04-22-08 Item 9South Miami
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CITY OF SOUTH MIAMI D®
OFFICE OF THE CITY MANAGER
INTER - OFFICE MEMORANDUM 2001
To: The Honorable Mayor Feliu and Members of the City Commission
Via: W. Ajibola Balogun, City Manager
From: Eva Rosa, Code Enforcement Manager
Date: April 22, 2008
Subject: Resolution re- appointing Enrique Zamora Esq. to provide Special Master
services to the City of South Miami for a one -year term commencing on May
7, 2008 and ending May 6, 2009.
Request: That Enrique Zamora, Esq. be re- appointed to provide Special Master services for
one -year commencing on May 7, 2008 and ending May 6, 2009, or until other
successor is appointed by the City Commission.
Reason /Need: The Special Master system has been in place in South Miami since 2003. The
Special Master presides over code enforcement appeal hearings. The use of a
Special Master has been a cost effective option of adjudicating issues. relating
to code violations that has proven to be fair and expeditious. Mr. Zamora has
been an effective and objective hearing officer and staff recommends his re-
appointment as Special Master.
Cost: $ 100.00 per hour.
Funding Source: Code Enforcement Fines Revenue Account, #001 - 0000 - 341 -9040 which has
a current balance of $81,750.00. is the funding sources for the expense to
be charged to account 001.1640.524.3111.
Backup Documentation: Resume, Contract and Account Balance Information.
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RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO
EXECUTE A CONTRACT, RELATING TO SPECIAL MASTER SERVICES;
RE- APPOINTING ENRIQUE ZAMORA, ESQ. AS SPECIAL MASTER FOR
THE CITY OF SOUTH MIAMI AT A RATE OF $100 PER HOUR;
AUTHORIZING EXPENSES TO BE CHARGED TO EXPENSE ACCOUNT,
#001.1640.524.3111 ENTITLED "CODE ENFORCEMENT PROFESSIONAL
SERVICES — SPECIAL MASTERS" TO BE FUNDED THROUGH THE
REVENUE COLLECTION ACCOUNT TITLED "CODE ENFORCEMENT
FINES REVENUE ACCOUNT" — 001.0000.341.9040; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, since 2003the use of Special Masters has proven to be an expeditious, cost effective
and fair means of adjudicating issues relating to code violations; and
WHEREAS, the appointment of Enrique Zamora, Esq. to provide the Special Master services to
the City of South Miami expires May 6, 2008; and
WHEREAS, the City has been satisfied with his service therefore the City Manager has
recommended re- appointing him for another one -year term commencing on May 7, 2008, and ending May
6, 2009, or until successor have been contracted; and
WHEREAS, the Mayor and City Commission accept the City Manager's recommendation.
NOW, THEREFORE, BE IT RESOLVED /ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT:
Section 1. That Enrique Zamora, Esq., is hereby re- appointed to serve as Special Master for
the City of South Miami at the rate of $100.00 per hour to be charged to account Code Enforcement
Professional Services Special Master Account # 001.1640.524.3111, funded through the Code
Enforcement Fines Revenue Account, # 001.0000.341.9040 which has a current balance of $81,750.83.
The special master is authorized to execute the attached contract, which contract is incorporated by
reference into this resolution as exhibit 1.
Section 2. Special Master Services by Mr. Zamora shall be for a one -year period commencing
May 7, 2008 and ending May 6, 2009, or until such time as a successor is appointed.
Section 3. That Enrique Zamora, Esq., shall be authorized to conduct hearings as may be
required in accordance with the City's Code of Ordinances and Land Development Code, the Florida
Building Code and the Miami -Dade County Code.
Section 4. This `resolution shall take effect upon adoption.'
PASSED AND ADOPTED this day of , 2008.
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ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
1St Reading — (for ordinances only)
2nd Reading — (for ordinances only)
COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Beasley:
Commissioner Palmer:
Commissioner Beckman:
Commissioner Wiscombe:
CADocuments and SettingsNgarciaEocal SettingsUemporary Intemet Files \0MENemo -Reso re- appointment 08- 09.doc
ENMQUE ZAMORA, ESQ.
