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File Ref. #344 - PROCESS AND TIMELINESCITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 www.ci.rniami-beJch.fI.us City Clerk's Office Telephone 305 673-7411 Robert Parcher Facsimile 305 673-7254 August 27, 2002 Mr. Neisen Kasdin Good speaking with you. Attached is the information you requested. I sequenced the information in the order that events occurred. Hope this is helpful. Bob F:\CLER\CLER\MANAGER\Transmital selection events.doc pity of Miami Beach - City Clerk's Office December 1, 1999 / REGULAR AGENDA / R9 - New Business and Commission Requests R9E Discussion regarding City Manager Hiring Process. Requested by Mayor Neisen Kasdin) ACTION: Discussion held. Motion was made by Commissioner Bower for each Commissioner to make a"direct" appointment to the"Blue Ribbon"search committee; seconded by Commissioner Dermer. Voice vote: 7-0. The following appointments were made: Mayor Kasdin Dean Ronald Berkman Vice-Mayor Smith Mr. Fred Berens Commissioner Bower Mr. Victor Diaz Commissioner Cruz Mr. Carlos Cisneros Commissioner Dermer Ms. Katherine Fernandez Rundle, State Attorney Commissioner Garcia Mr. Merrett Stierheim Commissioner Liebman Mr. Don Tomlin Committee to be ad hoc. Commissioner Cruz made a motion requesting that the City Attorney provide legal counsel to the committee and that the City Clerk handle the committee administratively; seconded by Vice-Mayor Smith; voice vote: 7-0. Motion made by Commissioner Dermer to have an Acting City Manager for no more than 120 days and that the Acting City Manager cannot apply for the position of permanent City Manager; seconded by Vice-Mayor Smith. Voice vote: 6-1; opposed: Commissioner Liebman. Discussion continued with nominations for Interim City Manager. Commissioner Dermer nominated Lawrence Levy; seconded by Vice-Mayor Smith. Commissioner Liebman nominated Christina Cuervo; seconded by Commissioner Garcia. Voting ballots: Lawrence Levy 4 votes; Christina Cuervo 3 votes. Subsequently, Commissioner Garcia requested that the appointment of Lawrence Levy be unanimous; seconded by Commissioner Bower; voice vote: 7-0. Effective date of the appointment to be Saturday, December 18th. Printed by City Clerk's Office Date Printed: 8/27/02 Time Printed: 7:37:36 AM Source Database: C:\Data\folio4.2\Clerkl42.nfo ity of Miami Beach - City Clerk's Office Judy Hoanshelt to place on the December 15th Commission agenda the swearing in of Lawrence Levy as City Manager. HANDOUT: 1) Proposed Procedures and Timetable for selection of City Manager submitted by Commissioner Cruz. Printed by City Clerk's Office Date Printed: 8/27/02 Time Printed: 7:37:37 AM Source Database: C:\Data\folio4.2\Clerk142.nfo OF MIAMI BEACHr0CONVENTIONCENTERDRIVEMIAMIBEACH,FLORIDA 33139beach.fl.us iFICE OF THE CITY CLERK CITY OF MIAMI BEACH BLUE RIBBON CITY MANAGER SEARCH COMMITTEE Meeting Thursday, January 6, 2000 - First Meeting of the Committee Committee Members: Mr. Ron Berkman - Chairperson Mr. Fred Berens Mr. Carlos Cisneros- Absent Mr. Victor Diaz Ms. Katherine Fernandez Rundle Mr. Merrett Stierheim Mr. Don Tomlin Support to the Committee: Robert Parcher, City Clerk Raul Aguila, First Assistant City Attorney Staff in attendance: T.C. Adderly and Linda Gonzalez representing the Human ResourcesDepartment. Maria Martinez, City Clerk's office. Nannette Rodriguez, Media Relations, JeanOlin, Deputy City Attorney and Mike Rath, Procurement Director, was called in to answer aquestion. The meeting was called to order at 9:40 A. M. Mayor Neisen Kasdin welcomed the members ofthecommitteeandexpressedtheimportanceofthecommittee. Commissioners Simon Cruz and Luis Garcia, Jr. extended their greetings to the committee. Mr. Lawrence Levy, Interim City Manager, explained the Organizational Chart to the committeemembers, and stated that he will remain completely neutral during this process. Mr. Levy gave abriefoverviewoftheCityofMiamiBeachgovernment: 1,560 employees, $119M General Fundbudget, in November 1999 voters approved$92M General Obligation bonds to improve firestations, parks and beaches, and improvements to the neighborhoods. Additionally, $35M -40M in bonds have been approved to improve the water and sewer systems, and the City justenteredintoagreementswiththree (3) developers for public/private joint ventures to improveparkingonMiamiBeach. Mr. Murray Dubbin, City Attorney, stated that the Legal Department will be providing legalservicestothecommittee. C:\DATA\Cr YCLER\CMSEARCIACMSELECT.MTI Page 1 an Olin, Deputy City Attorney, reviewed the Sunshine Law, conflict of interest gifts,lobbyist laws. g s, and The City Clerk, Mr. Robert Parcher, gave a brief introduction and swore in the committeemembers. Members of the committee were introduced. A motion was made by Mr. Berens nominating Mr. Stierheim as Chairperson; seconded by Ms.Rundle. A motion was made by Mr. Diaz nominating Mr. Berkman as Chairperson; seconded byMs. Rundle. Discussion held. Mr. Stierheim withdrew his nomination. The vote to approve Mr.Berkman as chairperson was 6-0; absent: ivlr. Cisneros. Mr. Berkman accepted the appointment. Ms. Linda Gonzalez from the Department of Human Resources, explained the material given thecommittee. She explained the difference between preferred qualifications and minimum qualifications. Mr. T. C. Adderly, Director of Human Resources, further explained the hiringprocess. Ivlr. Diaz explained how this committee came about. He also expressed his concerns that the committee could not meet the 120 days deadline, and that an extension of the appointment of theinterimcitymanagershouldberequested. Discussion was held to determine if the search should be a national search. Mr. Stierheim proposed that each member talk with the person who appointed them to determine if they arelookingforalocal (Miami-Dade County area) appointment or would consider an outsider. Additionally, the appointer should give a profile of their ideal city manager. Mr. Diaz felt that itwouldbebetterifthemembersoftheCityCommission, as part of the process, profiled their ideal city manager directly to the committee. Members of the public will also be invited to givetheirinput. A motion was made by Ms. Rundle to proceed with the advertisement; seconded by Mr. Diaz;vote: 6-0; absent: Mr. Cisneros. A motion was made by Ms. Rundle to establish a date for the members of the City Commission to profile their ideal city manager. It was decided that they should come to the next meeting. Itwasalsodeterminedthatpublicinput, with a time limit, be allowed. The motion was secondedbyMr. Diaz; vote: 6-0; absent: Mr. Cisneros. A motion was made by Mr. Diaz that the meeting should be scheduled for the end of this month and at the same time as the position is being advertised. Mr. Berens explained that many qualified people will not respond to published ads and that a search firm is necessary. Mr. Stierheim suggested to Mr. Berkman that perhaps the University (FIU) could come up with a professional profile of the ideal city manager. No vote was taken and discussion continued. A motion was made by Ms. Rundle that all avenues should be used to recruit applicants. The services of a search firm should be acquired. The Commission and public (limited input time) will have input into the candidate profiling. The process should be done as soon as possible, and Mr. Parcher to coordinate the meeting. Added to the motions was that the search firm would perform the functions of the Human Resources Department. This includes profiling, recruitment, receiving and processing resumes and applications, and providing a short list ofqualified C: DATA\CITYCLER\CMSEARCMCINSELECT.MTI Page 2 s. The numbe. Randidates on the short list will be dei......ned at a future time.ended by Mr. Tomlin; vote 6-0; absent: Mr. Cisneros. Nfotion made by Ms. Rundle for employing a search firm and to get funds approved to do this;seconded by Mr. Don Tomlin. There was no vote on the motion. Mr. Diaz stated that the Chairperson should attend the next commission meeting and request thefundstohireasearchfirm. A motion was made by Mr. Diaz stating that the search firm should be employed by the SearchCommitteeandrequestedtheCityCommissionwaivetheRFPcompetitivebiddingrequirements, delegate to the committee the authority to interview and hire a search firm, and to allocate an amount up to $40,000 to fund the search firm; seconded by Ms. Rundle; vote 6-0;absent: Mr. Cisneros. A motion was made by Mr. Stierheim to include other related expenses which may be required tointerviewsuchastravel, hotel, meals, video interviewing or teleconferences. Seconded by Ms.Rundle and added to the previous motion; vote: 6-0; absent: Mr. Cisneros. A motion was made by Mr. Diaz that there be no lobbying of the members of the Search Committee. If anyone approaches a member with a suggestion or a name or an applicant, the person should be instructed to contact the search firm; seconded by Ms. Rundle; vote 6-0; absentMr. Cisneros. The Search Committee requested the City Clerk set up the next meeting date as soon as possible. Mr. Stierheim requested a transcript of the Commission discussion when the Search Committeewasformed. A motion was made by Mr. Stierheim that at each meeting there will be public participation with a specific time limit and the chairperson will designate the amount of time; seconded by Ms.Rundle; vote: 6-0; absent: Mr. Cisneros. Mr. Berkman expressed his concerns that the members of the City Commission could add namestothelistofapplicantsaftertheotherapplicantshadalreadygonethroughtheprocess. Mr. DiazfeltthattheSearchCommitteeshouldurgetheCityCommissiontohaveallcandidatesgo though the process. The motion was made by Mr. Diaz that for the process to be open, fair,impartial, professional, and depoliticized and to encourage the City Commission put all candidates though the process; seconded by Mr. Berens and Ms. Rundle; vote 6-0; absent: Mr.Cisneros. The members of the committee will submit their travel schedule to the City Clerk and all felt thatnightmeetingswillbebetterforeveryone. A motion was made by Mr. Berkman to adjourn the meeting at 12:15 P.M.; seconded by Ms.Rundle; vote: 6-0; absent: Mr. Cisneros. It was suggested by a member of the public that a tape of the meeting be given to the members that are absent so that they can keep up-to-date for the following meeting. C:\DATA\CiTYCLER\CMSEARCMCMSELECT.MTI Page 3 City of Miami Beach - City Clerk's Office January 12, 2000 / REGULAR AGENDA / R7 - Resolutions R7J Commission Memorandum No. A Resolution A.,.,FaYiRg 1..' 54thS VOW ., \l/. iYff Of CE)F pet;tiVe ATRiddingf,..- the NiFing ..f t' IBiddingb Sear-eh FiFFH and APP,,.,r;,t:,, . ., t $40,000a fY thO Cit. a,,ageF RiFi , b, 1,n City Clerk's Office) Document to be Submitted) Commission Memorandum No. 60-00 (Submitted via the Supplemental Agenda) A Resolution Authorizing by 5/7ths Vote, the Waiver of Formal Competitive Bidding and Approving the Hiring of a Professional Search Firm to Assist the Blue Ribbon City Manager Search Committee in the City Manager Selection/Hiring Process; Further Appropriating an Amount Not to Exceedi$40,000 for an Agreement with the Successful Firm, Once Negotiated and Executed, and to Cover Miscellaneous Expenses Related to the Process. ACTION: Mr. Ron Berkman, chairman of the Blue Ribbon Committee, presented a verbal report to the Commission on the committee's first meeting. Mr. Berkman stated that the Commissioners are invited to attend the committee's next meeting to identify important issues the new city manager will have to deal with and to give their views on what attributes the ideal city manager should have. Members of the public will also be asked to identify issues and comments. Mr. Berkman also stated that the committee e will make every effort to expedite the process, however, the 120 day schedule is ambitious. Resolution No. 2000-23465 adopted authorizing an appropriation in an amount not to exceed $40,000 for the hiring of a search firm and miscellaneous expenses. Motion made by Commissioner Dermer; seconded by Commissioner Liebman; voice vote: 7-0. Patricia Walker and R. Parcher to handle. The Employment Agency is DMG Maximus, Inc. Printed by City Clerk's Office Date Printed: 8/27/02 Time Printed: 7:39:54 AM Source Database: C:\Data\folio4.2\Clerk142.nfo FIU CUPA DEAN'S CFGiCE Fax:305-919-5253 Jan '00 11:51 P.02 Executive Search Firms City Manager Search 1) Korn Ferry Contact:Beth Hicks 786)425-8920 FAX#:(305)377-4428 e-mail: elizabcth.hicks@komf=ry.comNote—Beth Dicks can make the Feb.2°d meeting) 2) DMC Maximus Contacts: Norm Roberts and/or Valerie Frank310)552-1112 FAX# (310)552-1113 e-mail: seazchlaCatnm ;n com Note—Left a message for Valerie Frank re: Feb.2"d meeting) 3) A.T.Kearney Contact:John Mestepey 305)577-0046 Note—L :ft message for John Mestepey about the search,he has yet.to return my call) 4) baacson Miller Contact:MO=oe(Bull)Moseley617)262-6500 FAX#(617)262-6509 bmosele [Malin iLcom NOW—Bud Moseley can make the Feb.2nd meeting) CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 CITY HALL OFFICE OF THE CITY CLERK 1700 CONVENTION CENTER DRIVE TELEPHONE: 673-7411 City of Miami Beach Blue Ribbon City Manager Search Committee Meeting of Wednesday, February 2,2000 At 6:00 p. m.