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2014-28740 Reso i RESOLUTION NO. 201428740 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER, ON BEHALF OF THE CITY, TO ENTER INTO CERTAIN INDEPENDENT CONTRACTOR AGREEMENTS FOR PROFESSIONAL AND OTHER SERVICES, AS REQUIRED, AND AS THE CITY MANAGER DEEMS IN THE BEST INTEREST OF THE CITY, SUBJECT TO AND CONTINGENT UPON THE FOLLOWING PARAMETERS: 1) THE CITY MANAGER SHALL ONLY ENTER INTO CONTRACTS TO PROVIDE SERVICES OR WORK RELATED TO VACANT BUDGETED POSITIONS, AS IDENTIFIED IN THE CITY'S APPROVED FISCAL YEAR (FY) 2014/2015 BUDGET; 2) THE AMOUNT OF THE FEE OR OTHER COMPENSATION UNDER SUCH CONTRACT(S) SHALL NOT EXCEED THE AUTHORIZED AMOUNT FOR THE RESPECTIVE CLASSIFICATION, AS SET FORTH IN THE CITY'S CLASSIFIED OR UNCLASSIFIED SALARY ORDINANCE (AS THE CASE MAY BE); 3) THE TERM OF ANY INDEPENDENT CONTRACTOR AGREEMENT AUTHORIZED HEREIN SHALL NOT EXTEND BEYOND THE END OF FY 2014/2015 (SEPTEMBER 30, 2015); 4) AT A MINIMUM, THE CITY MANAGER SHALL REQUIRE THAT ANY INDEPENDENT CONTRACTOR AGREEMENT ENTERED INTO PURSUANT TO THIS RESOLUTION SHALL UTILIZE THE CITY'S STANDARD FORM FOR INDEPENDENT CONTRACTORS (AS ATTACHED TO THIS RESOLUTION), PROVIDED THAT THE CITY MANAGER MAY INCORPORATE ADDITIONAL TERMS, WHICH MAY BE MORE STRINGENT, BUT NOT MORE LENIENT; 5) REQUIRING THE CITY MANAGER TO ISSUE A LETTER TO COMMISSION EACH FISCAL QUARTER COMMENCING ON JANUARY 1, 2015, WHICH DELINEATES THOSE INDEPENDENT CONTRACTOR AGREEMENTS THAT EXCEED $25,000 AND 6) PROVIDING THAT THE AUTHORITY GRANTED TO THE CITY MANAGER PURSUANT TO THIS RESOLUTION SHALL BE BROUGHT TO THE CITY COMMISSION FOR RENEWAL AS PART OF THE ANNUAL OPERATING BUDGET APPROVAL. WHEREAS, under the City Charter, the City Manager has the authority to appoint an employee into a vacant, budgeted position with a salary within the range established by the City Commission for the classification; and WHEREAS, the City has eliminated positions in its annual budget since FY 2007/08; and the City has restricted hiring for vacant positions where appropriate; and WHEREAS, these vacant positions are carefully analyzed for the purpose of identifying mission critical positions that should be filled, while allowing other positions to remain vacant; and WHEREAS, the City needs to utilize independent contractors to replace those employees whose positions may have been eliminated, and to prevent hiring employees that might result in having to lay them off at the end of the fiscal year if their positions are eliminated, and WHEREAS, in some instances where positions are vacant, the City has retained independent contractors to provide services or work; and WHEREAS, because the City Code requires contracts in excess $25,000 to be approved by the City Commission, these agreements have typically been limited to less than the maximum amount; and WHEREAS, on rare occasions, independent contractor agreements for amounts over $25,000 have been brought to the City Commission for approval; and WHEREAS, in an effort to save costs, such as pension and health benefits, the Administration is recommending that the City Commission authorize the City Manager to negotiate, enter into, and execute certain independent contractor agreements, including those having an amount that may exceed $25,000, subject to the following parameters: • The independent contract agreements authorized under this Resolution will be limited to services or work related to a vacant, budgeted position, as approved in the City's FY 2014/2015 operating budget; and • The value of the agreement will not exceed the amount already authorized in the City's Classified or Unclassified Salary Ordinances, and the term of the agreement will not go beyond September 30, 2015; and • Any agreement entered into will contain, at minimum, the