2009-27287 ResoRESOLUTION NO. 2009-27287
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: DANCE
INSTRUCTION; ICE SKATING INSTRUCTION; ATHLETICS INSTRUCTION/
COACHING; AEROBICS INSTRUCTION; FITNESS INSTRUCTION; LITERACY,
MATH AND S.A.T. TUTORING; SCHOOL LIAISON OFFICERS; TELEVISION
PRODUCTION SERVICES; VIDEOGRAPHER SERVICES; GRAPHIC
DESIGNER SERVICES; PROGRAM MONITOR SERVICES; AND AUDITORS;
PROVIDED FURTHER THAT THE CITY MANAGER SHALL BE AUTHORIZED
TO NEGOTIATE, ENTER INTO, AND EXECUTE THE AFORESTATED
AGREEMENTS SUBJECT TO THE FOLLOWING MINIMUM PARAMETERS: 1)
THE AMOUNT OF THE FEE AND/OR OTHER COMPENSATION TO BE PAID
BY THE CITY 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) 2009/2010 ANNUAL BUDGET;
2) THE TERM OF ANY SERVICES AGREEMENT AUTHORIZED HEREIN
SHALL NOT EXTEND BEYOND THE END OF FY 2009/2010 (SEPTEMBER 30,
2010); 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 THAN THE CITY'S FORM, 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 ANNUALLY AS PART OF THE ANNUAL
OPERATING BUDGET APPROVALS.
WHEREAS, the City budgets for certain services to be provided each year in its
annual operating budget in the respective departmental budgets; and
WHEREAS, some of the services budgeted include: Dance Instruction, Ice
Skating Instruction, Athletics Instruction/Coaching, Aerobics Instruction, Fitness
Instruction, and Literacy, Math and S.A.T. Tutoring for the Parks and Recreation
Department; School Liaison Officers for the Police Department; Television Production
Services, Videographer Services, and Graphic Designer Services for the Office of
Communications; Program Monitor Services for the Office of Real Estate, Housing and
Community Development; and Auditor Services for the Office of Budget and Performance
Improvement; and
WHEREAS, because the City Code requires contracts in excess $25,000 to be
approved by the City Commission, agreements for these services have typically been
limited to that 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 coordinate the execution of agreements for~the kind of
services and/or work referenced herein, 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 which may exceed
$25,000, subject to the following parameters:
• the agreements will only be limited to the services and/or work specifically
listed in this Resolution;
• the value of the agreement will not exceed the authorized amount for the
respective services and/or work, as set forth in the City's Approved FY
2009/2010 Annual Budget;
• the term of the agreement shall not extend beyond the end of FY 2009/2010
(September 30, 2010); and
• any agreement entered into will contain, at a minimum, the provisions outlined
in the City's standard form agreement for independent contractors.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the City Manager is
authorized, 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: Dance Instruction; Ice Skating Instruction; Athletics lnstruction/Coaching;
Aerobics Instruction; Fitness Instruction; Literacy, Math and S.A.T. Tutoring; School
Liaison Officers; Television Production Services; Videographer Services; Graphic
Designer Services; Program Monitor Services; and Auditors; provided further that the City
Manager shall be authorized to negotiate, enter into, and execute the aforestated
agreements subject to the following minimum parameters: 1) the amount of the fee and/or
other compensation to be paid by the City 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) 2009/2010 Annual Budget; 2) the term of any services agreement authorized
herein shall not extend beyond the end of FY 2009/2010 (September 30, 2010); 3) 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 than the City's form, 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 annually as part of the annual operating budget
approvals.
PASSED and ADOPTED this 9th day of December , 2009.
ATTEST:
CITY CLERK
Robert Parcher
AYR AP OVED AS TO
Matti Herrera Bower FORM&LANGUAGE
T:wGENDA\2009\December 9\Consent\Independent Contractor Resos.doc ~y~fOR EXECUTION
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