- 2nd Meeting of the Committee Committee Members : Mr. Ron Berkman - Chairperson Mr. Fred Berens - absent Mr. Carlos Cisneros Mr. Victor Diaz Ms . Katherine Fernandez Rundle Mr. Merrett Stierheim Mr. Don Tomlin Support to the Committee : Robert Parcher, City Clerk Raul Aguila, First Assistant City Attorney Staff in attendance : T. C. Adderly, Director of Human Resources Mary Greenwood, Executive Asst . to the City Manager Maria E. Martinez, City Clerk' s Office The meeting was called to order at 6 : 15 p. m. Mr. Berkman explained the purpose of this meeting, welcomed the members of the Commission and the public present . He asked that each member of the Commission give their input as to the profile of the City Manager. Commissioner David Dermer: Commissioner Dermer thanked everyone present, and explained what he feels will be needed of the new City Manager, he also gave information on the City' s budget . His suggested criteria for a City Manager is as follows : A) Engineering or public works background; B) Integrity/and ability to say no; and C) Must be independent from the Commission. Commissioner Dermer agrees with a national search. Mayor Kasdin: He explained that this city is special and the Manager must understand the dynamics of this city. This is a non-conventional 9 City. The candidate must be : A) Competent and successful; B) Professional on his approach; C) Someone that does not play politics; D) Must surround himself with the best people/and possess organizational skills; and E) Must reform bureaucracy/be able to think out of a box; Mayor Kasdin agrees with a national search. Commissioner Matti Bower' criteria : A) Integrity; B) Must understand that all the Commissioners are equal; C) Understand ethics/local and state laws; D) Must have people skills; E) Must be open minded/able to sort things out and come to a conclusion/have common sense; F) Inclusive; G) Must serve the public; H) Must be used to a diverse community; I) Must understand that residents are as important as tourists/must balance business and tourism; J) Have a vision of Miami Beach; and K) Must know how to balance between preservation and development, rich and poor. Commissioner Bower wants to give our employees a chance to participate and also agrees with a national search. Commissioner Liebman' s criteria : A) Dedicated/workaholic/committed to completing projects; B) Must be able to deal with a diverse community and the rank and file-let the staff in the process; C) Separate political agendas from Commission policy (Commission policy is the task of the Manager) ; D) Knowledge of planning of an urban community; E) Must know the function of the historic district ; F) Easy care free personality/able to mix with everybody; G) Possess strong decision making; and H) Public Management skills . A person from a national search could learn about this city and have the professional skills to run the city. Commissioner Garcia' criteria : A) Integrity; B) Must have a proven record as a public administrator; C) Must understand an urban-multicultural community; D) Non-political; E) Must know local and state laws; F) Innovative; G) Must work with the public sector; H) Must deal with the labor unions; and I) Residence requirement is needed for the position of City Manager. Commissioner Garcia agrees with a national search. Commissioner Smith, criteria A) Demonstrate ability to plan, implement, and carry out Public Works Projects timely and within budget ; B) Must have professional ethics; C) Must have understanding and appreciation of the diversity of the community; D) Must be multi-lingual ; E) Must have understanding of the balance of cultural/business/ and tourism; F) Must understand the vitality and diversification of the community; G) Must be a-political/have courage to stand up to the commission; and H) Must be able to apply the City Charter and know that the Commissioners cannot interfere with running the city. Commissioner Smith agrees with a national search. Commissioner Cruz : He explained that for the first time the city has a 5 year projected budget, and now we can see where the city is going. His criteria is as follows : A) Must understand where the city is going; B) Must understand that entertainment makes the community stronger financially; C) Must deal with a business community that feels assaulted due To over-regulation and insensitivity; D) Must be sensitive to cut red-tape and an overgrown bureaucracy; E) Must work efficiently with the private and business sectors and the residents; F) Must implement a $93M Bond issue; G) Must be able to deal with the labor unions; and H) Must understand that all members of the Commission are equal since we have a weak mayor form of government . Commissioner Cruz agrees with a national search. He also said that the Manager must have an unique sensitivity to deal humanly with the citizens . He will take that above all . There was extensive discussion as to how many applicants should be on the short list and if the Commissioners wanted them ranked or unranked by the committee . Members of the public that wanted to speak were asked to seat at the table . David Kelsey: He expressed that there were difficulties in the business community because they were dictated to instead of listened to, and overregulated. Some basic improvements could satisfy them such as two (2) garbage pick ups a day, or more policemen walking the beat . The new Manager must be sensitive to the needs of the community and public service is the #1 issue . Susan Smith: Since we have five labor unions, the Manager must be able to work with the unions and honor the contracts . Teamwork was emphasized. Frank DelVecchio : The Manager must be able to interface with anyone; developers, property owners, etc . It would be great if the Manager could be multi-ethnic . Diversity must be emphasized. Must have municipal management experience . Bea Kalstein: We must check what this person leaves behind, check the track record. Must be conservative fiscally, and accountable . Joe Fontana : The consensus of the taxpayers is not to employ anybody that has worked for Miami-Dade County or the City of Miami due to the corruption. All the members of the public agreed to a national search. Search Firm: D M G Maximus - Ms . S. Renee Narloch She explained that the candidates are informed that any documents turned in to her company belongs to the city and to the particular search, and are covered by the Sunshine Law. A search firm is not as detail when advertising for the position because they do not want to exclude anybody. They market the position and they prepare a brochure that explains the job and the community in detail . They try to match the applicant to the job and also that the job matches the applicant . This is the best way to ensure that the new Manager will stay and be happy with the job. Mr. Berkman asked if she could comply with the 120 days deadline to have somebody on board, even though 30 of those days had already passed. She stated that she will have a new person working by mid May. Mr. Diaz asked what will be the staffing for this search. She explained that she is the only one in Tallahassee, but Mr. Casey is also on this search and he works out of Chicago. Ms . Rundle asked if she felt that the salary was competitive, and she said she thought it was competitive . Ms . Norlach explained that she had not factored the cost of living, but she felt even after that the salary was competitive . After the presentation of the profiles by the members of the Commission, the members of the public, and the presentation made by the search firm, the official meeting continued. Motion made by Mr. Stierheim to authorize Mr. Berkman to proceed to negotiate a contract and fees for the engagement with D M G Maximus; seconded by Mr. Victor Diaz . Discussion continued with Mr. Tomlin stating that he would like clarification as to the participation of Norm Roberts & D M G Maximus . Ms . Rundle said the Chairman should contact the other two firms . Mr. Tomlin said to contact the other two firms to find out why they did not participate . If they did not want to participate then go forward with the contract with D M G Maximus . Mr. Diaz expressed concern because the process needs to move forward, and unless we believe that D M G Maximus is not qualified we should go forward and negotiate a contract and reasonable fee . Mr. Berkman said the motion is amended to say barring any extenuating circumstances to go ahead with this company. Mr. Stierheim said he was comfortable with D M G Maximus and to authorize the chairman to negotiate fees and a contract . Mr. Diaz said the contract must detail the process with specific deadlines and schedule for each step in the process, and advertise budget needs to be presented. Vote 5-1 Mr. Tomlin opposed, Mr. Berens absent . Ms . Rundle made a motion to create a sub-committee composed of Mr. Berkman, Mr. Diaz, and Mr. Stierheim to review, negotiate and execute a contract with D M G Maximus; seconded by Mr. Tomlin, vote 6-0 , Mr. Berens absent . Mr. Diaz suggested that the prior City Managers should be invited to come to the next meeting give overview of the demands and challenges of the City Manager' s Job and the skills needed. He said we should contact Roger Carlton, Jose Garcia-Pedrosa and Sergio Rodriguez . Mr. Larry Levy said that the executive staff should be consulted only if they do not plan to participate . Motion moved by Ms . Rundle; seconded by Mr. Berkman. Discussion continued. Mr. Diaz was concerned with the number of people. He suggested that the search firm should interview these people and also contact the Police and Fire Chiefs and the City Attorney. Mr. Berkman asked the consultant (D M G Maximus) to contact the previous City Managers (Mr. Carlton, Mr. Garcia- Pedrosa, and Mr. Rodriguez) as well as the Assistant City Managers, Police Chief, Fire Chief, City Attorney, and current City Manager. No candidate who is interested in applying should be interviewed. Motion made by Mr. Cisneros to invite the previous City Managers to the February 25 , 2000 meeting; seconded by Mr. Diaz , vote 6-0 , Mr.Berens absent . Ms . Rundle suggested that the name Blue Ribbon be changed because it really bothers her. She said call it anything such as City of Miami Beach Search Committee, or City Manager Search Committee . Mr. Berkman explained that there is a Resolution with this name and that this is the official name . Ms . Rundle also suggested that the time be changed from 6 : 00 p. m. to 4 : 00 p. m. for the Friday, February 25, meeting. Thursday morning each of the Board members staff were contacted and the meeting was changed from 6 : 00 p. m. to 4 : 00 p. m. Meeting adjourned at 9 :40 P. M. Tape 2B is blank due to the microphone left in the recorder. If the microphone is left in, the recorder does not beep to let you know that the tape has ended. A City of Miami Beach - City Clerk's Office V February 9, 2000 / REGULAR AGENDA / R7 - Resolutions R7K Commission Memorandum No. 138-00 A Resolution Adopting a Policy Among the Mayor and City Commission that, for Purposes of the Ongoing City Manager Search/Selection Process, the Mayor and Individual City Commissioners Agree Not to be Lobbied By Any Individual(s) and/or Entity(ies) with Regard to Said Selection Process; Further Adopting a Policy Prohibiting Any Communications between Potential Candidates for the Position of City Manager, Members of the Blue Ribbon City Manager Search Committee, Lobbyists, or Principals, Employees, and Agents of the Search Firm Retained by the City Pursuant to Said Selection Process, and the Mayor and City Commissioners, or Their Respective Staffs; Provided that the Prohibitions Set Forth in This Resolution Shall Not Apply to (1) Oral Communications, Oral Presentations, or Any Other Discussions During Any Duly Noticed Public Meeting, or (2) Communications in Writing for Informational Purposes Only, At Any Time, With Any Member of the City Commission or Their Respective Staffs; Provided that a Copy of All Such Written Communications Shall be Filed with the City Clerk and the City Clerk Shall Make Copies Available to Any Person Upon Request; Provided Further That the Aforestated Policy be in Effect Throughout the Deliberations of the Blue Ribbon City Manager Search Committee as Well as the Complete City Manager Selection Process, Until