HomeMy Public PortalAbout19-9645 City of Weston Professional Service Agreement Sponsored by: Mayor Pigatt, Vice Mayor Davis and Commissioner Burke
RESOLUTION NO. 19-9645
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
OPA-LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO
PIGGYBACK ON THE CITY OF WESTON'S PROFESSIONAL
SERVICES AGREEMENT WITH COLIN BAENZIGER &
ASSOCIATES, TO CONDUCT AN EXECUTIVE RECRUITMENT
FOR A PERMANENT CITY MANAGER, IN AN AMOUNT NOT TO
EXCEED $26,500.00, IN A FORM THAT IS ACCEPTABLE TO THE
CITY ATTORNEY; PROVIDING FOR INCORPORATION OF
RECITALS; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Opa-locka ("City") is seeking to hire a permanent City
Manager; and
WHEREAS, the City of Weston procured the services of Colin Baenziger & Associates
to provide executive recruitment services for its City Manager in February of 2019; and
WHEREAS, the City Commission finds that it is in the best interest of the City to
piggyback on the City of Weston's professional services agreement with Colin Baenziger &
Associates to provide executive recruitment services for a permanent City Manager.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF OPA-LOCKA, FLORIDA:
Section 1. RECITALS ADOPTED
The recitals to the preamble herein are incorporated by reference.
Section 2. AUTHORIZATION
The City Commission of the City of Opa-locka hereby authorizes the City Manager to
piggyback on the City of Weston's professional services agreement with Colin
Baenziger & Associates to provide executive recruitment services for a permanent
City Manager, in an amount not to exceed $26,500.00, and in a form that is
acceptable to the City Attorney.
Resolution No. 19-9645
SECTION 3. SCRIVENER'S ERRORS
Sections of this Resolution may be renumbered or re-lettered and corrections of
typographical errors which do not affect the intent may be authorized by the City
Manager, or the City Manager's designee, without need of public hearing, by filing a
corrected copy of same with the City Clerk.
Section 4. EFFECTIVE DATE
This Resolution shall take effect immediately upon adoption and is subject to the
approval of the Governor or his designee.
PASSED AND ADOPTED this 24th day of April, 2019.
/1/14e
Matthew A. Pigatt
Mayor
Attest to: Approved as to form and legal sufficiency:
,I atik,`■• e°112.000°.."...%
Jo. a Flores THE BROWN LAW GROUP, LLC
Cit' Clerk City Attorney
Moved by: COMMISSIONER BURKE
Seconded by: VICE MAYOR DAVIS
Commissioner Vote: 3-2
Commissioner Burke: YES
Commissioner Kelley: NO
Commissioner Bass: NO
Vice-Mayor Davis: YES
Mayor Pigatt: YES
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City of Opa-Locka
Agenda Cover Memo
Finance FD Signature:
Director: Department
-
City Newall J. Daughtrey CM Signature: r `-',
Manager: / ►I, / Z
Commission 04.24.19 Item Type: Resolution Ordinanc‘ Other
Meeting X
Date: (EnterXin box)
Fiscal Ordinance Reading: 1s,Reading 2nd Reading
Impact: Yes No (EnterXin box)
x Public Hearing: Yes No Yes No
$26,500.00+ (EnterXin box)
X X
Funding (Enter Fund& Advertising Requirement: Yes No
Source: Dept) (EnterXin box)
X
Ex:
Account#: City Manager
General Fund
81-581920 Reserves
Contract/P.O. Yes No RFP/RFQ/Bi#:
Required:
(EnterXin box)
Strategic Yes No Strategic Plan Priority Area: Strategic Plan Obj./Strategy:
Plan Related Enhance Organizational - (list the specific objective/strategy this
(EnterXin box) X Bus.&Economic Dev 0 item will address)
Public Safety El
Quality of Education 0
Qual.of Life&City Image El
Communcation El _
Sponsor Mayor Pigatt,Vice Department: City Commission
Name Mayor David,and
Commissioner
Burke
Short Title:
Approval to piggyback on the City of Weston's Professional Services Agreement with Colin Baenziger &
Associates,to conduct an executive recruitment for a permanent City Manager.
Staff Summary:
The cost for the services can be debited from the City Manager General Fund Reserve or be included in the 2nd
budget amendment after the City receive funds from the State of Florida that is scheduled to be released as a
result of submitting the 2016 Financial Audit.The contract fee if$26,500 in addition to the cost of travel,meals,
hotels, etc. for the finalist and consultant throughout the efforts.
Proposed Action:
The Mayor and City Commission are proposing that the City piggyback on the City of Weston's Professional
Services Agreement with Colin Baenziger&Associates,to conduct an executive recruitment for a permanent
City Manager.
Attachment:
April 12, 2019 Proposal Letter for City Manager search.
COLIN BAENZIGERO ASSOCIATES
EXECUTIVE RECRUITING
April 12, 2019
The Honorable Mayor Matthew Pigatt, Vice Mayor Chris Davis and Commissioners Sherelean
Bass, Alvin Burke and Joseph Kelley
City of Opa-locka
780 Fisherman Street • Fourth Floor
Opa-locka, FL 33054
RE: Proposal Letter for City Manager Search
Dear Mayor Pigatt, Vice Mayor Davis and Commissioners Bass, Burke, and Kelley:
I would first like to thank you for the opportunity to be considered as the executive recruiter who
will assist Opa-locka, FL, in finding your next City Manager. My understanding it the City
would like to follow the same approach Weston utilized. As such, the first step is for me to meet
with you and the other members of the Commission so you can assure yourselves that my firm is
the one you want to hire and I can assure myself that I am comfortable I can bring great
candidates to you. I would propose to do those meetings on April 22nd. You will then be able to
discuss my firm's potential employment at your April 24th meeting. Recognizing that the City
wishes to move quickly to find its next City Manager, I propose to collect the information we
need to prepare the brochure to recruit candidates as part of the meetings on the 22nd
The following is the process, staffing and pricing we propose for the project. Again, it is exactly
the same approach as we used and are using for the City of Weston.
Section A: Work Plan
The following outlines the process Colin Baenziger& Associates will undertake:
Phase I: Needs Assessment/Information Gathering
➢ Discuss with the members of the City Commission to:
➢ Develop a description of the ideal candidate,
➢ Learn the issues the next City Manager will face,
➢ Gather materials for our information and to send to potential candidates,
➢ Understand what compensation package the City is prepared to offer, and
➢ Finalize a project schedule. Our searches are always completed within 90 days of a
notice to proceed, barring circumstances beyond our control.
