but in no case within fifteen (15) business days thereof, provide notice of (i) of the occurrence of event of Force Majeure, (ii) of the nature of the event and the cause thereof, (iii) of the anticipated impact on the Agreement, (iv) of the anticipated period of the delay, and (v) of what course of action such party plans to take in order to mitigate the detrimental effects of the event. The timely delivery of the notice of the occurrence of a Force Majeure event is a condition precedent to allowance of any relief pursuant to this section; however, receipt of such notice shall not constitute acceptance that the event claimed to be a Force Majeure event is in fact Force Majeure, and the burden of proof of the occurrence of a Force Majeure event shall be on the requesting party. (C) No party hereto shall be liable for its failure to carry out its obligations under the Agreement during a period when such party is rendered unable, in whole or in part, by Force Majeure to carry out such obligations. The suspension of any of the obligations under this Agreement due to a Force Majeure event shall be of no greater scope and no longer duration than is required. The party shall use its reasonable best efforts to continue to perform its obligations hereunder to the extent such obligations are not affected or are only partially affected by the Force Majeure event, and to correct or cure the event or condition excusing performance and otherwise to remedy its inability to perform to the extent its inability to perform is the direct result of the Force Majeure event with all reasonable dispatch. (D) Obligations pursuant to the Agreement that arose before the occurrence of a Force Majeure event causing the suspension of performance shall not be excused as a result of such occurrence unless such occurrence makes such performance not reasonably possible. The obligation to pay money in a timely manner for obligations and liabilities which matured prior to the occurrence of a Force Majeure event shall not be subject to the Force Majeure provisions. (E) Notwithstanding any other provision to the contrary herein, in the event of a Force Majeure occurrence, the City may, at the sole discretion of the City Manager, suspend the City’s payment obligations under the Agreement, and may take such action without regard to the notice requirements herein. Additionally, in the event that an event of Force Majeure delays a party’s performance under the Agreement for a time period greater than thirty (30) days, the City may, at the sole discretion of the City Manager, terminate the Agreement on a given date, by giving written notice to Consultant of such termination. If the Agreement is terminated pursuant to this Section, Consultant shall be paid for any Services satisfactorily performed up to the date of termination; following which the City shall be discharged from any and all liabilities, duties, and terms arising out of, or by virtue of, this Agreement. In no event will any condition of Force Majeure extend this Agreement beyond its stated term. SECTION 11 NOTICES All notices and communications in writing required or permitted hereunder, shall be delivered personally to the representatives of the Consultant and the City listed below or may be mailed by U.S. Certified Mail, return receipt requested, postage prepaid, or by a nationally recognized overnight delivery service. Executive Recruitment Services Page 13 of 44 Contract No. 2021-036-01 Until changed by notice, in writing, all such notices and communications shall be addressed as follows: TO CONSULTANT: Robert Burg, Executive Vice President Ralph Andersen & Associates 5800 Stanford Ranch Rd | Suite 410 Rocklin, CA 95765 TO CITY: Alex Denis, Procurement Director 1755 Meridian Avenue, 3rd Floor Miami Beach, FL 33139 COPY TO: Rafael Paz, Esq., Acting City Attorney 1700 Convention Center Drive, 4th Floor Miami Beach, FL 33139 Notice may also be provided to any other address designated by the party to receive notice if such alternate address is provided via U.S. certified mail, return receipt requested, hand delivered, or by overnight delivery. In the event an alternate notice address is properly provided, notice shall be sent to such alternate address in addition to any other address which notice would otherwise be sent, unless other delivery instruction as specifically provided for by the party entitled to notice. Notice shall be deemed given on the date of an acknowledged receipt, or, in all other cases, on the date of receipt or refusal. SECTION 12 MISCELLANEOUS PROVISIONS 12.1 CHANGES AND ADDITIONS This Agreement cannot be modified or amended without the express written consent of the parties. No modification, amendment, or alteration of the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 12.2 SEVERABILITY If any term or provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall not be affected and every other term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law. 12.3 WAIVER OF BREACH A party’s failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision or modification of this Agreement. A party’s waiver of any breach of a provision of this Agreement shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Agreement. 