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Home My WebLink AboutR-89-0801J-89-886 9/13/89 RESOLUTION NO. A FMMMCN WAIVING, BY A 4 /5THS AFFIR WIVE VOTE OF THE I RS OF THE CITY COMMSSION AFI'l;"R A DULY ADVERTISED PUBLIC HEARING, THE PROHIBITION CWIAINED IN CITY CODE SECTION 2-302 FOR THE PROCUREMENT OF PROFESSIONAL DEVELOPMENT CONSULTANT AND CONSTRUCTION j SUPERVISING SERVICES OF JOSE FAMW3A.S, IN CONNECTION 1 WITH THE DEVELOPMENT AND CONSTRUCTION SUPERVISION OF THE CITY SPONSORED SCATTERED SITE AFFORDABLE Ha'ID04MISHIP PRI)GRAM, THE ST. HUGH OAKS VIL1" PROJECT AND THE MELROSE NURSERY. l WHEREAS, Jose Fabregas, General Contractor, now a private consultant, resigned fran the City of Miami. on July 5, 1989 after two years of faithful and effective service; and WHEREAS, Jose Fabregas has demonstrated his expertise in serving as a t Development Coordinator and Project Manager in connection with several housing programs and projects which are being .implemented by the City's Housing ' Conservation and Development Agency; and i WHEREAS, the City of Miami has a vital interest in the continuation of �= the City sponsored Scattered Site Affordable Hameownership Program, the — ? development of the City sponsored St. Hugh Oaks Village Housing Project and the Melrose Nursery Housing Project, as well as the development of affordable housing on other City -awned parcels acquired, in addition to parcels planned for acquisition in connection with the development of housing affordable to 3" low and/or moderate inceme families and individuals in the City; and WHEREAS, it is in the best interest of the City to engage a professional with the ca bind knowledge of design and financing that comprises the development field and the professional qualifications to supervise the contracting and actual construction of the housing units planned, working under the general supervision of the Assistant Director for the City's Housing i I t Conservation and Development Agency; j NOW, THEREEIORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MUM, 1 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. CITY COMMISSION MEETING OF SEP 14( 1989 RESOLUTION No. v REMARKS: Section 2, The waiver set forth in Section 3 hereof is based upon the recitals and findings contained in Section I hereof and upon the following findings (a) The services of Joss FabregaS, general Contractor,, are unique in character as they relate to certain elements and tasks of various new homing programs and projects currently being addnistered and bp1grented for the production of affordable housing in the City of Miami by the City's Housing Conservation and Development Agency. (b) The City of Miami desires said services to be performed by Jose Fabregas through a proposed agreement, the execution of which would be in violation of City Code Section 2-302 were there not a waiver of the prohibition contained in said Section 2-302. w,l(c) The herein proposed transaction will be in the best interest of the City of Miami. Section 3. The prohibition contained in Section 2-302 of the City Code is hereby waived by a 4/5ths affirmative vote of the members of the City Commission, after a duly advertised public hearing. Section 4. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 14th day of SeptembSr,=, 1989. -Ar VF� 10 1W PREPARED AND APPROVED BY: ROBM F. CLMX CHIEF ASSISTANT CITY ATTORNEY LEGISLATION/SPECIAL PROJECTS DIVISION APPROVED AS M FORM AND CORRECTNESS: L. CITY AZ WC/BSS/M1190 -L Honorable Mayor and Members of the City Commission FROM : Jo go L. F nandez City Attor ey DATE . September 13 t 198911: SUwET city Commission Maetirig September 14, 1989 REFERENCES: Agenda Itefi$' #J and-. #26 ENCLOSURES, (4 ) In the process of approving Items #25 (J-89-595) and #26 (J-89-858) on the Agenda, scheduled for 11:00 A.M. and 11:05 A.M., respectively, we were not mindful of the difficulty encountered by you in April, 1988 when the City Commission was presented with a single resolution calling for a conflict of interest waiver and for approval of a consultant contract. Accordingly, as in the past, both of these Items have now been redrafted to allow separate consideration of granting the waiver to Messrs. Fabregas and Clark, respectively, and if granted, then the question of authorizing the execution of the contract with these two individuals for their respective consultant services. The vote on the Resolutions granting the waivers (J-89-886 and J-89-882) requires a 4/5ths vote following the public hearing as noted above. The Resolutions (J-89-887 and J-89-883) authorizing the contracts only require a majority vote of the Commission. Copies of these four newly -drafted resolutions are attached Aenda for bstituted in yo your consideration and should be su Packed JLF:RFC:bss:P725 cc: Cesar H. Odio, City Manager Matty Hirai, City Clerk ' Herbert J. Bailey, Director Housing Conservation and Development Agency i 89'-80� 89_8Q3, v� a a =f + f Owe Zls �a s AN _ •t � � j _ '�� :: we "n'"7'�-_. CITY OF MIAh1I. FLORIDA 2S MEMORANDUM INTER -OFFICE MEM O ,o Honorable Mayor and Members of the City Commission v V140%. Cesar H. Odio City Manager RECOMMENDATION• DATE SEP - 1 1989 FILE Resolution Authorizing the suwlcTCity Manager to Execute an Agreement for Professional Services with Jose Fabregas REFEaENCESCity Commission Agenda Item - September 14, 1989 ENCLOSURES It is respectfully recommended that the City Commission adopt the attached resolution, waiving by a 4/5th affirmative vote of the City Commission, the requirements and prohibition contained in the City Code Section 2-302, in connection with the retention of Jose Fabregas, former City employee, as an independent contractor with the City of Miami. Further authorizing the City Manager to execute an Agreement with said individual for the purpose of providing development consultant and construction supervision services to the City's Housing Conservation and Development Agency, in connection with the implementation of several new housing programs and projects which are being administered by the Housing Agency. BACKGROUND: The Housing Conservation and Development Agency recommends ratification of the attached resolution, waiving by a 4/5th affirmative vote of the City Commission, the requirements and prohibition contained in the City Code Section 2-302, in connection with the retention of Jose Fabregas, former City employee, as an independent contractor with the City of Miami. Further authorizing the City Manager to execute an Agreement with said individual for the purpose of providing development consultant and construction supervision services to the City's Housing Conservation and Development Agency, in connection with the implementation of several new housing programs and projects which are being administered by the Housing Agency. On July 5, 1989, Jose Fabregas, General Contractor, resigned his position as Housing Development Coordinator with the City's Housing Conservation and Development Agency. While serving in the above mentioned 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 Housing Conservation and Development Agency. These include the City sponsored Scattered Site Affordable Homeownership Development Program, Residential Plaza at Blue Lagoon project (U.S. HUD assisted), the St. Hugh Oaks and Melrose Nursery Housing Projects, as well as other public -private housing initiatives currently in the pre -development planning phase. /��"' 5 "% ftetolution Authotiting City Manager to tkteute Agreement for professional services Page =2- 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 Housing Agency staff• 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/or planned for construction within the next 3-6 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 1989-90 should the position previously held by the former employee remain vacant. $20,000 has 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 __A -1 ----A 4- 46ti,e O-i tv fnrm.%rA _ ri tv rnmmi amion