provisions outlined in the City's standard form independent contractor agreement (a copy of which is attached hereto and incorporated herein); and • The City Manager must issue a Letter to Commission ("LTC") each fiscal quarter, commencing on January 1, 2015, which delineates those Independent Contractor Agreements that exceed the $25,000 threshold, WHEREAS, the City Commission granted similar authority to the City Manager on September 20, 2010, for FY 2010/2011 and renewed such authority on September 27, 2011 for FY 2011/2012; and on September 27, 2012 for FY 2012/2013, and on September 30, 2013 for FY 2013/14; and WHEREAS, during the discussions for the initial authority, it was said that this request for authority would be brought back for renewal on an annual basis as part of the budget process; [THIS SECTION INTENTIONALLY LEFT BLANK] NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, authorizing the City Manager, on behalf of the City, to enter into independent contractor agreements for professional and other services, as required, and as the City Manager deems in the best interest of the City, subject to and contingent upon the following parameters: 1) the City Manager shall only enter into contracts to provide services or work related to vacant budgeted positions, as identified in the City's approved FY 2014/2015 budget; 2) the amount of the fee or other compensation under such contract(s) shall not exceed the authorized amount for the respective classification, as set forth, in the City's Classified or Unclassified Salary Ordinance (as the case may be); 3) the term of any independent contractor agreement authorized herein shall not extend beyond the end of FY 2014/2015 (September 30, 2015); 4) at a minimum, the City Manager shall require that any independent contractor agreement entered into pursuant to this resolution shall utilize the City's standard form for independent contractors, provided that the City Manager may incorporate additional terms, which may be more stringent but not more lenient; and 5) providing that the authority granted to the City Manager pursuant to this Resolution shall be brought to the City Commission for renewal as part of the annual operating budget approval. PASSED and ADOPTED this /0 day of , 2014. ATTEST: Ra ael E. Granado, City Clerk Philip ' n , Mayor 1 INCORP ORATED' APPROVED AS TO FORM & LANGUAGE FO EXECUTION AM City Attorney Date.. COMMISSION ITEM SUMMARY Condensed Titles: 1. A Resolution Authorizing The City Manager, To Enter Into Certain Independent Contractor Agreements For Professional And Other Services, As Required And As The City Manager Deems In The Best Interest Of The City, Subject To And Contingent Upon The Following Parameters: 1)The City Manager Shall Only Enter Into Contracts To Provide Services or Work Related To Vacant Budgeted Positions,As Identified In The City's Approved Fiscal Year(FY) 2014/2015 Budget; 2)The Amount Of The Fee or Other Compensation Under Such Contract(s)Shall Not Exceed The Authorized Amount For The Respective Classification, As Set Forth In The City's Classified Or Unclassified Salary Ordinance(As The Case May Be); 3)The Term Of Any Independent Contractor Agreement Authorized Herein Shall Not Extend Beyond The End Of FY 2014/2015 (September 30, 2015); 4)At A Minimum, The City Manager Shall Require That Any Independent Contractor Agreement Entered Into Pursuant To This Resolution Shall Utilize The City's Standard Form For Independent Contractors(As Attached To This Resolution), Provided That The City Manager May Incorporate Additional Terms,Which May Be More Stringent, But Not More Lenient;And 5)Providing That The Authority Granted To The City Manager Pursuant To This Resolution Shall Be Brought To The City Commission For Renewal As Part Of The Annual Operating Budget Approvals. 