10 N.W.' Lefesnze Road, Lefeune Exec. Bldg., Suite 600 • Miami, Florida 33126.305 -476 -8770
LEGAL EXPERIENCE
ZAMORA & HILLMAN
10 N.W. Lejeune Road, Suite 600, Miami, Florida 33126 - 2001 to present
Areas of Concentration: Probate & Guardianship administration, litigation and
mediation, Elder Law, Estate Planning, and related litigation; Real Estate.
LAw OFFICES OF ENRIQUE ZAMORA
1102 Ponce de Leon Blvd., Coral Gables, Florida 33134 - 1997 to 2000
Areas of Concentration: Probate & Guardianship litigation, .Elder Law, Estate
Planning, Corporate, Contract and Business Law and related litigation; Real Estate.
PER.EZ- ABREU� ZAMORA, HILLMAN & MARTIN-LAVIELLE, PA
901 Ponce de Leon Blvd., Suite 502, Coral Gables, F133134 - Founding Partner, 1987 to 1997
Areas of Concentration Probate & Guardianship litigation, Elder Law, Estate
Planning, Corporate, Contract and Business Law and related litigation; Real Estate.
SOUTHERN GENERAL LIFE INSURANCE COMPANY
4950 SW 72nd Avenue, Suite 201, Miami, Florida 33155
General Counsel, October 1985 to December 1987
LEGAL AcirvlTlEs
Special Master for the City of Miami Beach
President and Director of the South Florida Guardianship Association
Certified civil mediator
Court Appointed Attorney- Ad -Litem for Cuban National Heirs, 11th Judicial
Circuit of the State of Florida, Dade County- Probate Division
Member of the Guardianship .Law Committee of the Florida Bar
TEACHING ACTIVITIES
Miami -Dade Comm. College - Professional Guardianship Prgm -1998 to date.
Lead Instructor & Planning Committee Chair of the 40 -Hour course for
Professional Guardians
University of Miami- Koubek Center - September 1989 to 1998
SCHOOL OF CONTINUING STUDIES
Adjunct Professor of Business Law
Florida National College - fitly 1,986 to 1996
Professor of Paralegal Program
Responsible for teaching; Trusts & Wills, Business Law, Real Estate and
Introduction to the American Legal System.
SEMINARS / PRESENTATIONS
Probate Litigation- Speaker
This seminar was presented by the "Put Something Back" Program
in conjunction with the DCBA Probate Committee- December 2002
Medicaid and Elder Law Issues in Florida- Speaker
Offered by Lorman Education Services - November 2002
Procedural and Probate issues in Wrongful Death Cases- Speaker
Offered by Lorman Education Services - September 2002
Guardianships: How to Help - Speaker
City of Miami Beach's Office of Elder's Affairs - May 2002
Depository Account- How do they really work?- Speaker
Presented by the Academy of Florida Elder Law Attorneys- May 2001
US /Cuba Alternatives for the View Administration - The Legal Issue - Speaker
Presented by St. Thomas University School of Law- February 2001
Baker Acts - Speaker
Presented by the Florida International University School of Nursing - January 2001
Ethics in Guardianship- Speaker
Presented to the Florida State Guardianship Association Conference - August.2000
Probate Litigation- Speaker
This seminar was presented by the "Put Something Back" Program
in conjunction with the DCBA Probate Committee - April 2000.
EDUCATION
UNIVERSITY OF MIAMI - SCHOOL OF LAW
CORAL GABLES, FLORIDA
JURIs DOCTOR DEGREE 1985, CUM LAUDE - May 1985
FLORIDA INTERNATIONAL UNIVERSTTY
MIAMI, FLORIDA
MASTER OF B USINESS ADMIMSTRATION, 1975
MASTER OF SCIENCE INMANAGEMENT, (Accounting & Taxation) 1981
UNIVERSITY OF FLORIDA
GAINEsvmu, FLORIDA
BACHELOR OFSCIENCE ]NELEcnUCAL ENGINEERING, 1971
PROFESSIONAL MEMBERSHIPS
I The Florida Bar
The Elder Law Section - Florida Bar
Dade County Bar Association
Cuban American Bar Association
Florida State Guardianship Association
South Florida Guardianship Association
REFERENCES
AVAILABLE UPON REQUEST
CONTRACT BETWEEN CITY OF SOUTH MIAMI
AND ENRIQUE ZAMORA
This contract is made and entered into this day of ,
2008 between the City of South Mami (City), a Florida municipal corporation,
located at 6130 Sunset Drive, South Miami, Florida 33143 and Enrique Zamora,
Jr., individually, located at 122 Minorca Avenue, Coral Gables, Florida 33 134
(consultant).