➢ Develop materials we can utilize to recruit candidates.
DAYTONA BEACH SHORES,FL REDMOND,WA
Proposal Letter, Opa-locka, FL, April 12, 2019 Page 2
Phase II: Candidate Recruitment
➢ Actively search for, identify, and recruit outstanding candidates who we feel are best
suited for the position.
➢ Distribute the recruiting materials to appropriate publications and websites, including our
own.
➢ Consult our database of strong candidates, contact them and encourage them to apply.
➢ E-mail the advertisement to our database of local government professionals.
Phase III: Candidate Review and Selection of Finalists
➢ Resumes will be screened and we will narrow the list to the eight to twelve most qualified
semi-finalists.
➢ We will conduct thorough reference and background investigations on the selected semi-
finalists. It should be noted that, when we conduct our investigations, we do not simply
accept the references the candidates suggest. We tell the candidates whom we want to
speak with. These include current and former elected officials, former supervisors,
subordinate employees and others who know the candidate's work. Our goal is to get
comments from six to ten references for each candidate. We also conduct criminal, civil,
driver license, media, and credit checks, and we verify employment history and
education. We believe these should be done early in the process to avoid embarrassment
after a selection has been made.
➢ We will recommend six to ten candidates to the City to interview. Along with our
recommendation, we will provide the results of our background work electronically.
Phase IV: Interviews and Selection
➢ We will coordinate the interview process and attend the actual interviews.
➢ Once the interviews are completed, we will provide any additional information the City
may wish.
➢ We will be present and coordinate the selection of Opa-locka's next City Manager.
Phase V. Contract Negotiation
➢ If requested, we will provide assistance in the negotiation of the employment agreement
with the selected candidate.
See Attachment A for a schedule outlining completion dates for the above cited work.
DAYTONA BEACH SHORES,FL REDMOND,WA
Proposal Letter, Opa-locka, FL, April 12, 2019 Page 3
Section B: Warranty
Colin Baenziger & Associates offers one of the best warranties in the industry. We can offer it
because we have confidence in our work. Provided we conduct the full search and assuming the
City selects from among the candidates we recommend, we warrant the following:
1) We will not approach the selected candidate concerning any other position as long as
the individual is employed by the City.
2) If the selected individual leaves for any reason other than an act of God (for example,
total incapacitation or death) within the first year, CB&A will repeat the search for the
reimbursement of our expenses only.
3) If you are not satisfied with any of the candidates we present, CB&A will repeat the
search until you are satisfied.
4) Our price is guaranteed and will not be exceeded for any reason, even if conditions
change after the contract is executed.
Section C: Principal Staff to Be Assigned to the Recruiting Effort
➢ Colin Baenziger, Principal and Owner will serve as the Project Manager for the
recruitment effort, and
➢ Rick Conner, Vice President of CB&A, will serve as Deputy Project Manager. Mr.
Conner will assist in virtually every aspect of the search effort but will focus on the
search for outstanding candidate
➢ Lynelle Klein, Vice President for Operations, will be primarily responsible for the actual
recruitment, primarily through networking, and will oversee the background
investigations. She will also serve as additional back-up to the other Mr. Baenziger.
Section D: Fee
Firm, fixed price of$26,500, which includes all reasonable expenses, except the costs associated
with bringing the finalists to interview with the city (travel, meals, hotel etc.), and all consultant
travel, meals, and lodging throughout the effort (including paying for the April 22nd trip). Bills
(including travel costs) will be rendered as the search progresses and due at the end of each
Phase as indicated below:
Phase Cost
I. Needs Analysis/Information Gathering $ 3,000
II. Recruiting 11,000
III. Candidate Screening 10,000
IV: Coordination of Interviews and Manager Selection 1,500
V: Contract Negotiation& Warranty 1,000
DAYTONA BEACH SHORES,FL REDMOND,WA
Proposal Letter, Opa-locka, FL, April 12,2019 Page 4
Assuming this proposal and approach is acceptable to you, please confirm that April 22nd is an
acceptable date for the Commission and Ito meet. I do hope we can work together on this effort.
Sincerely,
Colin Baenziger
Principal
DAYTONA BEACH SHORES,FL REDMOND,WA
Suggested Project Schedule - Opa-Locka City Manager
4/13/2019
Phase I:Needs Assessment/Information Gathering
April 22, 2019 CB&A begins discussing the position with the City Officials and other
suggested stake holders to understand the job and its challenges.
April 24, 2019 Commission discussing contractin with CB&A.
April 27, 2019 Assuming the Commission has selected CB&A to perform its City
Manager search, CB&A submits the draft of the full recruitment profile to
the City for its review.
May 3, 2019 City Commissioners forward their comments to CB&A.
Phase II: Recruiting
May 10, 2019 CB&A posts the full recruitment profile on its website and submits it to the
appropriate publications. It is also e-mailed to over 13,800 local
government professionals.
May 31, 2019 Closing date for submission of applications.
June 5, 2019 CB&A reports on the results of the recruitment via memorandum.
Phase III:Screening, Reference Checks and Credential Verification
July 2, 2019 CB&A forwards its candidate report and materials to the City. These will
include the candidates' resumes, the candidate introduction, and the results
of our reference, background and Internet/newspaper archives checks.
July 9, 2019 City selects finalists to interview.
Phase IV: Interview Process Coordination and City Manager Selection
July 18, 2019 Reception for City Manager finalists
July 19, 2019 One-on-one interviews with finalists and selection of City Manager.
Phase V. Negotiation, Warranty & Continuing Assistance
CB&A works with City representatives and the selected candidate on an
employment agreement.
AGREEMENT
BETWEEN THE
CITY OF WESTON, FLORIDA
AND
COLIN BAENZIGER&ASSOCIATES
FOR
CONSULTING SERVICES FOR A CITY MANAGER SEARCH
This Agreement is made and entered into this (-7 day ofIct'"4- ' , 2019,
between the City of Weston, a Florida municipal corporation, (the "CITY"), and Colin Baenziger &
Associates("CONSULTANT")for Consulting Services for a City Manager Search ("Agreement").
WITNESSETH:
WHEREAS, the CITY and CONSULTANT are desirous of entering into an Agreement for
Consulting Services for a City Manager Search;and
WHEREAS, the CITY and the CONSULTANT agree upon the terms and conditions
hereinafter set forth; and
WHEREAS,the following Exhibits are made a part hereof and attached hereto:
Exhibit A— Project Schedule, and
Exhibit B — Per Diem and Travel Policy.