2. A Resolution Authorizing The City Manager, To Enter Into Certain Independent Contractor Agreements For The Following Services, As Required And As The City Manager Deems In The Best Interest Of The City: Athletics Instruction/Coaching/Refereeing, Including But Not Limited To, The Following Categories: Baseball, Softball, Soccer, Gymnastics, Cheerleading, Volleyball; Ice Skating, Hockey, Swimming, Ice Guards, Aerobics Instruction; Fitness Instruction;Arts/Music/Cultural/Drama Instruction And Or Instrument Repair; Computer/Media Services, Including But Not Limited To, Instruction And Repair; Summer Camp Instruction; Cotillion; Speech, Debate, Social Skills, Literacy, Math And Sat; Fitness Classes, Including But Not Limited To, Aerobics, Zumba Dancing, Weight Room, Weight Loss, General Fitness Instruction, Adult, Youth And Baby Boot Camp; School Liaison Officers; Resident Project Representatives (RPR); Community/Public Information Services; Construction Cost Estimating/Consulting Services; Video Production Services; Photography/Videography Services; Graphic Design Services; Program Monitor Services; Cost Allocation Services;Job Audits; Step III Grievance Hearing Officer;Auditors; Historical Research; Latent Examiner Services; Medical Director And Accreditation Services/Support; Psychological And Testing Services; Professional Training Services Including But Not Limited To Sexual Harassment, Diversity And Team Building; Provided Further That The City Manager Shall Be Authorized To Negotiate, Enter Into,And Execute The Aforestated Agreements Subject To The Same Parameters Provided In The Resolution Above. Key Intended Outcome Supported: (1)Streamline the delivery of services through all departments, (2)ensure expenditure trends are sustainable over the long run Item Summa /Recommendation: Independent contractor agreements differ from professional services agreements in that they apply to an individual in lieu of a legally constituted entity. Under the City Charter, the City Manager has the authority to make appointments to vacant, budgeted positions at a salary within the established ranges. Sometimes,when positions are vacated,the City retains independent contractors to provide the services or work. In addition, the City regularly uses independent contractors for specialty services such as recreational classes,communication services,etc.As has been done since FY 2009/2010,the Administration recommends that the City Commission authorize the City Manager to negotiate,enter and execute independent contractor agreements, including those in an amount exceeding$25,000, to provide services or work related to vacant, budgeted positions, and to enter and execute independent contractor agreements to provide specific services or work reflected in departmental budgets. The Manager will continue to provide the Commission with quarterly reports regarding contracts whose value exceeds$25,000. Advisory Board Recommendation: N/A Financial Information: Source of Amount Account Funds: 1 2 OBPI Total Financial Impact Summary: Funds are already included in the FY 2014/15 operating budget, in either salaries or professional services line items in various departments City Clerk's Office Legislative Tracking: Sylvia Crespo-Tabak, Human Resources Director Sign-Offs: Department Director Assistant City Manager City Manager Sylvia Crespo-Tabak Kathie Brooks Jimmy L. rales -- - - AGENDA BEACH [TEM ! 