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:.
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APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
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