12.4 JOINT PREPARATION Executive Recruitment Services Page 14 of 44 Contract No. 2021-036-01 The parties hereto acknowledge that they have sought and received whatever competent advice and counsel as was necessary for them to form a full and complete understanding of all rights and obligations herein and that the preparation of this Agreement has been a joint effort of the parties, the language has been agreed to by parties to express their mutual intent and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the parties than the other. 12.5 ENTIRETY OF AGREEMENT The City and Consultant agree that this is the entire agreement between the parties. This Agreement supersedes all prior negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein, and there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in this document. Title and paragraph headings are for convenient reference and are not intended to confer any rights or obligations upon the parties to this Agreement. [REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK] Executive Recruitment Services Page 15 of 44 Contract No. 2021-036-01 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first entered above. FOR CITY: CITY OF MIAMI BEACH, FLORIDA ATTEST: By: _________________________ ___________________________ Rafael Granado, City Clerk Rafael Paz, Acting City Attorney Date: ____________________________ By: _________________________ Alex Denis, Procurement Director Date: ____________________________ FOR CONSULTANT: RALPH ANDERSEN & ASSOCIATES ATTEST: By: __________________________ ___________________________ _________________________ _________________________ Print Name and Title Robert Burg, Executive Vice President Date: ____________________________ Executive Recruitment Services Page 16 of 44 Contract No. 2021-036-01 Exhibit “A” SCOPE OF WORK We approach every search with a sense of excitement and urgency and we always “hit the ground running.” That means that when the City gives us notice to proceed, we kickoff the process immediately – working closely with the City Commission and others, as requested, to identify the key characteristics and professional experience desired in the candidate pool. We believe strongly in providing timely client communications and while we will deliver regular status reports at each stage of the search, our consultants pride themselves in being highly accessible and responsive to all client requests and inquiries. Given the uncertainty regarding in-person meetings due to the COVID-19 pandemic, meetings will be conducted via videoconference if travel or in-person gatherings are not advised. Task 1 – Review Project Management Approach The Project Director, Mr. Burg, will begin work on this project within 10 days (or sooner) after the City provides a contract or, alternatively, an official notice to proceed. The first task will include established individual and/or group video meetings (done via the Zoom Video Technologies application) with the City Commission and others, as appropriate, to finalize the recruiting and selection process. This will include discussion of the project management for this search, review of the work plan, confirmation of timing, and communication methods. Working collaboratively with the City Commission and key City staff, this task will result in a more definitive timetable. Task 2 – Develop Position Profile The position profile for the City Manager is the guide for the entire search process. The development of the profile includes the collection of technical information and recruitment criteria. Technical Information Mr. Burg will conduct video meetings with the City Commission and other appropriate individuals as may be necessary, to gain an understanding of the experience and professional background requirements desired in the City Manager. These discussions, all done via video conferencing, will also help the Project Director gain an understanding of the work environment and the opportunities and challenges facing the City. Job Description Ralph Andersen & Associates will review the current City Manager job description and make suggested edits. These edits will be reviewed by the Commission before finalization. Recruitment Criteria The recruitment criteria are those personal and professional characteristics and experiences desired in the City Manager. The criteria should reflect the goals and priorities of the City. Mr. Burg will meet via videoconference with key staff in the City and others, as appropriate, to facilitate the identification and articulation of that criteria. Optional Services (Community Survey) – The City Commission may desire obtaining input from the community on the qualities they would like to see in the new City Manager. To facilitate community input, the search team is available to conduct an on-line survey instrument. Additionally, our process can allow for email comments to Ralph Andersen & Associates relative to the desired qualities in the next City Manager. The cost for the on-line community survey is supplemental to the contract. Executive Recruitment Services Page 17 of 44 Contract No. 2021-036-01 Optional Services (Organizational Survey) – The City Commission may desire obtaining input from the City’s employees on the