IN CONSIDERATION OF THE MUTUAL COVENANTS AND CONDITIONS HEREIN EXPRESSED
AND THE FAITHFUL PERFORMANCE OF ALL SUCH COVENANTS AND CONDITIONS, THE
PARTIES AGREE AS FOLLOWS:
#71557 v4 Page 1 of 24
SECTION 1. SCOPE OF SERVICES
The CITY hereby engages CONSULTANT to provide, and CONSULTANT hereby agrees to conduct
a city manager search:
1.1. Work Plan.
The following outlines the process CONSULTANT will undertake:
Phase I: Needs Assessment/Information Gathering
• Discuss with key officials to:
- Develop a description of the ideal candidate,
- Learn the issues the next City Manager will face,
- Gather materials for CONSULTANT'S information and to send to potential candidates,
- Understand what compensation package the CITY is prepared to offer, and
- Finalize a project schedule. CONSULTANT'S searches are always completed within 90
days of a notice to proceed, barring circumstances beyond CONSULTANT'S control.
• Develop materials CONSULTANT can utilize to recruit candidates.
Phase Ii: Candidate Recruitment
• Actively search for, identify, and recruit outstanding candidates who CONSULTANT feels
are best suited for the position.
• Distribute the recruiting materials to appropriate publications and websites, including
CONSULTANT'S own.
• Consult CONSULTANT'S database of strong candidates, contact them and encourage them
to apply.
• E-mail the advertisement to CONSULTANT'S database of local government professionals.
Phase III: Candidate Review and Selection of Finalists
• Resumes will be screened, and CONSULTANT will narrow the list to the eight to twelve
most qualified semi-finalists.
• CONSULTANT will conduct thorough reference and background investigations on the
selected semi-finalists. It should be noted that, when CONSULTANT conducts
investigations, CONSULTANT does not simply accept the references the candidates
#71557 v4 Page 2 of 24
suggest. CONSULTANT tells the candidates whom CONSULTANT wants to speak with.
These include current and former elected officials, former supervisors, subordinate
employees and others who know the candidate's work. CONSULTANT'S goal is to get
comments from six to ten references for each candidate. CONSULTANT also conducts
criminal, civil, driver license, media, and credit checks, and CONSULTANT verifies
employment history and education. CONSULTANT believes these should be done early in
the process to avoid embarrassment after a selection has been made.
• CONSULTANT will recommend six to ten candidates to the CITY to interview. Along with
CONSULTANT'S recommendation, CONSULTANT will provide the results of
CONSULTANT'S background work electronically.
Phase IV: Interviews and Selection
• CONSULTANT will coordinate the interview process and attend the actual interviews.
• Once the interviews are completed, CONSULTANT will provide any additional information
the CITY may wish.
• CONSULTANT will be present and coordinate the selection of Weston's next City Manager.
Phase V: Contract Negotiation
• If requested, CONSULTANT will provide assistance in the negotiation of the employment
agreement with the selected candidate.
The Project Schedule outlining completion dates for the above-cited work is attached as Exhibit
"An
1.2. Warranty.
Provided CONSULTANT conducts the full search and assuming the CITY selects from among the
candidates CONSULTANT recommends, CONSULTANT warrants the following:
1) CONSULTANT will not approach the selected candidate concerning any other position
as long as the individual is employed by the CITY.
2) If the selected individual leaves for any reason other than an act of God (for example,
total incapacitation or death) within the first year, CONSULTANT will repeat the search
for the reimbursement of CONSULTANT'S expenses only.
3) If CITY is not satisfied with any of the candidates CONSULTANT presents,
CONSULTANT will repeat the search until CITY is satisfied.
#71557 v4 Page 3 of 24
4) CONSULTANT'S price is guaranteed and will not be exceeded for any reason, even if
conditions change after the contract is executed.
1.3. Principal Staff to Be Assigned to the Recruiting Effort.
• Colin Baenziger, Principal and Owner will serve as the Project Manager for the recruitment
effort; and
■ Rick Conner, Vice President of CONSULTANT, will serve as Deputy Project Manager. Mr.
Conner will assist in virtually every aspect of the search effort but will focus on the search
for outstanding candidate;and
• Lynelle Klein, Vice President for Operations, will be primarily responsible for the actual
recruitment, primarily through networking, and will oversee the background investigations.
She will also serve as additional back-up to Mr. Baenziger.
1.4. Fee.
Firm, fixed price of$26,500, which includes all expenses, except the costs associated with bringing
the finalists to interview with the CITY (travel, meals, hotel, etc.), and those associated with all
CONSULTANT travel, meals, and lodging, are per the CITY's Per Diem and Travel Policy, adopted
by Resolution No. 2017-30, attached as Exhibit "B". Bills (including travel costs) will be rendered
as the search progresses and due at the end of each phase as indicated below:
Phase Cost
I. Needs Analysis/Information Gathering $ 3,000
II. Recruiting $11,000
Ill. Candidate Screening $10,000
IV. Coordination of Interviews and Manager Selection $ 1,500
V. Contract Negotiation &Warranty $ 1,000
SECTION 2. COMPENSATION
2.1. The amount of compensation payable by the CITY to CONSULTANT shall be for a
sum of$26,500.00, upon completion of the phases of services, to the satisfaction of
the CITY, which amount shall be accepted by CONSULTANT as full compensation
for all such work performed under this Agreement. Payment shall be made in
accordance with Section 1.4, Fee.
#71 557 v4 Page 4 of 24
2.2. The CITY shall compensate CONSULTANT for its reimbursables, in accordance
with Section 1.4, Fee, at completion of each phase.
2.3. It is acknowledged and agreed by CONSULTANT that these amounts are the
maximum payable and constitute a limitation upon CITY'S obligation to compensate
CONSULTANT for its services related to this Agreement. This maximum amount,
however, does not constitute a limitation of any sort, upon CONSULTANT'S
obligation to perform all items of work required by or which can be reasonably
inferred from this Agreement.
2.4. CONSULTANT may submit an invoice for compensation, developed and agreed
upon by the City Manager and CONSULTANT, no more often than on a monthly
basis, but only after the phase of services for which the invoices are submitted have
been completed. Invoices shall designate the nature of the services performed and
shall also show a summary of fees with accrual of the total and credits for portions
paid previously.