71J, ill DATE MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Philip Levine and Members f the City C mmission FROM: Jimmy L. Morales City Manager °� -- DATE: September 10, 2014 SUBJECT: A RESOLUTION OF THE MAYO ND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, A ND THE CITY MANAGER, ON BEHALF OF THE CITY, TO ENTER INTO CERTAIN INDEPENDENT CONTRACTOR AGREEMENTS FOR PROFESSIONAL AND OTHER SERVICES, AS REQUIRED, AND AS THE CITY MANAGER DEEMS IN THE BEST INTEREST OF THE CITY, SUBJECT TO AND CONTINGENT UPON THE FOLLOWING PARAMETERS: 1)THE CITY MANAGER SHALL ONLY ENTER INTO CONTRACTS TO PROVIDE SERVICES OR WORK RELATED TO VACANT BUDGETED POSITIONS,AS IDENTIFIED IN THE CITY'S APPROVED FISCAL YEAR (FY) 2013/2014 BUDGET; 2) THE AMOUNT OF THE FEE OR OTHER COMPENSATION UNDER SUCH CONTRACT(S)SHALL NOT EXCEED THE AUTHORIZED AMOUNT FOR THE RESPECTIVE CLASSIFICATION, AS SET FORTH IN THE CITY'S CLASSIFIED OR UNCLASSIFIED SALARY ORDINANCE(AS THE CASE MAY BE); 3) THE TERM OF ANY INDEPENDENT CONTRACTOR AGREEMENT AUTHORIZED HEREIN SHALL NOT EXTEND BEYOND THE END OF FY 2014/2015 (SEPTEMBER 30, 2015); 4) AT A MINIMUM, THE CITY MANAGER SHALL REQUIRE THAT ANY INDEPENDENT CONTRACTOR AGREEMENT ENTERED INTO PURSUANT TO THIS RESOLUTION SHALL UTILIZE THE CITY'S STANDARD FORM FOR INDEPENDENT CONTRACTORS (AS ATTACHED TO THIS RESOLUTION), PROVIDED THAT THE CITY MANAGER MAY INCORPORATE ADDITIONAL TERMS, WHICH MAY BE MORE STRINGENT, BUT NOT MORE LENIENT; 5) REQUIRING THE CITY MANAGER TO ISSUE A LETTER TO COMMISSION EACH FISCAL QUARTER COMMENCING ON JANUARY 1, 2015,WHICH DELINEATES THOSE INDEPENDENT CONTRACTOR AGREEMENTS THAT EXCEED $259000 AND 6) PROVIDING THAT THE AUTHORITY GRANTED TO THE CITY MANAGER PURSUANT TO THIS RESOLUTION SHALL BE BROUGHT TO THE CITY COMMISSION FOR RENEWAL AS PART OF THE ANNUAL OPERATING BUDGET APPROVAL. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER, ON BEHALF OF THE CITY, TO ENTER INTO CERTAIN INDEPENDENT CONTRACTOR AGREEMENTS FOR THE FOLLOWING SERVICES, AS REQUIRED, AND AS THE CITY MANAGER DEEMS IN THE BEST INTEREST OF THE CITY: ATHLETICS Commission Agenda Item, Independent Contractor Agreements September 10, 2014 Page 2 INSTRUCTION/COACHING/REFEREEING, INCLUDING BUT NOT LIMITED TO,THE FOLLOWING CATEGORIES: BASEBALL,SOFTBALL, SOCCER, GYMNASTICS, CHEERLEADING, VOLLEYBALL; ICE SKATING, HOCKEY, SWIMMING, ICE GUARDS, AEROBICS INSTRUCTION; FITNESS INSTRUCTION; ARTS/MUSIC/CULTURAL/DRAMA INSTRUCTION AND OR INSTRUMENT REPAIR;COMPUTER/MEDIA SERVICES,INCLUDING BUT NOT LIMITED TO,INSTRUCTION AND REPAIR; RECREATIONAL PROGRAMMING AND INSTRUCTION; INSTRUCTION AND THERAPY FOR PARTICIPANTS WITH SPECIAL NEEDS INCLUDING BUT NOT LIMITED TO EDUCATION, HEALTH AND WELLNESS; INSTRUCTION/TUTORING,INCLUDING BUT NOT LIMITED,TO EDUCATION; COTILLION;SPEECH, DEBATE,SOCIAL SKILLS, LITERACY, MATH AND SAT; FITNESS CLASSES, INCLUDING BUT NOT LIMITED TO, AEROBICS, ZUMBA, WEIGHT ROOM, WEIGHT LOSS, GENERAL FITNESS INSTRUCTION, ADULT AND YOUTH BOOT CAMP AND BABY BOOT CAMP; SCHOOL LIAISON OFFICERS; RESIDENT PROJECT REPRESENTATIVES(RPR);COMMUNITY/PUBLIC INFORMATION SERVICES; CONSTRUCTION COST ESTIMATING/CONSULTING SERVICES; VIDEO PRODUCTION SERVICES; PHOTOGRAPHY/VIDEOGRAPHY SERVICES; GRAPHIC DESIGNER SERVICES; PROGRAM MONITOR SERVICES; COST ALLOCATION SERVICES; JOB AUDITS; STEP III DISCIPLINARY GRIEVANCE HEARING OFFICER; AUDITORS; HISTORICAL RESEARCHER; LATENT EXAMINER SERVICES; MEDICAL DIRECTOR AND ACCREDITATION SERVICES/SUPPORT; PSYCHOLOGICAL AND TESTING SERVICES; ORGANIZATIONAL DEVELOPMENT MEETING FACILITATION SERVICES; PROFESSIONAL TRAINING SERVICES, INCLUDING BUT NOT LIMITED TO, APPLICATION SYSTEMS INSTRUCTION, METHODOLOGIES FOR APPLICATION SYSTEMS DEVELOPMENT, SEXUAL HARASSMENT, DIVERSITY AND TEAM BUILDING; HOME VISITORS FOR THE PARENT-CHILD HOME PROGRAM; INSTRUCTORS FOR THE MORNINGS ALL-STAR PROGRAMS AND HUD COMPLIANCE; APPLICATION SYSTEMS CONSULTING SERVICES, INCLUDING BUT NOT LIMITED TO, APPLICATION SYSTEMS, ARCHITECTURE, APPLICATION DEVELOPMENT BEST PRACTICES, APPLICATION SECURITY, APPLICATIONS QUALITY ASSURANCE, APPLICATION MONITORING, MOBILE APPLICATION DEVELOPMENT;CONSULTING SERVICES FOR WEBSITE AND DIGITAL MEDIA STRATEGY; WEB DESIGN; GRAPHIC