2013-28370 Reso RESOLUTION NO: 2013-28370
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:
ATHLETICS INSTRUCTION/COACHING/REFEREEING, INCLUDING BUT
NOT LIMITED TO, THE FOLLOWING CATEGORIES: BASEBALL,
SOFTBALL, SOCCER, GYMNASTICS, CHEERLEADING, VOLLEYBALL; ICE
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; SUMMER
CAMP INSTRUCTION; SPECIAL NEEDS CHILDREN INSTRUCTION;
INSTRUCTION/TUTORING, INCLUDING BUT NOT LIMITED, TO 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 III DISCIPLINARY
GRIEVANCE HEARING OFFICER; AUDITORS; HISTORICAL RESEARCHER;
LATENT EXAMINER SERVICES; MEDICAL DIRECTOR AND
ACCREDITATION SERVICES/SUPPORT; PSYCHOLOGICAL AND TESTING
SERVICES; PROFESSIONAL TRAINING SERVICES, INCLUDING BUT NOT
LIMITED TO, SEXUAL HARASSMENT, DIVERSITY AND TEAM BUILDING;
PROVIDED FURTHER THAT THE CITY MANAGER SHALL BE AUTHORIZED
TO NEGOTIATE, ENTER INTO, AND EXECUTE THE AFORESTATED
AGREEMENTS SUBJECT TO THE FOLLOWING PARAMETERS: 1) THE
AMOUNT OF THE FEE OR OTHER COMPENSATION 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) 2013/2014 ANNUAL BUDGET; 2) THE TERM OF ANY
SERVICE AGREEMENT AUTHORIZED HEREIN SHALL NOT EXTEND
BEYOND THE END OF FY 2013/2014 (SEPTEMBER 30, 2014); 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, BUT NOT MORE LENIENT; 4) REQUIRING THE CITY
MANAGER TO ISSUE A LETTER TO COMMISSION EACH FISCAL
i
QUARTER COMMENCING ON JANUARY 1, 2014, WHICH DELINEATES
THOSE INDEPENDENT CONTRACTOR AGREEMENTS THAT EXCEED
$25,000 AND 5) 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, the City budgets for certain services are to be provided each year in its
annual operating budget for those respective departments; and
WHEREAS, some of the budgeted services 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, medical examiner 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; video production services, photography/videography services, and graphic design
services for the Office of Communications; Homeless Outreach; Housing Services; tutoring
services and program monitoring services for the Office of Real Estate, Housing and
Community Development; cost allocation services for the Finance Department; auditing services
for the Office of Budget and Performance Improvement; job audit/surveys and Step III grievance
hearing officer for the Human Resources Department; and historical research services for the
Planning Department; and
WHEREAS, the City Code requires contracts in excess of $25,000 to be approved by
the City Commission, and agreements for these services have typically been limited to that
maximum amount; and
WHEREAS, in those limited circumstances where independent contractor agreements
exceed the $25,000 threshold amount, the independent contractor agreement is brought to the
City Commission for approval; and
WHEREAS, in order to coordinate the execution of these agreements as 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 be limited to the services or work specifically listed in this
Resolution;
• The value of the agreement will not exceed the authorized amount for the respective
services or work, as set forth in the approved FY 2013/2014 annual budget;
• The term of the agreement shall not extend beyond FY 2013/2014 (September 30,
2014); and
• Any agreement entered into will contain, at 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
• The City Manager must issue a Letter to Commission ("LTC") each fiscal quarter,
commencing on January 1, 2014, which delineates those Independent Contractor
Agreements that exceed the $25,000;
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 September 27, 2012, for FY 2012/2013; and
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, 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: athletics
instruction/coaching/refereeing, including but not limited to, the following categories: baseball,
softball, soccer, gymnastics, cheerleading, volleyball; ice 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;
summer camp instruction; special needs children instruction; instruction/tutoring, including but
not limited, to 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
III disciplinary grievance hearing officer; auditors; historical researcher; latent examiner
services; medical director and accreditation services/support; psychological and testing
services; professional training services, including but not limited to, sexual harassment, diversity
and team building; provided further that the City Manager shall be authorized to negotiate, enter
into, and execute the aforestated agreements subject to the following parameters: 1) the
amount of the fee or other compensation 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) 2013/2014 annual budget; 2) the term of any service agreement authorized herein shall not
extend beyond the end of FY 2013/2014 (September 30, 2014); 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,
but not more lenient; 4) requiring the City Manager to issue a letter to commission each fiscal
quarter commencing on January 1, 2014, which delineates those Independent Contractor
Agreements that exceed $25,000 and 5) 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..
PASSED and ADOPTED this 3°f�' day of /�'�`y"
ATTEST BY:
MA OR MATT HE ERA BOWER
RAF EL E. GRAIVADO, CITY CLE � i.• -�
.INCORP ORATED: APPROVED AS TO
FORM&LA GUACE
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H21I A ORNEY D