Loading...
HomeMy WebLinkAboutR-90-0922J-90-989 11/15/90 RESOLUTION NO. 9 0~ 922 A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH JOSE FABREGAS, AN INDIVIDUAL, FOR PROFESSIONAL DEVELOPMENT CONSULTANT AND CONSTRUCTION SUPERVISION SERVICES, IN CONNECTION WITH THE DEVELOPMENT AND CONSTRUCTION SUPERVISION OF THE CITY SPONSORED SCATTERED SITE AFFORDABLE HOMEOWNERSHIP PROGRAM, AND THE ST. HUGH OAKS VILLAGE PROJECT, FOR A PERIOD OF ONE (1) YEAR FOR A TOTAL FEE OF $20,000, WITH FUNDS THEREFOR ALLOCATED FROM CAPITAL IMPROVEMENT PROJECT NO. 321034, "SCATTERED SITE AFFORDABLE HOUSING DEVELOPMENT PROGRAM." WHEREAS, Jose Fabregas, General Contractor, now a private consultant, resigned from the City of Miami on July 5, 1989 after two years of faithful and effective service; and WHEREAS, the City Commission, via Resolution No. 89-801, waived the Conflict of Interest provision of Section 2-302 of the Code of the City of Miami, and authorized Jose Fabregas to provide consultant and supervision services to the City in connection with the City sponsored Scattered Site Affordable Homeownership Program, the St. Hugh Oaks Village Project and the Melrose Nursery; and WHEREAS, Jose Fabregas has demonstrated his expertise in serving as Development Coordinator and Project Manager in connection with several housing programs and projects which are being implemented by the City's Department of Development and Housing Conservation; and WHEREAS, the City of Miami has a vital interest in the continuation of the City sponsored Scattered Site Affordable Homeownership Development Program, and the development of the City sponsored St. Hugh Oaks Village Housing Project, as well as the development of affordable housing on other City -owned parcels acquired, in addition to parcels planned for acquisition in ATTACHMENTS CONTAINED CITY COMMISSION MEETING OF U E C B 1990 _9o- 922 Ruatunon connection with the development of housing affordable to low and/or moderate income families and individuals in the City; and WHEREAS, it is in the best interest of the City to engage a professional with the combined knowledge of design and financing that comprises the development field and the professional qualifications to supervise contracting and actual construction of the housing units planned, working under the general supervision of the Assistant Director for the City's Department of Development and Housing Conservation; and WHEREAS, funding for the herein agreement has been identified and is available from Capital Improvement Project No. 321034, "Scattered Site Affordable Housing Development Program," to fund the cost of providing said services; and WHEREAS, Section 18-52.2(a)(ii) of the City Code exempts this contract from competitive negotiations; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: 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 an agreement, in substantially the attached form, for professional development consultant and construction supervision services, in connection with the development and construction supervision of the City sponsored Scattered Site Affordable Homeownership Development Program, and the St. Hugh Oaks Village Project, for a period of one (1) year for a total fee of $20,000, with funds therefor being hereby allocated from Capital Improvement Project No. 321034, "Scattered Site Affordable Housing Development Program." Section 3. This Resolution shall become effective immediately upon its adoption. -2- 90- 922 19 PASSED AND ADOPTED this 6th 1990. ATTEST: MATTY—HIRAI, CITY CLER CAPITAL IMPROVEMENT PROGRAM REVIEW: OFexxyr/-1 0 EDUA RODR GU Z CIP PROJECT MANAGER PREPARED AND APPROVED BY: JZ'EL MAXWELL C EF ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: n _ . J RGE L: ERNA C TY.ATTO NEY JEM/db/M1888 Z - 3 - day of December FINANCE DEPARTMENT REVIEW 0111�' CARLO RCIA, DIRECTOR FINANCE EPARTMENT 90- 922 PROFESSIONAL SERVICES AGREEMENT This Agreement entered into this day of , 1990, by and between the CITY OF MIAMI, a municipal corporation of the State of Florida, hereinafter referred to as "CITY", and JOSE FABREGAS, an individual, hereinafter referred to as "CONSULTANT." R E C I T A L WHEREAS, the CITY is desirous of engaging the CONSULTANT to provide technical assistance for the implementation and administration of several City sponsored affordable housing programs, specifically the City sponsored Scattered Site Affordable Homeownership Program and the St. Hugh Oaks Village Project; and WHEREAS, the CONSULTANT holds the academic and professional qualifications and license required for these services; and 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 agree as follows: I - TERMS The term of this Agreement shall be from October 1, 1990 through September 30, 1991. II - SCOPE OF SERVICES A) CONSULTANT shall provide technical assistance to the City in connection with the development of various