Resolution 2018-30133RESOLUTION NO.
2018- 30133
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) 2017/2018 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 2017/2018 (SEPTEMBER 30, 2018);
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 THE CITY
COMMISSION MEMORANDUM ACCOMPANYING 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, 2018, WHICH
DELINEATES THOSE INDEPENDENT CONTRACTOR AGREEMENTS THAT
EXCEED $50,000 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 contractor 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
2016/2017 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, 2018; 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, 2018, which delineates those Independent Contractor
Agreements that exceed the $50,000 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; on September 30, 2015 for FY 2015/16; and
on September 30, 2016 for FY 2016/2017
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.
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 retroactively authorize 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 2017/2018 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 2017/2018 (September 30,
2018); 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 the City Commission Memorandum accompanying 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 1,2018, which delineates those
independent contractor agreements that exceed $50,000.00; 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 a part of the annual operating budget approval.
PASSED and ADOPTED this /7 day of •A1U -avyy , 2018.
ATTEST:
Rafael
. Granad
20.
City CI rk
Dan Gelber, Mayor
APPR AS TO
F & L GUAGE
ECUTION
City Attorney
< <if le
ate
MIAM
BEACH
Resolutions - C7 C
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: January 17, 2018
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) 2017/2018 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 2017/2018
(SEPTEMBER 30, 2018); 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
THE CITY COMMISSION MEMORANDUM ACCOMPANYING 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, 2018,
WHICH DELINEATES THOSE INDEPENDENT CONTRACTOR AGREEMENTS
THAT EXCEED $50,000 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.
RECOMMENDATION
The Administration recommends adopting both Resolutions.
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.
Page 148 of 923
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 2017/18, the City - Commission reauthorize the City Manager to negotiate,
enter into, and execute independent contractor agreements, including some at an amount exceeding
$50,000, 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
2017/18 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, 2018. 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.
• 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
$50,000 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.
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, and on September 30, 2015, for the
fiscal year ending September 30, 2016, , and on September 30, 2016, for the fiscal year ending
September 30, 2017. 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 2017/18.
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
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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 111 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-$50,000, 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 2017/18 operating budget;
• The term of the agreement shall not extend beyond the end of FY 2016/17 (September 30,
2017); 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 Manager be subject to monitoring through periodic Letters to the
Commission (LTC), identifying any independent contractor agreement that exceeds the $50,000
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
$50,000 threshold. This updated resolution is for FY 2017/18.
Legislative Tracking
Human Resources
ATTACHMENTS:
Description
Page 150 of 923
D Resolution
Page 151 of 923