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HomeMy WebLinkAboutR-97-0186F x J-97-1 1 1 2/5/97 RESOLUTION NO.9 186 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; ALLOCATING FUNDS THEREFOR, IN AN AMOUNT NOT TO EXCEED $30,000, FROM SALARY SAVINGS IN THE INSPECTION SERVICES DIVISION FY '97 BUDGET, ACCOUNT NO. 560302-001, PROJECT NO. 421001. WHEREAS, the Building and Zoning Department of the City of Miami 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 the 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 Inspectors III; and WHEREAS, funds are available from salary savings in the Inspection Services Division FY '97 Budget, Account No. 560302-001, Project No. 421001, in an amount not to exceed $30,000; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: ATTAC DM, UMT ( ) ICONTAINED CITY COMMISSION MEETING OF MAR 2 0 1997 Resolution No. 97- 186 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 Department, with funds therefor hereby allocate, in an amount not to exceed $30,000, from salary savings in the Inspection Services Division FY '97 Budget, Account No. 560302-001, Project No. 421001. Section 3. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 20thday of March , 1997. CAROLLO, MAYOR ATTEST: WALTER J. F EMAN CITY CLERK BUDGETARY REVIEW: QL—Z-,-Z,• MICHAEL IJAVIN, DIRECTOR FINANCE DEPARTMENT ' 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- L 97- 186 PREPARED AND APPROVED BY: 0 G AMIREZ-SEIJ ASSI ANT CITY AT OR Y i APPROVED AS TO FORM AND CORRECTNESS: N / CI �I 0 ES, III YJA T NEY I I W 1426:csk:ORS 3- L 97- 186 2 PROFESSIONAL SERVICES AGREEMENT This Agreement entered into this 15th day of January 1997, by and between the City of Miami, a municipal corporation of the State of Florida, hereinafter referred to as "CITY'; and, Juan A. Fernandez-Barquin, SS# 265-06-1443 hereinafter referred to as "CONSUL TANT. " RECITAL: WHEREAS, the City of Miami, Florida, requires professional services in the area of Structural Plans Examiner/Building Inspector III; and WHEREAS, the Consultant is a Florida licensed professional engineer, has practiced his/her profession within the jurisdiction of the South Florida Building Code for a period of at least five (5) years, is certified by the Metro Board of Rules and Appeals as a structural plans examiner and is qualified to perform the duties as Structural Plans Examiner/Building Inspector III; and WHEREAS, the Consultant has expressed a desire to perform the required professional services for the City; and WHEREAS, funding up to the amount of this contract will be available from salary savings in the Inspection Services Division within the FY'97 Budget; 97- 186 L NOW, THEREFORE in consideration of the mutual covenants and obligations herein contained, and subject to the terms and conditions hereinafter stated, the parties hereto understand and agrees as follows: I. TERM: The term of this Agreement shall be until funds of $4,500 are exhausted, or December 31,1997, whichever comes first. Il. SUPERVISION: CONSULTANT shall be under the direct supervision of the Chief of the Structural Section. SCOPE OF SERVICES: CONSULTANT will provide the following professional services: (1) Review blueprints, construction drawings and specifications to 1 determine whether plans, specifications, workmanship and materials submitted conform to local and state codes and legally established i requirements. 9 7 - 16 L (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 re- submission when required. . (4) Process walk-throughs for commercial and residential projects and assist public, contractors, architects, engineers, 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. IV. COMPENSATION: A. CITY shall pay CONSULTANT, as maximum compensation for the services required pursuant to Paragraph III hereof, the sum of 4 500. B. Such compensation shall be paid on the following basis: The CONSULTANT shall be paid at the rate of $30.00 per hour on a bi- montly basis. Payment of all taxes and expenses such as income tax, 97- 186 social security, health and major medical insurance, personal insurances and general expenses of any kind are not provided for in this Agreement will be the responsibility of the CONSULTANT. Payments shall be made only upon presentation of an invoice from the CONSULTANT and certification by the Assistant Director of the Building and Zoning Department that subject services have been completed to the satisfaction of the City's Building Official. V. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS: Both parties shall comply with all applicable laws, ordinances and codes of federal, state and local governments. VI. GENERAL CONDITIONS: A. All notices or other communications which shall or may be given pursuant to this Agreement shall be in writing and shall be delivered by personal service, or by registered mail addressed to the other party at the address indicated herein or as the same may be changed from time to time. Such notice shall be deemed given on the day on 97- 186 L which personally served; or, if by mail, on the fifth day after being posted or the date of actual receipt, which is earlier. CITY OF MIAMI CONSULTANT Edward Marquez Juan A. Fernandez-Barquin City Manager Structural Engineer i 3500 Pan American Drive 717 Ponce de Leon Blvd. - #222 Miami, FL 33133 Coral Gables, FL 33134 B. Title and paragraph headings are for convenient reference and are not a part of this Agreement. C. In the event of conflict between the terms of this Agreement and any terms or conditions contained in any attached documents, the terms in this Agreement shall rule. D. No waiver or breach of any provision of this Agreement shall constitute a waiver of any subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing. E. 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 97- 186 modifiable to conform with such laws, 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. VII. OWNERSHIP OF DOCUMENTS: All documents developed by CONSULTANT under this Agreement shall be delivered to CITY by said CONSULTANT upon completion of the services required pursuantto Paragraph 111 hereof and shall become the property of CITY, without restriction or limitation on its use. This excludes illustrations or photographs that may be purchased by the CITY from other vendors with restrictions on their use. CONSULTANT agrees that all documents maintained and generated pursuant to this contractual relationship between CITY and CONSULTANT shall be subject to all provisions of the Public Records Law, Chapter 119, Florida Statutes. It is further understood by and between the parties that any information, writings, maps, contract documents, reports or any other matter whatsoever which is given by CITY to CONSULTANT pursuant to this Agreement shall at all times remain the property of CITY and shall not be used by CONSULTANT for any other purposes whatsoever without the written consent of CITY. 9'7- 186 L f 1 The CONSULTANT shall not discuss assignments or reports, or release documents to the public or news media without the oral or written consent, respectively as the case may be, of the CITY. Vill. NONDELEGABILITY: The obligations of CONSULTANT pursuant to this Agreement shall not be delegated or assigned to any other person or firm without the CITY's prior written consent. IX. AUDIT RIGHTS: CITY reserves the right to audit the records of CONSULTANT at any time during the performance of this Agreement and for a period of three (3) years after final payment is made under this Agreement. X. AWARD OF AGREEMENT: CONSULTANT warrants that he/she has not employed or retained any person 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 employed by the CITY any fee, commission percentage, brokerage fee, or gift of any kind contingent upon or resulting from the award of this Agreement. 97- 186 Fi XI. CONSTRUCTION OF AGREEMENT: This Agreement shall be construed and enforced according to the laws of the State of Florida. XII. SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon the parties herein, their heirs, executors, legal representatives, successors, and assigns. XII1. INDEMNIFICATION: CONSULTANT shall indemnify and save CITY harmless from and against any and all claims, liabilities, losses, and causes of action which may arise out of CONSULTANT's activities under this Agreement, including all other acts or omissions to act on the part of CONSULTANT, including any person acting for or on its behalf, and, from and against any orders, judgments, or decrees which may be entered and from and against all costs, attorneys' fees, expenses and liabilities incurred in the defense of any such claims, or in the investigation thereof. CONFLICT OF INTEREST: 97- 186 A. CONSULTANT covenants that no person under his/her employ who presently exercises any functions or responsibilities in connection with this Agreement has any personal financial interests, direct or indirect, with CITY. CONSULTANT further covenants that, in the performance of this Agreement, no person having such conflicting interest shall be employed. Any such interests on the part of CONSULTANT or its employees, must be disclosed in writing to CITY. B. CONSULTANT covenants that while exercising the functions of this agreement, he/she will not participate in the review of projects for which he/she has a personal or professional interest. C. CONSULTANT is aware of the conflict of interest laws of the City of Miami (City of Miami Code Chapter 2, Article V), Dade County Florida (Dade County Code Section 2-11.1) and the State of Florida, and agrees that it shall fully comply in all respects with the terms of said laws. XV. INDEPENDENT CONTRACTOR: CONSULTANT is and shall at all times be deemed to be an