2015-29148 Reso RESOLUTION NO. 2015-29148
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; RECREATIONAL
PROGRAMMING AND INSTRUCTION; INSTRUCTION AND THERAPY FOR
PARTICIPANTS WITH SPECIAL NEEDS, INCLUDING BUT NOT LIMITED TO
EDUCATION, HEALTH AND WELLNESS; 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, YOUTH,
AND BABY BOOT CAMP; ; CARE COORDINATION SERVICES; MENTAL
HEALTH SERVICES; INTAKE (ASSESSMENT) SERVICES; FAMILY GROUP
CONFEREN CING; MENTORING SERVICES; BEHAVIOR MODIFICATION
SERVICES; EMPLOYMENT SESSIONS; FAMILY FUNCTIONAL THERAPY;
FAMILY HOME VISITATION SERVICES; PARENTING GROUP SERVICES;
ALTERNATIVE SUSPENSION SERVICES; RESTORATIVE JUSTICE
TECHNIQUES; ONE-ON-ONE SHADOWS TO WORK WITH YOUTH WITH
SPECIAL NEEDS; STEM (SCIENCE, TECHNOLOGY, ENGINEERING AND
MATHEMATICS) ACTIVITIES; SCHOOL LIAISONS FOR REFERRAL OF
CARE COORDINATION SERVICES; RESIDENT PROJECT
REPRESENTATIVES (RPR); REPORTING REQUIREMENTS ASSOCIATED
WITH THE PATIENT PROTECTION AND AFFORDABLE CARE ACT;
ACTUARIAL SERVICES; COMMUNITY/PUBLIC INFORMATION SERVICES;
CONSTRUCTION COST ESTIMATING/CONSULTING SERVICES; VIDEO
PRODUCTION SERVICES; PHOTOGRAPHYNIDEOGRAPHY 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; ORGANIZATIONAL DEVELOPMENT MEETING FACILITATION
SERVICES; PROFESSIONAL TRAINING SERVICES, INCLUDING BUT NOT
LIMITED TO, APPLICATION SYSTEMS INSTRUCTION, METHODOLOGIES
FOR APPLICATION SYSTEMS DEVELOPMENT, SEXUAL HARASSMENT,
DIVERSITY AND TEAM BUILDING; HOME VISITORS FOR THE PARENT-
CHILD HOME PROGRAM; INSTRUCTORS FOR THE MORNINGS ALL-STAR
PROGRAMS AND HUD COMPLIANCE; APPLICATION SYSTEMS
CONSULTING SERVICES, INCLUDING BUT NOT LIMITED TO,
APPLICATION SYSTEMS, ARCHITECTURE, APPLICATION DEVELOPMENT
BEST PRACTICES, APPLICATION SECURITY, APPLICATIONS QUALITY
ASSURANCE, APPLICATION MONITORING, MOBILE APPLICATION
DEVELOPMENT; CONSULTING SERVICES FOR WEBSITE AND DIGITAL
MEDIA STRATEGY; WEB DESIGN; GRAPHIC DESIGN; AFTER-ACTION
SERVICES; 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) 2015/2016 ANNUAL BUDGET; 2)
THE TERM OF ANY SERVICE AGREEMENT AUTHORIZED HEREIN SHALL
NOT EXTEND BEYOND THE END OF FY 2015/2016 (SEPTEMBER 30, 2016);
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; AND 4) 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, but are not limited to: 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; 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; 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 $25,000 to be approved by the
City Commission and agreements for these services have typically been limited to that
maximum amount; and
WHEREAS, independent contractor agreements for amounts over $25,000 which are
very limited circumstances have been brought to the City Commission for approval; and
WHEREAS, effort to coordinate the execution of these agreements for those services 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 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 2015/2016 annual budget;
• The term of the agreement shall not extend beyond FY 2015/2016 (September 30,
2016); 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, 2016, 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 September 30, 2013 for FY
2013/2014; and September 30, 2014 for FY 2014/2015; 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, to enter into independent
contractor agreements for the following services, as required and as the City Manager deems
in the best interest of the City: 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; recreational programming and instruction;
instruction and therapy for participants with special needs, including but not limited to education,
health and wellness; 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 ,youth and baby
boot camp; care coordination services; mental health services; intake (assessment) services;
family group conferencing; mentoring services; behavior modification services; employment
sessions; family functional therapy; family home visitation services; parenting group services;
alternative suspension services: restorative justice techniques; one-on-one shadows to work
with youth with special needs; STEM ( science, technology engineering and mathematics)
activities; school liaisons for referral or care coordination services; resident project
representatives (RPR); reporting requirements associated with the Patient Protection and
Affordable Care Act; Actuarial services; 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; organizational development meeting facilitation services; professional training
services, including but not limited to, application systems instruction, methodologies for
application systems development, sexual harassment, diversity and team building; home visitors
for the parent-child home program; instructors for the mornings all-star programs and hud
compliance; application systems consulting services, including but not limited to, application
systems, architecture, application development best practices, application security, applications
quality assurance, application monitoring, mobile application development; consulting services
for website and digital media strategy; web design; graphic design; after-action 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
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 FY 2015/2016 budget; 2) the term of
any service agreement authorized herein shall not extend beyond the end of FY 2015/2016
(September 30, 2016); 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 maybe more stringent 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 as part of the annual operating budget approvals.
PASSED and ADOPTED this 30 day of Sep+'e►r,be r , 2015.
ATTEST:
R.fael E. Gra .do, City C erk * INCORP ORATE hili Lev - ;4 or,/
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
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City Attorn
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