2015-29147 Reso RESOLUTION NO. 201529147
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) 2015/2016 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 2015/2016 (SEPTEMBER 30, 2016);
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, 2016, 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
2015/2016 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, 2016; 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, 2016, 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, on September 30, 2013 for FY
2013/14; on September 30, 2014 for FY 2014/15; 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
9 Y 9
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 2015/2016 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 2015/2016 (September 30, 2016); 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 30 day of 5R fifern be'(` , 2015.
VI\1 .9�''4
ATTEST: ��' •, ✓
INCORP ORATED: 6 y, J/7.
Rafael E. Granado, City t lerk 41, CH 7c 'r`Phili e'Levi`l_ /5��or
f r
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
City Attorney
11/5,
Date
COMMISSION ITEM SUMMARY
Condensed Titles:
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)2015/2016 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 2015/2016(September
30, 2016); 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.
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,including but not limited to:athletics
instruction/coaching/refereeing, 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..
Key Intended Outcome Supported:
(1)Streamline the delivery of services through all departments, (2)ensure expenditure trends are sustainable over the
long run •
Item Summary/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 2015/16 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 Assist. City M ager Cit, anager
Sylvia Crespo-abak Ma.k . Jimmy L. Morale l,
d.• �I
- AGENDA OTEM R11=
I E CH DATE I-30-1S
CIA- 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 Ci Commission
FROM: Jimmy L. Morales City Manager �_-
DATE: September 30, 2015
SUBJECT: 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) 2015/2016 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 2015/2016 (SEPTEMBER 30, 2016); 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, 2016,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.
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 AGREEMENT S 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
Commission Agenda Item, Independent Contractor Agreements
September 30,2015
Page 2
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,YOUTH,AND BABY
BOOT CAMP; ; CARE COORDINATION SERVICES; MENTAL HEALTH
SERVICES; INTAKE (ASSESSMENT) SERVICES; FAMILY GROUP
CONFERENCING; MENTORING SERVICES; BEHAVIOR MODIFICATION
SERVICES; EMPLOYMENT SESSIONS; FAMILY FUNCTIONAL
THERAPY; FAMILY HOME VISITATION SERVICES; PARENTING GROUP
SERVICES; ALTERNATIVE SUSPENSION SERVICES; RESTORATIVE
JUSTICE TECHNIQUES; ONE-ON-ONE SHADOWS TO WORK WITH
YOUTH WITH SPECIAL NEEDS; STEM (SCIENCE, TECHNONOLGY,
ENGINEERING AND MATHEMATICS)ACTIVITIES; SCHOOL LIAISONS
FOR REFERRAL OF CARE COORDINATION SERVICES; RESIDENT
PROJECT REPRESENTATIVES (RPR); REPORTING REQUIREMENTS
ASSOCIATED WITH THE PATIENT PROTECTION AND AFFORDABLE
CARE ACT; ACTUARIAL SERVICES; COMMUNITY/PUBLIC
INFORMATION SERVICES; CONSTRUCTION COST
ESTIMATING/CONSULTING SERVICES; VIDEO PRODUCTION
SERVICES; PHOTOGRAPHYNIDEOGRAPHY 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;AFTER-ACTION SERVICES; PROVIDED FURTHER THAT THE
CITY MANAGER SHALL BE AUTHORIZED TO NEGOTIATE, ENTER
Commission Agenda Item, Independent Contractor Agreements
September 30, 2015
Page 3
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) 2015/2016 ANNUAL BUDGET; 2) THE TERM OF ANY SERVICE
AGREEMENT AUTHORIZED HEREIN SHALL NOT EXTEND BEYOND
THE END OF FY 2015/2016 (SEPTEMBER 30, 2016); 3)AT A MINIMUM,
THE CITY MANAGER SHALL REQUIRE THAT ANY AGREEMENT
ENTERED INTO PURSUANT TO THIS RESOLUTION SHALL UTILIZE THE
CITY'S 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 on 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. Sometimes, 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 2015/16, 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 2015/16 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, 2016.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.
Commission Agenda Item, Independent Contractor Agreements
September 30, 2015
Page 4
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.
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, 2014, for the fiscal year ending September 30, 2015. 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 2015/16.
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 Ill 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 2015/16 operating budget;
• The term of the agreement shall not extend beyond the end of FY 2015/16 (September
Commission Agenda Item, Independent Contractor Agreements
September 30,2015
Page 5
30, 2016); 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.
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 2015/16.
The Administration recommends adopting both Resolutions.
