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HomeMy WebLinkAboutR-98-0019J-97-850 1 /2/98 RESOLUTION NO. 9 8 — 19 A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED FORM, WITH INDIVIDUALS TO PROVIDE STRUCTURAL PLANS EXAMINER/BUILDING INSPECTOR III SERVICES FOR THE BUILDING AND ZONING DEPARTMENT, AT A TOTAL COST NOT TO EXCEED $40,000 PER YEAR FOR ONE (1) YEAR WITH THE OPTION TO EXTEND SAID SERVICES FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS, SUBJECT TO AVAILABILITY AND ALLOCATION OF FUNDS; ALLOCATING FUNDS THEREFOR FROM THE INSPECTION SERVICES DIVISION FY '98 BUDGET, ACCOUNT 560302-340 AND 560302-902, PROJECT NO. 421001. WHEREAS, the Building and Zoning Department requires professional services in the area of Structural Plans Examiner/Building Inspector III; and WHEREAS, the Building and Zoning Department has experienced a difficult time attracting qualified applicants to fill vacant positions; and WHEREAS, said positions are temporary in nature, which will allow the Building and Zoning Department time to employ permanent Structural Plans Examiner/Building Inspector III; and WHEREAS, funds are available in the Inspection Services Division, in an amount not to exceed $40,000; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: ATTACRME j CONTAINED -. JAN 13 1998 RO•�Autim 1410. 98- 19 Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The City Manager is hereby authorized' to execute agreements, in substantially the attached form, with individuals to provide Structural Plan Examiner/Building Inspector III services for the Building and Zoning Departments at a total cost not to exceed $40,000 per year, for one (1) year with the option to extend said services for two (2) additional one (1) year periods subject to availability and allocations of funds, with funds therefor hereby allocated from the Inspection Services Division FY '98 Budget Account no. 560302-340 and 560302-902, Project 421001. Section 3. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 13th day of Januar 1 98. XAVIER UAREZ M or jST•TER F MAN, CITY CLERK The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter and Code provisions. 2 98- 19 BUDGETARY REVIEW: DIPAK PQREKH BUDGET AND MANAGEMENT ANALYSIS PREPARED AND APPROVED BY: aLG AMIREZ-SE AS ASSI ANT CITY TTO NEY APPROVED AS TO FORM AND CORRECTNESS: A. 0. N S, III CITY ATT EY W2028:CSK:ORS 9R- 19 Form VII(b) PROFESSIONAL SERVICES AGREEMENT This Agreement is entered into this zG day of ev v ✓ , 199 7 , by and between the City of Miami, a municipal corporation of the State of Florida ("City") and Flavio Gomez, ("Provider"). RECITALS: A. The City is in need of structural engineering services for its Building & Zoning 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. D. The Commission of the City of Miami, by Resolution No. adopted on , 199_, authorized the City Manager to execute a contract with Provider 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: 1. RECITALS: The recitals are true and correct and are hereby incorporated into and made a part of this Agreement. 98- 19 2. TERM: The term of this Agreement shall be one (1) year commencing on January 1, 1998. 3. OPTION TO EXTEND: The City shall have 2 option(s) to extend the term hereof for a period of one M year each, subject to availability and appropriation of funds. City Commission approval shall not 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 under the special terms and conditions set forth in Attachment "A" hereto, which by this reference is incorporated into and made a part 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) is not delinquent in the payment of any sums due the City, including payment of permit fees, occupational licenses, etc., 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 $10,000 [per year]. B. Payment shall be made as provided in Attachment "B" after receipt of Provider's invoice, which shall be accompanied by sufficient supporting documentation and contain CoM:PSAFormVII(b)-(Indiv).doc 2 9 Q —. 19 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" 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: A. The City may, at reasonable times, and for a period of up to three (3) years following 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 be 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 CoM:PSAFormVII(b)-(Indiv).doc 3 9 Q - 19 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 connection 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 comply with the provisions of this section shall result in the immediate cancellation of this Agreement by the City. 10. COMPLIANCE WITH FEDERAL, STATE AND 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 CoM:PSAFormVtI(b)-(Indiv).doc 4 � 19 attorney's fees) or liabilities (collectively referred to as "Liabilities") by reason of any injury to or death of any person or damage 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 performance 