a Final Determination and Decision is Made as to the Selection of a New City Manager. Administration Recommendation: Adopt the Resolution. City Attorney's Office) ACTION: Resolution No. 2000-23798 adopted as amended. Motion made by Commissioner Garcia; seconded by Commissioner Liebman with two amendments: 1) once a short list has been presented, Commissioners can talk individually with the short list candidates; and 2) if potential candidates approach a member of the Commission, the potential candidate will be referred to the Blue Ribbon City Manager Selection Committee or the employment consulting firm representing the Committee (DMG Maximus); voice vote: 5-0; absent: Commissioners Cruz and Dermer. Printed by City Clerk's Office Date Printed: 8/27/02 Time Printed: 7:43:24 AM Source Database: C:\Data\folio4.2\Clerk142.nfo r e h t F RESOLUTION NO. 2000-23798 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ADOPTING A POLICY AMONG THE MAYOR AND CITY COMMISSION THAT, FOR PURPOSES OF THE ONGOING CITY MANAGER SEARCH/SELECTION PROCESS, THE MAYOR AND INDIVIDUAL CITY COMMISSIONERS AGREE NOT TO BE LOBBIED BY ANY INDIVIDUAL(S) AND/OR ENTITY(IES) WITH REGARD TO SAID SELECTION PROCESS; FURTHER ADOPTING A POLICY PROHIBITING ANN' CO-NIMUNICATIONS BETWEEN THE MAYOR AND CITY COMMISSIONERS, AND/OR THEIR RESPECTIVE PROFESSIONAL STAFFS, AND (1) POTENTIAL CANDIDATES FOR THE POSITION OF CITY MANAGER, (2) .IVIENIBERS OF THE BLUE RIBBON CITY MANAGER SEARCH COMMITTEE, (3) LOBBYISTS, AND/OR(4) PRINCIPALS,EIMPLOYEES,AND AGENTS OF THE SEARCH FIR-VI RETAINED BY THE CITY PURSUANT TO. SAID SELECTION PROCESS; PROVIDED THAT THE PROHIBITIONS SET FORTH IN THIS RESOLUTION SHALL NOT APPLY TO (1) ORAL COMMUNICATIONS, ORAL PRESENTATIONS, OR ANY OTHER DISCUSSIONS DURING ANY DULY NOTICED PUBLIC MEETING; OR (2) COMNIUNICATIONS IN WRITING, FOR INFORti1ATIONAL PURPOSES ONLY,AT ANY TIME,WITH ANY MEINIBER OF THE CITY COMMISSION OR THEIR RESPECTIVE STAFFS, PROVIDED THAT A COPY OF ALL SUCH WRITTEN COMMUNICATIONS SHALL BE FILED WITH THE CITY CLERK AND THE CITY CLERK SHALL MAKE COPIES AVAILABLE TO ANY PERSON UPON REQUEST; OR (3) ONCE THE BLUE RIBBON COMMITTEE HAS PRESENTED A SHORTLIST OF CANDIDATES TO THE MAYOR AND CITY COMMISSION, THE MAYOR AND CITY COMMISSIONERS, AND/OR THEIR RESPECTIVE PROFESSIONAL STAFFS, MAY COMMUNICATE DIRECTLY, WHETHER ORALLY OR IN WRITING; WITH THE INDIVIDUAL SHORTLISTED CANDIDATES;PROVIDED FURTHER THAT_. ALL POTENTIAL CANDIDATES FOR THE POSITION OF CITY MANAGER SHALL BE REFERRED TO THE BLUE RIBBON COMMITTEE, OR THE SEARCH FIRM RETAINED BY THE CITY FOR THE PROCESS; AND DECLARING THE AFORESTATED POLICY IN EFFECT THROUGHOUT THE DELIBERATIONS OF THE BLUE RIBBON CITY iVIANAGER SEARCH COMMITTEE, AS WELL AS THE COMPLETE CITY MANAGER SELECTION PROCESS, UNTIL A FINAL DETERMINATION AND DECISION IS MADE AS TO THE SELECTION OF A NEW CITY MANAGER. WHEREAS, at its meeting of December 1, 1999, the Mayor and City Commission established the Blue Ribbon City Manager Search Committee (Committee) for the purpose of establishing a process, policies and procedures, and a recommendation to the Mavor and City Commission with regard to the hirim-, of a new City Manager for the City of Miami Beach; and WHEREAS, at its first meeting on January 6, 2000, the Committee voted unanimously that there be no lobbying, of Committee members; and EXHIBIT C e 4 WHEREAS. at its next meeting on February ?. 2000. the Committee had the benetit of input from the Mayor and City Commissioners with regard to the Cite Manager selection process,and with regard to the qualities and attributes that an ideal candidate for City Manager should possess: and WHEREAS, at that meeting. Commissioner Luis Garcia stated that he would recommend to the Mayor and City Commission. at its next regular meeting, that the %favor and City Commissioners adopt a similar policy as that adopted by the members of the Committee, with regard to a prohibition on lobbying, and further stated that this prohibition should include any communications between potential candidates. lobbyists. and Committee members. and the Mayor and City Commission and their respective professional staffs: and WHEREAS,this prohibition would not include any oral communications,oral presentations. and an_v other discussions between the aforestated parties and the Mayor and City Commissioners at any duly noticed public meeting(s), nor would it include written communications. for informational purposes only, between the aforestated parties and members of the City Commission and their respective professional staffs. as long as such communications were filed with the Office of the City Clerk. and were available to members of the public upon request: and WHEREAS, in addition to Commissioner Garcia's concerns, as set forth in this Resolution. the Mayor and City Commission, at its regular meeting on February 9. 2000. voted to further include language that, once the Committee has prepared its short-list of candidates and said short list has been presented and/or reported to the Mayor and City Commission. the Mayor and City Commissioners, their respective professional staffs, may communicate directly, either orally or in wTitinQ, with the individual short-listed candidates: and WHEREAS, it is recommended that the Mayor and City Commissioners adopt the aforestated policy, said policy continuing throughout the remaining deliberations of the Search Committee, as well as the Mayor and City Commissioners deliberations as to selection of a new Citv Manager, until such final selection is made. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF ivIIAMI BEACH, FLORIDA that the Mayor and City Commission herein adopt a policy that. for purposes of the ongoing City Manager Search, the Mayor and individual City Commissioners agree not to be lobbied by any individuals) and/or entitv(ies) with regard to the ongoing City Manager Selection Process; further adopt a policy prohibiting any communications between the Mayor and City Commissioners. and/or their respective professional staffs. and(1) potential candidates for the position of Citv Manager. (2) members of the Blue Ribbon City Manager Search Committee, (3) lobbyists, and/or (4) principals, employees, and agents of the Search Firm retained by the City pursuant to said selection process. provided that the prohibitions set forth this Resolution shall not apply to (l) oral communications, oral presentations, or anv other discussions during any duly noticed public meeting, or (2) communications in writing, for informational purposes only, at any time with any member of the Cite Commission or their I respective staffs: provided that a copy of all such written communications shall be filed with the Citv Clerk. and the City Clerk shall make copies available to any person upon request: or (3) once the Blue Ribbon Committee has presented a shortlist of candidates to the Mayor and City Commission. the Mayor and City Commissioners, and/or their respective professional staffs, may communicate directly. whether orally or in writina, with the individual shortlisted candidates; provided further that all potential candidates for the position of City Manager shall be referred to the Blue Ribbon Committee. or the Search Firm retained by the City for the Process; and declare the aforestated policy to remain in effect throughout the deliberations of the Blue Ribbon City Manager Search Committee, as well as the complete City Manager Selection Process, until a final determination and decision is made as to the selection of a new City Manager. PASSED and ADOPTED this-9th day of February, 2000. ATTEST: MAYOR l,it CITY CLERK RIALLvIF.Urf(MGI IR1Rf 0AC7Y IGR.K'.PI_) APFROYtD F.t: e FOR G'j--- vim- CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 CITY HALL OFFICE OF THE CITY CLERK 1700 CONVENTION CENTER DRIVE TELEPHONE: 673-7411 City of Miami Beach Blue Ribbon City Manager Search Committee Meeting of Friday, February 25,2000 At 4:00 p. m.- 3rd Meeting of the Committee Committee Members : Mr. Ran Berkman - Chairperson Mr. Fred Berens - absent Mr. Victor Diaz Ms . Katherine Fernandez Rundle Mr. Merrett Stierheim Mr. Don Tomlin Mr. Marc Zand Support to the Committee : Robert Parcher, City Clerk Raul Aguila, First Assistant City Attorney Staff in attendance : Maria E. Martinez, City Clerk' s Office Handouts : ICMA Code of Ethics from Mr. Carlton. The meeting was called to order at 4 : 10 p. m. by Mr. Berkman. He welcomed and thanked the previous City Managers present ; Mr. Sergio Rodriguez, Mr. Jose Garcia-Pedrosa and Mr. Roger Carlton. Motion made by Mr. Tomlin to approve the minutes of the 2/02/00 meeting; seconded by Mr. Diaz, vote 4-0, absent Mr. Berens, Ms . Rundle and Mr. Stierheim. Motion made by Mr. Diaz to approve the minutes of the 2/11/00 meeting; seconded by Mr. Tomlin, vote 4-0 , absent Mr. Berens, Ms . Rundle and Mr. Stierheim. Each of the previous City Managers gave their profile of the ideal City Manager. Mr. Sergio Rodriguez . Important characteristics of the City Manager are : A) Must have common sense . 4 d B) He or she must be a person with a clear past and with an image of honesty. C) Must get things done . Because of the public' s expectations relating to The Bond issue projects, the individual must ensure that projects are moving forward. D) Must be able to arrive at a consensus . E) Must be able to unite people in spite of the differences . F) Must be able to unite business and residents. G) Must be able to say no. H) Must be able to handle tension and long working hours and also keep a perspective and enjoy what he or she is doing. I) Must be able to negotiate with the labor unions . Must keep peace with the unions and keep the moral of the employees up. J) Must have a complete understanding of government and South Florida, because there is no time for learning on the job. Mr. Jose Garcia-Pedrosa He expressed to the committee that he had some general comments and some specific comments . He advised the committee to consider carefully people that have gone through the customary tracks, but also consider others, because if they do not , they may exclude somebody that could be very good. Specific characteristics A) Must have a good financial background. B) Must have the ability to attract and retain talented employees . C) Must be able to deal with a very demanding citizenry. The City of Miami Beach is very different and difficult due to the level of citizen expectation and participation. Mr. Roger Carlton He expressed that it was a fun challenge to come back and to be here . He said that the average job of a City Manager lasts 2 years and 3 months . He explained that there are different types of managers; business, professional public administrator and the political manager. As the community changes, the management style has to change . He urged the committee to find the resources to do the background check as extensive as possible . The new City Manager must : A) Develop regulations . B) Must be able to handle capital improvement issues . C) Must be very knowledgeable in finance and budgeting. D) Must have the traditional skills to deal with police, fire, sanitation, etc . They must respect the manager to agree on contract issues . E) Must be able to do staff development . F) Must be able to deal with diversity issues . G) Must be able to handle computer technology. Must implement programs that will enable the citizens to obtain permits on the web, etc . H) Must be able to negotiate private and public deals . I) Must have a keen sense of fairness to handle the diversity in the community. J) Must be able to measure performance . K) Must work closely with the City Attorney. L) Must understand local residential issues . It should be a mandate that the City Manager leave in Miami Beach. M) Must have a strong sense of ethics . The Mayor, the Chief of Police and the City Manager set the ethic tone of the City. Mr. Berkman asked Mr. Rodriguez how can the committee determine that the person has the ability to deliver on the Bond issue . Mr. Rodriguez explained that the City Manager does not necessarily do that directly, but he needs the ability to make sure that the staff can get it done. This can be done by: A) The personnel he or she has or hires . B) The parameters and goals which are established. Mr. Carlton explained that implementing the bond issue is all about accountability. He emphasized that it is important to check the credentials and to make sure that they have handled major projects on time Mr. Tomlin asked Mr. Rodriguez to explain what he meant by the statement "understanding the South Florida area" . Mr. Rodriguez said that there is no patience in this community. You are expected to know everything from day one . To keep the continuity, it is better to have somebody that knows South Florida. There is big benefits with