2013-28375 Reso RESOLUTION NO. 2013-28375
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE
NEIGHBORHOODS AND COMMUNITY AFFAIRS COMMITTEE ADOPTING
BACKGROUND CHECK REQUIREMENTS AND OTHER SECURITY MEASURES
FOR EMPLOYEES OF CITY CONTRACTORS.
WHEREAS, at its April 29, 2013, meeting, the Neighborhood and Community
Affairs Committee (the Committee) discussed the City's requirements for background
checks conducted on employees of City contractors; and
WHEREAS, after discussion, the Committee approved the City Manager's
recommendation that staff return with recommendations for requiring background checks
on employees of City contractors; and
WHEREAS, at the September 30, 2013 Committee meeting, staff presented
recommendations regarding the requirement to conduct background checks on
employees of City contractors; and
WHEREAS, the Committee discussed the staff recommendations and, after
discussion, agreed to submit the following recommendation for consideration by the
Mayor and City Commission:
1. Service Contracts with Potential for Close Proximity to Children or Other Sensitive
Areas of Coverage. It is recommended that these contracts require that contractor
employees:
• complete an Florida Department of Law Enforcement (FDLE) Level II background
check; and
• carry a City-issued identification badge at all times while on City premises.
2. Construction Contracts. It is recommended that contractors be required to:
• maintain a daily record of all contractor and sub-contractor employees accessing
a project site;
• file, with the corresponding City staff project administrator, copies of the daily
record of personnel accessing the site on a monthly basis, along with each
payment application; and
• identify vehicle(s) stationed on project site with City approved dashboard
signage.
WHEREAS, the Neighborhood and Community Affairs Committee recommends
that the Mayor and City Commission accept the recommendation of the Committee and
adopt the Resolution, approving the implementation of the aforementioned.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby approve the recommendation of the Neighborhood and Community
Affairs Committee and adopt the Resolution, approving the implementation of the
aforementioned background check requirements and other security measures for
employees of City contractors, effective upon execution by the Mayor and City Clerk.
9013--28'37V
PASSED and ADOPTED this_Z,6AVay of , 2013.
ATTEST:
C4 Clerk r
Rafael Granado tti Herrera Bower
�
:'INCORP ORATED:
CRATED:
' •.....TM�Ac
26
APPROVED AS TO
FORM & LANGUAGE
& FO ECUTION
ttor Date
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Accepting The
Recommendation Of The Neighborhoods And Cultural Affairs Committee Adopting Background Check
Requirements And Other Security Measures For Employees Of City Contractors.
Key Intended Outcome Supported:
Maintain Crime Rates At Or Below National Trends
Supporting Data: N/A
Issue:
Shall the Commission Adopt the Resolution?
Item Summa /Recommendation:
At its April 29, 2013, meeting, the Neighborhood and Community Affairs Committee (the Committee)
discussed the City's requirements for background checks conducted on employees of City contractors.
Specific discussions were had on construction contracts and those contracts for which contractor
employees are within close proximity to children. After discussion, the Committee approved the City
Manager's recommendation that staff return with recommendations for addressing the need to conduct
background checks on the referenced service contracts.
At the September 30,2013 Committee meeting,staff presented recommendations(attached)regarding the
requirement to conduct background checks on employees of City contractors for the services referenced
above. The Committee discussed the staff recommendations and, after discussion, agreed to submit the
following recommendations for consideration by the Mayor and City Commission:
1. Service Contracts with Potential for Close Proximity to Children or Other Sensitive Areas of
Coverage. It is recommended that these contracts require that contractor employees:
• complete an Florida Department of Law Enforcement(FDLE) Level II background check; and
• carry a City-issued identification badge at all times while on City premises.
2. Construction Contracts. It is recommended that contractors be required to:
• maintain a daily record of all contractor and sub-contractor employees accessing a project site;
• file,with the corresponding City staff project administrator, copies of the daily record of personnel
accessing the site on a monthly basis, along with each payment application; and
• identify vehicle(s) stationed on project site with City approved dashboard signage.
RECOMMENDATION
The Administration recommends that the Mayor and City Commission accept the recommendation of the
Neighborhoods And Cultural Affairs Committee and adopt the Resolution, approving the implementation of
the aforementioned background check requirements for employees of City contractors and other security
measures.
Advisory Board Recommendation:
At its September 30, 2013 meeting,the Neighborhood and Community Affairs Committee recommended
the implementation of background check requirements for employees of certain City contractors and other
security measures to the Mayor and City Commission.
