HomeMy WebLinkAboutR-89-0803i•
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J-89-887
9/13/89
80-803
RF.SC2,VTION No.
A RFMMION, WITfi ATT1OlEW, AUTHORIZING THE CITY
MANAGER 70 EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE
ATnbo D FORM, WITH JOSE FABREGAS, FOR PROFESSIONAL,
DEVELOPMWr CONSULTANT AND C %--RUCTION SUPERVISION
SERVICES, IN CONNECTION WITH THE DEVELOPMENT AND
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CON.STRUCTICH SUPERVISION OF THE CITY SPONSORED
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SCATTERED SITE AETamABLE HC[+'EOWNERSHIP PROGRAM, THE
ST. HUM OAKS VILLAGE PROTECT AND THE MELX0SE NURSERY,
FOR A PERIOD OF ONE (1) YEAR FOR A TOTAL FEE OF
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$20, 000, WITH FUNDS THEREFOR ALLOCATED FROM CAPITAL
IMPROVEMENT PROJECT NO. 321034, "SCATTERED SITE
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AFFORi1AffiE HOUSING DEVELOPMENT 1317,10CE2AI"i" .
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WHEREAS, Jose Fabregas, General Contractor, now a private consultant,
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resigned from the City of Miami on July 5, 1989 after two years of faithful
and effective service; and
in as
WHEREAS, Jose Fabregas has demonstrated his expertise serving
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Development Coordinator and Project Manager in connection with several housing
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programs and projects which are being implemented by the City's Housing
Conservation and Development Agency; and
WHEREAS, the City of Miami has a vital interest in the continuation of
the City sponsored Scattered Site Affordable Homeownership 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 -owned parcels acquired, in addition to parcels planned
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for acquisition in 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 the
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contracting and actual construction of the housing units planned, working
under the general supervision of the Assistant Director for the City's Housing
Conservation and Development Agency; 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
ATTAUp1���I
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Oft N T A I i NE 0
CITY COMMISSION
MEETING OF
SEP 14 1989
)N No.
Section of the City Oodab- exwpt* this contffttt
from W, otitive negotiatiom;
Nowt r BE iv mamm i3y Tm amassim op Tw crrr or Kuwr
Section 1. The recitals and findings contained in the Premble, 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 constniction supervision of the City sponsored scattered site
affordable homeownership program, the St. Hugh Oaks Village Project and the
Melrose Nursery, for a period of one (1) year for a total fee of $20,000, with
funds therefor being hereby allocated from Capital Improvement Project
No. 321034, "Scattered Site Affordable Housing Development Program"
Section 3. This Resolution shall become effective immediately
upon its adoption.
PASSED AND ADOPTED this 14th day of
NZOWJ;� �1RJ1Z.1V*"VAeJDq -.$
F40BM F. CLARK
CHIEF ASSISDW CITY ATIaM
LZGISLATICH/SPBCIAL PRIWBCTS DIVISION
WCtBSS:MI191
1989.
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Pl OrESS IONAL SERVICE$ AOMMUM
This Agreement entered into this day of
1989, 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, the St. Hugh Oaks Village
Project and the Fern Isle Nursery Project; and
WHEREAS, the CONSULTANT holds the academic and professional
qualifications and license required for these services; and
NOW % nFREP'OM 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:
SECTION I - TERMS
The term of this Agreement shall be from July 15, 1989
through July 14, 1990. This Agreement may be extended to July
15, 1991, if deemed necessary by the CITY.
SECTION 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;
(3) the Fern Isle Nursery Project planned in the Allapattah
neighborhood, in addition to other public -private housing
ventures presently in the pre -development planning phase.
4. 4"'K 89- 803
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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
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deducted from the CITY'm payments to the CONSULTANT. —
_ r! 11.!% nhNSULTANT shall be available on -call, at the diacret= r n
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of the City Manager, on any and all matters related to the
Housing Agency projects, but it shall be the intent of this
Agreement that the CONSULTANT shall work a minimum of fifteen
(15) hours per week, including weekends, 49 weeks of each
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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 Housing Conservation and Development Agency's
office.
SECTIO[v -1I - COMPENSATION
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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.
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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.
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D) CITY shall have the right to review and audit the time
records and related records of CONSULTANT pertaining to any
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payment by the CITY.
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SECTION 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.
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A) All notices or other coroamunications 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 gl . cz4i ; : the :a; 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
Housing Conservation and
Development Agency
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 Lulea ui tide+ 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
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.
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OWTION V 1 - M811? Or OCUMB "S
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
ite use. CONSULTANT agrees that all documents maintained and
generated purquart to this contractual rc;z_:-^reship 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.
SECTION VII — NONDELEGABILITY
Taii.L obligations undertaken by CONSULTANT pursuant 01-0
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.
SECTION 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.
SECTION 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.
ORMO N X CONSTRUCTION OF AGREMAM
This Agreement shall be construed and enforced according to
the laws of the State of Florida.
SECTION XI - SUCCESSORS AND ASSIGNS
This ;gretment shall be binding upon the parties herein#
their heirs, executors, legal representatives, successors, and
assigns.
SECTION XII - INDEMNIFICATION
In consideration of Ten ($10.00) Dollars paid by the CITY to
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CONSULTANT as specific, independent and separate consideration,
the CONSULTANT shall indemnify and save the CITY, its officials,
employees, agents, and authorized representatives harmless from
any and all claims, liability, losses and causes of action, in
contract or in tort, in law or in equity, which may arise out of
performance of thin- I iacmen: cc a result of any error, omission
or negligent act of the CONSULTANT, unless such act is caused by
an employee, agent or authorized representative of the CITY. The
CONSULTANT shall pay all costs 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.
SECTION XIII - 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.
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SECTION XIV - 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.
SECTION XV - 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 CONSULTAN an anount in excess of
the total sum provided by this Agreement.
I It is hereby understood by and between CITY and CONSULTANT
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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.
SECTION XVI - 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.
SECTION XVII - MINORITY PROCUREMENT COMPLIANCE
CONSULTANT acknowledges that it has been furnished a copy of
Ordinance No. 10538, 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.
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-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
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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
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