HomeMy WebLinkAboutR-01-0746J-01-596
7/13/01
RESOLUTION NO. 01— 746
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO
EXECUTE INDIVIDUAL AGREEMENTS, IN SUBSTANTIALLY
THE ATTACHED FORM, WITH JUAN FERNANDEZ-BARQUIN,
PLINIO VILLANUEVA AND EDUARDO Dr. ZAYAS
TO PROVIDE STRUCTURAL PLANS EXAMINER SERVICES
FOR THE DEPARTMENT OF BUILDING FOR A ONE-YEAR
PERIOD, WITH THE OPTION TO RENEW FOR TWO
ADDITIONAL ONE --YEAR PERIODS, IN AN AGGREGATE
ANNUAL AMOUNT NOT TO EXCEED $15,000, SUBJECT
TO AVAILABILITY OF FUNDS; ALLOCATING FUNDS
FROM THE INSPECTION SERVICES DIVISION BUDGET,
PROJECT NO. 421001, ACCOUNT CODE
NO. 560302.340.
BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The City Manager is authorized-!' to execute
agreements, in substantially the attached form, with Juan
Fernandez-Barquin, Plinio Villanueva and Eduardo de Zayas to
provide structural plans examining services for the Department of
Building for a one-year period, with the option to renew for two
1/ The herein authorization is further subject to compliance with all
requirements that may be imposed by the City Attorney, including but not
limi_ed to those prescribed by applicable City Charter and Code
provisions.
ATTACHMENT (S)
CONTAINED
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JUL 262001
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01- 746
additional. one-year periods, in an aggregate annual amount not to
exceed $15,000, subject to availability of funds, with funds
allocated from the Inspection Services Division Budget, Project
No. 421001, Account Code No. 560302.340.
Section 2. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor.V
PASSED AND ADOPTED this _ I&th day of _ July ___, 2001.
ATTEST:
JOE CAROLLO, MAYOR
1n Mookmr with Mbm* Code 8e0. 2.36, since the Meyor did not Ir Bala appmal d
tfhAs t ONNIN by sipMng it In the designated place pro legislation n
me egadw with the elapse of (10) days from of C ssicrn • n
WWWOW saw* without the Mayor hinp vet
WALTER J. FOEMAN Wafter F , City -6 elk
CITY CLERK
APPRC�D X T26ORM�AD CORRES'FS
ATTORNEY
5464:db:LB
ii the Mayor does not sign this Resolution, it sha:.l. become effective at
the end of ten calendar days from the date A was passed and adopted.
if the N.ayor vetoes this Resolution, it shall become effective
immediately upon override of t:ho veto by the City Commission.
Page 2 of 2 01— 746
MWIDaa
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Form VI(b)
SERVICES AGREEMENT
OR
PROFESSIONAL SERVICES AGREEMENT
This Agreement is entered into this , day of _ , 2001 ( but effective as of
_. _ __ ) by and between the City of Miami, a municipal corporation of the State
of Florida ("City') and Juan Fernandez-Barquin ("Provider").
ItFXITALS:
A. The City is in need of structural engineering services for its Building Department
("Services").
B. Provider possesses all necessary qualifications and expertise to perform the
Services.
C. The City wishes to engage the services of Provider, and Provider wishes to
perform the services for the City, under the terms and conditions set forth herein.
NOW, THEREFORE, in consideration of the mutual covenants and promises herein
contained, Provider and the City agree as follows:
TERMS:
1. RECITALS: The recitals are true and correct and are hereby incorporated into and made
a pan of this Agreement.
2. TEAM: The term of this Agreement shall be one (1) year, commencing on the
effective date hereof.
3. OPTION TO EXTEND: The City shall have 2 option(s) to extend the term hereof
for a period of one (1) year each, subject to availability and appropriation of funds. City
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Commission approval shall no( be required as long as the total extended term does not exceed
two (2) years, or a period equal to the original term of this Agreement, whichever is longer.
4. SCOPE OF SERVICE:
A. Provider agrees to provide the Services as specifically described, and subject to
the special terms and conditions set forth in Attachment "A" hereto, which by this reference is
incorporated into and made a pail of this Agreement.