new ideas, but he does not know if the citizens can accept that . Mr. Berkman asked Mr. Garcia-Pedrosa if he thought that knowledge of South Florida is necessary, and he said no. Mr. Garcia- Pedrosa explained that it may be better to have somebody not so proficient, but that will take the City to a higher level . Mr. Diaz wanted to know how important, on a scale from 1 to 10, is knowledge of the community to successful being a city manager. Mr. Garcia-Pedrosa said that if the person is adaptable 5 . Mr. Diaz explained that it takes a different set of skills to make the train run on time in private industry as opposed to government . Is it essential to have a background in public administration or a strong background in an industry highly regulated, or can an entrepreneur or CEO successful in private industry come . in and be a City Manager? Mr. Rodriguez said that there is no time for a learning curve in this community. A person without a government background will be at a disadvantage . Mr. Carton felt that a person with entrepreneurial background and a strong commitment to public service and some experience in volunteer work, could make up for the lack of public administration experience . He would choose background in public administration. Mr. Garcia-Pedrosa explained that he felt the city needs to have a manager with a financial background that could take it to a higher level, but he would put emphasis on a background in public administration. Mr. Rodriguez expressed that the manager has to provide the vision to the elected officials in addition to keeping the city running in the right direction. They all agreed that these are the issues facing the city at the moment : Infrastructure Transportation/Traffic balance between residents and business . balance between development and preservation. It was decided to deferred the discussion on the contract with D.M.G. Maximus to the subcommittee . There was some discussion and review of the search material and the timeline . Motion made by Ms . Rundle to change the wording on the search material to read "review of the resumes will begin on March 31 . 2000 . Resumes will be accepted until April 14 , 2000"; seconded by Mr. Stierheim. Vote 6-0, absent Mr. Berens . Motion made by Mr. Tomlin for the city to place the ad in the Wall Street Journal; seconded by Mr. Diaz, vote 6-0, absent Mr. Berens . Ms . Narlock will supply the committee with the rates to place the ad. It was also discussed that the advertisement in the local newspapers is necessary. The ad should be in the following newspapers : The Miami Herald, The New Herald, Miami Times and The Daily Business Review. Motion made by Mr. Diaz to amend the advertisement to mention the Webb Page and to have Mr. Parcher place the ad on the Webb; seconded by Mr. Stierheim, vote 6-0, absent Mr. Berens . Motion made by Mr. Tomlin to place the ad in all the newspapers mentioned; seconded by Ms . Fernandez vote 5-0 , Mr. Zand was out of the room, absent Mr. Berens . Because of conflicts, the previously scheduled dates for the interviews, May 18, 19 and 20th were canceled. Mr. Parcher to try to schedule the interviews for June 1, 2 , and 3 if possible . The meeting that was scheduled for March 8, 2000 is now changed to a meeting of the subcommittee only. The subcommittee will discuss and finalize the brochure, the ad and the contract with D.M.G. Maximus . Meeting adjourned at 6 : 50 p.m. PROFESSIONAL SERVICES AGREEMENT BETWEEN TH kc ITY OF MIAMI BEACH, FLORIDA AND DMG-MAXIMUS, INC. TO ASSIST WITH THE CITY OF MIAMI BEACH CITY MANAGER RECRUITMENT / SELECTION PROCESS THIS AGREEMENT is made this 9th day of February 2000 by and between the CITY OF MIAMI BEACH, FLORIDA (City), which term shall include its officials, successors, legal representatives, and assigns, and DMG-MAXIMUS, INC. (Consultant and/or DMG), a Florida corporation having its principal place of business at 1949 Commonwealth Lane, Tallahassee, Florida, 32303. SECTION 1 DEFINITIONS Agreement: This written Agreement between the City and the Consultant. City Manager: City Manager" means the Chief Administrative Officer of the City. Committee: The Blue Ribbon City Manager Selection Committee. 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. Fixed Fee:Fixed amount paid to the Consultant to allow for its costs and margin of profit. P roject Coordinator: An individual or individual(s) designated by the City Commission to coordinate, direct and review on behalf of the City all technical matters involved in the Services. For purposes of this„Agreement, the City's t Project Coordinator" shall be deemed to be the Chairman of the Committee and/or the City Clerk, who serves as the administrative staff liaison to the Committee. Risk Manager: The Risk Manager of the City, with offices at 1700 Convention Center Drive, Third Floor, Miami Beach, Florida 33139. Services: All services, work and actions by the Consultant performed pursuant to or undertaken under this Agreement, as described in Section 2, and any and all exhibits attached hereto. Termination: Termination of Consultant Services as provided in subsection 4.9 of this Agreement. Task:A discrete portion of the Services to be accomplished by the Consultant, as described in Section 2, and any and all exhibits hereto, as directed and authorized by the City. SECTION 2 SCOPE OF SERVICES REQUIRED The Scope of Services to be performed by the Consultant, and the timelines therein, is set forth in Exhibit "A," attached to this Agreement (Services). SECTION 3 COMPENSATION 3.1 FIXED FEE Consultant shall be compensated on a fixed fee basis, in the amount of Fifteen Thousand Five Hundred and 00/100 Dollars ($15,500), for providing the Services as set forth in Section 2 and, more specifically, in Exhibit "A" hereto. Such fixed fee shall be payable as 2- follows: a)One-third (1/3) upon approval of this Agreement by the Mayor and City Commission, and execution of same by all parties hereto. b) One-third (1/3) upon the Mayor and City Commission's acceptance of the Committee's short-list of finalists for the City Manager position. c)Final one-third (1/3) payment . following the Mayor and City Commission's selection of a final candidate for the City Manager position. 3.2 METHOD OF PAYMENT Payment shall be made to the Consultant pursuant to invoices or other submissions by the Consultant which detail or represent the completion of those phases of the Services, as set forth in subsection 3.1 . All submissions shall contain a statement that the items set forth therein are true and correct and in accordance with the Agreement. Payments shall be made within thirty (30) days of submission of the invoice or report to the City. 3.3 REIMBURSABLE EXPENSES In addition to the fixed fee payment set forth in subsection 3.1, the Consultant shall also be compensated for reimbursement of actual out-of-pocket expenses for items such as placement of advertisements, as set forth in the attached Appendix A, printing, postage, clerical services, long distance telephone charges, travel, Lexis-Nexis searches and credit and criminal background check for the selected candidate. All reimbursable expenses shall be capped at $6,500. Invoices or vouchers for reimbursable expenses shall be submitted along with supporting receipts, and other back-up material reasonably requested by the City. 3- SECTION 4 GENERAL PROVISIONS 4.1 RESPONSIBILITY OF THE CONSULTANT With respect to the performance of the Services, the Consultant shall exercise that degree of skill, care, efficiency and diligence normally exercised by recognized professionals with respect to the performance of comparable Services. In its performance of the Services, the Consultant shall comply with all applicable laws and ordinances, including but not limited to, applicable regulations of the City, County, State, Federal Government, ADA, EEO Regulations and Guidelines. 4.2 PUBLIC ENTITY CRIMES State of Florida Form PUR 7068, Sworn Statement under Section 287.133(3)(a) Florida Statute on Public Entity Crimes as available with the office of the City Clerk, shall be filed by Consultant upon or before the execution of this Agreement by the parties hereto. 4.3 PROIECT TEAM / PROJECT MANAGER The Consultant's Project Team shall be comprised of, and include the active participation of, the following DMG personnel: Michael Casey, S. Renee Narloch, and Norm Roberts. Consultant shall also employ, as needed, any and all additional personnel to timely and successfully fulfill the terms and conditions of the Agreement. Additionally, the Consultant shall appoint a qualified individual acceptable to the City to serve as Project Manager for the Services who shall be fully responsible for tJ e day-to-day activities under this Agreement and who shall serve as the primary contact for the City's Project Coordinator. For purposes of this Agreement, the Consultant's Project Manager shall be Ms. S. Renee Narloch. 4- 4.4 DURATION AND EXTENT OF AGREEMENT The term of this Agreement shall be for a period of six months, commencing on 2000, and ending on 2000. Provided, however, that as to any additional services requested by the City within such term, such services may be completed beyond such term, as mutually agreed to in writing by the parties, prior to their commencement. In the event that the Services contemplated herein cannot reasonably be completed within the term set forth in this subsection 4.4, the City may, at its sole discretion, and/or upon recommendation of the Committee, extend the term of this Agreement; provided further, that the reason for said extension of time is not necessitated as a result of the Consultant's failure or inability to provide/complete the Services. Notwithstanding the term of this Agreement, or any additional term as may be agreed to and approved by the parties hereto, Consultant herein covenants, warrants and represents that, following completion of its services pursuant to this Agreement, the City Manager Selection process, and upon the hiring of a new City Manager by the Mayor and City Commission, Consultant shall not seek to pro-actively recruit said City Manager for another comparable public service position, for a period of three (3) years from the hiring of said Manager by the City. Notwithstanding the preceding sentence, Consultant's agreement not to "recruit" said City Manager for such three year period shall in no way be construed to prohibit or prevent said Manager from seeking employment in the public and/or private sector. 4.5 NOTICE TO PROCEED Unless directed by the City otherwise, the Consultant shall proceed with work on the Services only upon issuance of a Notice to Proceed by the City. 5- 4.6 OWNERSHIP OF DOCUMENTS AND EQUIPMENT All documents prepared by the Consultant pursuant to this Agreement are related exclusively to the Services described herein, and are intended or represented for ownership by the City. Any reuse by Consultant or the parties shall be approved in writing by the City. 4.7 INDEMNIFICATION Consultant agrees to indemnify. and hold harmless the City of Miami Beach and its officers, employees and agents, from and against any and all actions, claims, liabilities, losses, and expenses, including, but not limited to, attorneys' fees, for personal, economic or bodily injury, wrongful death, loss of or damage to property, at law or in equity, which may arise or be alleged to have arisen from the negligent acts, errors, omissions or other wrongful conduct of the Consultant, its employees, agents, sub-consultants, or any other person or entity acting under Consultant's control, in connection with the Consultant's performance of the Services pursuant to this Agreement; and to that extent, the Consultant shall pay all such claims and losses and shall pay all such costs and judgements 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 parties agree that one percent 0 %) of the total compensation to the Consultant for performance of the Services under this Agreement is the specific consideration from the City to the Consultant for the Consultant's Indemnity Agreement. The Consultant's obligation under this subsection s all not include the obligation to indemnify the City of Miami Beach and its officers, employees and agents, from and against any actions or claims which arise or are alleged to have arisen from negligent acts or omissions or other wrongful conduct of the City and its officers, employees and agents. The 6- parties each agree to give the other party prompt notice of any claim coming to its knowledge that in any way directly or indirectly affects the other party. 