qualities they would like to see in the new City Manager. To facilitate employee input, the search team is available to conduct an on-line survey instrument. Additionally, our process can allow for email comments to Ralph Andersen & Associates relative to the desired qualities in the next City Manager. The cost for the on-line organizational survey is supplemental to the contract. Optional Services (Virtual Town Hall) – The City Commission may desire to conduct a Virtual Town Hall to obtain input on the qualities they would like to see in the new City Manager. The cost for the Virtual Town Hall is supplemental to the contract. Subsequent to the development and adoption of the candidate profile, the technical information and recruitment criteria will be documented in an electronic recruitment brochure prepared by the search consultant. The electronic recruitment brochure will be reviewed by the City in draft format, revised as appropriate, and published for use throughout the search. Task 3 – Outreach and Recruiting This task is among the most important of the entire search. It is the focus of the activities of the search consultant and includes specific outreach and recruiting activities briefly described below. Outreach An outreach and advertising campaign will be developed. This will include the placement of ads in publications specifically targeted to the position of City Manager, including the National League of Cities, International City/County Management Association (ICMA), Florida City/County Management Association, Florida League of Cities, and other professional associations. Other Internet sites related to government will be used as a method of extending the specific outreach in a short period of time. Additionally, the advertisement and the full text of the position profile (the recruitment brochure) will be placed on Ralph Andersen & Associates’ website, which is accessed by a large number of qualified candidates. This method of outreach to potential applicants provides a confidential source that is monitored by many key level executives on an on-going basis. Candidate Identification Ralph Andersen & Associates will use their extensive contacts to focus the recruiting effort. In making these contacts, the search consultant will target those individuals who meet the criteria established. Each of the candidates identified through the recruiting efforts will be sent an electronic recruitment brochure. Candidates will also be contacted directly to discuss the position and to solicit their interest in being considered. Both the outreach and recruiting activities will result in applications and resumes from interested candidates. As they are received, resumes will be acknowledged and candidates will be advised of the general timing of the search process. The following tasks involve the actual selection process, once all resumes have been received. Task 4 – Candidate Evaluation This task will be conducted following the application closing date. It includes the following specific activities: Screening All of the applications will be carefully reviewed. Those that meet the recruitment criteria and minimum qualifications will be identified and subject to a more detailed evaluation. This evaluation will include consideration of such factors as professional experience, and size and complexity of the candidate’s current organization as compared to the candidate profile. Preliminary Research and Internet Review The research staff of Ralph Andersen & Associates, under the direction of the Project Director, will conduct preliminary research and internet review for those candidates identified as the most qualified as a result of Executive Recruitment Services Page 18 of 44 Contract No. 2021-036-01 the screening process. This level of research will be done on a limited number of candidates to learn more about each candidate’s public profile and related information that is available on the internet. Preliminary Interviews via Video Technology Mr. Burg will conduct preliminary interviews with the top group of candidates identified through the screening and preliminary research processes. The interviews are extensive and designed to gain additional information about the candidates’ experience, management style, and “fit” with the recruitment criteria. Interviews will be done using video technology. No consultant travel for preliminary in-person interviews has been included in this proposal. The screening portion of the candidate evaluation process typically reduces a field of applicants to approximately five (5) to six (6) individuals. Those individuals will be reviewed with the City prior to proceeding with the individual (video) interviews conducted for finalist candidates. Task 5 – Search Report After completing Task 4, all documentation will be supplied to the City electronically. No hard copies will be supplied to the City for any phase of this search engagement. Mr. Burg will prepare detailed information for review including resumes uploaded to a file sharing system (i.e., DropBox or ShareFile). Mr. Burg will facilitate a review meeting (using Zoom) with the City Commission or other designated representative to discuss the top candidates. The report divides all of the