B. Provider represents and warrants to the City that Provider: (i) possesses all
qualifications, licenses and expertise required for the performance of the Services; (ii) it is not
delinquent in the payment of any suets due the City, including payment of permit fees,
occupational licenses, cic., nor in the performance of any obligations to the City, (iii) is and shall
be, at all times during the term hereof, fully qualified and trained to perform the Services; and
(iv) the Services will be performed in the manner described in Attachment "A".
5. COMPENSATION:
A. The amount of compensation payable by the City to Provider shall be based on the
rates and schedules described in Attachment "B" hereto, which by this reference is incorporated
into this Agreement; provided, however, that in no event shall the amount of compensation
exceed $4,500[per year].
B. Unless otherwise specifically provided in Attachment "B", payment shall be made
within forty five (45) days after receipt of Provider's invoice, which shall be
accompanied by sufficient supporting documentation and contain sufficient detail, to
allow a proper audit of expenditures, should City require one to be performed. If
Provider is
entitled to reimbursement
of travel expenses (i.e.- Attachment "B"
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includes travel expenses as a specific item of compensation], then all bills for travel
expenses shall he submitted in accordance with Section 112.061, Florida Statutes.
S. COMPENSATION:
A. rhe amount of compensation payable by the City to provider shall be based on the
rates and schedules described in Attachment "13" hereto. which by this reference is
incorporated into this Agreement; provided, however, that in no event shall be the
amount of compensation exceed $4,500 [per year].
R. Payment shall be made as provided in Attachment "A" after receipt of provider's
invoice, which shall be accompanied by sufficient supporting documentation and
contain sufficient detail, to allow a proper audit of expenditures, should City require
one to be performed. if Provider is entitled to reimbursement of travel expenses (i.e.
Attachment "l3" includes travel expenses as a specific item of compensation), then all
bills for travel expenses shall be submitted in accordance with Section 112.061,
Florida Statutes.
6. OWNERSHIP OF DOCUMENTS: Provider understands and agrees that any
information, document, report or any other material whatsoever which is given by the City to
Provider or which is otherwise obtained or prepared by Provider pursuant to or under the terms
of this Agreement is and shall at all times remain the property of the City. Provider agrees not to
use any such information, document, report or material for any other purpose whatsoever without
the written consent of City, which may be withheld or conditioned by the City in its sole
discretion..
7. AUDIT AND INSPECTION RIGHTS:
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A. The City may, at reasonable times, and for a period of up to three (3 ) years
tollowing the date of final payment by the City to Provider under this Agreement, audit, or cause
to be audited, those books and records of Provider which are related to Provider's performance
under this Agreement. Provider agrees to maintain all such books and records at its principal
place of business for a period of three (3) years after final payment is made under this
Agreement.
B. The City may, at reasonable times during the term hereof, inspect Provider's
facilities and perform such tests, as the City deems reasonably necessary, to determine whether
the goods or services required to he provided by Provider under this Agreement conform to the
terms hereof, if applicable. Provider shall make available to the City all reasonable facilities and
assistance to facilitate the performance of tests or inspections by City representatives. All tests
and inspections shall be subject to, and made in accordance with, the provisions of Section 18-
55.2 of the Code of the City of Miami, Florida, as same may be amended or supplemented, from
time to time.
8. AWARD OF AGREEMENT: Provider represents and warrants to the City that
he/she has not employed or retained any person or company employed by the City to solicit or
secure this Agreement and that he/she has not offered to pay, paid, or agreed to pay any person
any fee, commission, percentage, brokerage fee, or gift of any kind contingent upon or in
corutection with, the award of this Agreement.
9. PUBLIC RECORDS: Provider understands that the public shall have access, at all
reasonable times, to all documents and information pertaining to City contracts, subject to the
provisions of Chapter 119, Florida Statutes, and agrees to allow access by the City and the public
to all documents subject to disclosure under applicable law. Provider's failure or refusal to
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comply with the provisions of this section shall result in the immediate cancellation of this
Agreement by the City.
10. COMPLIANCE WITH FEDERAL, STATE AVD LOCAL LAWS: Provider
understands that agreements between private entities and local governments are subject to certain
laws and regulations, including laws pertaining to public records, conflict of interest, record
keeping, etc. City and Provider agree to comply with and observe all applicable federal, state and
local laws, rules, regulations, codes and ordinances, as they may be amended from time to time.