4.8 INSURANCE REQUIREMENTS The Consultant shall not commence any work pursuant to this Agreement until all insurance required under this subsection has been obtained and such insurance has been approved by the City's Risk Manager. The Consultant shall maintain and carry in full force during the term of this Agreement and throughout the duration of the work the following insurance: 1. Consultant General Liability in the amount of $1,000,000.00. A certified copy of the Consultant's (and any sub-consultants') Insurance Policy must be filed and approved by the Risk Manager prior to commencement. 2. Workers Compensation & Employers Liability as required pursuant to Florida statute. Thirty (30) days written notice of cancellation or substantial modification in the insurance coverage must be given to the City's Risk Manager by the Consultant and his insurance company. The insurance must be furnished by insurance companies authorized to do business in the State of Florida and approved by the City's Risk Manager. Original certificates of insurance for the above coverage must be submitted to the City's Risk Manager for approval prior to any work commencing. These certificates will be kept on file in the office of the Risk Manager, 3rd Floor, City Hall. The Consultant is responsible for obtaining and submitting all insurance certificates for their consultants. All insurance policies must be issued by companies authorized to do business under the laws of the State of Florida. The companies must be rated no less than "B+" as to 7- management and not less than "Class VI" as to strength by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent, subject to the approval of the City's Risk Manager. Compliance with the foregoing requirements shall not relieve the Consultant of the liabilities and obligations under this subsection or under any other portion of this Agreement, and the City shall have the right to obtain from the Consultant specimen copies of the insurance policies in the event that submitted certificates of insurance are inadequate to ascertain compliance with required overage. 4.8.1 Endorsements All of Consultant's certificates, above, shall contain endorsements providing that written notice shall be given to the City at least thirty (30) days prior to termination, cancellation or reduction in coverage in the policy. 4.8.2 Certificates Unless directed by the City otherwise, the Consultant shall not commence the Services until the City has received and approved, in writing, certificates of insurance showing that the requirements.of this subsection (in its entirety) have been met and provided for. 4.9 TERMINATION, SUSPENSION AND SANCTIONS 4.9.1 Termination for Cause If through any cause within the reasonable control of the Consultant, the Consultant shall fail to fulfill in a timely manner, or otherwise violate any of the covenants, agreements, or stipulations material to this Agreement, the City shall thereupon have the right to terminate the Services then remaining to be performed. Prior to exercising its option to terminate for cause, the City shall notify the Consultant of its violation of the particular terms of this 8- Agreement and shall grant Consultant ten (10) days to cure such default. If such default remains uncured after (10) days, the City, upon seven (7) days notice to Consultant, may terminate this Agreement. In that event, all finished and unfinished documents, data, studies, surveys, reports and other work products prepared by the Consultant and its subcontractors shall be properly delivered to the City and the City shall compensate the Consultant in accordance with Section 3 for all Services satisfactorily performed by the Consultant prior the date of the Notice of Termination. Notwithstanding the above, the Consultant shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the Agreement by the Consultant and the City may reasonably withhold payments to the Consultant for the purposes of set-off until such time as the exact amount of damages due the City from the Consultant is determined. 4.9.2 Termination for Convenience of City The City may, for its convenience and without cause, terminate the Services then remaining to be performed at any time by giving written notice to Consultant of such termination, which shall become effective seven (7) days following receipt by Consultant of the written termination notice. In that event, all finished or unfinished documents and other materials as described in Section 2 and Exhibit "A" shall be properly delivered to the City. If the Agreement is terminated by the City as provided ira this subsection, the City shall compensate the Consultant for all Services satisfactorily performed by the Consultant and reasonable direct costs of Consultant for assembling and delivering to City all documents. Such payment shall be the total extent of the City's liability to the Consultant upon a 9- Termination for Convenience, as provided for in this subsection. 4.9.3 Termination for Insolvency The City also reserves the right to terminate the remaining Services to be performed 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 4.9.2. 4.9.4 Sanctions for Noncompliance with Nondiscrimination Provisions In the event of the Consultant's noncompliance with the nondiscrimination provisions of this Agreement, the City shall impose such sanctions as the City or the State of Florida may determine to be appropriate, including but not limited to, withholding of payments to the Consultant under the Agreement until the Consultant complies and/or cancellation, termination or suspension of the Services. In the event the City cancels or terminates the Services pursuant to this subsection the rights and obligations of the parties shall be the same as provided in Section 4.9.2. 4.9.5 Changes and Additions This Agreement may be amended by mutual agreement of the parties. In the event that the parties determine that an amendment to the Scope of Services and/or timelines set forth in Exhibit A are necessary in order to effectuate the terms and conditions of this Agreement, said amendment shall first be considered and recommended by the Committee and then brought to the Mayor and City Commission for its consideration. 4.10 ASSIGNMENT, TRANSFER OR SUBCONTRACTING The Consultant shall not subcontract, assign, or transfer any work under this Agreement without the prior written consent of the City. 10- 4.11 EQUAL EMPLOYMENT OPPORTUNITY In connection with the performance of this Agreement, the Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, ancestry, sex, age, national origin, place of birth, marital status, or physical handicap. The Consultant shall take affirmative action to ensure that applicants are employed and that employees are treated during their employment without regard to their race, color, religion, ancestry, sex, age, national origin, place of birth, marital status, disability, or sexual orientation. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or termination; recruitment or recruitment advertising; layoff or termination; rates of pay, or other forms of compensation; and selection.for training, including apprenticeship. 4.12 CONFLICT OF INTEREST The Consultant agrees to adhere to and be governed by the Metropolitan Dade County Conflict of Interest Ordinance (No. 72-82), as amended; and by the City of Miami Beach Charter and Code, which are incorporated by reference herein as if fully set forth herein, in connection with the Agreement conditions hereunder. The Consultant shall pay particular attention to and strictly adhere to and comply with City of Miami Beach Ordinance No. 99- 3164 (the "Cone of Silence" Ordinance) and Resolution No. 2000-23798, reaffirming the provisions of the former Ordinance and setting forth the City's policy(ies) with regard to verbal and written communications during the City Manager Selection process. Said Ordinance and Resolution are attached hereto as Exhibits B and C, respectively. The Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirectly which should conflict in any manner or degree with the 11- performance of the Services. The Consultant further covenants that in the performance of this Agreement, no person having any such interest shall knowingly be employed by the Consultant. 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. 4.13 PATENT RIGHTS: COPYRIGHTS; CONFIDENTIAL FINDINGS Any patentable result arising out of this Agreement, as well as all information, design specifications, processes, data and findings, shall be made available to the City for public use. No reports, other documents, articles or devices produced in whole or in part under this Agreement shall be the subject of any application for copyright or patent by or on behalf of the Consultant or its employees or subcontractors. 4.14 NOTICES All communications relating to the day-today activities shall be exchanged between the Project Manager appointed by Consultant and the Project Coordinator designated by the City. The Consultant's Project Manager and the City's Project Coordinator shall be designated promptly upon commencement of the Services. All other notices and communications in writing required or permitted hereunder may be delivered personally to the representatives of the Consultant and the City listed below or may be mailed by registered mail, postage prepaid (or airmailed if addressed to an address outside of the city of dispatch). Until changed by notice in writing, all such notices and communications shall be addressed as follows: 12- TO CONSULTANT: DMG-MAXIMUS, INC. Attn: S. Renee Narloch 1949 Commonwealth Lane Tallahassee, Florida 32303 850) 386-1101 TO CITY: City of Miami Beach Blue Ribbon City Manager Search Committee Attn: Chairman Ron Berkman 1700 Convention Center Drive, 4th Floor Miami Beach, FL 33139 305) 673-7010 WITH COPIES TO: City of Miami Beach City Clerk's Office Attn: Robert Parcher, City Clerk 1,700 Convention Center Drive Miami Beach, FL 33139 Notices hereunder shall be effective: If delivered personally, on delivery; if mailed to an address in the city of dispatch, on the day following the date mailed; and if mailed to an address outside the city of dispatch on the seventh day following the date mailed. 4.15 LITIGATION IURISDICTION/VENUE This Agreement shall be enforceable in 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 Dade County, Florida. 4.16 ENTIRETY OF AGREEMENT This writing and the Services embody the entire Agreement and understanding between the parties hereto, and there are no other agreements and understandings, oral or written with 13- reference to the subject matter hereof that are not merged herein and superseded hereby. The Services and the Proposal Documents are hereby incorporated by reference into this Agreement. No alteration, change, or modification of the terms of this Agreement shall be valid unless amended in writing, signed by both parties hereto, and approved by the City Commission of the City of Miami Beach. This Agreement, shall be governed by and construed according to the laws of the State of Florida. 4.17 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 its 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 total sum of the Agreement, as set forth herein, less any sums already paid to Consultant. 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 equal to the sum of the Agreement, less the amount of all funds actually paid by the City to Consultant pursuant to this Agreement. 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 the total sum of the Agreement, which amount shall be reduced by the amount actually paid by the City to Consultant pursuant to this Agreement, 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 paragraph or 14- 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. 