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, 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 available 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 CoM:PSAFormVI1(b)-(Indiv).doc 5 98- 19 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 (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 RIGHTS: 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 CoM:PSAFormV11(b)-(Indiv).doc 6 ��- 19 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• provider char at all times here during the term of maintain ciirh (p o / A OVI �C✓' H&5 /VD iAQl`E3Sioniq-L C/,4�3/�/t y Xa5"l4-/V c-6 02 '4W y Jrl 5 UR4,J IAlihi > > 1�-,v iJ (S No j Ez e � A-� G TO o a T ,4 ,.v Jnl S v4gn/c5' i9.5 r4 I t co .,✓�`:Z ,e-c- z', a`lki shall. be Wmished to the City on Certificat.es of Insurance indicating such insurance to be in force and effect and providing that it will not be canceled during the performance of the services under this contract without thirty (30) calendar days prior written notice to the City. Completed Certificates of Insurance shall be filed with the City prior to the performance of services hereunder, provided, however, that Provider shall at any time upon request file duplicate copies of the policies of such insurance with the City. If, in the judgment of the City, prevailing conditions warrant the provision by Provider of additional liability insurance coverage or coverage which is different in kind, the City reserves the right to require the provision by Provider of an amount of coverage different from the amounts or kind previously required and shall afford written notice of such change in requirements thirty (30) days prior to the date on which the requirements shall take effect. Should the Provider fail or refuse to satisfy the requirement of changed coverage within thirty (30) days following the City's written notice, this Contract shall be considered terminated on the date that the required change in policy coverage would otherwise take effect. P(9.8- CoM:PSAFormV11(b)-(1ndiv).doc 7 19 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. 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 shall 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: Flavio Gomez Structural Engineer 9351 SW 76 Street Miami, FL 33173 TO THE CITY: Alberto Ruder City Manager 3500 Pan American Drive Miami, FL 33133 CoM: PSAForm V II (b)-( Ind iv). doc 8 19 19. MISCELLANEOUS 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 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 CoM:PSAFonnVII(b)-(Indiv).doc 9 98- 19 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 funds, reduction of funds and/or change in regulations, upon thirty (30) days notice. 23. ENTIRE AGREEMENT: This instrument and its attachments constitute the sole and only agreement of the parties relating to the subject matter hereof and correctly set forth the rights, duties, and obligations of each to the other as of its date. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force or effect. 24. COUNTERPARTS: This Agreement may be executed in two or more counterparts, each of which shall constitute an original but all of which, when taken together, shall constitute one and the same agreement. 25. APPROVAL BY THE OVERSIGHT BOARD: The State of Florida has appointed an Emergency Financial Oversight Board (the "Oversight Board") which is empowered to review and approve all pending City of Miami contracts. As a result, contracts shall not be binding on the City until such time as they have been approved by the Oversight Board. Execution of this Agreement by the City Manager shall constitute evidence of its approval by the Oversight CoM:PSAFormVII(b)-(Indiv).doc 1 g�- 19 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. ATTEST: Walter Foeman, City Clerk WITNESSE : Print Name: 16t4-' Print Name: dos N- 3 Ro w APPROVED AS TO FORM AND CORRECTNESS: A. QUINN JONES, III City Attorney "City" CITY OF MIAMI, a municipal corporation By: Alberto Ruder, City Manager " rovider ,j/z t'/q -7 Print Name: APPROVED AS TO INSURANCE REQUIREMENTS: MARIO SOLDEVILLA Administrator Risk Management 98- 19 CoM:PSAFormVII(b)-(Indiv).doc 11 ATTACHMENT "A" SCOPE OF SERVICES: CONSULTANT will provide the following professional services: 1) Review blueprints, construction drawings and specifications to determine whether plans, specifications, workmanship and materials 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 resubmission when required. 4) Process walk-throughs for commercial and residential projects and 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. 