2.5. CITY shall pay CONSULTANT in accordance with the Local Government Prompt
Payment Act as stipulated in Part VII of Chapter 218, Florida Statutes, by check,
electronic funds transfer (EFT), e-pay, or p-card, or other method as determined by
the CITY in its sole discretion.
2.6. CONSULTANT agrees to keep such records and accounts as may be necessary, for
such time period as required by Florida Statutes. Such books and records shall be
available at all reasonable times for examination and audit by CITY.
SECTION 3. TERM
The Term of this Agreement shall become effective upon the execution of this Agreement and shall
remain in force and effect until all services under the terms of this Agreement are complete, to the
satisfaction of the CITY, unless terminated sooner as provided herein.
SECTION 4. TERMINATION
4.1. This Agreement may be terminated by the City Manager upon 24 hours notice as
the City Manager deems appropriate, with or without cause.
#71557 v4 Page 5 of 24
4.2. This Agreement may be terminated for cause by the CONSULTANT if the CITY is in
breach and has not corrected the breach within sixty (60) days after written notice
from the CONSULTANT identifying the breach.
4.3. Notice of termination shall be provided in accordance with the "NOTICES" section
of this Agreement except that notice of immediate termination by City Manager,
which City Manager deems necessary to protect the public health, safety or welfare
may be by verbal notice which shall be promptly confirmed in writing in
accordance with the "NOTICES" section of this Agreement.
4.4. In the event this Agreement is terminated for convenience by CITY, CONSULTANT
shall be entitled to receive compensation for any phases or portions thereof of
services completed pursuant to this Agreement, to the satisfaction of the CITY, up
through the date of termination; however, upon being notified of CITY'S election to
terminate, CONSULTANT shall refrain from performing further services or incurring
additional expenses under the terms of this Agreement. CONSULTANT
acknowledges and agrees that Ten Dollars ($10.00) of the compensation to be paid
by CITY, the adequacy of which is hereby acknowledged by CONSULTANT, is
given as specific consideration to CONSULTANT for CITY's right to terminate this
Agreement for convenience. Under no circumstances shall CITY make payment for
services that have not been performed.
SECTION 5. INDEMNIFICATION
CONSULTANT shall indemnify, hold harmless and, at CITY's option, pay for an attorney selected
by CITY, to defend CITY and any of its officers, agents, servants and employees from and against
any and all liability, suits, actions, damages, costs, losses and expenses, including attorneys' fees,
demands and claims for personal injury, bodily injury, sickness, diseases or death or damage or
destruction of tangible property, arising out of any errors, omissions, misconduct or negligent acts,
errors or omissions of CONSULTANT, its officials, agents, employees or subcontractors in the
performance of the services of CONSULTANT under this Agreement, whether direct or indirect and
from and against any orders, judgments, or decrees which may be entered thereon and from and
against all costs, damages of every kind and nature, attorneys' fees, expenses and liabilities incurred
in and about the defense of any such claim and investigation thereof.
A. CONSULTANT shall indemnify, hold harmless and, at CITY's option, pay for an
attorney selected by CITY, to defend CITY and any of its officers, agents, servants
and employees from and against any and all liability, suits, actions, damages, costs,
#71557 v4 Page 6 of 24
losses and expenses, including attorneys' fees, demands and claims sought by third
parties related to any alleged breach of any non-competition of similar provisions.
B. CONSULTANT shall indemnify CITY and any of its officers, agents, servants and
employees, for all loss, damage, expense or liability including, without limitation,
court costs and attorneys' fees that may result by reason of any infringement or
claim of infringement by CONSULTANT of any patent, trademark, copyright, trade
secret or other proprietary right relating to services furnished pursuant to this
Agreement. CONSULTANT shall defend and/or settle at its own expense any action
brought against CITY, any of its officers, agents, servants and employees, to the
extent that it is based on a claim that products or services furnished to CITY by
CONSULTANT pursuant to this Agreement, or if any portion of the services or
goods related to the performance of the service become unusable as a result of any
such infringement or claim.
C. CONSULTANT acknowledges that specific consideration has been paid or shall be
paid under this Agreement for this hold harmless and indemnification provision,
and further agrees with the foregoing provisions of indemnity and with the collateral
obligation of insuring said indemnity.
D. The provisions of this section shall survive the expiration or earlier termination of
this Agreement. To the extent considered necessary by City Manager and City
Attorney, any sums due to CONSULTANT under this Agreement may be retained by
CITY until all of CITY's claims for indemnification pursuant to this Agreement have
been settled or otherwise resolved; and any amount withheld shall not be subject to
payment of interest by CITY.
SECTION 6. COPYRIGHTS AND LICENSES; OWNERSHIP OF DOCUMENTS
Unless otherwise provided by law, any and all reports, photographs, surveys, and other data and
documents provided or created in connection with this Agreement are and shall remain the
property of CITY. In the event of termination of this Agreement, any reports, photographs, surveys
and other data and documents prepared by CONSULTANT, whether finished or unfinished, shall
become the property of CITY and shall be delivered by CONSULTANT to the City Manager within
seven (7) days of termination of this Agreement by either party. Any compensation due to
CONSULTANT shall be withheld until all documents are received as provided herein. All
subcontracts for preparation of reports, photographs, surveys and other data and documents entered
into by CONSULTANT shall provide that all documents and rights obtained by virtue of such
contracts shall become the property of the CITY.
#71557 v4 Page 7 of 24
SECTION 7. MISCELLANEOUS
7.1. Policy of Non-Discrimination. CONSULTANT shall not discriminate against any
person in its operations, activities or delivery of services under this Agreement.
CONSULTANT shall affirmatively comply with all applicable provisions of federal,
state and local equal employment laws and shall not engage in or commit any
discriminatory practice against any person based on race, age, religion, color,
gender, sexual orientation, national origin, marital status, physical or mental
disability, political affiliation or any other factor which cannot be lawfully used as a
basis for service delivery.
7.2. Public Entity Crime Act. CONSULTANT represents that the execution of this
agreement will not violate the Public Entity Crime Act (Section 287.133, Florida
Statutes), which essentially provides that a person or affiliate who is a
CONSULTANT, consultant or other provider and who has been placed on the
convicted vendor list following a conviction for a Public Entity Crime may not
submit a bid on a contract to provide any goods or services to CITY, may not submit
a bid on a contract with CITY for the construction or repair of a public building or
public work, may not submit bids on leases of real property to CITY, may not be
awarded or perform work as a CONSULTANT, supplier, subcontractor, or
consultant under a contract with CITY, and may not transact any business with CITY
in excess of the threshold amount provided in Section 287.017, Florida Statutes, for
category two purchases for a period of thirty six (36) months from the date of being
placed on the convicted vendor list. Violation of this section shall result in
termination of this Agreement and recovery of all monies paid hereto, and may
result in debarment from CITY'S competitive procurement activities. In addition to
the foregoing, CONSULTANT further represents that there has been no
determination, based on an audit, that it committed an act defined by Section
287.133, Florida Statutes, as a "public entity crime" and that it has not been
formally charged with committing an act defined as a "public entity crime"
regardless of the amount of money involved or whether CONSULTANT has been
placed on the convicted vendor list.