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: By: City Clerk Mayor FOR CONSULTANT: DMG-MAXIMUS, INC. ATTEST: By: By: A ecretary President Corporate Seal APPROVED AS TO FORM & LANGUAGE FOR EXECUTION orrery Do% 15- THE RECRUITMENT PROCESS Scope of Services The recruitment process outlined below has been designed to recruit the most qualified candidates for consideration for appointment as the Cites new City Manager. Anticipated completion dates are included. Step I—Develop Candidate ProEle-February 18, 2000 In order to develop the profile of the ideal candidate for City Manager, we will meet with the Chair and Blue Ribbon Search Committee Members, Assistant City Managers, Fire Chief, Police Chief and the last three former City Managers for the City of Miami Beach, and others as appropriate, to develop information regarding specific issues and opportunities facing the City of Miami Beach. The desired education, experience, and background of the sought-after candidate will be determined. We will also work with you to identify the management skills and style that are appropriate for the new City ?Manager. These discussions will result in a consensus-driven profile of the ideal candidate. This profile will guide all subsequent recruitment efforts. Step 2—Develop Advertising Campaign andBrochure-February 18, 2000 Based on the above discussions, an advertising campaign will be developed. Emphasis will be placed on reaching the target market and controlling costs. Professional publications, journals, and other sources will be used. In addition, the job will be posted on our Internet site at n,s•wdmgma;mus.cojn%recruit. Advertisement placement and anticipated costs are outlined in Appendix: A- In addition, a recruitment brochure will be developed on behalf of the City. The brochure will discuss the recruitment process, the requirements of the position, the organization, and the community. The brochure will serve as the primary marketing tool in the recruitment. Step 3-Began PlacingAdvertisement-February 18,2000 Step 4-Blue Ribbon Search Committee Meeting-February 25, 2000 Committee will meet to review and approve brochure, advertising campaign, supplemental questionnaire, and to receive feedback from three former City Managers. Step S-Printing andDistribution ofBrochure-,ifarrh 10, 2000 Step 6—Candidate IdentScation andRecruiting-due March 31, 2000 One of the most critical steps in any recruitment is the effort expended to identify and recruit outstanding candidates. The focus of our efforts will be on: CityofMami Beach,Florida-Page I EXHIBIT A Developing a list of outstanding potential candidates through our network developed over several years; v Use of our knowledge of quality candidates from past recruitments; and Marketing as per agreed marketing plan. Step 7—Screen Resumes-Marr=h 31-April 14, 2000 Resumes received on your behalf will be promptly acknowledged and screened against the criteria identified by the Chair and Blue Ribbon Search Committee Members in our initial meetings as well as our knowledge of the people and the organizations in which they work. Those candidates whose qualifications most closely match the recruitment criteria will be asked to complete the supplemental questionnaire. Questions will focus on the candidates' specific experience as it relates to the search. Step 8—Progress Report Meeting- We of,pri 17, 2000 Upon completion of our preliminary screening,we will meet with you to present a progress report of the leading candidates, to include no less than ten candidates. Our report will include candidate summaries, completed supplemental questionnaires, and the original resumes of no less than ten candidates who we believe to be best qualified for the position. Supplemental information on a candidate typically includes the sue of the jurisdiction for which the person works, reporting relationships, budget responsibility, the number of people supervised, related experience, and reasons for interest in the position. Any other specific information will be dictated by the criteria set forth in the recruitment profile. The purpose of our progress report is two-fold. It allows you an opportunity to review the candidates prior to continuing the search and allows us to receive feedback from you on the caliber of the candidates recruited. B doing so we avoid the tYgpotential of conducing a lengthy search only to find we "missed the target." The report.will be provided to each Search Committee Member at least three days in advance of the scheduled meeting and will include a generic description of the overall candidate pool. Step 9--Candidate Evaluation-thru May IS, 2000 We will personally interview those candidates identified as the most qualified as a result of the progress meeting. Additionally, we will verify degrees and certifications; conduct credit check; investigate motor vehicle, civil and criminal records; and check newspaper articles via the Internet and Lexis-Nexis®. As part of our process in evaluating candidates, we will also make telephone reference checks. In conducting these reference checks, it is our practice to speak directly with individuals who are. or have been, in a position to evaluate the candidate's performance on the job. These reference checks and our evaluations provide you with a frank,objective appraisal of the candidates. Srep 10-Recruitment Report-May 13, 2000(Tentative) We will provide the Search Committee with a recruitment report at least three days prior to final interviews. We will prepare a detailed report and evaluation of those candidates most nearly meeting your specifications. Candidates will not be ranked. We believe that it will be important for you to interview candidates to assess the chemistry and potential fit with the Ciq•of)thami ricich. r•7orida-A2 c 2 organization. We will work with you to develop a selection process that will ensure the fairness of the recruitment. We will also provide you with interviewing/selection tips, suggested interview questions, and rating forms for your use. Step 11 Final Interviews-May 18, 19, and20, 2000(Tenmdve) We will conduct a "briefing session" immediately preceding your interviews to make sure that the process flows smoothly, and will assist you in a"debriefing" immediately following the interviews. Step 12—Second Interview(Optional) If the Search Committee selects more than three finalists, there will be a second interview process to narrow the pool of candidates further. Step 13 —Search Committee Selection and Referral to Mayor and City Commission (Tentative - June 1, 2000) Srep 14-Special Assistance(Included in Basic Services) Our efforts do not conclude with presentation of the final report. We are committed to you until a successful placement is made. Services that are routinely provided include the following. Arranging the schedule of interviews and the associated logistics for the final candidates. Advising on starting salary,fringe benefits, relocation trends and employment packages. Acting as a liaison between the client and candidate in discussing offers and counter offers. We will be available, at the request of the City, through the negotiation and contract execution process to assist as needed. Conducting a final round of reference checks with current employers (if not previously done for reasons of confidentiality). Notifying unsuccessful candidates who were not recommended for interview or selected. Step 1S—CompleteAdministrative Assistance Throughout the recruitment, Mr. Casey will provide the Chair and Blue Ribbon Search Committee Members vvith periodic status reports. one will keep candidates advised of the status of the recruitment; resumes will be acknowledged and candidates notified of their selection as finalists. DMG-MAXIMUS believes that attention, to keeping everyone informed of the progress of the recruitment does much to ensure its success. City,ol.Viami Beach,norida-Page 3 Anticipated Timeline City Manager Recruitment City of Miami Beach, Florida Develop Candidate Profile February 18 2000 Develop Advertising Cam ai n and Brochure February 18, 2000 B in Placing Advertisement Febru 18, 2000 Blue Ribbon Search Committee Meeting February 25, 2000 Printing and Distribution of Brochure March 10, 2000 Candidate Identification and Recruiting thru March 31 2000 Screen Resumes March 31 —April 14, 2000 Progress Report Meeting Week ofApril 17, 2000 Candidate Evaluation thru May 15, 2000 Recruitment Report May 15 2000 tentative Final Interviews May 18, 19, 20, 2000 tentative Second Interviews (Optional) Search Committee Selection and Referral to June 1, 2000 (tentative) Mayor and City Commission 0 CityofAfismi Beach,Ronda-Page 4 PROFESSIONAL FEES, EXPENSES, TMG AND GUMMEE Professional Fees & 4enses The project costs for professional services will be $15,500 plus reimbursement of actual out-of- pocket expenses for items such as placement of advertisements, printing, postage, clerical services, long distance telephone charges, travel, Lexis-Nexis' searches and credit and criminal background check for the selected candidate. For this recruitment we will cap expenses at 6,500. DMG-MAXIMUS is sensitive to the pressures faced by local governments to contain costs. As such, we will work with you to ensure that the recruitment is conducted in a cost-effective manner. liming Mr. Casey is prepared to proceed on this search immediately and can be available to meet with you within one week of our selection to conduct the search. We anticipate that we can confirm finalists within 60 to 90 days of our initial meetings. The schedule on the following page graphically displays the tasks and their anticipated duration and the milestone dates for the search. Summaq and Guarantee DMG-MAXIMUS is proud of the track record of success achieved by our recruitment staff. The comprehensive recruitment process outlined within this proposal will result in the selection of the best possible candidate for the position ofCity Manager. Our ability to carrying out the work required is heavily dependent on our past experience in providing similar services to others, and we expect to continue such work in the future. We will preserve any information received from you or developed during the work in accordance with our established professional standards. In the unlikely event that none of the finalist candidates are chosen, we will continue the search on your behalf at no added cost beyond direct expenses. In addition, if within the first year of employment the City Manager either resigns or is dismissed for cause, we will conduct another search for direct expense only. There will be no charge for professional services. d r The C.om.munity The,City,of,Miami Beach was incorporated on March 26, e Y 1915 with a population of 100. Today, the total'year-round population is in excess of 96,000, with substantial sea- sonal increases due to tourism. Miami Beach'began as a fruit plantation community but soon proved,a more promising resorE and recreation center. Early,developers built polo fields, tennis courts, and hotels to attract visitors to the,oceanside village. Today, Miami Beach is a major convention destination and, with daily transatlantic airline service, it,has become a year-round international resort and one of the,premiere,cities within the Metropolitan,Dade County area. Over seven million tourists visit South Beach and the Art Deco Historic District each year making the area the second most popular visitor destination in the State of Florida, following Disney World. Tourism 'contributes over $11 billion to the area's economy .yearLy, While Miami Beach is known the world over for its leisure and cultural activities, the year-round residents of Miami Beach are high-energy and take great pride in their community. The citizenry is diverse, multi-cultural and highly educated, creating a truly dynamic atmosphere. The median age of'residents has decreased from 63 to 43 since 1980. The median household income i"n 1998 was $47,315. The,population is comprised of 57% Hispanic, 376/6 White, 4% African American and,2%'Other. Miami Beach has become a global center for fashion;film,television; music, newsl media and the performing and visual arts. The City has.,a fine symphony, a ballet company, a museum and numerous artists and galleries. Several attractions include the historic Art Deco District, the Holocaust Memorial, and the Jackie Gleason Theatre of the,Performing Arts'. The City has a one million square foot convention center, which hosts.a variety of trade and consumer shows.as well as concerts and special events. D MAXIMUS G. Helping Government Serve the People The successful refurbishment of the Art Deco District sparked Elections are held in odd-numbered years. The Commission selects an economic boom which continues to attract many new one of its members as Vice Mayor for rotating six-month terms. industries to the area. Second only to tourism is the City's The Mayor, who resides over the Commission's meetings, may voteYP9Y healthcare industry. The City is also home to a $45 million on all matters that come before the City Commission, but has no modeling industry, with the Entertainment industry currently power of veto. The City Manager and City Attorney are appointed by occupying over 500,000 square feet of office space and the Commission. Other department heads are appointed by the City employing almost 1,900 people. Manager with the consent of the City Commission. Located opposite Miami across the Biscayne Bay, the City of The FY 2000 operating budget is $237 million including debt Miami Beach has a land area of approximately 7.1 service. The City square miles, 10 miles of water, and 63 miles of water t employs approxi- frontage. The City boasts an annual average tempera- A mately 1,800 full- ture of 75 y time staff. The City degrees r t 1 - employees are Fahrenheit, F '.. c> : represented by five which, along bargaining units. with the beachfront access, contributes to The Position its excellent The City Manager is appointed by outdoors the City Commission and functions recreational as the