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2000-23798 RESO 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 ANY COMMUNICATIONS BETWEEN THE MAYOR AND CITY COMMISSIONERS, AND/OR THEIR RESPECTIVE PROFESSIONAL STAFFS, AND (1) POTENTIAL CANDIDA TES FOR THE POSITION OF CITY MANAGER, (2) MEMBERS OF THE BLUE RIBBON CITY MANAGER SEARCH COMMITTEE, (3) LOBBYISTS, AND/OR (4) PRINCIPALS, EMPLOYEES, AND AGENTS OF THE SEARCH FIRM RET AINED 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) 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 A V AILABLE 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 AFOREST A TED POLICY 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. 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 Mayor and City Commission with regard to the hiring 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 WHEREAS, at its next meeting on February 2, 2000, the Committee had the benefit of input from the Mayor and City Commissioners with regard to the City 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 Mayor 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 any other discussions between the afore stated 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, and/or their respective professional staffs, may communicate directly, either orally or in writing, with the individual short-listed candidates; and WHEREAS, it is recommended that the Mayor and City Commissioners adopt the afore stated 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 City Manager, until such final selection is made. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI 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 individual(s) and/or entity(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 City 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 (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 2 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 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. 111 ATTEST: MAYOR ): "UL{{{:tt\ RIA \kw(F:\AIT( l\M il JR\R}:SOS\CIYMWI.SC, 1'1.2) APPROVED A,~, FOI?M & iANGt. & FOR EXECUT'(. 4!1li!!/a42-:Jr:.cJcJ Cfly Ai ,r.m,,,=,v . 3 MURRA Y H. DUB BIN City Attorney TO: FROM: SUBJECT: OFFICE OF THE CITY A TTOANEY ~~ tf~7ImM F L R A o o Telephone: Telecopy: (305) 673-7470 (305) 673-7002 COMMISSION MEMORANDUM NO. J 38.00 DATE: FEBRUARY 9, 2000 MAYOR NEISEN KASDIN MEMBERS OF THE CITY~~~r~SION MURRAY DUB BIN \~rW CITY ATTORNEY/~~\\Yj~ LAWRENCEA.LEVY ~ CITY MANAGER A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ADOPTING A POLICY AMONG THE MA YOR 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 COMMUNICA TIONS 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 THA T A COPY OF ALL SUCH WRITTEN COMMUNICATIONS SHALL BE FILED WITH THE CITY CLERK AND THE CITY CLERK SHALL MAKE COPIES A V AILABLE TO ANY PERSON Agenda Item R I K Date 2-9- 00 1700 Convention Center Drive -- Fourt!~oor -- Miami Deal UPON REQUEST; PROVIDED FURTHER THAT THE AFOREST A TED 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. Following the Blue Ribbon City Manager Search Committee's last meeting on February 2, 2000, Commissioner Luis Garcia requested that the City Attorney's Office prepare the attached resolution, adopting a policy among the Mayor and City Commissioners, similar to a resolution passed by the Blue Ribbon Committee, which would effectively prohibit communications between potential candidates for the position of City Manager, members of the Blue Ribbon Committee, lobbyists, or principals of the Search Firm to be retained by the City [or the selection process, and members of the City Commission and their respective professional staffs; with certain exceptions limited to permitted communications at duly noticed public meetings and written communications, for informational purposes, filed with the City Clerk and available to the public upon request. RfAlkw FIA TTOIAGURIRESOSIMEMOSICTYMGRSC.POL Attachment 2 OFFICE OF THE CITY ATTORNEY. 1700 CONVEN1394 CENTER DRIVE - MIAMI BEACH, FLORIDA 33139 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY 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. Project 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 "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. The Risk Manager of the City, with offices at 1700 Convention Center Drive, Third Floor, Miami Beach, Florida 33139. 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 of Consultant Services as provided in subsection 4.9 of this Agreement. 