DESIGN; PROVIDED FURTHER THAT THE CITY MANAGER SHALL BE AUTHORIZED TO NEGOTIATE, ENTER INTO, AND EXECUTE THE AFORESTATED AGREEMENTS SUBJECT TO THE FOLLOWING PARAMETERS: 1) THE AMOUNT OF THE FEE OR OTHER COMPENSATION UNDER SUCH AGREEMENT(S)SHALL NOT EXCEED THE AUTHORIZED AMOUNT FOR THE RESPECTIVE SERVICES, AS SET FORTH IN THE CITY'S APPROVED FISCAL YEAR (FY) 2014/2015 ANNUAL BUDGET; 2) THE TERM OF ANY SERVICE AGREEMENT AUTHORIZED HEREIN SHALL NOT EXTEND BEYOND THE END OF FY 2014/2015 (SEPTEMBER 30, 2015); 3) AT A MINIMUM, THE CITY MANAGER SHALL REQUIRE THAT ANY AGREEMENT ENTERED INTO PURSUANT , TO THIS RESOLUTION SHALL UTILIZE THE CITY'S Commission Agenda Item, Independent Contractor Agreements September 10, 2014 Page 3 STANDARD FORM INDEPENDENT CONTRACTOR AGREEMENT (AS ATTACHED TO THIS RESOLUTION), PROVIDED THAT THE CITY MANAGER MAY INCORPORATE ADDITIONAL TERMS,WHICH MAY BE MORE STRINGENT, BUT NOT MORE LENIENT; AND 4) PROVIDING THAT THE AUTHORITY GRANTED TO THE CITY MANAGER PURSUANT TO THIS RESOLUTION SHALL BE BROUGHT TO THE CITY COMMISSION FOR RENEWAL AS PART OF THE ANNUAL OPERATING BUDGET APPROVAL. ADMINISTRATION RECOMMENDATION Adopt both resolutions. BACKGROUND/ANALYSIS The first resolution pertains to independent contractor agreements for individuals hired to perform a specific function, who are usually compensated at an hourly or project specific rate. Under the City Charter, the City Manager has the authority to appoint an employee into a vacant, budgeted position with a salary that falls within the range established by the City Commission for the subject classification. Sometime,when positions have been vacated the City has retained independent contractors to provide the services or work. In an effort to save on costs, such as pension and health benefits, the Administration is recommending that for FY 2014/15, the City Commission reauthorize the City Manager to negotiate, enter into, and execute independent contractor agreements, including some at an amount exceeding $25,000, subject to all of the following provisions: • The independent contractor agreements authorized under the proposed resolution will be limited to services or work related to a vacant, budgeted position, as approved in the City's FY 2014/15 operating budget; • The value of the agreement will not exceed the amount already authorized in the City's Classified and Unclassified Salary Ordinances (as applicable), and will not extend beyond September 30, 2015.Any agreement entered into will contain, at a minimum,the provisions outlined in the City's standard form independent contractor agreement,which, among other things, requires the issuance of a purchase order. (Attachment A). • The authority granted the City Manage will be subject to monitoring through periodic Letters to the Commission (LTC), identifying any independent contractor agreement that exceeds the $25,000 threshold. A resolution requesting the initial authorization for the City Manager to enter into these agreements was first heard at the September 24, 2009, City Commission meeting,where it was referred to the Finance and Citywide Projects Committee(FCWPC). At its October 29, 2009, meeting, as part of the discussion,the Administration clarified that the purpose of this item was not to replace current employees or eliminate positions and lay off employees to hire independent contractors to perform the same functions. The independent contractors were to be used to perform the functions of vacant, budgeted positions where former employees separated from the City. Commission Agenda Item, Independent Contractor Agreements September 10, 2014 Page 4 , The City Commission approved the resolution at its December 9,2009, meeting for the fiscal year ending September 30, 2010; renewed it on September 20, 2010 for the fiscal year