Chief Administrative Officer opportunities. of the City, responsibLe for the Housing costs administration of all departments vary ranging as well as the enforcement of at[laws and ordinances within the from multi- City's jurisdiction. The City Manager informs and advises the City million dollar Commission on all the City's affairs. homes to more Duties of the City Manager include: moderate and affordable housing. Choices include single- A Directing and coordinating work of the staff and operating family dwellings, condominiums, and apartments, with a large selection of rental properties available. departments; hiring and firing staff; administering the personnel system; dealing with employees. The public schools are part of the Dade County Public School A Monitoring and controlling financial affairs of System, and there are six major universities and colleges the City; preparing and implementing the budget. Located within a twenty-five mile radius of Miami Beach. Relating to neighboring jurisdictions, the county, state and The Government federal government, other governmental agencies, local The City of Miami Beach currently operates with a Commis- citizens, interest groups, vendors and contractors; conduct- Sion/City Manager form of government. The Commission is ing press relations and public relations. comprised of the Mayor who serves a two-year term and six Carrying out directives from the City Commission; responding to, Commissioners who are elected to four-year staggered terms. and solving citizen problems; devising policy recommendations, problem solving, and advising City Commission of recommendations. Directing the development of policies and procedures Economic Development/Diversification relative to collective bargaining negotiations, interpreta- Apart from the City's current flourishing economic activities, tion, and Human Resources administration, and special there is a need to pursue new economic avenues and imple- projects assigned by the City Commission. ment a plan to diversify economically by encouraging new and AL Directing the City's collective bargaining negotiations, emerging industries to the area, such as the entertainment contract agreements, impasse proceedings, grievance and industry and E-commerce. related employee-relations activities. Relationship Building A Overseeing the development of The City of Miami Beach embraces its responsibility to continu- liaisons to various ally improve relationships in and among the community and City Boards and surrounding areas, including its relationship with the local Committees.business community. With its extremely diverse and multi- cultural citizenry,the City must continue to promote an environ- The previous City ment which brings out the best in the community. Manager, Sergio Rodriguez, resigned The Candidate bl Education The ideal candidate should have a Bachelor's degree in public/business recently to accept a position administration or a with the University of Miami related field from an after serving two years as City Manager. Lawrence Levy, accredited college or City Attorney, is the Interim City Manager. university; Master's preferred. Key Issues and Challenges Experience General Obligation Bond Preference will be given to candidates who have several years The voters recently approved a $92 million general obligation of experience as a City/County Manager or Assistant City/ bond to improve neighborhoods, parks, beaches and fire County Manager in a comparable fuLl-service city in an urban stations throughout the City. Project planning and manage- setting or as a senior manager or CEO of a private organiza- ment will be crucial to the success of these projects, thereby tion. A combination of public and private sector experience preserving the goodwill and confidence of the citizens. is considered a plus. Candidates must have experience in a Community Growth/Redevelopment dynamic, diverse, rapidly changing community with a proven With its very limited size of seven square miles, the City must record of moving the community and organization forward to continue to balance the community's growth and its preserva- its short- and long-term goals. Although not a requirement tion of historic areas, while evaluating and strategically at this time, it is preferred that the new City Manager resides in Miami Beach. managing its limited redevelopment opportunities. Management Style and Abilities Personal Traits The selected candidate should: A Professional; A Treat all Commission Members even-handedly and A Person of integrity; assist them in working together; A Hardworking and dedicated; Keep the Commission informed in a timely and A Adaptable; able to relate to a diverse community; accurate manner; A Personable and outgoing; A Possess excellent interpersonal skills;A Energetic and enthusiastic; . A, Be able to build bridges among individuals and groups A Sense of humor. and gain consensus; A Have strong convictions and present recommendations' The C o rn p e n s a tion to the Commission; The City Manager's salary is highly competitive and open depending A Promptly implement Commission decisions; on qualifications. The City offers an excellent benefits package. A Be familiar with and willing to embrace advancements The Process in technology: If you are interested in this outstanding opportunity, please submit A Be able to make difficult personnel and budget a detailed resume, including current salary information to. decisions; A Operate the City in a "business-like" manner; MIKE CASEY OR RENEE NARLOCH DMG-MAXIMUS, INC. A Encourage a team approach by staff and partnership 1949 Commonwealth Lane between the Commission and staff; Tallahassee, Florida 32303 A Have proven skills in selecting, motivating, developing FAX: (850) 386-3599 and evaluating staff;E-mail: narloch@dmgmaximus.com . A Be a long- and short-term visionary; Review of resumes will begin on March 31, 2000. Resumes will be A Be fiscally resourceful;screened and the most qualified candidates will be invited to A Be a competent leader, who is.willing to acknowledge preliminary interviews with DMG-MAXIMUS. Once a mutual interest his/her mistakes; in the position has been established, references will be contacted. A Be apolitical; All candidates will be notified of their status once the finalists have AL Possess strong collective bargaining skills; been selected. In accordance with Florida's open records laws, Have proven budgetary/financial skills; resumes and all application materials are subject to public disclosure. A Be customer service,oriented;Should you have any questions„please contact.Mike Casey or Renee A Have an inclusive management style;Narloch at (850) 386-1101 x222. A Have good project management Additional information available at: skills; www.ci.miami-beach.ft.us www.dmgmaximus.com/recruit S Be able to understand and balance EOE/Reasonable accommodation upon request. neighborhood and business community concerns; CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 CITY HALL OFFICE OF THE CITY CLERK 1700 CONVENTION CENTER DRIVE TELEPHONE: 673-7411 City of Miami Beach Blue Ribbon City Manager Search Committee Meeting of Tuesday, April 18, 2000 At 1:00 p. m.- 4th Meeting of the Committee Committee Members : Mr. Ron Berkman - Chairperson Mr. Fred Berens Mr. Victor Diaz Ms . Katherine Fernandez Rundle- in 1 : 27 p.m. Mr. Merrett Stierheim- in 1 : 34 p .m. Mr. Don Tomlin Mr. Marc Zand- in 1 : 18 p.m. Support to the Committee : Robert Parcher, City Clerk Raul Aguila, First Assistant City Attorney-Absent Debbie Turner, First Assistant City Attorney Staff in attendance : T. C. Adderly, Director of Human Resources Michael Aller, Director of Tourism Mary Greenwood, Executive Assistant to the City Manager Max Sklar, Mayor' s Office Maria E . Martinez, City Clerk' s Office Commissioners in attendance : Commissioner Bower Commissioner Garcia- briefly attended the meeting D.M.G. Maximus Mike Casey S . Renee Narloch Members of the public : Erik Bojnansky Frank Del Vecchio Joe Fontana Saul Gross Bernice Martinez Bea Kalstein David Kelsey e• t V The meeting was called to order at 1 : 12 p.m. Motion made by -Mr. Diaz to approve the minutes for the February 25 , and the March 8 , meetings ; seconded by Mr. Tomlin; Vote : 4-0 , absent Ms . Rundle, Mr. Zand, and Mr. Stierheim. Mr. Aller made a presentation on the plans which have been tentatively scheduled to accomodate the candidates . The applicants will be given a tour of the City narrated by Mr. Aller and Mr. George Neary, Director of Cultural Tourism for The Greater Miami Convention and Visitors Bureau. Mr. Aller gave D.M.G. Maximus press kits to be distributed to the applicants . Mr. Parcher thanked Mr. Aller and Mr. Adderly for their help to the Committee . Mr. Berkman introduced Commissioners Bower and Garcia and thanked them for being there . Discussion was held as to how to review the list of applicants . It was decided that they will go one by one, and each member of the Committee could express his or her opinion as to whether the candidates will continue in the process . Mr. Zand was concerned that all the applicants on the list were from the public sector and that the private sector was not represented. Mr. Tomlin pointed out that some of the applicants had been in the private sector prior to going into the public sector and in a sense the private sector was represented. Of the 11 candidates that were recommended by D.M.G.Maximus, 7 were recommended to continue in the process . The 7 semi-finalists are : Danny Alvarez Melinda Carlton Jorge Gonzalez Richard Lewis Charles "Randy" Oliver David Ready Vernon Stoner Ms . Rundle asked if there was a conflict by having Mr. Stierheim in the Committee since one of the semi-finalist works for Miami- Dade County. Ms . Debbie Turner advised that as long as the candidate and Mr. Stierheim are not related or business partners, there is no conflict . Ms . Olin explained that, if there is perceived conflict the person can abstain from participating in the discussion and the voting. The Committee agreed that there is no conflict . Mr. Casey advised that there has been no background check done on the candidates . Ms . Rundle wanted to know if a criminal investigation is done . Mr. Diaz asked Ms . Rundle what can she suggest by way of finding out if the candidate had been part of an investigation, or if their employer had been part of an investigation. Ms . Rundle explained that to find out about investigations you need to contact the local D. A. Office, also the Local F .B . I . Office . There is also the Ethic Commission and other regulatory agencies that conduct investigations, that are not necessarily criminal in nature, such as ethical violations and election campaign violations . Ms . Rundle offered the services of her office to do a research on the candidates . Ms . Rundle also suggested that the City of Miami Beach Police Chief should be involved in the investigation. The candidates will be asked to sign a "privacy waiver" to consent to a full background investigation. Mr. Zand felt that only the candidates recommended to the job should have the background investigation, due to the potential of a legal suit if the candidate is eliminated. The Committee -felt that all should be investigated. Mr. Diaz suggested that : 1) the "privacy waiver" should have a statement asking the applicants for voluntary disclosure of any previous investigations . 