7.3. Independent Contractor. CONSULTANT is an independent contractor under this
Agreement. Services provided by CONSULTANT pursuant to this Agreement shall
be subject to the supervision of CONSULTANT. In providing such services, neither
CONSULTANT nor its agents shall act as officers, employees or agents of the CITY.
Personnel policies, tax responsibilities, social security and health insurance,
employee benefits, purchasing policies and other similar administrative procedures
applicable to services rendered under this Agreement shall be those of
CONSULTANT. This Agreement shall not constitute or make the parties a
partnership or joint venture.
#71557 v4 Page 8 of 24
7.4. Third Party Beneficiaries. Neither CONSULTANT nor CITY intends to directly or
substantially benefit a third party by this Agreement. Therefore, the parties agree
that there are no third-party beneficiaries to this Agreement and that no third party
shall be entitled to assert a claim against either of them. Based upon this Agreement
the parties expressly acknowledge that it is not their intent to create any rights or
obligations in any third person or entity under this Agreement.
7.5. Notices. Whenever either party desires to give notice to the other, such notice must
be in writing, sent by certified United States Mail postage prepaid return receipt
requested or by hand delivery with a request for a written receipt of
acknowledgment of delivery, addressed to the party for whom it is intended at the
place last specified. The place for giving notice shall remain the same as set forth
herein until changed in writing in the manner provided in this section. For the
present, the parties designate the following:
CITY: John R. Flint, City Manager
City of Weston
17200 Royal Palm Boulevard
Weston, Florida 33326
With a copy to:
Jamie Alan Cole, Esq.
City Attorney
Weiss Serota Helfman Pastoriza
Cole & Bierman, P.L.
200 East Broward Boulevard, Suite 1900
Fort Lauderdale, Florida 33301
CONSULTANT: Colin Baenziger, Principal
Colin Baenziger& Associates
2055 South Atlantic Avenue, Suite 504
Daytona Beach Shores, Florida 32118
#71557 v4 Page 9 of 24
7.6. Assignment and Performance. Neither this Agreement nor any interest herein shall
be assigned, transferred, or encumbered by CONSULTANT, except with the prior
approval of the City Manager, which shall be in his sole and absolute discretion. In
addition, CONSULTANT shall not subcontract any portion of the work required by
this Agreement, except with the prior approval of the City Manager, which shall be
in his sole and absolute discretion. In addition, CONSULTANT shall not subcontract
any portion of the work required by this Agreement, except with the prior approval
of the City Manager, which shall be in his sole and absolute discretion.
CONSULTANT represents that all persons delivering the services required by this
Agreement have the knowledge and skills, either by training, experience, education,
or a combination thereof, to adequately and competently perform the duties,
obligations, and services set forth in this Agreement and to provide and perform
such services to CITY'S satisfaction for the agreed compensation. CONSULTANT
shall perform its duties, obligations and services under this Agreement in a skillful
and respectable manner.
7.7. Contingency Fee. CONSULTANT warrants that it has not employed or retained any
company or person, other than a bona fide employee working solely for
CONSULTANT,to solicit or secure this Agreement and that it has not paid or agreed
to pay any person, company, corporation, individual or firm, other than a bona fide
employee working solely for CONSULTANT, any fee, commission, percentage, gift,
or other consideration contingent upon or resulting from the award or making of
this Agreement. For a breach or violation of this provision, CITY shall have the right
to terminate this Agreement without liability and, at its discretion, to deduct from
the Agreement price or otherwise recover the full amount of such fee, commission,
percentage, gift or consideration.
7.8. Materiality and Waiver of Breach. CITY and CONSULTANT agree that each
requirement, duty, and obligation set forth herein is substantial and important to the
formation of this Agreement and, therefore, is a material term hereof. CITY'S failure
to enforce any provision of this Agreement shall not be deemed a waiver of such
provision or modification of this Agreement. A waiver of any breach of a provision
of this Agreement shall not be deemed a waiver of any subsequent breach and shall
not be construed to be a modification of the terms of this Agreement.
7.9. Compliance with Laws. CONSULTANT shall comply with all federal, state, and
local laws, codes, ordinances, rules, and regulations in performing its duties,
responsibilities, and obligations pursuant to this Agreement.
#71557 v4 Page 10of24
7.10. Severance. In the event a portion of this Agreement is found by a court of
competent jurisdiction to be invalid, the remaining provisions shall continue to be
effective unless CITY or CONSULTANT elects to terminate this Agreement. An
election to terminate this Agreement based upon this provision shall be made within
seven (7) days after the finding by the court becomes final.
7.11 Joint Preparation. The parties acknowledge that they have sought and received
whatever competent advice and counsel as was necessary for them to form a full
and complete understanding of all rights and obligations herein and that the
preparation of this Agreement has been their joint effort. The language agreed to
expresses their mutual intent and the resulting document shall not, solely as a matter
of judicial construction, be construed more severely against one of the parties than
the other.
7.12. Priority of Provisions. If there is a conflict or inconsistency between any term,
statement, requirement, or provision of any exhibit attached hereto, any document
or events referred to herein, or any document incorporated into this Agreement by
reference and a term, statement, requirement, or provision of this Agreement, the
term, statement, requirement, or provision contained in Articles 1 through 7 of this
Agreement shall prevail and be given effect.
7.13. Applicable Law and Venue; Attorney's Fees and Costs. This Agreement shall be
interpreted and construed in accordance with and governed by the laws of the State
of Florida. The parties submit to the jurisdiction of any Florida state or federal court
in any action or proceeding arising out of, or relating to, this Agreement. Venue of
any action to enforce this Agreement shall be in Broward County, Florida. The
parties expressly waive all rights to trial by jury for any disputes arising from or in
any way connected with this Agreement. The parties understand and agree that this
waiver is a material contract term. This agreement is not subject to arbitration. If any
party is required to enforce the terms of this Agreement by court proceedings or
otherwise, whether or not formal legal action is required, each party shall pay its
own attorney's fees and costs.