City sponsored housing programs and projects which shall include, but not limited to the following: (1) the Scattered Site Affordable Homeownership Development Program; (2) the St. Hugh Oaks Village Project planned in the Coconut Grove neighborhood, in addition to other public -private housing ventures presently in the pre -development planning phase. �� 90- 922 ,0 B) CONSULTANT shall not participate in other professional services agreements without expressed written consent of the City Manager. In the event other professional services agreements are authorized, an amount equal to payments received from a third party for such an agreement will be deducted from the CITY's payments to the CONSULTANT. C) The CONSULTANT shall be available on call, at the discretion of the City Manager, on any and all matters related to the Department of Development and Housing Conservation projects, but it shall be the intent of this Agreement that the CONSULTANT shall work a minimum of ten (10) hours per week, including weekends, 49 weeks of each year said Agreement is in effect. D) The preparation of CONSULTANT's memorandums, reports and/or City -sponsored reports and contract documents shall be prepared at the Department of Development and Housing Conservation's office. III - COMPENSATION A) CITY shall pay CONSULTANT, as maximum compensation for services required pursuant to Paragraph II hereof, One Thousand Six Hundred Sixty Seven Dollars ($1,667.00) per month. B) Such compensation shall be paid on the first business day of each month for the pervious month. C) There shall be no expenses paid to the CONSULTANT in addition to the monthly emolument, unless they are incurred in direct relationship to this Agreement for travel outside of Dade County. In such case, the CONSULTANT shall be reimbursed for approved expenses. D) CITY shall have the right to review and audit the time records and related records of CONSULTANT pertaining to any payment by the CITY. - 2 - IV - COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS Both parties shall comply with all applicable laws, ordinances and codes of federal, state and local government. V - 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 which personally served; or, if by mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier. CITY OF MIAMI Herbert J. Bailey Assistant City Manager/Director Department of Development and Housing Conservation Dupont Plaza Center, Suite 401 300 Biscayne Blvd. Way Miami, Florida 33131 CONSULTANT Jose Fabregas 10939 Southwest 71st Street Miami, Florida 33173 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 provision hereof, and no waiver shall be effective unless made in writing. E) Should any provisions, paragraphs, sentences, words or phrases 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 provisions, paragraphs, sentences, words or phrases shall be deemed modified to the extent necessary - 3 - 94-- 922 e in order to conform with such laws, or if not 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. VI - 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 pursuant to paragraph II hereof and shall become the property of CITY, without restriction or limitation on its 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. VII - NONDELEGABILITY That the obligations undertaken by CONSULTANT pursuant to this Agreement shall not be delegated or assigned to any other person or firm unless CITY shall first consent in writing to the performance or assignment of such service or any part thereof by another person or firm. VIII - 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 one year after final payment is made under this Agreement. �a - 490- 922 IX - AWARD OF AGREEMENT CONSULTANT warrants that it has not employed or retained any person employed by the CITY to solicit or secure this Agreement and that it 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. X -- CONSTRUCTION OF AGREEMENT This Agreement shall be construed and enforced according to the laws of the State of Florida. XI - SUCCESSORS AND ASSIGNS This Agreement shall be binding upon the parties herein, their heirs, executors, legal representatives, successors, and assigns. XII - CONFLICT OF INTEREST A) CONSULTANT covenants that no person under its 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 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. - 5 - 1-4Q- 929; r. XIII - INDEPENDENT CONTRACTOR CONSULTANT shall be deemed to be an independent contractor, but shall retain any rights or benefits to which he is entitled as a former City employee. XIV - TERMINATION OF CONTRACT This Agreement may be terminated by either party with thirty (30) days written notice without penalty to CITY. In that event, notice of termination of this Agreement shall be in writing to CONSULTANT, who shall be paid for those services performed prior to the date of its 