Financial Information:
Source of Amount Account
Funds:
2
OBPI Total
Financial Impact Summary:
City Clerk's Office Legislative Tracking:
Alex Denis, Extension 6641
Sign-Offs:
Departme irector Assistant City anager City a ger
AD KGB JLM
T:AGENDA\201310 er MProcurement\Background Checks Re�u ements-SUM.doc
MIAMIBEACH AGENDA.ITEM
DATE 10-16-I
MIAMI BEACH
City of Miami Beath, 1700 Convention Center Drive, Miami Beach, Florida 33139,www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Me bers of the i Commission
FROM: Jimmy L. Morales, City Manager
DATE: October 16, 2013
SUBJECT: A RESOLUTION OF THE MAYO AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA,_ ACCEPTING _THE RECOMMENDATION OF
THE NEIGHBORHOOD/COMMUNITY __ __ , AFFAIRS COMMITTEE
ADOPTING BACKGROUND CHECK REQUIREMENTS AND OTHER
SECURITY MEASURES FOR EMPLOYEES OF CITY CONTRACTORS.
ADMINISTRATION RECOMMENDATION
Adopt the resolution.
KEY INTENDED OUTCOME SUPPORTED
Maintain crime rates at or below national trends.
BACKGROUND
At its April 29, 2013, meeting, the Neighborhood and Community Affairs Committee (the
Committee) discussed the City's requirements for background checks conducted on
employees of City contractors. Specific discussions were had on construction contracts
and contracts for services with close proximity to children. After discussion, the
Committee approved the City Manager's recommendation that staff return with
recommendations for requiring background checks on employees of City contractors.
At the September 30, 2013 Committee meeting, staff presented recommendations
(attached) regarding the requirement to conduct background checks on employees of
City contractors for the services referenced above. The Committee discussed the staff
recommendations and, after discussion, agreed to submit the following
recommendations for consideration by the Mayor and City Commission:
1. Service Contracts with Potential for Close Proximity to Children or Other Sensitive
Areas of Coverage. It is recommended that these contracts require that contractor
employees:
• complete an Florida Department of Law Enforcement (FDLE) Level II background
check; and
• carry a City-issued identification badge at all times while on City premises.
2. Construction Contracts. It is recommended that contractors be required to:
• maintain a daily record of all contractor and sub-contractor employees accessing
a project site;
• file, with the corresponding City staff project administrator, copies of the daily
record of personnel accessing the site on a monthly basis, along with each
payment application; and
• identify vehicle(s) stationed on project site with City approved dashboard
signage.
CONCLUSION
The Administration recommends that the Mayor and City Commission accept the
recommendation of the Neighborhoods and Cultural Affairs Committee and adopt the
Resolution, approving the implementation of the aforementioned background check
require ents for employees of City contractors and other security measures.
JLM:K :AD
T:\AGENDA\2013\October 16\Procurement\Criminal Background Checksl- MEMO.doc
Neighborhood/Community Affairs Committee Meeting
September 30, 2013
A Discussion Regarding Criminal Background Checks For Employees Of City
Contractors And Spot Check Updates For Those Background Checks
Commission Item C40, February 6, 2013
Alex Denis, Procurement Director
Supplemental
ITEM #5
NCAC#14
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachfl.Bov
COMMITTEE MEMORANDUM
TO: Neighborhood/Community Affairs ommitt a Members
FROM: Jimmy L. Morales, City Manager
DATE: September 30, 2013
SUBJECT: DISCUSSION REGARDING RIMINAL BACKGROUND CHECKS FOR
EMPLOYEES OF CITY CONTR CTORS AND SPOT CHECK UPDATES FOR
THOSE BACKGROUND CHECKS
INTRODUCTION
At its April 29, 2013, meeting, the Neighborhood and Community Affairs Committee (the
Committee) discussed the City's requirements for background checks conducted on
employees of City Contractors. Specific discussions were had on construction contracts,
contracts for services with close proximity to children and on the requirements for contractor
employee background checks adopted by Miami-Dade County. After discussion, the
Committee approved the City Manager's recommendation that staff return with
recommendations for requiring background checks on employees of City contractors.
BACKGROUND
Background Checks on Employees of City Construction Contractors. Staff discussed
the issue of background checks with several governmental agencies, including Miami-Dade
County, the City of Miami and the Miami-Dade County School Board. Miami-Dade County
and the City of Miami do not conduct routine background checks on contractor employees,
except for high security contained sites such as the airport and seaport with controlled
access. The Miami-Dade County School Board does routinely require background checks
on contractor employees; however, all their sites are site contained with controlled access.
Staff was not able to identify any municipality that required background checks on contractor
employees for sites that did not have controlled access points.
Background Checks for Contractors Working on Sites with Close Proximity to
Children. Florida Statute 1012.467 requires background screening of individuals who
provide contracted non-instructional services to Florida public schools or districts when
students are present. The law requires that the background checks in these cases comply
with Florida Department of Law Enforcement (FDLE), Level II Screenings, which include
fingerprinting and background searches through local and national databases. Background
screening requirements for employees of Miami-Dade County School Board contractor
employees complies with the statutory requirement as does the policy of many non-school
agencies with programs in which children participate. Background checks processing are
handled on site by School Board personnel.
Miami-Dade County Requirements for Contractor Employee Background Checks for
Non-Construction Contracts. Miami-Dade County requirements for contractor employee
background checks for non-construction contracts vary by site. For example, the
requirement for contractor employees on airport and seaport facilities differs from the
requirements for correctional facilities, administrative offices, court houses, water and sewer
facilities and parks and recreational centers. There is no standard of background checks
across all county facilities or contracts.