Attachment
JLM/MT/SC-T
INDEPENDENT CONTRACTOR AGREEMENT
This Agreement is entered into on this day of , between [ENTER
FULL NAME OF CONTRACTOR] (Contractor), and the City of Miami Beach, Florida(City),
for a period of[ENTER DURATION/TERM OF AGREEMENT],with an effective starting date
of[ ], and an end date of[ ] (the Term).
1. Scope of Work/Services.
This Agreement is for the purpose of providing [PROVIDE BRIEF
DESCRIPTION/SUMMARY OF WHAT CONTRACTOR WILL DO] to the City's
[ ] Department. Specifically, throughout the Term of this
Agreement, Contractor shall provide and/or perform the following minimum services:
[INSERT DETAILED AND/OR ITEMIZED DESCRIPTION OF WORK AND/OR
SERVICES CONTRACTOR WILL PROVIDE]
2. Fee.
In consideration of the work and/or services to be provided pursuant to this Agreement,the
City agrees to pay Contractor a fee, in the not to exceed amount of I FILL IN TOTAL
$AMOUNT], which shall be paid as follows:
[INSERT,IN DETAIL, HOW FEE WILL BE PAID. INCLUDE WHETHER
FEE WILL BE PAID HOURLY,WEEKLY, MONTHLY,ETC.;WHETHER
IT'S SUBJECT TO CONTRACTOR PROVIDING TIME SHEETS, OR
WORK SCHEDULE, ETC.1
The total fee paid to Contractor pursuant to this Agreement shall not exceed[FILL IN A NOT
TO EXCEED AMOUNTI for the Term provided herein.
3. Work Schedule.
During the Term of the Agreement, Contractor shall provide the work and/or services in
accordance with the following minimum work schedule:
!INSERT WORK SCHEDULE (EXAMPLE: MON — FRI, 9 AM TO 5PM,
EXCLUDING RECOGNIZED CITY HOLIDAYS). IF IT'S ANOTHER
TYPE OF SCHEDULE SUCH AS ON AN HOURLY BASIS OR ONLY ON
SPECIFIC DAYS, BE SPECIFIC AS TO MINIMUM HOURS OR DAYS
CONTRACTOR IS EXPECTED TO WORK IN ORDER TO GET PAID
THE FEE SET FORTH HERE.]
Contractor's work and/or services shall be overseen by the following City
Department/Individual: [INSERT TITLE, DEPARTMENT OF CITY (INDIVIDUAL
OVERSEEING SERVICES).]
4. Termination.
This Agreement may be terminated for convenience of either party,with or without cause, by
giving written notice to the other party of such termination, which shall become effective
upon fourteen(14)days following receipt by the other party of the written termination notice.
Upon termination in accordance with this paragraph, the Contractor shall be paid a sum
equal to all payments due to him/her up to the date of termination; provided Contractor is
satisfactorily continuing to satisfactorily perform all work and/or services up to the date of
termination. Thereafter, the City shall be fully discharged from any further liabilities, duties,
and terms arising out of, or by virtue of, this Agreement.
5. Indemnification/Hold Harmless.
Contractor agrees to indemnify, defend, and hold harmless the City of Miami Beach and its
officers, employees and agents, from and against any and all actions, claims, liabilities,
losses and expenses, including but not limited to, attorney's fees, for personal economic or
bodily injury, wrongful death, loss of or damage to property, at law or in equity, which may
arise or be alleged to have arisen from the negligent acts or omissions or other wrongful
conduct of Contractor, and/or any and all subcontractors, employees, agents, or any other
person or entity acting under Contractor's control, in connection with the Contractor's
performance of the work and/or services pursuant to this Agreement. Contractor shall pay
all such claims and losses and shall pay all costs and judgments which may arise from any
lawsuit arising from such claims and losses, and shall pay all costs and attorney's fees
expanded by the City in defense of such claims and losses, including appeals. The parties
agree that one percent(1%) of the total compensation to Contractor for performance of the
work and/or services under this Agreement is the specific consideration from the City to
Contractor for the Contractor's agreement to indemnify and hold the City harmless, as
provided herein. Contractor and the City hereby agree and acknowledge that this indemnity
provision is intended to and shall survive the termination (or earlier expiration) of this
Agreement.