98- 19 ATTACHMENT "B" COMPENSATION: A. CITY shall pay CONSULTANT, as maximum compensation for the services required pursuant to Paragraph III hereof, the sum of $10,000. B. Such compensation shall be paid on the following basis: The CONSULTANT shall be paid at the rate of $30.00 per hour. Payment of all taxes and expenses such as income tax, social security, health and major medical insurance, personal insurances and general expenses of any kind are not provided for in this Agreement and will be the responsibility of the CONSULTANT. Payments shall be made every two (2) weeks, only upon presentation of an invoice from the CONSULTANT and certification by the Assistant Director of the Building and Zoning Department certifying that the number of hours worked and the services have been completed to the satisfaction of the City's Building Official. 98- 19 STATE OF FLORIDA AC# -7 " r Department of Business and Professional Regulation 1'X—00012S2 04/03/1997 96030993 ;STANDARD FLANS EXAMINER GOMEZ, FLAVIO JUAN IS CERTIFIED under the provisions of Ch, 4+S 3 Fs. Expiration oats: N 0 V 30 1997 STATE OF FLORIDA AC# Department of Business and Professional Regulation ~ !�PBI-000009�=07/?C/19.57 97002597 PROVISIONAL SLIJ LD IN 'INSPECTOR GOMEZ, FLAV10',JUAN I - I IS CERTIFIED under the provisions of Ch. 468 FS. expiration Date: 0 7 / 2 2 / 19 99 98- 19 C M B Euitding Dept, Fax:673-7857 DADE COUNTY BOARD OF.RULES AND APPEALS HEREWITH CERTIFIES THAT Flavio J. Gomez Is qualified t0 perform duties as:. See Bock for ju fladktlins Keroin specified, in ibd1 County It set: in the Southflo�il! 9UIltift Code. Mu�kipality 3ee:EMck � j Year C L Mu I I� L r ' • SbuaM+rN� Boom Pkwr' `b"n�llr �'��tdyhpr ' iwr+�iE s..el+ PIi1M � 6xM�7Mbr �$h110Wrr1 ", ..'":I I I F f I � Nov 26 '97 16:49 P.01/01 TT; .4wTiAGb Vr�' tx 1 � pp ti 9 I L, a ' � 1 f 98- `19 A410 Form VII(b) PROFESSIONAL SERVICES AGREEMENT This Agreement is entered into this _ day of , 199_ , by and between the City of Miami, a municipal corporation of the State of Florida ("City") and Eduardo de Zayas, ("Provider"). A. The City is in need of structural engineering services for its Building & Zoning 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. D. The Commission of the City of Miami, by Resolution No. adopted on , 199_, authorized the City Manager to execute a contract with Provider 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: U UM 7NUIT 1. RECITALS: The recitals are true and correct and are hereby incorporated into and made a part of this Agreement. j;,�, I 98- 19 2. TERM: The term of this Agreement shall be one (1) year commencing on January 1, 1998. 3. OPTION TO EXTEND: The City shall have 2 option(s) to extend the term hereof for a period of one M year each, subject to availability and appropriation of funds. City Commission approval shall not 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 under the special terms and conditions set forth in Attachment "A" hereto, which by this reference is incorporated into and made a part 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) is not delinquent in the payment of any sums due the City, including payment of permit fees, occupational licenses, etc., 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 $10,000 [per year]. B. Payment shall be made as provided in Attachment `B" after receipt of Provider's invoice, which shall be accompanied by sufficient supporting documentation and contain CoM:PSAFormVI1(b)-(Indiv).doc 2 9R- 19 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" 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: A. The City may, at reasonable times, and for a period of up to three (3) years following 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 be 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 CoM:PSAFonnVII(b)-(Indiv).doc 3 (� e7 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 connection 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 comply with the provisions of this section shall result in the immediate cancellation of this Agreement by the City. 10. COMPLIANCE WITH FEDERAL, STATE AND 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 CoM:PSAFormVll(b)-(Indiv).doc 4 9 Q_ 1 Q attorney's fees) or liabilities (collectively referred to as "Liabilities") by reason of any injury to or death of any person or damage 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 performance 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, 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 available 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 L/`17�� CoM:PSAFormVIl(b)-(Indiv).doc 5 G Cam' 98- 19 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 (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 RIGHTS: 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 COM:PSAFormV11(b)-(Indiv).doc 6 .9 R, — 19 Q a7 � eJ 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. '1111110"'reff Milne 1 • r• • . •. •■ ■ • • . •• • ■. 7d�iii�fd•L (30) days fbilowing the City's written notice, this Col3tract ghall hi- mmidered terminated on the dIe th-ma the required change. in policy coverage would otherwise take effect CoM:PSAFormVll(b)-(Indiv).doc 7 v 9"S- 19 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. 