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2012-28020 Reso RESOLUTION NO: 2012 -28020 i 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; COMPUTER (IT) SERVICES; 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; JOB AUDITS; STEP III DISCIPLINARY GRIEVANCE HEARING OFFICER; AUDITORS; . HISTORICAL RESEARCHER; AND LATENT EXAMINER SERVICES; 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 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) 2012/2013 ANNUAL BUDGET; 2) THE TERM OF ANY SERVICES AGREEMENT AUTHORIZED HEREIN SHALL NOT EXTEND BEYOND THE END OF FY 2012/2013 (SEPTEMBER 30, 2013); 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, Computer (IT) Services and Literacy, Math and SAT Tutoring for the Parks and.Recreation Department; School Liaison Officers, Latent Examiner Services,. and Accreditation services /support 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; Auditor Services for the Office of Budget and Performance Improvement Job Audits /Surveys :and Step III Disciplinary Grievance Hearing Officer for the Human Resources Department; and Historical Researcher Services for the Planning Department. 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 that 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 2012/2013 Annual Budget; • The term of the agreement shall not extend beyond the end of FY 2012/2013 (September 30, 2013); and • Any agreement entered into will contain, at a; minimum, the provisions outlined in the City's standard form agreement for independent contractors (a copy of which is attached hereto and incorporated herein); and WHEREAS, the City. Commission granted similar authority to the City Manager on September 20,'2010 for FY 2010/2011 and renewed the authority on September 27, 2011 for FY 2011/2012; 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, 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 Instruction /Coaching; Aerobics Instruction; Fitness Instruction; Computer (IT) Services; 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; Auditors; Job Audits /Surveys; Step III Disciplinary Grievance Hearing, Officer; Historical Researcher; and Latent Examiner Services; provided further that the City Manager shall be authorized to negotiate, enter into, and execute the 'aforementioned 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) 2012/2013 Annual'.Budget; 2) the term of any services. agreement authorized herein shall not extend beyond the end of FY 2012/2013 (September 30, 2013); 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 arinually as part of the annual operating budget approvals. PASSED and ADOPTED this 2 71 4day of S fex* ✓. 2012. ATTEST: CITY CLERK R T:WGENDA \2012 \9- 27- 12 \Inde n en{C a o �stss'0.12:20d3. c INCORP ORATED:. H2 APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION r orney 4 a q t I i i i I