7.14. Amendments. No modification, amendment or alteration in the terms or conditions
contained herein shall be effective unless contained in a written document prepared
with the same or similar formality as this Agreement.
7.15. Prior Agreements. This Agreement and any attachments constitute the entire
agreement between CONSULTANT and CITY, and this document incorporates and
includes all prior negotiations, correspondence, conversations, agreements, and
understandings applicable to the matters contained herein and the parties agree that
#71557 v4 Page 11 of 24
there are no commitments, agreements or understandings concerning the subject
matter of this Agreement that are not contained in this document. Accordingly, the
parties agree that no deviation from the terms hereof shall be predicated upon any
prior representations or agreements, whether oral or written. It is further agreed that
no modification, amendment or alteration in the terms or conditions contained here
shall be effective unless set forth in writing in accordance with Section 7.14 above.
7.16. Incorporation by Reference. The truth and accuracy of each "Whereas" clause set
forth above is acknowledged by the parties. Any attached Exhibits are incorporated
hereto and made a part of this Agreement.
7.17. Multiple Originals. This Agreement may be fully executed in two (2) copies by all
parties each of which, bearing original signatures, shall have the force and effect of
an original document.
7.18. Headings. Headings are for convenience of reference only and shall not be
considered in any interpretation of this Agreement.
7.19. Binding Authority. Each person signing this Agreement on behalf of either party
individually warrants that he or she has full legal power to execute this Agreement
on behalf of the party for whom he or she is signing, and to bind and obligate such
party with respect to all provisions contained in this Agreement.
7.20. Public Records.
CONSULTANT shall comply with the public records law as follows:
A. Keep and maintain public records that ordinarily and necessarily would be
required by the CITY in order to perform the service.
B. Upon request by CITY'S records custodian, provide CITY with a copy of the
requested records or allow the records to be inspected or copied within a
reasonable time at a cost that does not exceed the cost provided in Chapter
119, Florida Statutes, or as otherwise provided by law.
C. Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as
authorized by law for the duration of this Agreement.
#71557 v4 Page 12 of 24
D. Upon completion of this Agreement or in the event of termination of this
Agreement by either party, any and all public records relating to this
Agreement in the possession of CONSULTANT shall be delivered by
CONSULTANT to CITY, at no cost to CITY, within seven days. All records
stored electronically by CONSULTANT shall be delivered to CITY in a
format that is compatible with CITY's information technology systems. Once
the public records have been delivered to CITY upon completion or
termination of this Agreement, CONSULTANT shall destroy any and all
duplicate public records that are exempt or confidential and exempt from
public record disclosure requirements.
E. CONSULTANT'S failure or refusal to comply with the provisions of this
Section shall result in the immediate termination of this Agreement by the
CITY.
IF CONSULTANT HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES,
TO CONSULTANT'S DUTY TO PROVIDE PUBLIC
RECORDS RELATING TO THIS AGREEMENT, CONTACT
THE CUSTODIAN OF PUBLIC RECORDS AT 954-385-
2000, pbates @westonfl.org OR BY MAIL: City of Weston —
Office of City Clerk, 17200 Royal Palm Boulevard/
Weston, FL 33326.
7.21. Survival of Provisions. Any terms or conditions of this Agreement that require acts
beyond the date of its termination shall survive the termination of this Agreement,
shall remain in full force and effect unless and until the terms of conditions are
completed, and shall be fully enforceable by either party.
7.22. Truth-in-Negotiation Certificate. Signature of this Agreement by CONSULTANT
shall act as the execution of a truth-in-negotiation certificate stating that wage rates
and other factual unit costs supporting the compensation of this Agreement are
accurate, complete, and current at the time of contracting. The original contract
price and any additions thereto shall be adjusted to exclude any significant sums by
which the CITY determines the contract price was increased due to inaccurate,
incomplete or noncurrent wage rates and other factual unit costs. All such contract
adjustments must be made within one year following the end of this Agreement.
#71557 v4 Page 13 of.24
7.23. Non-Appropriation of Funds. In the event no funds or insufficient funds are
appropriated and budgeted or are otherwise unavailable in any fiscal year for
payments due under this Agreement, then the CITY, upon written notice to
CONSULTANT of such occurrence, shall have the unqualified right to terminate this
Agreement without any penalty or expense to the CITY.
7.24. Representative Designated for Each Party. The CITY designates the City Manager
or designee as the person to whom all communications pertaining to the day-to-day
operations of this Agreement shall be addressed. CONSULTANT shall inform the
CITY representative in writing of the representative of CONSULTANT to whom all
communications pertaining to the day-to-day action of this Agreement shall be
addressed.
7.25. Use of City Facilities. CONSULTANT's use of CITY facilities shall be restricted to
purposes related to performance of services under this Agreement. Use of any CITY
facilities for any other purpose is strictly prohibited.
7.26. Default. In the event of a default by the CONSULTANT, the CONSULTANT shall
be liable for all damages resulting from the default. The CITY may take advantage
of each and every remedy specifically existing at law or in equity. Each and every
remedy shall be in addition to every other remedy specifically given or otherwise
existing and may be exercised from time to time as often and in such order as may
be deemed expedient by the CITY. The exercise or the beginning of the exercise of
one remedy shall not be deemed to be a waiver of the right to exercise any other
remedy. The CITY's rights and remedies as set forth in this Agreement are not
exclusive and are in addition to any other rights and remedies available to the CITY
in law or in equity.
[END OF DOCUMENT—SIGNATURE PAGE FOLLOWS]
#71557 v4 Page 14 of.24
AGREEMENT BETWEEN THE CITY OF WESTON, FLORIDA AND COLIN BAENZIGER &
ASSOCIATES FOR CONSULTING SERVICES FOR A CITY MANAGER SEARCH.
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the
respective dates under each signature: City of Weston, through its City Manager, authorized to
execute same, and Colin Baenziger & Associates, authorized to execute same.
CITY OF WESTON, through its City Manager
ATTEST: By: (
John R. int, City Manager/CEO
S+hday ot-► , 2019
Patricia A. Bates, MMC, City Clerk
Approved as to form an legality
for the use . and relian by the (CITY SEAL)
City of '1est.n only:
Jamie an o e, City Attorney
`e day, of`'ra-' , 2019
COLIN BAENZIGER&ASSOCIATES
By:
1 '
WITNES Coli'Baenziger, Principal 4 'Aide day of 2019
,OH NI 2.
