2010-27499 Reso2010-27499
RESOLUTION NO
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 SAT TUTORING; SCHOOL LIAISON OFFICERS; .RESIDENT
PROJECT REPRESENTATIVES (RPR); COMMUNITY INFORMATION
SERVICES; CONSTRUCTION COST ESTIMATING/CONSULTING SERVICES;
TELEVISION PRODUCTION SERVICES; VIDEOGRAPHER SERVICES;
GRAPHIC DESIGNER SERVICES; PROGRAM MONITOR SERVICES; COST
ALLOCATION .SERVICE; 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) .2010/2011 ANNUAL BUDGET; 2) THE TERM OF ANY SERVICES
AGREEMENT .AUTHORIZED HEREIN SHALL NOT .EXTEND BEYOND THE
END OF FY 2010/2011 (SEPTEMBER 30, 2011); 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 _C.ONTRACTOR .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 .SAT Tutoring for the Parks and Recreation
Department; School ; iaison Officers for the Police Department; Resident Project
Representatives (RPR); Community Information Services; Construction Cost
Estimating/Consulting Services for the Capital Improvement Projects (CIP) Office;
Television Production Services, Videographer Services, and Graphic Designer Services
for the Office of Communications; Homeless Outreach; Housing Services; Tutoring
Services and Program Monitor Services for the Office of Real Estate, Housing and
Community Development; Cost Allocation Services for the Finance Department; 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
2010/2011 Annual Budget;
• the term 'of the agreement shall not extend beyond the end of FY 2010/2011
(September 30, 2011); and
-• any agreement entered into will contain, at a minimum, the provisions outlined
in the City's standard form agreement for independent contractors; and
WHEREAS, t'~ a City Commission granted similar authority to the City Manager on
December 9, 2009 for FY 2009/2010, and since that time, only four (4) agreements for
School Liaison-Officers were executed pursuant to that authority; and
WHEREAS, during the discussions for the initial authority, it was said that this
authority would be brought back for renewal on an annual basis as part of the budget
process, as the authority expires at the end of the fiscal year.
NOW, THERE~1
COMMISSION OF TE
authorized, on behalf I~
for the following servic
of the City: Dance li
Aerobics Instruction; F
Officers; Resident Pr,
Construction Cost E
Videographer Service
Auditors; provided furl
into, and execute tl
parameters: 1) the arr
under such agreemer
services, as set forth it
the term of any servicE
FY 2010/2011 (Septen
any independent contr
the City's standard fora
incorporate additional
more lenient; and 4) p
'ORE, BE IT. DULY RESOLVED BY THE MAYOR AND THE CITY
E CITY OF MIAMI BEACH, FLORIDA, that the City Manager is
if the City, to enter into certain independent contractor agreements
~s, as required and as the City Manager deems in the best interest
~struction; Ice Skating Instruction; Athletics Instruction/Coaching;
'tness Instruction; Literacy, Math and SAT Tutoring; School Liaison
eject Representatives (RPR); Community Information Services;
~timating/Consulting Services; Television Production Services;
~; Graphic Designer Services; Program Monitor Services; and
her that the City Manager shall be authorized to negotiate, enter
e aforestated agreements subject to the following minimum
ount of the fee and/or other compensation. to be paid by the City
t(s} shall not exceed the authorized amount for the respective
i the City's approved Fiscal Year (FY) .2010/2011 Annual Budget; 2)
~s agreement authorized herein shall not extend beyond the end of
fiber 30, 2011); 3) at a minimum, the City Manager shall require that
actor agreement entered into pursuant to this resolution shall utilize
for independent contractors, provided that the City Manager may
terms, which may be more stringent than the City's form, but not
~oviding 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 b ~ dget approvals.
PASSED and ADOPTED this a~~a day of ~2p~ew, (oer , 2010.
.ATTEST:
CITY CLE K O
T:\AGENDA\2010\September 20\Consent\Independent Contractor_Resos.doc ,
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