candidates into four groups including 1) the top group of candidates recommended to be interviewed via video; and 2) a backup group to the first group. The search report will include candidate resumes. The results of the preliminary research and interviews will be provided in writing to the City. This video meeting will result in a confirmed group of top candidates for the City to further consider. Important to note, we do not conduct references on finalist candidates but rather on the selected top candidate. Periodically, we may recommend conducting references on the top two candidates. The results of the Search Report will be a confirmed group of finalist candidates (typically 4 to 5) that the City Commission will interview using video technology. Task 6 – Selection The final selection process and the timing of the final selection will vary depending upon the desires of the City. The typical services provided by Ralph Andersen & Associates in the selection process are described briefly below. Mr. Burg will coordinate the selection process for the finalist group of candidates. This includes handling the logistical matters with candidates and with the City. Mr. Burg will coordinate the video selection process for the finalist group of candidates. All finalist interviews will be done via video using Zoom. This includes handling the logistical matters with candidates and with the City. Ralph Andersen & Associates will prepare an electronic interview booklet (uploaded to a file sharing program such as DropBox or ShareFile) that includes the resumes and candidate report (with interview comments, preliminary research, and other relevant information about the candidates). In addition, this electronic information will contain suggested questions and areas for discussion based upon the recruitment criteria. Electronic copies of the interview booklet will be provided in advance of the candidate interviews. No hard copies of material will be provided. Should the City desire hard copies, that will be the responsibility of the City to produce and distribute. Mr. Burg will facilitate the Zoom Video Interviews to assist the City through the selection process. Important to note, all parties will be using this video technology. This includes all candidates, panel members, and the City. This assistance will include an initial orientation, candidate introductions, and facilitation of discussion of candidates after all interviews have been completed. Additionally, verifications will be made on the top candidates selected for interview and will include education verifications, Department of Motor Vehicle check, wants and warrants, civil and criminal litigation search, and credit check. The results of these verifications will be presented to the City prior to the interviews. Executive Recruitment Services Page 19 of 44 Contract No. 2021-036-01 Reference checks will be conducted on the top candidate. Former co-workers and supervisors will be identified and contacted. The results of these reference checks will be discussed with the City at the appropriate time. As needed, Mr. Burg is available to provide assistance to the City in the final selection as may be desired. This assistance may include providing or obtaining any additional information desired to assist in making the final selection decision. Mr. Burg’s participation will be done using video technology or telephonically. Task 7 – Negotiation Mr. Burg is available to assist the City in negotiating a compensation package with the selected candidate. This may include recommendations on setting compensation levels. Additionally, working with the City’s legal counsel, Ralph Andersen & Associates will assist in the preparation of a draft employment agreement and work with the City Commission on the finalization of this document. Task 8 – Close Out After the City has reached agreement with the individual selected for the position, the Project Director will close out the search. These activities will include advising all of the finalist candidates of the status of the search. Candidates that were not interviewed will also be updated electronically. Executive Recruitment Services Page 20 of 44 Contract No. 2021-036-01 Exhibit “B” City of Miami Beach Search Process and Schedule City Manager Date Activity Completed Stakeholders Meeting • Review Recruitment Process • Discuss the process for development of the City Manager Profile, recruitment brochure, and gather feedback on the following: o Opportunities and Challenges the new City Manager faces o Desired Professional Characteristics and Personal Qualities of the position January 13, 2021 City Commission approval of timeline, City Manager Job Profile and Optional Services, if any January 14, 2021 Published Brochure/Placement of Ads and Candidate Recruitment • 45-day initial recruitment period • Performance of Optional Services during this 45-day search process March 1, 2021 Deadline for priority review of applications • Search Consultant conducts due diligence and preliminary screenings via Zoom March 12, 2021 Search Consultant reviews and provides written recommendation of candidates to City Commission for review and consideration March 17, 2021 City Commission selects candidates for