6. Limitation of Liability.
The City desires to enter into this Agreement only if in so doing the City can place a limit on
City's liability for any cause of action for money damages due to an alleged breach by the
City of this Agreement, so that its liability for any such breach never exceeds the sum of the
compensation/fee to be paid to Contractor pursuant to this Agreement, less any amounts
actually paid by the City as of the date of the alleged breach. Contractor hereby expresses
his willingness to enter into this Agreement with Contractor's recovery from the City for any
damage action for breach of contract to be limited to a maximum amount equal to the
compensation/fee to be paid to Contractor pursuant to this Agreement, less any amounts
actually paid by the City as of the date of the alleged breach. Accordingly, and
notwithstanding any other term or condition of this Agreement, Contractor hereby agrees
that the City shall not be liable to Contractor for damages in the amount in excess of the
compensation/fee to be paid to Contractor pursuant to this Agreement, less any amounts
actually paid by the City as of the date of the alleged breach, for any action or claim for
breach of contract arising out of the performance or non-performance of any obligations
imposed upon the City by this Agreement. Nothing contained in this subparagraph or
elsewhere in this Agreement is in any way intended to be a waiver of the limitation placed
upon City's liability as set forth in Section 768.28, Florida Statutes.
7. Notices.
All notices and communications in writing required or permitted hereunder may be
delivered personally to the representatives of the Contractor and the City listed below or
may be mailed by registered mail, postage prepaid(or airmailed if addressed to an address
outside of the city of dispatch).
Until changed by notice in writing, all such notices and communications shall be addressed
as follows:
CONTRACTOR: [INSERT NAME OF CONTRACTOR]
[INSERT ADDRESS OF CONTRACTOR]
[INSERT PHONE NUMBER]
CITY: [INSERT DEPARTMENT DIRECTOR]
City of Miami Beach
[INSERT DEPARTMENT NAME]
1700 Convention Center Drive
Miami Beach, FL 33139
(305)
Notices hereunder shall be effective:
If delivered personally, on delivery; if mailed to an address in the city of dispatch, on the day
following the date mailed; and if mailed to an address outside the city of dispatch on the
seventh day following the date mailed.
8. Venue.
This Agreement shall be governed by, and construed in accordance with, the laws of the
State of Florida, both substantive and remedial, without regard to principles of conflict of
laws. The exclusive venue for any litigation arising out of this Agreement shall be
Miami-Dade County, Florida, if in state court, and the U.S. District Court,Southern District of
Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT, CITY AND
CONTRACTOR EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A
TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS
AGREEMENT.
9. Duty of Care/Compliance with Applicable Laws.
With respect to the performance of the work and/or service contemplated herein,
Contractor shall exercise that degree of skill, care, efficiency and diligence normally
exercised by reasonable persons and/or recognized professionals with respect to the
performance of comparable work and/or services.
In its performance of the work and/or services, Contractor shall comply with all applicable
laws, ordinances, and regulations of the City, Miami-Dade County,the State of Florida,and
the federal government, as applicable.
The Contractor agrees to adhere to and be governed by the Miami-Dade County Conflict of
Interest Ordinance, as same may be amended from time to time; and by any and all
ethics/standards of conducts as referenced in Chapter 2 of the City of Miami Beach Code
(as may be amended from time to time).
Contractor covenants that it presently has no interest and shall not acquire any interest,
direct or indirectly which should conflict in any manner or degree with the performance of
the work and/or services. Contractor further covenants that in the performance of work
and/or services under this Agreement, no person having any such interest shall knowingly
be employed by the Contractor. No member of or delegate to the Congress of the United
States shall be admitted to any share or part of this Agreement or to any benefits arising
there from.
10. CONTRACTOR'S COMPLIANCE WITH FLORIDA PUBLIC RECORDS LAW
Pursuant to Section 119.0701 of the Florida Statutes, if the Contractor meets eets the definition of
"Contractor" as defined in Section 119.0701(1)(a), the Contractor shall:
a) Keep and maintain public records that ordinarily and necessarily would be required
by the public agency in order to perform the service;
b) Provide the public with access to public records on the same terms and conditions
that the public agency would provide the records and at a cost that does not exceed
the cost provided in this chapter 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;and
d) Meet all requirements for retaining public records and transfer to the City, at no City
cost, all public records created, received, maintained and/or directly related to the
performance of this Agreement that are in possession of the Contractor upon
termination of this Agreement. Upon termination of this Agreement,the Contractor
shall destroy any duplicate public records that are exempt or confidential and
exempt from public records disclosure requirements. All records stored
electronically must be provided to the City in a format that is compatible with the
information technology systems of the City.