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 shall 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: Eduardo de Zayas Structural Engineer 24460 SW 192 Avenue Homestead, FL 33031 TO THE CITY: Alberto Ruder City Manager 3500 Pan American Drive Miami, FL 33133 CoM:PSAFormVII(b)-(Indiv).doc 8 9 8 - 19 �? I 19. MISCELLANEOUS 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 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 CoM:PSAFormVtl(b)-(Indiv).doc 9 it 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 funds, reduction of funds and/or change in regulations, upon thirty (30) days notice. 23. ENTIRE AGREEMENT: This instrument and its attachments constitute the sole and only agreement of the parties relating to the subject matter hereof and correctly set forth the rights, duties, and obligations of each to the other as of its date. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force or effect. 24. COUNTERPARTS: This Agreement may be executed in two or more counterparts, each of which shall constitute an original but all of which, when taken together, shall constitute one and the same agreement. 25. APPROVAL BY THE OVERSIGHT BOARD: The State of Florida has appointed an Emergency Financial Oversight Board (the "Oversight Board") which is empowered to review and approve all pending City of Miami contracts. As a result, contracts shall not be binding on the City until such time as they have been approved by the Oversight Board. Execution of this Agreement by the City Manager shall constitute evidence of its approval by the Oversight .._ 41 CoM:PSAFormVII(b)-(Indiv).doc 10 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. ATTEST: Walter Foeman, City Clerk WITNESSES: 5� o—Sn d U9.uaw+. Print Name: 76-6a- PrintName: cZosp, a(Z1JwN APPROVED AS TO FORM AND CORRECTNESS: A. QUINN JONES, III City Attorney "City" CITY OF MIAMI, a municipal corporation By: Alberto Ruder, City Manager "Provider Print Name: APPROVED AS TO INSURANCE REQUIREMENTS: MARIO SOLDEVILLA Administrator Risk Management CoM:PSAFormVII(b)-(Indiv).doc 11 9 8_ 19 ATTACHMENT 1W1 SCOPE OF SERVICES: CONSULTANT will provide the following professional services: 1) Review blueprints, construction drawings and specifications to determine whether plans, specifications, workmanship and materials 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 resubmission when required. 4) Process walk-throughs for commercial and residential projects and 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. 9 8 - 19 ATTACHMENT "B" COMPENSATION: A. CITY shall pay CONSULTANT, as maximum compensation for the services required pursuant to Paragraph III hereof, the sum of $10,000. B. Such compensation shall be paid on the following basis: The CONSULTANT shall be paid at the rate of $30.00 per hour. Payment of all taxes and expenses such as income tax, social security, health and major medical insurance, personal insurances 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 every two (2) weeks, only upon presentation of an invoice from the CONSULTANT and certification by the Assistant Director of the Building and Zoning Department certifying that the number of hours worked and the services have been completed to the satisfaction of the City's Building Official. �c- 9R- 19 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: The Honorable Mayor and Members of the City Commission r R ason FROM: Interim City Manager CAm22 DATE: JAN - F $ue,, I98 FILE ., SUBJECT: proposed Resolution for Structural Engineer Professional Service REFERENCES: ENCLOSURES: RECOMMENDATION It is respectfully recommended that the City Commission adopt the attached Resolution to provide structural Plans Examiner/Building Inspector III services for the Building and Zoning 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 plans in the permitting process. The position of Structural Engineer was approved however, the Building and Zoning Department has unsuccessfully attempted to recruit for this position at a starting salary of $41,502.55 per year. Metro Dade frequently has an ad in the Miami Herald for the same position at a salary in excess of $69,000 a year. Funding for this contract will come from the Structural Engineer position (building Inspector III) and would be terminated when the position is filled. In an effort to remedy that situation, last year we hired two (2) Structural Engineer consultants under a $15,000 each Professional Service Agreement to assist with the review process. The agreements expire December 31, 1997. In order to guarantee continued service to the public this year, we will have four (4) Structural Engineer consultants under a $10,000 each Professional Service Agreement. The funds are budgeted under account 560302-340 and 560302-902, project 421001. Adoption of the attached resolution will not only allow the Building and Zoning Department to meet the industry's demand for this service, but continue our enforcement of the South Florida Building Code. Z54;,", 98 19 1