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HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #14591 Date: 09/05/2023 Commission Meeting Date: 09/14/2023 Requesting Department: City Manager's Office Sponsored By: District Impacted: All Type: Resolution Subject: Approving Agreement - SMGQ Law Purpose of Item: A Resolution of the Miami Commission, approving a waiver of conflicts in the Expert Consultant Agreement ("Agreement") with Javier E. Fernandez, P.A., d/b/a SMGQ Law, a Florida profit corporation ("SMGQ Law"), to engage Mr. Javier E. Fernandez for the provision of assistance to the City of Miami ("City") in its efforts to form an instrumentality agency of the City dedicated to the development of affordable and workforce housing. Authorizing the City Manager to execute the Agreement between the City and SMGQ Law in a form acceptable to the City Attorney, for said purpose. Further authorizing the City Manager to negotiate and execute any and all other documents, including any amendments, renewals, and extensions subject to all allocations, appropriations, prior budgetary approvals in compliance with all applicable provisions of the Code of the City of Miami, Florida, as amended, ("City Code"), including, the City of Miami Procurement Ordinance, Anti -deficiency Act, and Financial Integrity Principles, all as set forth in Chapter 18 of the City Code, in forms acceptable to the City Attorney, and in compliance with all applicable laws, rules and regulations, as may be deemed necessary for said purpose. Background of Item: Currently the City of Miami ("City") is experiencing an affordable and workforce housing crisis due to the lack of available affordable housing units within the City. The City Manager's Office, is engaging Javier E. Fernandez, P.A. d/b/a SMGQ Law, through an Expert Consultant Agreement ("Agreement") to assist the City in the creation of an instrumentality agency of the City dedicated to the development of affordable and workforce housing. The City negotiated an Agreement with SMGQ Law; however, SMGQ Law is requesting a waiver of conflicts provision to be included in the Agreement. Said waiver of conflicts must be approved by the City Commission. Budget Impact Analysis Item is NOT Related to Revenue Item is NOT funded by Bonds Total Fiscal Impact: N/A City Manager's Office Office of Management and Budget Office of Management and Budget Department of Procurement Legislative Division Office of the City Attorney Office of the City Attorney City Commission Office of the City Clerk Arthur Noriega V Aniska Elliott Leon P Michel Annie Perez Valentin J Alvarez Pablo Velez Victoria Mendez Maricarmen Lopez City Clerk's Office Reviewed B City Manager Review Budget Analyst Review Budget Review Procurement Review Legislative Division Review ACA Review Approved Form and Correctness Meeting Rendered Completed 09/05/2023 6:35 PM Completed 09/05/2023 7:22 PM Completed 09/05/2023 8:17 PM Completed 09/05/2023 8:24 PM Completed 09/05/2023 9:06 PM Completed 09/05/2023 9:30 PM Completed 09/05/2023 9:49 PM Completed 09/14/2023 9:00 AM Completed 09/21/2023 4:51 PM City of Miami Legislation Resolution Enactment Number: R-23-0413 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 14591 Final Action Date:9/14/2023 A RESOLUTION OF THE MIAMI COMMISSION, APPROVING A WAIVER OF CONFLICTS IN THE EXPERT CONSULTANT AGREEMENT ("AGREEMENT") WITH JAVIER E. FERNANDEZ, P.A. D/B/A SMGQ LAW, A FLORIDA PROFIT CORPORATION ("SMGQ LAW'), TO ENGAGE MR. JAVIER E. FERNANDEZ FOR THE PROVISION OF ASSISTANCE TO THE CITY OF MIAMI ("CITY") IN ITS EFFORTS TO FORM AN INSTRUMENTALITY AGENCY OF THE CITY DEDICATED TO THE DEVELOPMENT OF AFFORDABLE AND WORKFORCE HOUSING; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT BETWEEN THE CITY AND SMGQ LAW, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, AND EXTENSIONS, SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY APPROVALS, IN COMPLIANCE WITH ALL APPLICABLE PROVISIONS OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), INCLUDING THE CITY OF MIAMI PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS, AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE. WHEREAS, the City of Miami ("City") negotiated an Expert Consultant Agreement ("Agreement") with Javier E. Fernandez, P.A. d/b/a SMGQ Law, a Florida profit corporation ("SMGQ Law"), for the provision of assistance to the City in its efforts to form an instrumentality agency of the City dedicated to the development of affordable and workforce housing; and WHEREAS; SMGQ Law is requesting a significant change to the Agreement, specifically approving a waiver of conflicts limited to such existing matters on which SMGQ Law is presently adverse to the City in connection with their representation of clients before the City on matters unrelated to the scope of the Agreement; and WHEREAS, said waiver of conflicts must be approved by the City Commission; 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 adopted by reference and incorporated as fully set forth in this Section. Section 2. The waiver of conflicts in the Agreement with SMGQ Law, to engage Mr. Javier E. Fernandez for the provision of assistance to the City in its efforts to form an instrumentality agency of the City dedicated to the development of affordable and workforce housing is hereby approved. Section 3. The City Manager is authorized' to execute the Agreement between the City and SMGQ Law, in a form acceptable to the City Attorney, for said purpose. Section 4. The City Manager is further authorized to negotiate and execute any and all other documents, including any amendments, renewals, and extensions, subject to all allocations, appropriations, prior budgetary approvals, in compliance with all applicable provisions of the Code of the City of Miami, Florida, as amended ("City Code"), including the City's Procurement Ordinance, Anti -Deficiency Act, and Financial Integrity Principles, all as set forth in Chapter 18 of the City Code, in forms acceptable to the City Attorney, and in compliance with all applicable laws, rules, and regulations, as may be deemed necessary for said purpose. Section 5. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: ndez, ity Attor ey 9/5/2023 1 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.