HomeMy WebLinkAboutR-23-0413City of Miami
Resolution R-23-0413
Legislation
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
City of Miami Page 1 of 2 File ID: 14591 (Revision:) Printed On: 7/11/2025
File ID: 14591 Enactment Number: R-23-0413
instrumentality agency of the City dedicated to the development of affordable and workforce
housing is hereby approved.
Section 3. The City Manager is authorized1 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, City 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.
City of Miami Page 2 of 2 File ID: 14591 (Revision:) Printed on: 7/11/2025