Search Consultant to interview • Firm to conduct preliminary background checks on final candidates March 18, 2021 Search Consultant invites candidates for interview and begins preliminary background investigations including criminal, civil, financial, DMV, and education Weeks of April 5th and 12th, 2021 Candidate Interviews • Finalist Interviews • Deliberations to select new City Manager subject to scheduling of special commission meetings as required Week of April 19, 2021 Contract offer and negotiations with selected candidate • City/Ralph Andersen & Associates conducts Final Background check (including drug test and fingerprinting) and References (5-10 business days) April 21, 2021 City Commission final approval of contract **Start date of new City Manager will be determined by the City Please note: The proposed timeline may be adjusted as needed based upon the awarding of the contract, publication of the position brochure and placement of ads, the scheduling of meetings of the Search Committee, and the overall needs of the City. Executive Recruitment Services Page 21 of 44 Contract No. 2021-036-01 Exhibit “C” Invoicing for Services Ralph Andersen & Associates will bill the City in four installments as follows: • Following kick-off and finalization of recruitment brochure – $14,550 • After the closing date – $14,550 • After finalist interviews – $14,550 • Upon placement – $4,850 Base Fee: $48,500* Progress payments will be due upon receipt. *Background checks included in Base Fee: Base Fee is inclusive of full background checks (including criminal, civil, financial, DMV, and education) and reference checks for two final candidates. Background checks, not including references, for additional candidates will be conducted for $500 per candidate. Background checks, including reference checks, for additional candidates will be conducted for $1,800 per candidate. If any travel is required for final candidate interviews, City to be responsible for the candidate’s travel costs. Optional Services Costs: 1. Organizational Survey – The City Commission may elect to conduct an Organizational Survey with summarized results, for an additional $3,500. 2. Community Survey – The City Commission may elect to conduct a Community Survey with summarized results, for an additional $3,500. In addition, if the City Commission desires to hold a Virtual Town Hall described below, this additional service will be conducted at no additional fee if the Community Survey is ordered. 3. Organizational Survey and Community Survey – If the City Commission elects to conduct both the Organization Survey and the Community Survey concurrently, the total aggregate fee for both surveys will be an additional $5,000. In addition, if the City Commission desires to hold a Virtual Town Hall described below, this additional service will be conducted at no additional fee if both surveys are ordered. 4. Virtual Town Hall (with a Community Survey) – If the City Commission elects to conduct a Virtual Town Hall with the Consultant to engage the community, the Virtual Town Hall will be conducted for no additional fee if the Community Survey is ordered. 5. Virtual Town Hall (without a Community Survey) – If the City Commission elects to conduct a Virtual Town Hall without ordering the Community Survey, the Virtual Town Hall will be conducted for an additional $500 per each hour of the Virtual Town Hall (in 30 minute increments), plus a one-time preparation fee of $500. Executive Recruitment Services Page 22 of 44 Contract No. 2021-036-01 Exhibit “D” Ralph Andersen & Associates Response to RFLI 2021-036-KB Executive Recruitment Services Executive Recruitment Services Page 23 of 44 Contract No. 2021-036-01 Executive Recruitment Services Page 24 of 44 Contract No. 2021-036-01 Executive Recruitment Services Page 25 of 44 Contract No. 2021-036-01 Executive Recruitment Services Page 26 of 44 Contract No. 2021-036-01 Executive Recruitment Services Page 27 of 44 Contract No. 2021-036-01 Executive Recruitment Services Page 28 of 44 Contract No. 2021-036-01 Executive Recruitment Services Page 29 of 44 Contract No. 2021-036-01 Executive Recruitment Services Page 30 of 44 Contract No. 2021-036-01 Executive Recruitment Services Page 31 of 44 Contract No. 2021-036-01 Executive Recruitment Services Page 32 of 44 Contract No. 2021-036-01 Executive Recruitment Services Page 33 of 44 Contract No. 2021-036-01 Executive Recruitment Services Page 34 of 44 Contract No. 2021-036-01 Executive Recruitment Services Page 35 of 44 Contract No. 2021-036-01 Exhibit “E” RFLI 2021-036-KB Executive Recruitment Services and Exhibits Executive Recruitment Services Page 36 of 44 Contract No. 2021-036-01 Executive Recruitment Services Page 37 of 44 Contract No. 2021-036-01 Executive Recruitment Services Page 38 of 44 Contract No. 2021-036-01 Executive Recruitment Services Page 39 of 44 Contract No. 2021-036-01 Executive Recruitment Services Page 40 of 44 Contract No. 2021-036-01 Executive Recruitment Services Page 41 of 44 Contract No. 2021-036-01 Executive Recruitment Services Page 42 of 44 Contract No. 2021-036-01 Executive Recruitment Services Page 43 of 44 Contract No. 2021-036-01 Executive Recruitment Services Page 44 of 44 Contract No. 2021-036-01