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 Risk Manager: Services: Termination: Task: 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 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 4.1 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 / PROIECT 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 the 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- 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 4.4 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. 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. 4.5 -5- 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 4.6 by the City. Any reuse by Consultant or the parties shall be approved in writing by the City. IN DEMN I FICA TION 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, 4.7 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 (1 %) 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 shall 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 com mencement. 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 satisfactori Iy 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 sustai ned by the City by vi rtue of any breach of the Agreement by the Consu Itant 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 in 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 obi igations 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 apprenticesh i p. 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 Band 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-to-day 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: 141w~ f UJ. City Clerk By: Mayor ~ FOR CONSULTANT: DMG-MAXIMUS,INC. ATTEST: B~~~ Secretary 4~ By: Corporate Seal APPROVED p.s TO FORM & LANGUAGE & fOR EXECUTION I ;\!I T T (Mr ,1..lWI.-.~11 MN I\P~()I wnl >M(;MXM~,(M ~'.'1~ 07/ Date -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 City's new City Manager. Anticipated completion dates are included. Step 1 - Develop Candid3te Profile - February 18, 2000 1n order to develop the profile of the ideal candidate for City Manager, we will meet with the Chair and Blue Ribbon Search Comminee 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 profale will guide all subsequent recruitment efforts. Step 2 - Develop Advertising Campaign and Brochure - 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 'ww'Pv.dmgmaximus.com/recrui[, Advenisement 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 re~itment. Step 3 - Began Placing Advertisement - February 18, 2000 Step 4 - Blue Ribbon Search Committee Meeting - Febn.lary 25, 2000 Committee will meet to review and approve brochure, advertising campaign, supplemental questionnaire, and to receive feedback from three former City Managers. Step 5 - Printing and Distribution of Brochure - March 10, 2000 Step 6 - Candidate Identification and Recruiting - thro 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: City of Miami Bea.ch, Florida - Page 1 EXHIBIT A ;. Developing a list of outstanding potential candidates through our network developed over several years; ~ Use of our knowledge of quality candidates from past recruitments; and :;. Marketing as per agreed marketing plan. Step 7 - Screen Resumes - March 31 - April 14, 2000 Resumes received on your behalf will be prompdy acknowledged and screened against the criteria identified by the Chair and Blue Ribbon Search Comminee 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 (0 complete the . supplemental questionnaire. Questions will focus on the candidates' specific experience as it relates to the search. Step 8 - Progress Report Meeting - Week of April1!, 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 size 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 proftle. 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. By doing so, we avoid the potential of conducting 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 15, 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 checks; 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. Step JO-Recruitment Report-May 15,2000 (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 Cil)" of Miami BC;Jch. f'1orid3. - Pagc 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, and 20, 2000 (Tcnt3.Iive) 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 inteIViews. 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) Step 14 - Special Assistance (Induded in Basic Services) Our efforts do not conclude ,vith 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 inteIViews and the associated logistics for the final candidates. y Advising on starting salary, fringe benefits, relocation trends and employment packages. ).