ending September 30, 2011; on September 27, 2011 for the fiscal year ending on September 30, 2012; on September 27, 2012 for the fiscal year ending on September 30, 2013, and on September 30, 2013, for the fiscal year ending September 30, 2014. This matter is presented on an annual basis as part of the budget process, as authorization expires at the end of each fiscal year. This updated resolution is for FY 2014/15. The second resolution also pertains to independent contractors who will be providing specific services or work reflected in departmental budgets. Some of the services include: baseball, softball,soccer, gymnastics, cheerleading,volleyball; ice-skating, skating, hockey, swimming, ice guards, aerobics instruction; fitness instruction; arts/music/cultural/drama instruction and or instrument repair; computer/media services, including but not limited to, instruction, and repair; recreational programming and instruction; instruction and therapy for participants with special needs, including but not limited to, education, health and wellness; instruction/tutoring, including but not limited to education; cotillion; speech; debate, social skills, literacy, math and SAT; fitness classes, including but not limited to, aerobics,zumba, weight room, weight loss, general fitness instruction, adult and youth boot camp and baby boot camp; school liaison officers; resident project representatives(RPR);community/public information services; construction cost estimating/consulting services; video production services; photography/videography services; graphic designer services; program monitor services; cost allocation services;job audits; step III disciplinary grievance hearing officer; auditors; historical researcher; latent examiner services; medical director and accreditation services/support; psychological and testing services; organizational development meeting facilitation services; professional training services, including but not limited to, sexual harassment, diversity and team building; home visitors for the parent-child home program; instructors for the Mornings all-star program and HUD compliance. To coordinate the execution of agreements for the kinds of services or work referenced in the second resolution, the Administration also recommends that the City Manager be authorized to negotiate, enter into, and execute agreements, including those in an amount greater than $25,000, subject to all of the following provisions: • The agreements will be limited to the services or work specifically listed in the second resolution; • The value of the agreement will not exceed the authorized amount for the respective services or work, as set forth in the City's approved FY 2014/15 operating budget; • The term of the agreement shall not extend beyond the end of FY 2014/15 (September 30, 15); and • Any agreement entered into will contain, at a minimum, the provisions outlined in the City's standard form agreement for independent contractors (Attachment A). • The authority granted the City Manage be subject to monitoring through periodic Letters to the Commission (LTC), identifying any independent contractor agreement that exceeds the $25,000 threshold. Commission Agenda Item, Independent Contractor Agreements September 10, 2014 Page 5 CONCLUSION The City Commission has approved both resolutions on an annual basis since December 9, 2009,with the requirement that the Administration bring back the item on an annual basis as part of the budget process. The authority granted the City Manage is subject to monitoring through periodic Letters to the Commission (LTC), identifying any independent contractor agreement that exceeds the$25,000 threshold. This updated resolution is for FY 2014/15. The Administration recommends adopting both Resolutions. Attachment JLM/KGB/SC-T