For purposes of this section, the term "public records" shall mean all documents, papers,
letters, maps, books,tapes, photographs,films,sound recordings,data processing software,
or other material, regardless of the physical form, characteristics, or means of transmission,
made or received pursuant to law or ordinance or in connection with the transaction of
official business of the City.
Contractor's failure to comply with the public records disclosure requirement set forth in
Section 119.0701 of the Florida Statutes shall be a breach of this Agreement.
In the event the Contractor does not comply with the public records disclosure requirement
set forth in Section 119.0701 of the Florida Statutes, the City'may, at the City's sole
discretion, avail itself of the remedies set forth under this Agreement and available at law.
11. Ownership of Documents/Patents and Copyrights.
Any and all documents prepared by Contractor pursuant to this Agreement are related
exclusively to the work and/or services described herein, and are intended or represented for
ownership by the City. Any re-use distribution,or dissemination of same by Contractor,other
than to the City, shall first be approved in writing by the City Manager, which approval, if
granted at all, shall be at the City Manager's sole and absolute discretion.
Any patentable and/or copyrightable result arising out of this Agreement, as well as all
information, specifications, processes, data and findings, shall be made available to the
City, in perpetuity, for public use.
No reports, other documents, articles or devices produced in whole or in part under this
Agreement shall be the subject of any application for patent or copyright by or on behalf of
the Contractor (.or its employees or sub-contractors, (if any) without the prior written
consent of the City Manager, which consent, if given at all, shall be at the Manager's sole
and absolute discretion.
12. No Assignment/Transfer.
This section intentionally left blank.
13. Liability for Sub-contractors.
Contractor shall be liable for its work and/or services, responsibilities and liabilities under
this Agreement and the services, responsibilities and liabilities of any sub-contractors (if
any), and any other person or entity acting under the direction or control of Contractor(if
any). When the term"Contractor"is used in this Agreement, it shall be deemed to include
any sub-contractors (if any) and/or any other person or entity acting under the direction or
control of Contractor(if any). All sub-contractors(if any) must be approved in writing by the
City Manager prior to their engagement by Contractor, which approval, if granted at all,
shall be at the City Manager's sole and absolute discretion.
14. Independent Contractor/No Joint Venture.
THIS AGREEMENT SHALL NOT CONSTITUTE OR MAKE THE PARTIES A
PARTNERSHIP OR JOINT VENTURE. FOR THE PURPOSES OF THIS AGREEMENT,
THE CONTRACTOR SHALL BE DEEMED TO BE AN INDEPENDENT CONTRACTOR,
AND NOT AN AGENT OR EMPLOYEE OF THE CITY, AND SHALL NOT ATTAIN ANY
RIGHTS OR BENEFITS UNDER THE CIVIL SERVICE OR PENSION ORDINANCE OF
THE CITY,OR ANY RIGHT GENERALLY AFFORDED CLASSIFIED OR UNCLASSIFIED
EMPLOYEES INCLUDING ANNUAL AND SICK DAY ACCRUAL. FURTHER, THE
CONTRACTOR SHALL NOT BE DEEMED ENTITLED TO FLORIDA WORKER'S
COMPENSATION BENEFITS AS AN EMPLOYEE OF THE CITY OR ACCUMULATION OF
SICK OR ANNUAL LEAVE.
15. Waiver of Breach.
A party's failure to enforce any provision of this Agreement shall not be deemed a waiver of
such provision or modification of this Agreement. A party's 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.
16. Severance.
In the event this Agreement or 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
elects to terminate this Agreement.
17. Joint Preparation.
The parties hereto 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 a joint
effort of the parties, the language has been agreed to by parties to express 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.
18. Purchase Order Requirement.
This agreement shall not be effective until executed by the parties hereto and until the City
has issued a Purchase Order for this agreement.
19. Entire Agreement.
This writing and any exhibits and/or attachments incorporated (and/or otherwise referenced
for incorporation herein) embody the entire Agreement and understanding between the
parties hereto, and there are no other agreements and understandings, oral or written, with
reference to the subject matter hereof that are not merged herein and superseded hereby.
IN WITNESS WHEREOF,the parties hereto have caused these presents to be executed by
the respective officials thereunto duly authorized, this date and year first above written.
FOR CITY: CITY OF MIAMI BEACH, FLORIDA
ATTEST:
By:
City Clerk City Manager
FOR CONTRACTOR: [INSERT CONTRACTOR NAME'
WITNESS:
By:
Signature
Print Name
By:
Print Name/Title
Print Name
Approved: Approved as to form & language &
for execution.
Department Director City Attorney Date
Office of Budget and Performance Improvement
Human Resources