11. INDEMNIFICATION: Provider shall indemnify, defend and hold harmless the
City and its officials, employees and agents (collectively referred to as "Indemnitees") and each
of them from and against all loss, costs, penalties, fines, damages, claims, expenses (including
attorney's fees) or liabilities (collectively referred to as "Liabilities") by reason ofany injury to or
death of any person or darnage to or destruction or loss of any property arising out of, resulting
from, or in connection with (i) the performance or non-performance of the services contemplated
by this Agreement which is or is alleged to be directly or indirectly caused, in whole or in part, by
any act, omission, default or negligence (whether active or passive) of Provider or its employees,
agents or subcontractors (collectively referred to as "Provider"), regardless of whether it is, or is
alleged to be, caused in whole or part (whether joint, concurrent or contributing) by any act,
omission, default or negligence (whether active or passive) of the Indemnitees, or any of them or
(ii) the failure of the Provider to comply with any of the paragraphs herein or the failure of the
Provider to conform to statutes, ordinances, or other regulations or requirements of any
governmental authority, federal or state, in connection with the perfortnance of this Agreement.
Provider expressly agrees to indemnify and hold harmless the Indemnitees, or any of them, from
and against all liabilities which may be asserted by an employee or former employee of Provider,
cm. PSAlvnnV1(b)-jIndiv) 5 o i— 746
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or any of its subcontractors, as provided above, for which the Provider's liability to such
employee or former employee would otherwise be limited to payments under state Workers'
Compensation or similar laws.
12. DEFAULT: If Provider fails to comply with any term or condition of this Agreement,
or fails to perform any of its obligations hereunder, then Provider shall be in default. Upon the
occurrence of a default hereunder the City, in addition to all remedies availahle to it by law, may
immediately, upon written notice to Provider, terminate this Agreement whereupon all payments,
advances, or other compensation paid by the City to Provider while Provider was in default shall
be immediately returned to the City. Provider understands and agrees that termination of this
Agreement under this section shall not release Provider from any obligation accruing prior to the
effective date of termination. Should Provider be unable or unwilling to commence to perform
the Services within the time provided or contemplated herein, then, in addition to the foregoing,
Provider shall be liable to the City for all expenses incurred by the City in preparation and
negotiation of this Agreement, as well as all costs and expenses incurred by the City in the re -
procurement of the Services, including consequential and incidental damages.
13. RESOLUTION OF CONTRACT DISPUTES: Provider understands and agrees that
all disputes between Provider and the City based upon an alleged violation of the terms of this
Agreement by the City shall be submitted to the City Manager for his/her resolution, prior to
Provider being entitled to seek judicial relief in connection therewith. In the event that the
amount of compensation hereunder exceeds $4,500, the City Manager's decision shall be
approved or disapproved by the City Commission. Provider shall not be entitled to seek judicial
relief unless: (i) it has first received City Manager's written decision, approved by the City
Commission if the amount of compensation hereunder exceeds $4;500; or (ii) a period of sixty
cm:t'SAPorn1YIIA)-(Indio) 6 OJ— 746
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(60) days has expired, after submitting to the City Manager a detailed statement of the dispute,
accompanied by all supporting documentation (90 days if City Manager's decision is subject to
City Commission approval); or (iii) City has waived compliance with the procedure set forth in
this section by written instruments, signed by the City Manager.
14. CITY'S TERMINATION RIGH'T'S:
A. The City shall have the right to terminate this Agreement, in its sole discretion, at
any time. by giving written notice to Provider at least five (5) business days prior to the effective
date of such termination. In such event, the City shall pay to Provider compensation for services
rendered and expenses incurred prior to the effective date of termination. In no event shall the
City be liable to Provider for any additional compensation, other than that provided herein, or for
any consequential or incidental damages.
B. The City shall have the right to terminate this Agreement, without notice or
liability to Provider, upon the occurrence of an event of default hereunder, In such event, the City
shall not be obligated to pay any amounts to Provider and Provider shall reimburse to the City all
amounts received while Provider was in default under this Agreement.