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. I£ CONSULTANT is in default, then CITY shall in no way be obligated and shall not pay to CONSULTANT any sum whatsoever. XV - NONDISCRIMINATION CONSULTANT agrees that it shall not discriminate as to race, sex, color, creed, national origin, or handicap in connection with its performance under this Agreement. XVI - MINORITY PROCUREMENT COMPLIANCE CONSULTANT acknowledges that it has been furnished a copy of Ordinance No. 10062, 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. •- 6- 9 0 '- 922 i_x P XVII — 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 conditions contained herein, then CITY, at its sole option, upon written notice to CONSULTANT may 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. XVIII — 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. 90,. 922 XIX'— AMENDMENTS No amendments to this Agreement shall be binding on either party unless in writing and signed by both parties. 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. ATTEST: MATTY HIRAI CITY CLERK WITNESSES: APPROVED AS TO FORM AND CORRECTNESS: JORGE L. FERNANDEZ CITY ATTORNEY CITY OF MIAMI, a municipal Corporation of the State of Florida BY: CESAR H. ODIO CITY MANAGER CONSULTANT: Jose Fabregas Jose Fabregas b 90~ 922 W CITY OF MIAMI, FLORIDA CA=9 INTER -OFFICE MEMORANDUM TO Honorable Mayor and Members DATE NOV 2 71990 FILE of the City Commission Resolution Authorizing the SUBJECT: City Manager to Execute an Agreement for Professional Services with Jose Fabregas FROM Cesar H. Odio REFERENCES: City Commission Agenda City Manager Item - December b, 1990 ENCLOSURES: RECOMMENDATION: It is respectfully recommended that the City Commission adopt the attached resolution authorizing the City Manager to execute an Agreement with Jose Fabregas, as an independent contractor, for the purpose of providing development consultant and construction supervision services to the City's Department of Development and Housing Conservation, in connection with the implementation of several new housing projects and programs which are being administered by the Department. BACKGROUND: The Department of Development and Housing Conservation recommends ratification of the attached resolution, authorizing the City Manger to execute an Agreement with Jose Fabregas, as an independent contractor, for the purpose of providing development consultant and construction supervision services to the City's Department of Development and Housing Conservation, in connection with the implementation of several new housing projects and programs which are being administered by the Department. On July 5, 1989, Jose Fabregas, a former City employee, resigned his position as Housing Development Coordinator with the City's Department of Development and Housing Conservation to accept the position of Executive Director with CODEC, Inc., a not -for -profit corporation. While serving in the abovementioned capacity, Mr. Fabregas functioned as Project Manager for several new housing programs and projects which are being implemented and/or coordinated by the City's Department of Development and Housing Conservation. These include the City sponsored Scattered Site Affordable Homeownership Development Program, the proposed St. Hugh Oaks Affordable Housing Project, as well as several other public -private housing initiatives currently in the predevelopment planning phase. Presently, there does not exist appropriate staff in the Department with technical expertise in the area of housing development and construction supervision which would allow for such functions and duties to be assumed by other members of the Department of Development and Housing Conservation staff. 9 y - 922 6" Resolution Authorizing City Manager to Execute Agreement for Professional Services Page - 2 - It is further anticipated that the retention of Jose Fabregas, as an independent contractor would be a more efficient and invaluable measure to maintain continuity with the implementation and administration of several new housing projects currently under construction and planned for construction with the next 6-9 months. Moreover, it is also anticipated that approximately $31,000 in salary and fringe benefits savings will be realized by the City during Fiscal Year 1990-91 should the position previously held by the former employee remain vacant. $20,000has been determined as compensation for providing said services to the City for a one (1) year period. Funding to defray the cost of providing said services to the City will be made available from Capital Improvement Project No. 321034 "Scattered Site Affordable Housing Development Program." In an effort to move the construction of several new housing programs and projects planned in the City forward, City Commission ratification of the attached resolution is recommended. Attachments: Resolution Agreement 94- 922