> Acting as a liaison between the client and candidate in discussing offen; and counter offen;. 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 inteIView or selected. Step 15 - Complete Administrative Assistance Throughout the recruitment, Mr. Casey will provide the Chair and Blue Ribbon Search Committee Members with periodic starns reports. We will keep candidates advised of the starns 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. CilJ' o{/I1iami Beach, FJorid3' Page 3 Anticipated Timeline City Manager Recruitment City of Miami Beach, Florida , -<.. ~ '- ",.~ . . . .... .-.',:~. .'. "'. . 18,2000 18 2000 18,2000 June 1, 2000 (tentative) City 0/ Miami Sc.1ch, Florida -Page 4 PROFESSIONAL FEES, EXPENSES, TIMING AND GUARANTEE . Professional Fees & Expenses 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. . Timing 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 conducr 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. . Summary and GUal~antee 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 of City Manager. Our ability to carrying out (he work required is heavily dependent on our past experience in providing similar services to others, and we expect (0 continue such work in the future. \Ve 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 fmalist 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. \ ORDINANCE NO. 99-3164 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA ESTABLISHING A "CONE OF SILENCE" FOR CITY COMPETITIVE BIDDING PROCESSES, BY AMENDING CHAPTER 2 OF THE CODE OF THE CITY OF MIAMI BEACH ENTITLED "ADMINISTRATION," BY AMENDING ARTICLE VII THEREOF ENTITLED "STANDARDS OF CONDUCT," BY CREATING DIVISION 4 ENTITLED "PROCUREMENT," BY CREATING SECTION 2-486 ENTITLED "CONE OF SILENCE" BY PROVIDING FOR A DEFINITION, PROCEDURES, AND PENAL TIES; PROVIDING FOR REPEALER, SEVERABILITY, INCLUSION IN THE CITY CODE, AND AN EFFECTIVE DATE. WHEREAS, the Mayor and City Commission of the City of Miami Beach are desirous of adopting a "Cone of Silence" procedure to protect the professional integrity of the City's competitive bidding process by shielding the City's professional staff; and \VHEREAS, the policy proposed herein recognizes the importance of requiring persons or - businesses who are part of the City's competitive processes to disclose all communications with the City's professional staff; and \VHEREAS, communications between elected officials and the City's appointed staff during a competitive bidding process should be in writing so that it becomes a part of the public record; and WHEREAS, the proposed policy protects the rights of individuals to petition their government and their elected officials; and WHEREAS, the policy proposed herein enhances the spirit of Florida's Government in the' Sunshine Law. EXHIBIT B NOW, THEREFORE, BE IT ORDAINED BY THE MA YOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH: SECTION 1. Section 2-426, of Division 4 of Article VII of Chapter 2 of the Miami Beach City Code is hereby created to read as follows: Article VII. Standards of Conduct * * * Division 4. Procurement Sec. 2-486. Cone of Silence L Contracts for the provision of goods and services other than audit fifla Independent Pri"'atc Sector Inspector Ceneral (IPSIC) contracts. !ill "Cone of Silence" is hereby defined to mean a prohibition on: (a) any communication regarding a particular Request for Proposal ("RFP"). Request for Qualifications ("RFO"). Request for Letters of Interest ("RFLI"). or bid ben.veen a potential vendor. service provider. bidder. lobbyist. or consultant and the City's professional staff including. but not limited to. the City Manager and his or her staff: and (b) any communication regarding a particular RFP. RFQ. RFLI. or bid between the Mavor. City Commissioners. or their respective staffs. and any member of the Citv' s professional staff including. but not limited to. the City Manager and his or her staff. Notwithstanding the foregoing. the Cone of Silence shall not apply to competitive processes for the award of CDBG. HOME. SHIP and Surtax Funds administered bv the Miami Beach Office of Community Development. and communications with the City Attornev and his or her staff. i.hl Procedure ill A Cone of Silence shall be imposed upon each RFP. RFO. RFLL and bid after the advertisement of said RFP. RFQ. RFLI. or bid. At the time of imposition of the Cone of Silence. the City Manager or his or her designee shall provide for public notice of the Cone of Silence. The City Manager shall include in anv public solicitation for goods and services a statement disclosing the requirements of this ordinance. Liil The Cone of Silence shall terminate a) at the time the CitY' Manager makes his or her written recommendation as to selection of a . 