Print Name
SATE-t ,A 4. 3 ArE5
Print Name
#71557 v4 Page 15 of 24
AGREEMENT BETWEEN THE CITY OF WESTON, FLORIDA AND COLIN BAENZIGER &
ASSOCIATES FOR CONSULTING SERVICES FOR A CITY MANAGER SEARCH.
Exhibit "A"
Project Schedule
#71557 v4 Page 16 of 24
Suggested Project Schedule- Weston City Manager
3/19/2019
Phase I:Needs Assessment/Information Gathering
March 8, 2019 CB&A begins discussing the position with the City Officials and other
suggested stake holders to understand the job and its challenges.
March 13, 2019 CB&A submits the draft of the full recruitment profile to the City for its
review.
March 18, 2019 CB&A meets with City Commission to get their comments.
Phase II: Recruiting
March 25, 2019 CB&A posts the full recruitment profile on its website and submits it to the
appropriate publications. It is also e-mailed to over 13,800 local
government professionals.
April 26, 2019 Closing date for submission of applications.
May 1, 2019 CB&A reports on the results of the recruitment via memorandum.
Phase III:Screening, Reference Checks and Credential Verification
May 28, 2019 CB&A forwards its candidate report and materials to the City. These will
include the candidates' resumes,the candidate introduction, and the results
of our reference, background and Internet/newspaper archives checks.
June 3, 2019 City selects finalists to interview.
Phase IV: Interview Process Coordination and City Manager Selection
June 20, 2019 Reception for City Manager finalists
June 21, 2019 One-on-one interviews with finalists and selection of City Manager.
Phase V:Negotiation, Warranty & Continuing Assistance
CB&A works with City representatives and the selected candidate on an
employment agreement.
Suggested Project Schedule- Weston City Manager
3/12/2019
Phase I: Needs Assessment/Information Gathering
March 8, 2019 CB&A begins discussing the position with the City Officials and other
suggested stake holders to understand the job and its challenges.
March 13, 2019 CB&A submits the draft of the full recruitment profile to the City for its
review.
March 18, 2019 CB&A meets with City Commission to get their comments.
Phase II: Recruiting
March 25, 2019 CB&A posts the full recruitment profile on its website and submits it to the
appropriate publications. It is also e-mailed to over 13,800 local government
professionals.
April 26, 2019 Closing date for submission of applications.
May 1, 2019 CB&A reports on the results of the recruitment via memorandum.
Phase Ill:Screening, Reference Checks and Credential Verification
May 28, 2019 CB&A forwards its candidate report and materials to the City. These will
include the candidates' resumes,the candidate introduction, and the results
of our reference, background and Internet/newspaper archives checks.
June 3, 2019 City selects finalists to interview.
Phase IV: Interview Process Coordination and City Manager Selection
June 13, 2019 Reception for City Manager finalists
June 14, 2019 One-on-one interviews with finalists and selection of City Manager.
Phase V:Negotiation, Warranty& Continuing Assistance
CB&A works with City representatives and the selected candidate on an
employment agreement.
#71557 v4 Page 17 of 24
AGREEMENT BETWEEN THE CITY OF WESTON, FLORIDA AND COLIN BAENZIGER &
ASSOCIATES FOR CONSULTING SERVICES FOR A CITY MANAGER SEARCH.
Exhibit "B"
Per Diem and Travel Policy
#71557 v4 Page 18 of 24
CITY OF WESTON,FLORIDA
RESOLUTION NO.2017-30
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WESTON,
FLORIDA, PROVIDING FOR A PER DIEM AND TRAVEL POLICY FOR THE
OFFICERS, EMPLOYEES, AND AUTHORIZED PERSONS OF THE CITY OF
WESTON,FLORIDA.
WHEREAS, First, currently, expenses for per diem and travel for members of the City of
Weston City Commission (Officers), employees of the City of Weston (Employees), and a person
authorized for travel at the expense of the City of Weston (Authorized Person) are governed by
§112.061 Florida Statutes;and
WHEREAS,Second,definitions of"Officer","Employee",and "Authorized Person"are set
forth in§166.021(9)(a)Florida Statutes,and govern those terms as used in this Resolution;and
WHEREAS, Third, the rates of per diem and subsistence allowance as set forth in
§112.061(6)(b)Florida Statutes,of$6 for breakfast,$11 for lunch and$19 for dinner were enacted
by the Florida Legislature and approved by the Florida Governor in 2006, and neither has
increased since then nor is either indexed to any metric for any annual increase;and
WHEREAS,Fourth,the rate of reimbursement for mileage allowance of$0.445 per mile as
set forth in §112.061(7)(d)(1)(a) Florida Statutes, was enacted by the Florida Legislature and
approved by the Florida Governor in 2006,and has not increased since then nor is indexed to any
metric for any annual increase;and
WHEREAS, Fifth,costs for travel, food,and transportation increase on a regular basis;and,
as such, per diem and expense rates for meals and reimbursement for mileage allowance enacted
in 2006, and at fixed rates thereafter, are no longer sufficient to cover the actual costs for such
travel related expenses;and
WHEREAS, Sixth, §112.061 Florida Statutes governs where no per diem and travel policy
has been provided for by the governing body of a municipality; however, §166.021(9)(b) Florida
Statutes authorizes the governing body of a municipality to be able to provide for a per diem and
travel policy for its travelers notwithstanding§112.061 Florida Statutes;and
WHEREAS, Seventh,the City Commission finds that it is in the best interest of the City of
Weston to provide for a Per Diem and Travel Policy for its Officers, Employees, and Authorized
Persons;and
WHEREAS, Eighth, the Per Diem and Travel Policy for the Officers, Employees, and
Authorized Persons of the City of Weston is attached hereto as Exhibit"A"and incorporated and
made a part of this Resolution.
#66039 v3 Resolution No.2017-30 Page 1 of 2
#71557 v4 Page 19 of 24
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WESTON, FLORIDA, PROVIDING FOR A
PER DIEM AND TRAVEL POLICY FOR TI-IE OFFICERS,EMPLOYEES,AND AUTHORIZED PERSONS OF THE
CITY OF WESTON,FLORIDA.
NOW,THEREFORE,BE IT RESOLVED by the City Commission of the City of Weston,Florida:
Section 1: The foregoing recitals contained in the preamble to this Resolution are incorporated by
reference herein.