15. INSURANCE: Not applicable as per Section 304.2 of the South Florida Building Code.
16. NONDISCRIMINATION: Provider represents and warrants to the City that Provider
does not and will not engage in discriminatory practices and that there shall be no discrimination
in connection with Provider's performance under this Agreement on account of race, color, sex,
religion, age, handicap, marital status or national origin. Provider further covenants that no
otherwise qualified individual shall, solely by reason of his/her race, color, sex, religion, age,
handicap, marital status or national origin, be excluded from participation in, be denied services,
or be subject to discrimination under any provision of this Agreement.
cm:PSnFurmVl(fi►•(Indiv) 7 746
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17. ASSIGNMENT: This Agreement shall not be assigned by Provider, in whole or in
part, without the prior written consent of the City's, which may be withheld or conditioned, in the
City's sole discretion.
18. NOTICES: All notices or other communications required under this Agreement shall
be in writing and shall be given by hand -delivery or by registered or certified U.S. Mail, return
receipt requested, addressed to the other party at the address indicated herein or to such other
address as a party may designate by notice given as herein provided. Notice %hail be deemed
given on the day on which personally delivered; or, if by mail, on the fifth day after being posted
or the date of actual receipt, whichever is earlier.
TO PROVIDER:
Juan Fernandez-Barquin
Structural Enginer
717 Ponce do Leon Boulevard #222
Miami, Florida 33134
TO THE CITY:
Carlos A. Gimenez
City Manager
444 S. W. 2 Avenue - 10`'' Floor
Miami, Florida 33130
19. NMISCELLANFOVS PROVISIONS:
A. This Agreement shall be construed and enforced according to the laws of the State
of Florida.
B. Title and paragraph headings are for convenient reference and are not a part of this
Agreement.
C. No waiver or breach of any provision of this Agreement shall constitute a waiver
of any subsequent breach of the same or any other provision hereof, and no waiver shall be
effective unless made in writing.
D. Should any provision, paragraph, sentence, word or phrase contained in this
Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise
cin .PSAf-'onn V1(b)41ndiv)
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unenforceable under the laws of the State of Florida or the City of Miami, such provision,
paragraph, sentence, word or phrase shall be deemed modified to the extent necessary in order to
conform with such laws, or if not modifiable, then same shall be deemed severable, and in either
event, the remaining terms and provisions of this Agreement shall remain unmodified and in full
force and effect or limitation of its use.
E. This Agreement constitutes the sole and entire agreement between the parties
hereto. No modification or amendment hereto shall be valid unless in writing and executed by
properly authorized representatives of the parties hereto.
20. SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon the parties
hereto, their heirs, executors, legal representatives, successors, or assigns.
21. INDEPENDENT CONTRACTOR: Provider has been procured and is being
engaged to provide services to the City as an independent contractor, and not as an agent or
employee of the City. Accordingly, Provider shall not attain, nor be entitled to, any rights or
benefits under the Civil Service or Pension Ordinances of the City, nor any rights generally
afforded classified or unclassified employees. Provider further understands that Florida
Workers' Compensation benefits available to employees of the City are not available to Provider,
and agrees to provide workers' compensation insurance for any employee or agent of Provider
rendering services to the City under this Agreement.
22. CONTINGENCY CLAUSE: Funding for this Agreement is contingent on the
availability of funds and continued authorization for program activities and the Agreement is
subject to amendment or termination due to lack of fitnds, reduction of funds and/or change in
regulations, upon thirty (30) days notice.
cniTSAFonnV1(b)-(Indiv)
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01- 746
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IN WITNESS WHEREOF, the parties hereto have caused this instrument to be
executed by their respective officials thereunto duly authorized, this the day and year above
written.
"City"
CITY OF MIAMI, a municipal ...;
ATTEST:
corporation
By:
Walter Fbemaa, City Clerk
Carlos A. Gimenez. City Manager,
t
WITNESSES:
"Provider
..-
Prin e: �.91�"CoQG'E'�/�=
Print Name': ..
.%rte. C..1r•'",x ,;�►. • ,., r
Print Name:
APPROVED AS TO FORM AND
APPROVED AS TO INSURANCE
CORRECTNESS:
REQUIREMENTS:
ALEJANDRO VILARELLO
MARIO SOLDEVILLA
City Attorney
Administrator
Risk Management
t
pi- '746
MPSAFonnvt OMbdiv)
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CONSULTANT will provide the following professional services:
1) Review blueprints, construction drawings and specifications to determine whether plans,
specifications, workmanship and material submitted conform to local and state codes and
legally established requirements.