2 particular RFP. RFO. RFLI. or bid to the Citv Commission: provided. however. that if the City Commission refers the tvlanager's recommendation back to the Citv Manager or staff for further review. the Cone of Silence shall be reimposed until such time as the Manager makes a subsequent written recommendation. or b) in the event of contracts for less than $10.000.00. when the Citv Manager executes the contract. W Exceptions. The provisions of this ordinance shall not applv to oral communications at pre-bid conferences. oral presentations before selcction evaluation committees. contract negotiations discussions during any dulv noticed public meeting. public presentations made to the Citv Commissioners during any dulv noticed public meeting. contract negotiations with Citv staff following the award of an RFP. RFO. RFLL or bid bv the Citv Commission. or communications in writing at any time with any Citv employee. official or member of the City Commission. unless specifically prohibited bv the applicable RFP. RFQ. RFLL or bid documents. The bidder or proposer shall file a COPy of anv written communications with the Citv Clerk. The Citv Clerk shall make copies available to any person upon request. '"'l Audit and IPSIC Contracts. W "Cone of Silence" is hereby defined to mean a prohibition on: ( a) any communications regarding a particular RFP. RFO. RFLI. or bid between a potential vendor. service provider. bidder. lobbvist. or consultant and the J'v-Iavor. Citv Commissioners or their respective staffs. and anv member of the Cit\!'s professional staffincIuding. but not limited to the Citv Manager and his or her staff and (b) an\! oral communication regarding a particular RFP. RFO. RFLI. or bid between the Mavor. City Commissioners or their respective staffs and any member of the City's professional staffincIuding. but not limited to. the City Manager and his or her staff. Notwithstanding the foregoing. the Cone of Silence shall not apply to communications with the City Attornev and his or her staff ill} Except as provided in subsections 2(c) and 2(d) hereof. a Cone of Silence shall be imposed upon each RFP. RFO. RFLI. or bid for audit and IPSIC services after the advertisement of said RFP. RFO. RFLI. or bid. At the time of the imposition of the Cone of Silence. the City Manager or his or her desiscnee shall provide for the public notice of the Cone of Silence. The Cone of Silence shall terminate whEn the CifY Mal'lfiger e.{CEUtc3 a particular audit Of IPSIC eol'l.tIJ.ct a) at the time the City Manager makes his or her written recommendation as to the selection of a particular RFP. RFO. RFLI. or bid to the City Commission: provided. however. that if the City Commission refers the Manager's recommendation back to the Citv Manager or staff for . .... .:J further review, the Cone of Silence shall be reimposed until such time as the Manager makes a subsequent written recommendation. or b) or in the event of contracts for less than $10.000.00. when the City Manager executes the contract. W Nothing contained herein shall prohibit any hidder or proposer: (i) from making public presentations at duly noticed pre-bid conferences or before dul\! noticed :!clce:tion evaluation committee meetings: (ii) from engaging in contract negotiation:! discussions during any dulv noticed public meeting: (iii) from engaging in contract negotiations with City staff following the award of an RFP. RFQ. RFLL or bid for audit by the City Commission:or (iv) from communicating in writing with any City employee or official for purposes of seeking clarification or additional information from the City or responding to the City's request for clarification or additional information. subiect to the provisions of the applicable RFP. RFO. RFLL or bid documents. The bidder or proposer shall file a COPy of any written communication with the City Clerk. The City Clerk shall make copies available to the general public upon request. @ Nothing contained herein shall prohibit any lobbvist. bidder. prODoser. or other person or entity from Dubliclv addressing the City Commissioners during any duly noticed public meeting regarding action on any audit 6f fP&f6 contract. The City Manager shall include in any public solicitation for auditing or IPSIC services a statement disclosing the requirements of this ordinance. 