Neighborhood/Community Affairs Committee
September 30,2013
Page 2 of 3
In some cases, background checks are conducted by County personnel. In other cases,
background checks are conducted by third-parties. For example, many of the background
checks for access to the airport and seaport facilities are conducted by the Transportation
Security Administration (TSA).
City of Miami Beach Current Practices. The City has an intergovernmental agreement
with the FDLE that gives the organization access to its Volunteer & Employee Criminal
History System (VECHS). Through VECHS, FDLE and the Federal Bureau of Investigations
(FBI) provide qualified organizations in Florida, state and national criminal history record
information on applicants, employees and volunteers; level II screenings. Submissions are
electronic and responses are usually received within 24 hours. Applicant and independent
contractor submissions cost $45 each and those for volunteers are $33. This fee is not
inclusive of the labor cost associated with taking the fingerprints, retrieving the information
and doing whatever follow-up is necessary.
On or about November 2012, the Human Resources Department started conducting
fingerprint-based criminal background checks on all temporary staffing agency employees
prior to them beginning their respective assignments with the City. Although the City's
contracts with the different staffing agencies require each to conduct criminal background
checks on their employees, the Administration decided that the only way to ensure they
were to the City's standard was to conduct the checks in-house. The City also conducts
criminal background checks on all volunteers, student interns and independent contractors,
when requested. Independent contractor employees are also currently checked upon
request.
The information received from these background checks do not tell the entire story and
when a report comes back with what is referred to as a "hit", additional work is required to
protect the City from charges of illegal discrimination. Staff needs to research and reach out
to other government agencies or to the individual for additional information. The fact of an
arrest does not establish that criminal conduct has occurred, and an exclusion from
employment based on an arrest, in itself, is not job related and consistent with business
necessity. However, an employer may make an employment decision based on the conduct
underlying an arrest if the conduct makes the individual unfit for the position. The line an
organization must walk is fine as blanket policies against hiring people who have been
arrested may have a disparate impact upon a protected group; incomplete and improper
background checks have the potential to one day expose the City to a negligent hiring
charge.
RECOMMENDATIONS
Based on the aforementioned, staff recommends the following regarding the requirement to
conduct background checks on employees of City contractors.
1. Service Contracts with Potential for Close Proximity to Children or Other
Sensitive Areas of Coverage. These contracts include services for janitorial,
security guards, grounds maintenance, temporary personnel and, independent
contractor agreements for coaching and recreational services. In these cases, it is
recommended that FDLE Level II background checks be completed. In order to
provide some safeguards assuring that the background check requirement has been
met, it is also recommended that employees for these service contracts be required
to carry City-issued badges at all times. Since the City's Human Resources
Department would need to retain outsourced resources or additional staffing to
absorb the impact of this new requirement, the cost for FDLE Level II background
checks and City ID cards, expected to be between $75.00 and $100.00, would be
Neighborhood/Community Affairs Committee
September 30,2013
Page 3 of 3
checks and City ID cards, expected to be between $75.00 and $100.00, would be
transferred to the applicable contractor. Between now and the meeting, staff will
conduct research and get a better indication of what is most commonly charged in
the community.
2. Construction Contracts. Because it is not possible on most City projects to control
access to construction sites, thereby limiting compliance, it is not recommended that
the City implement a general background check requirement for these service
contracts. Depending on the project, a case-by-case determination can be made for
requiring background checks for employees working on sensitive access controlled
sites, such as public safety site or sites under construction while children are
present. In developing this recommendation, staff considered recommending that the
City require contractors to conduct background checks on employees and, in the
event of a crime committed by a contractor employee, indemnify and hold the City
harmless for the actions of its employees. However, because of the high degree of
subcontracting and employee turnover on these projects, such a mandate would
impose possible liability concerns for contractors which may restrict the number of
contractors willing to compete for City contracts.
Notwithstanding the above, staff believes there may be value in requiring City
contractors to maintain a daily record of all contractor and sub-contractor employees
accessing a project site. The daily record of personnel would be required to be
submitted to the City monthly along with each payment application. In the event of
any criminal activity in the vicinity of a project site, the daily record of personnel
accessing the site may facilitate investigations by the Police Department, as well as
act as a deterrent to criminal activity.
CONCLUSION
The Administration recommends that the Committee approve the aforementioned
background check requirements. As of this writing, the Human Resources Department
cannot accurately determine whether it has the capacity to absorb the increased activity. As
a point of information, in August 2013, the department spent $4,033 in pre-employment
criminal background checks, more than double the amount spent in July; $1,818. Therefore,
the $100.00 charge per person to the contractors is designed to offset additional staffing
expenses the department may incur. If after several months of performing the work in-
house, the Human Resources Department determines the City is better served by
contracting out the work, the Committee is encouraged to recommend to the Mayor and City
Commission to approve the issuance of a solicitation for background screening services for
the employees of City contractors.
J LM/KG 81AD1CD
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