Section 2: The City of Weston Per Diem and Travel Policy for Officers,Employees and Authorized
Persons of the City of Weston, Florida, which is attached hereto as Exhibit"A"and made a part of
this Resolution,is approved,and adopted as the Per Diem and Travel Policy of the City of Weston.
Section 3: The appropriate City officials are authorized to execute all necessary documents and to
take any necessary action to effectuate the intent of this Resolution.
Section 4: This Resolution shall take effect upon its adoption.
ADOPTED by the City Commission of the City of Weston,Florida, ' 6"'day of March 2017.
o ,/
/
'v l
li Dani'-IJ.Ster°-r,Mayor
ATTEST:
/4 Patricia A. Bates,City Clerk
Approved as to form and legality Roll Call:
for the use of and eliance by the Commissioner Brown Yes
City of, stop o ly: Commissioner Feuer Yes
Commissioner Kallman Yes
„/ Mayor Stermer Yes
Jamie Alan Cole,City Attorney
/
x66039 v3 Resolution No.2017-30 Pzg,r!ui 2
#71557 v4 Page 20 of 24
Exhibit"A"
THE CITY OF WESTON
PER DIEM AND TRAVEL POLICY
Adopted by Resolution No.2017-30
This Policy shall govern expenditures for City-related travel.
SECTION 1: DEFINITIONS
For the purposes of this Section,the following words shall have the meanings indicated:
1.1. AUTHORIZED PERSON
"Authorized Person"means a person;
1. Other than an Officer or Employee,as defined below,whether elected or commissioned or
not,who is authorized by the City of Weston or agency thereof to incur travel expenses in
the performance of official duties;or
2. Who is called upon by the City of Weston,the Bonaventure Development District,and/or
the Indian Trace Development District, to contribute time and services as consultant or
advisor;or
3. Who is a candidate for an executive or professional position with the City of Weston.
1.2. EMPLOYEE
"Employee"means an individual,whether commissioned or not,other than an Officer or Authorized
Person as defined in this Policy, who is filling a regular or full-time authorized position and is
responsible to the City of Weston.
1.3. OFFICER
"Officer"means an individual who,in the performance of his or her official duties,is vested by law
with sovereign powers of government and who is either elected by the people,or commissioned by
the Governor and who has jurisdiction extending throughout the City of Weston, or any person
lawfully serving instead of either of the foregoing two classes of individuals as initial designee or
successor.
966040 v4 Per Diem and Travel Policy Page 1 of 4
#71557 v4 Page 21 of 24
I,lu€ni '.
SECTION 2: Travel
2.1. PRIOR APPROVAL REQUIRED
Travel by Officers, Employees and Authorized Persons is limited to official City business, or
professional development that will be of benefit to the City,and shall require written approval of the
City Manager before the traveler incurs any expenditures for travel.
2.2. TRANSPORTATION AND LODGING EXPENSES
Payment of travel expenses shall be limited to transportation, lodging (exclusive of in-room
entertainment and mini-bar consumption),and meals(exclusive of alcoholic beverages)and shall be
in accordance with this and Travel Policy only.
2.3. MILEAGE EXPENSES
Payment for mileage when a personal vehicle is used shall be based on the distance eligible utilizing
Google maps, MapQuest, or similar mileage estimating website, from point of origin to point of
destination based on the shortest route.
Each year,the IRS publishes standard mileage rates used to calculate the deductible costs of operating
an automobile for business purposes. Those per-mile rates shalt be used for the mileage expense
rates when a personal vehicle is used,multiplied by the number of miles between the point of origin
to the point of destination as described above. The information is displayed at the IRS website at
the following url:hitps://www.irs.gov/lax-profession als/standard•mileage-rates.
2.4. REIMBURSEMENTS
Request for reimbursement for non-meal and incidental expenses included in the per diem shall be
made on the City's Travel Expense&Reimbursement Form,which shall be accompanied by original
receipts and documentation for all expenses incurred and which shall be submitted to the City within
60 calendar days of the last day of travel.
2.5. LIMITATIONS ON EXPENSES
2.5.1. USUALLY TRAVELLED ROUTE
All travel must be by a usually travelled and direct route. In case a person travels by an indirect route
for his or her own convenience,any extra costs shall be borne by the traveler;and expenses shall be
based only on such charges as would have been incurred by a usually and direct traveled route.
565040 v4 Per Diem and Travel Policy Page 2 of 4
#71557 v4 Page22of24
I L■i
2.5.2. AIRFARE
Airfare shall be expensed at the"coach"or comparable rate. In case a person travels at a higher class
for his or her own convenience,any extra costs shall be borne by the traveler;and expenses shall be
based only on such charges as would have been incurred at the"coach"or comparable rate.
to case airfare has been purchased and travel does not occur,if the traveler has been reimbursed for
the cost of the airfare,the balance available on the ticket in the traveler's name shall be available for
future airfare for City business,or the traveler may purchase the balance from the City to apply to
personal travel.
2.5.3. LODGING
Lodging shall be expensed at the"standard"or"base rate"accommodation. In case a person lodges
at a higher class for his or her own convenience,any extra costs shall be borne by the traveler;and
expenses shall be based only on such charges as would have been incurred at the"standard","base
rate"or comparable rate.
2.5.4. MEALS&INCIDENTAL EXPENSES
For meals and incidental expenses, the rates as promulgated and published by the United States
General Service Administration ("GSA")shall govern. The GSA website provides for entry of the
location of the travel destination, and then discloses Meal and Incidental Expense ("M&IE")
reimbursement caps for breakfast, lunch,and dinner. The pages displaying the Per Diem Rates for
the travel location and the M&IE pages shall be printed and submitted along with the City's Travel
Expense& Reimbursement Form. Authorized travelers may request reimbursement up to the per
diem caps for meals and incidentals for each full day away. First and last days of travel are capped
at 75°l° of the total daily cap. The website is currently available at:
hups://www.gsa.gov/ponalkontent/104877.
2.4.5. OTHER ELIGIBLE EXPENSES
The following incidental travel expenses of the traveler may be reimbursed:
1.Taxi Fare.
2.Ferry fares;and bridge,road,and tunnel tolls.
3.Storage or parking fees.
4.Communication expense.
#66040 v4 Per Diem and Travel Policy Page 3 of 4
#71557 v4 Page 23 of 24
Exhibit"A"
2.4.6. INELIGIBLE EXPENSES
Expenses during the course of travel not directly related to official City business shall not be eligible
for expense or reimbursement.
•
066040 v4 Per Olem and Travel Policy Page 4 of 4
#71557 v4 Page 24 of 24