3. Violations/Penalties and Procedures. In addition to t.fie: J'e:naltie:g pl"O\'idcd in Section 2 -457. An alleged violation of this Section ~ bv a particular bidder or proposer shall subiect said bidder or proposer to the same procedures set forth in Sections 2-457(1) and (3), shall render any RFP award. RFO award. RFLI award. ~r bid award to said bidder or proposer voidftbte. and said bidder or proposer shall not be considered for any RFP. RFO. RFLI or bid for a contract for the provision of goods or services for a period of one Year. Anv person who violates a provision of this ordinance shall be prohibited from serving on a City eompctiti fC gc1cction evaluation committee. In addition to any other penaltv provided bv law. violation of any provision of this ordinance by a City employee shall subiect said employee to disciplinarY action up to and including dismissal. Additionallv, any person who has personal knowledge of a yiolation of this ordinance shall report such violation to the State Attome\! and/or may file a complaint with the Miami-Dade County Ethics Commission. :+ SECTION 2. REPEALER. That all Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. SECTION 3. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 4. CODIFICA TION. It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section", "article," or other appropriate word. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect on the 16th day of January ,1999. PASSED and ADOPTED this 6th day of January , 1999. ~k~J PaL~ 1/f MAYOR ATTEST: CITY CLERK APPROVED AS TO FORM & lANGUAGE & FOR EXECUTION ~ .\nO,llOIl:-. ()r:t1)I~,\:SC\:tI'E.~Il.\I'-rl) 1st reading 12/16/98 2nd reading 1/6/99 5 #;~ Ci+y AHol'T\9y Yr~9~ nT~ .~. RESOLUTION NO. 2000-23798 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ADOPTING A POLICY Al\;IONG 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 THE MAYOR AND CITY COMMISSIONERS, AND/OR THEIR RESPECTIVE PROFESSIONAL STAFFS, AND (1) POTENTIAL CANDIDATES FOR THE POSITION OF CITY 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 IN THIS RESOLUTION SHALL NOT APPL Y TO (1) ORAL COMMUNICATIONS, ORAL PRESENTATIONS, OR ANY OTHER DISCUSSIONS DURING ANY DULY NOTICED PUBLIC MEETING; OR (2) COMMUNICATIONS IN WRITING, FOR INFORMATIONAL PURPOSES ONL Y, 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 A V AILABLE TO ANY PERSON UPON REQUEST; OR (3) ONCE THE BLUE RIBBON COMMITTEE HAS PRESENTED A SHORTLIST OF CANDIDATES TO THE MA YOR AND CITY COMMISSION, THE MAYOR AND CITY COMMISSIONERS, AND/OR THEIR RESPECTIVE PROFESSIONAL STAFFS, MAY COMMUNICATE DIRECTLY, WHETHER ORt\LLY OR IN WRITING, \VITH 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 MANAGER SEARCH COMMITTEE, AS \VELL 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 Mayor and City Commission with regard to the hiring 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 ~. \VHEREAS. at its next meeting on February 2. 2000, the Committee had the bendit of input from the Mayor and City Commissioners with regard to the City Manager selection process, and with regard to the qualities and attributes that an ideal candidate I~)r City Manager should possess: and \VHEREAS, at that meeting, Commissioner Luis Garcia stated that he \vould recommend to the Mayor and City Commission, at its next regular meeting, that the Mayor 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 \VHEREAS, this prohibition would not include any oral communications, oral presentations, and any 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 \vere tiled with the Office of the City Clerk. and were available to members of the public upon request: and \VHEREAS. 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, and/or their respective professional staffs, may communicate directly, either orally or in writing, 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 City Manager. until such tinal selection is made. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI 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 individual(s) and/or entity(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 (I) potential candidates for the position of City 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 (I) 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 \VTitten communications shall be filed \vith 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 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: I , /, i 1/' I! I j j tI I.. 1.01..1..,. CITY CLERK 111 MAYOR , I / ~,ll' I-U \ v d \ j{JA \j.;\\ (F:\Arn )\A(illR'/{L"'o."'\lTY~1(iKSC ,I'I.~) .II. OFPO\/-Fu'-' i: ( rv- f\ ib. , \"_0_ FORJ~ & LA,NO:." ~t FOR EXEel)"'.";.' /// './ 1 // /Ii;: l-lt!l~&,/l(~ ) - )6 I"'Cny A:r:.:-,rr:.~)v C/o " j