Res No 044-23-15978RESOLUTION NO. 044-23-15978
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA, CLARIFYING THE AUTHORIZATION APPROVED
IN RESOLUTION NO. 059-21-15670 FOR WORK BY H&R PAVING, INC.;
PROVIDING FOR IMPLEMENTATION; CORRECTIONS;
SEVERABILITY; AND AN EFFECTIVE DATE.
WHEREAS, on May 18, 2021, the City Commission passed and adopted Resolution No.
059-21-15670 (the "Authorizing Resolution"), which authorized the City Manager to procure
services from H&R Paving, Inc., on a piggyback contract and to expend monies for roadway
milling and resurfacing up to the figure appropriated in the capital improvement program section
for the City's budget for each year of the contract and any extensions; and
WHEREAS, the City has engaged H&R Paving pursuant to that authorization to engage
in work covered under the contract, including pavement resurfacing and roadway repair services,
as well as other services provided in the contract, the relevant portion of which is set forth in
Exhibit "A"; and
WHEREAS, the City Commission desires to clarify that the authorization provided to the
City Manager under the Authorizing Resolution includes expenditures for all services provided in
the contract as set forth in Exhibit "A"; and
WHEREAS, the City Commission finds that this Resolution is in the best interest and
welfare of the City.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA:
Section 1. Recitals Adopted. The above-stated recitals are true and correct and are
incorporated herein by this reference.
Section 2. Clarifying the Authorization of City Manager under the Authorizing
Resolution. The authorization provided to the City Manager under Resolution No. 059-21-15670
includes expenditures for all services provided in the contract as set forth in Exhibit "A." Any
expenditures made pursuant to the Authorizing Resolution for services listed in Exhibit "A" up to
the figure appropriated in the capital improvement program section for the City's budget for each
year are within the scope of the authorization provided in the Authorizing Resolution.
Section 3. Implementation. The City Manager is hereby authorized to take any and
all action necessary to implement the Additional Services and the purposes of this Resolution.
Section 4. Corrections. Conforming language or technical scrivener-type corrections
may be made by the City Attorney for any conforming amendments to be incorporated into the
final resolution for signature.
Section 5. Severability. If any section, clause, sentence, or phrase of this Resolution
Page 1 of2
Res . No . 044-23~1 5978
is for any reason held in valid or un constitutio nal by a cou rt of co mpete nt jurisd ic tion , the holdin g
s hal l not affect the va lidity of t he rem ai nin g portio ns of thi s Reso lution.
Section 6. Effective Date. T hi s Resolution s h a ll become effective immediately upon
adoption.
PASSED AND A D OPT E D this 18 th day of Apri l, 2023.
ATTEST:
READ AND A PPROVED AS TO FORM,
LANGUAGE, LEGALITY AN D
EXECUTION THEREOF:
WEISdMN C OLE
& BIERMAN, P.L.
C ITY ATTORNEY
A PPROVED:
M
COMMISSION VOTE:
Mayor Fernandez:
V ice Mayor Bon ich:
Commissione r Ca lle:
Co mmissione r Lieb m an :
Commi ssio ner Corey :
Page 2 of 2
5-0
Y ea
Y ea
Yea
Yea
Yea
Agenda Item No:6.
City Commission Agenda Item Report
Meeting Date: April 18, 2023
Submitted by: Tony Recio
Submitting Department: City Attorney
Item Type: Resolution
Agenda Section:
Subject:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, CLARIFYING THE
AUTHORIZATION APPROVED IN RESOLUTION NO. 059-21-15670 FOR WORK BY H&R PAVING, INC.;
PROVIDING FOR IMPLEMENTATION; CORRECTIONS; SEVERABILITY; AND AN EFFECTIVE DATE. 3/5
(CITY MANAGER)
Suggested Action:
Attachments:
Memo H&R.docx
46B9787-Reso Clarifying Expenditure Authorization in Reso 059-21-15670 for H&R Paving.DOCX
46C0345-Exhibit A to Reso Clarifying Expenditure Authorization in Reso 059-21-15670 for H&R.DOCX
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CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
TO:The Honorable Mayor, Vice Mayor, and Members of the City Commission
FROM:Genaro “Chip” Iglesias,City Manager
DATE:April 18, 2023
SUBJECT:A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI,
FLORIDA,CLARIFYING THE AUTHORIZATION APPROVED IN RESOLUTION NO.059-
21-15670 FOR WORK BY H&R PAVING,INC.;PROVIDING FOR IMPLEMENTATION;
CORRECTIONS;SEVERABILITY;AND AN EFFECTIVE DATE.
RECOMMENDATION:Clarify the authorization provided to the City Manager under the
Authorizing Resolution includes expenditures for all services provided in
the contract as set forth in Exhibit “A.”
BACKGROUND:on May 18, 2021, the City Commission passed and adopted Resolution No.
059-21-15670 (the “Authorizing Resolution”), which authorized the City
Manager to procure services from H&R Paving, Inc., on a piggyback
contract and to expend monies for roadway milling and resurfacing up to
the figure appropriated in the capital improvement program section for
the City’s budget for each year of the contract and any extensions.
The City has engaged H&R Paving pursuant to that authorization to engage
in work covered under the contract, including pavement resurfacing and
roadway repair services, as well as other services provided in the contract,
the relevant portion of which is set forth in Exhibit “A.” The City seeks
clarification as to the authorization provided under the contract.
ATTACHMENTS:Resolution
Exhibit A-Services Covered
2
Exhibit A
Services Covered
5