2) To authorize the Committee to seek further information if needed. D.M.G.Maximus will prepare the "privacy waiver" form and circulate it among the Committee members for approval . Mr. Berkman prefers that they send it to him and he will circulate it among the members . It was agreed if the candiate is to continue in the process the privacy waiver" must be singed, but the investigation by Ms . Rundle's office will be done on the finalists only. It was suggested that Mr. Zand review the rest of the resumes and if he finds any good candidates, to circulate them to the other members of the Committee . It was decided that 1 1/2 hours per interview will be scheduled with a 15 minutes break in between. Motion made by Mr. Diaz and seconded by Ms . Rundle to have the candidate make a 10 minutes presentation on a specific topic : Describe your first 100 days in office, or give us your vision of Miami Beach. The motion was unanimously approved. If there are 5 or less candidates to be interviewed, the interviews will be done in one day. If there are more than 5 candidates, then the interviews will be done over two days . By the end of the week, D.M.G.Maximus will send the additinal information on Mr. Richard Lewis . One week before the interviews, D.M.G. Maximus will send a complete package, including investigation on the 7 candidates . If anything comes up during investigation that could disqualify a candidate, D.M.G. Maximus will notify the Committee by May 15 . A conference call will be scheduled during the week of May 15-19 and noticed. Mr. Parcher i v to schedule and notice it . Ms . Olin explained that a conference call is legal if it is noticed. By May 15, D .M.G.Maximus will give Ms . Rundle the names of the candidates to be investigated by her office . It was decided not to have a pre set number of candidates to be recommended to the Commission, only no less than 3 . It was suggested to invite the candidates for dinner the night of May 31 . The dinner will take place at a hotel with all of the members of the Committee present . Mr. Aller suggested the Cigar Room at the National Hotel, which holds 25 people . The candidates should be informed that a family member is also invited to the dinner. Mr. Frank Del Vecchio stated that the only obligation the Committee has with the candidates is an interview and that having this dinner will introduce complications . Commissioner Bower felt that it would be better to have a social event with the Committee and members of the key organizations in the community. This will give the candidates an opportunity to mingle, in an informal way, with everyone including the members of the Committee, the Mayor and the Commissioners . Motion made by Mr. Diaz to have a cocktail party and invite key members of the community, the Mayor and Commissioner. This will be an open social "Meet and Greet" . Motion seconded by Ms . Rundle; vote 7-0 . Mr. Aller will develop the guest list . The candidates will arrive on May 31, and will stay for two nights . The candidates will be asked if they wish to stay for the week-end, at their expense, in order for Mr. Aller to make the appropriate reservations . If the number of candidates are 5 or less, they will go together on the tour of the city, if more than 5 candidates then there will be two tours, and the interviews will be held during the two days . Mr. Saul Gross representing the Business Resolution Task Force was not available to make his presentation. Mr. Stierheim wanted clarification on the February 25 minutes, where he was shown absent on one of the votes . He thought that he had been marked absent for the meeting. It was explained to him that he was listed present, and only absent for that vote . Meeting adjourned at 3 : 50 p .m. City of Miami Beach - City Clerk's Office l June 7, 2000 / REGULAR AGENDA / R9 - New Business and Commission Requests 4:02 p R9H Commission Memorandum No. 481-00 Report from the City Manager's Selection Committee. City Clerk's Office) ACTION: Dr. Ron Berkman, Chairperson of the City Manager Blue Ribbon Selection Committee, gave an overview of the process used by this committee. Mr. Victor Diaz, a member of the selection committee gave additional comments. Del Vecchio stated that the process was good but the deliberation were flawed. Ms. Clautilda Luz spoke on the subject. Mr. Joe Fontana stated that as a citizen he would like to make a recommendation to appoint the interim City Manager Lawrence Levy. Mr. Stanley Shapiro expressed how proud he is ofthe City of Miami Beach and the Blue Ribbon Committee. Motion made by Commissioner Cruz to nominate Jorge Gonzalez as the new City Manager; seconded by Commissioner Bower; Voice vote: 6-1; opposed; Commissioner Garcia. Motion by Commissioner Garcia to make the selection of Jorge Gonzalez unanimous; seconded by Commissioner Bower; Voice vote: 7-0. Motion made by Commissioner Liebman to have Mayor Neisen Kasdin, Murray Dubbin, Dr. Birkman and DMG Maximus to negotiate a contract with Jorge Gonzalez; seconded by Commissioner Bower; Voice vote: 7-0. City Manager Lawrence Levy will let the staff know about the new City Manager's background. HANDOUT: 1. Frank Del Vecchio: Criteria for City Manager Selection 2. Speakers List Printed by City Clerk's Office Date Printed: 8/27/02 Time Printed: 7:42:39 AM Source Database: C:\Data\folio4.2\Clerkl42.nfo 45 , City of Miami Beach - City Clerk's Office July 26, 2000 / REGULAR AGENDA / R7 - Resolutions 10:34 a.m. R7Q A Resolution Approving an Employment Agreement Between the City of Miami Beach and Jorge M. Gonzalez as City Manager, and Authorizing the Mayor and City Clerk to Execute the Agreement. Page 1085) Requested by Mayor Neisen Kasdin) ACTION: Resolution No. 2000-24047 adopted. Motion made by Commissioner Bower; seconded by Commissioner Smith; Voice vote: 7-0. City Clerk's Note: Oath given to Jorge M. Gonzalez on July 26, effective August 21. Printed by City Clerk's Office Date Printed: 8/27/02 Time Printed: 7:57:38 AM Source Database: C:\Data\folio4.2\Clerkl43.nfo RESOLUTION NO. 2000-24047 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,APPROVING AN EMPLOYMENT AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND JORGE M. GONZALEZ AS CITY MANAGER,AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE AGREEMENT. WHEREAS,following a search and screening process for selection of a City Manager;and WHEREAS, a duly appointed selection committee recommended Jorge M. Gonzalez for consideration for said position; and WHEREAS,a committee was appointed to negotiate an Employment Agreement with Jorge M. Gonzalez and said committee has developed a Proposed Employment Agreement, a copy of which is attached; and WHEREAS, Jorge M. Gonzalez desires to accept the position pursuant to the terms and conditions set forth in the attached Proposed Employment Agreement. NOW, 'THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: Section One. The Mayor and City Commission approve the attached Proposed Employment Agreement between the City and Jorge M. Gonzalez and authorize the Mayor and City Clerk to execute the Agreement. Section Two. This Resolution shall take effect upon adoption. PASSED and ADOPTED this 26th day of July 2000. ATTEST: f6-4, n MAYOR CITY CLERK ( APPROVED AS TO FORM&LANGUAGE F:\atwUaila\gonzalez.mgr FOR EXECUTION 10AMxgnaSy — Deft 6 dd Miami Beach City Manager Selection Events 1. Miami Beach City Commission establishes the Blue Ribbon City Manager Selection Committee. 2. January 6, 2000 minutes of the first Blue Ribbon City Manager Selection Committee. 3. January 12, 2000 City Commission minutes and Resolution 2000-23465. 4. Copy of executive search firms contacted by the Mr. Ron Berkman, Chairperson. 5. February 2, 2000 minutes of the Blue Ribbon City Manager Selection Committee. A. Mayor and each Commissioner gave their criteria for the city manager position. 6. February 25, 2000 minutes of the Blue Ribbon City Manager Selection Committee. A. The three (3) past city managers gave their profile of the ideal city manager. 7. Copy of the Professional Services Agreement between the City of Miami Beach and DMG- Maximus, Inc. 8. City Manager Position announcement brochure produced by DMG-Maximus, Inc. 9. February 9, 2000 City Commission minutes and Resolution 2000-23798. 10. April 18, 2000 minutes of the Blue Ribbon City Manager Selection Committee. 11. June 7, 2000 City Commission minutes 12. July 26, 2000 City Commission minutes and Resolution 2000-24047. 13. City of Miami Beach City Manager Job Announcement 14. Copy of the Miami Beach City Charter Article IV. City Manager and Administrative Organization. F:\CLER\CLER\MANAGER\Miami Beach City Manager Selection Events.doc OPEC 2/06/95 CLOSE: 3/03/95. CITY OF MIAMI BEACHiANNOUNCEMENTOFUNCLASSIFIEDPOSITION13 CITY MANAGER 85,000 - $131,250 ANNUALLY Miami Beach is searching for a Manager for our full service, resort City with major community redevelopment and growth projects underway. City demographics include: 92,600 population, 1400 employees, $97,800,000 general fund budget, $54,300,000 enterprise fund budget, and four collective bargaining units. The non-partisan Mayor is elected for a two year term and six non-partisan commissioners are elected for four year(staggered) terms. Salary is negotiable depending on qualifications. The current Manager earns $131.250 annually plus benefit and pension package. QUALIFICATIONS Bachelor's degree from an accredited college or university. Two(2) years recent experience as a City Manager or as a CEO of a government or private organization. An equivalent combination of training and experience may be substituted. Demonstrated professional management, leadership, and communication skills, including fiscal, planning, human resources, labor relations, private/public joint ventures, tourism and municipal operations. Experience in dealing effectively with diverse cultures and in economic and community development. City ofMiami Beach residency is preferred. IOW TO APPLY One detailed and current resume with documentation of meeting the above qualifications, work history, and work related references must be received by 5:00 PM., Friday, March 3, 1995. Send to: Mayor's Office, Attn: CM-A, 1700 Convention Center Drive, Miami Beach, FL 33139. Resume is public record. NO FAXES will be accepted. The City Commission reserves the right to waive any qualification or requirement. Miami Beach is an equal opportunity employer. A)' -For those employed by the City prior to 10/01/92,per Ordinance No.92-2799 CLASS NO. - 1001 B)••-For those employed by the City on or after 10/01/92,per Ordinance No.92-2799 UC NO. - 9450 cND 1 DETAILED RESUMES BY CLOSE DATE TO: CITY OF MIAMI BEACH,CITY HALL Human Resources Department NO FAX ACCEPTED 1700 Convention Center Drive ATTENTION: Ohl-A Miami Beach,FL 33139 EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER. NO DISCRIMINATION ON BASIS OF HANDICAP. CHARTER 4.02 e) He/she shall recommend to the City Com- now existing or to be created by law or mission for adoption, such measures as ordinance, except for the Legal Depart- he/she may deem necessary or expedient. ment. f) He/she shall render opinions and/or re- d) To appoint and remove at will, all other ports on legal matters affecting the City officers or employees in the unclassified as the Commission may direct. service of the City, except the Mayor and g) He/she shall perform such other profes- City Commissioners, or those individuals sional duties as may be required of him/ appointed by the Commission,the employ= her by ordinance or resolution of the Com- ees in the Mayor's Office who are in the unclassified service for whom the MayormissionorbythisCharter. shall be the appointing authority, and the h) To appoint and remove all unclassified unclassified personnel in the Legal De- personnel in the Legal Department, in- partment who shall be appointed and cluding outside counsel representing the removed by the City Attorney. City. e) To attend all meetings of the City Com- mission, with the right to take part in the discussion, but having no vote. ARTICLE-IV. CITY TMAINAGER AND f) To recommend to the City Commission for AD5INISTRATIVE ORGANIZATION adoption, such measures as he/she may deem necessary or expedient. Sec. 4.01. City manager—Compensation and g) To keep the City Commission fully ad- qualifications. wised as to the financial condition and needs of the City. The City Manager's compensation shall be fixed h) To have general and special supervision by the City Commission by ordinance. The Man- and control, subject to the control by the ager shall be chosen upon the basis of his/her City Commission, of the several depart- qualifications. ments now existing, except for the Legal Department, or hereafter to be created, Sec. 4.02. City manager—Functions and and the City Manager shall be purchasing powers. agent of the City, with authority to dele- gate such duty. The City Manager shall be the chief executive i) To negotiate all contracts and agreements officer and head of the administrative branch of in which the City is a party subject to the the City government. Except as specifically pro- approval of the City Attorney and City vided otherwise in this Charter,the City Manager Commission. shall be responsible to the City Commission for j) The City Manager shall account to the the proper administration of all affairs of the City. City Commission for the conduct and acts The functions and powers of this office shall be: of the several departments now existing, a) To see that the laws and ordinances are or hereafter to be created, and he/she enforced. shall have supervision and control of the heads of the said departments, and such b) To appoint all directors of the several heads as appointed by the City Manager departments now existing, or to be cre- shall be accountable to the City Manager ated, with the consent of the City Com- for the conduct and acts of their depart- mission, and to remove the same at will, ments, except for the Legal Department. except for the Legal Department. k) To perform such other duties as may be c) To appoint and remove, at will, the divi- prescribed by the City Commission by sion heads of departments or divisions ordinance or resolution. C HT:9 i