2) Approve blueprints, plans and sketches prior to issuance of building permits and discuss
requirements of plans with engineers, contractors, builders, or owners.
-3) Make corrections to plans and return them for correction and submission when required.
4) Process walk-throughs for commercial and residential projects to assist the public,
contractors, architects, engineers, and homeowners with plans review and code interpretation.
CITY will
1) Provide the CONSULTANT with all information and data necessary for the successful
completion of the scope of services.
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01- 746
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ATTACHMENT "B"
COMPENSATION:
1) City shall pay CONSULTANT, as maximum compensation for the services required on an
"as needed basis" pursuant to Paragraph III thereof. The sum of 54.500.
2) Such compensation shall be paid on the following basis: The CONSULTANT, shall be paid
at $30.00 per hour. Payment of all taxes and expenses such as income tax, social security.
health and major medical insurance, personal insurance, and general expenses of any kind are
not provided for in this agreement and will be the responsibility of the CONSULTANT.
Payments shall be made only upon the presentation of an invoice from the CONSULTANT
and certification by the Assistant Director and/or Chief of Inspection Services certifying that
the number of hours worked and the services have been completed to the satisfaction of the
Department.
Form VI(b)-(No Formal process/No Program/No Comm. Approval/Individual)
cm:PSAFotmVi(b)-(Indiv) 1
41- 746
Dade Couty Board of Rules and Appeals
2001 Application for Inspector/ Plans
Examiner Recertification
APP NO
1476 CERTIFICATE HOURS NEEDED
0
MJNICIPAL'TY
ity of Miami
FIRST NAME LAST NAME
pan Fernandez- Barquin, P.E. DISCIPLINE � OISC!PLINE 2
Structural
ADUNESS DISCIPLINF 3 DISCIPLINE 4
711 Granada Blvd��
C TY STATE ZIP CODE
Coral Gables FL 133146
I
INSTRUCTIONS:
Review the information contained in the boxes above. Please make any necessary changes by drawing a line thru the
ircorrect information and printing the correct Information above h. This application only shows the discipline(s) you are
currently certified in. The box labeled (Certificate Hours Needed) indicates the total number of continuing education credit
hours that you need to provide to this office from any State approved course outside the Building Code Compliance Office
(BCCO). Please attach a copy of the certificate(s) to this form.
I am currently employed by the Municipality indicated aa�6ye an f' I ?ve met the requirements of Section 201.11(a) of the
South Florida Building Code. J
SIGNATURE OF APPLICANT �"�' i—.�•' .__ Date%
(Request for Suiiding Official Certillcation needs to be made by the City Manager or Legal Appointing Authority)
TATE OF FLORIDA
OUNTY OF DADE I, Building Official for the City of
ter performing a background check and having found t,iat there are no complaints filed against this applicant's licenses,
1d no criminal history, request that the above named Ind vidual be recertified as staled in this application for 2001. 1 have
so verified that all the required attachments are correct and the application is completed properly.
GNATURE
xn to and subscribed before me this
of 20
Commission Expires
THI§ SECTIONCCO USE O Y
Date Received:
Cate Reviewed:
Reviewed By:
Notary Public
State of Florida at Large
01- 746
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01- 746
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CITY OF MIAMI, FLORIDA m13
INTER -OFFICE MEMORANDUM
Mayor and Members
TO of the Commission GATE JUL 1 6 ^i F .
SUIUECT Proposed Resolution for
Structural Engineer
Professional Service
FROM nez RUERENGEs Agreement
City Manager
ENCLOSURES
it is respectfully recommended that the City Commission adopt the attached
Resolution to provide structural plans examiner services for the Building
Department.
BACKGROUND
The South Florida Building Code was substantially amended as a result of
Hurricane Andrew. One of the amendments to the Code requires that a
licensed structural engineer review the plans in the permitting process.
The City of Miami has been experiencing an increase in the number of
construction projects being presented for review. Having additional structural
plans reviewers available, on an as needed basis, will allow that the plans be
processed within a reasonable time. The funds for this agreement are available
in our budget.
Adoption of the attached resolution will not only allow the Building Department
to meet the industry's demand for this service, but continue our enforcement of
the South Florida Building Code.
CAG/DB/HRL//rr'b
01.- 746