independent contractor, and not an agent or employee of CITY, and shall not attain any rights or benefits under the Civil Service or Pension Ordinances of CITY, or any rights generally afforded classified or unclassified employees; further WE he/she shall not be deemed entitled to the Florida Workers' Compensation benefits as an employee of CITY. XVI. TERMINATION OF CONTRACT: Both CITY and CONSULTANT retain the right to terminate this Agreement at any time prior to the completion of the services required, pursuant to paragraph III hereof without penalty to either party. In that event, notice of termination of this Agreement shall be in writing. CONSULTANT shall be paid for those services performed prior to the date of his receipt of the notice of termination. In no case, however, will CITY pay CONSULTANT an amount in excess of the total sum provided by this Agreement. It is hereby understood by and between CITY and CONSULTANT that any payment made in accordance with this Section to CONSULTANT shall be made only if said CONSULTANT is not in default under the terms of this Agreement. If CONSULTANT is in default, then CITY shall in no way be obligated and shall not pay to CONSULTANT any sum whatsoever. on NONDISCRIMINATION: CONSULTANT agrees that he/she shall not discriminate as to race, color, religion, sex, national origin, age, handicap, or marital status in connection with its performance under this Agreement. 97- 186 Furthermore, that no otherwise qualified individual shall, solely by reason of his/her race, sex, color, religion, age, national origin, marital status, or handicap, be excluded from the participation in, be denied benefits of, or be subjected to discrimination under any activity contemplated under this Agreement. Will. MINORITY PROCUREMENT COMPLIANCE: CONSULTANT acknowledges that he/she has been furnished a copy of Ordinance No. 10533, the Minority Procurement Ordinance of the City of Miami, and agrees to comply with all applicable substantive and procedural provisions therein, including any amendments thereto. XIX: CONTINGENCY CLAUSE: Funding for this Agreement is contingent on the availability of funds and continued authorization for program activities and is subject to amendment or termination due to lack of funds, or authorization, reduction of funds, and/or change in regulations. XX: DEFAULT PROVISION: In the event that CONSULTANT shall fail to comply with each and every term and condition of this Agreement or fails to perform any of the terms and 97- 186 L conditions contained herein, then CITY, upon written notice to CONSULTANT, to cancel and terminate this Agreement, and all payments, advances, or other compensation paid to CONSULTANT by CITY while CONSULTANT was in default of the provisions herein contained, shall be forthwith returned to CITY. XXI : ENTIRE AGREEMENT: This instrument and its attachments constitute the sole and only Agreement of the parties hereto relating to said grant and correctly sets 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. XXI4. AMENDMENTS: No amendments to this Agreement shall be binding on either party unless in writing and signed by both parties. 97- 186 L A " .. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by the respective officials thereunto duly authorized, this the day and year first above written. CITY OF MIAMI, a municipal Corporation of the State of ATTEST: Florida BY: WALTER FOEMAN EDWARD MARQUEZ City Clerk City Manager ATTEST: Corporation Secretary WITNESSES: (As t&006N�'YXTANT) (NOTE: If CONSULTANT is not a corporation, two witnesses must sign). APPROVED AS TO INSURANCE REQUIREMENTS: Frank K. Roilason Deputy Dire Chief Risk Management Division L 0 A APPROVED AS TO FORM AND CORRECTNESS: A. Q61nn J sAy City Attor 97- 186 F TO: Mayor and Members of the Commission FROM CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM DATE: MAR 1 0 1997 FILE : SUBJECT: Proposed Resolution for Structural Engineer REFERENCES: Professional Service Edward Mafqu�'z Agreement City Manager 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 as part of the Stierheim plan, 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 I excess of $69,000 a year. Funding for this contract would come from the Structural Engineer position and would be terminated when the position is I filled. In an effort to remedy that situation, last year we hired a structural engineer consultant under a $4,500 Professional Service Agreement to assist with the review process. The agreement expired December 31, 1996. At present, there are two (2) structural engineers on staff. However, one of these two Structural Engineers is the Chief of Structural Section and is taking time away from his duties in the Section to review plans. The funds for this agreement are available in our revised budget. 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. 1 M .ti