WITNESSETH:
WHEREAS, the City desires to engage and retain the services of the
consultant to perform special master services as described in ins contract and the
consultant desires to accept the engagement; and,
NOW THEREFORE, in consideration of the sum of $10.00, the mutual
promises and covenants contained in this contract, and for other good and valuable
consideration, the receipt and legal sufficiency of which is acknowledged by both
parties, the parties agree as follows.
1. WHEREAS CLAUSES
1.1. The above whereas clauses are incorporated and made a part
of this contract.
2. STATEMENT OF WORK
2.1 The statement of work for this project shall be as provided
within the city's code of ordinances, section 2 -24 and 2 -25.
3. COMMENCEMENT DATE AND TERM
3.1 The term shall commence upon the date of the execution of
this contract and expires in year. Upon the expiration of the term of
service, the consultant may be reappointed for two additional one year terms,
provided that such reappointment be recommended by the City manager and be
approved by a majority vote of the City Commission.
city
consultant
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3.2 Work shall commence upon the issuance of a written task
order (issuance of agenda) by the City. Work shall proceed in substantial
compliance with the schedule of services contained in the statement of work.
4. PAYMENT
4.1 The City shall pay the consultant $100.00 per hour as
provided in the city's code of ordinances.
4.2 The City shall not be liable to pay, and shall not pay, charges
for extra work, delay charges, or additional work, unless the City's contract officer
specifically authorizes the extra or additional work, in a written task order before
the commencement of the work.
5. TRANSFER AND ASSIGNMENT
5.1 None of the work or services under this contract shall be
subcontracted unless the consultant obtains prior written consent from the City.
Approved subcontractors shall be subject to each provision of this contract and the
consultant shall be responsible and indemnify the City for all subcontractors' acts,
errors or omissions.
5.2 The consultant shall not assign, transfer or pledge any interest
in this contract without the prior written consent of the City; provided, however,
that claims for money by the consultant from the City under this contract may be
assigned, transferred or pledged to a bank, trust company, or other financial
institution without the City's approval. Written notice of any assignment, transfer
or pledge of funds shall be furnished within 10 days by the consultant to the City.
6. TERMINATION FOR DEFAULT
6.1 Either party may terminate this contract prior to the expiration
of the initial term or any subsequent renewal term on account of a material breach
of this contract by the other party, which has not been cured within 10 days from
the date of receipt of written notice of breach from the party seeking termination.
6.2 Termination shall be effective as of the end of the notice
period in the case of any uncured material breach.
city
consultant
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6.3 The consultant may terminate this contract prior to the
expiration of the initial term or any subsequent renewal term upon not less than
10 -days prior written notice to the City in the event that the consultant is unable to
complete the services identified in paragraph 2.1 due to causes beyond the
consultant's control.
6.4 The City shall have no liability to the consultant for future
profits or losses in the event of termination for default.
6.5 The rights and remedies of the City provided in this provision
shall not be exclusive and are in addition to any other rights and remedies
provided by law or under this contract.
6.6 The City shall not be liable for future profits or losses.
7. TERMINATION FOR CONVENIENCE
7.1 The City may terminate this contract for convenience at any
time by giving 10 days notice in writing to the consultant. The consultant will be
paid for the value of services performed pursuant to the schedule contained in the -
statement of work, up to and including the termination date. The Consultant will be
permitted to complete on -going investigations and shall be paid for all satisfactory
work completed. The City shall not be liable for future profits or losses.
7.2 In the event that the City improperly terminates the contract
for default under paragraph 7, the termination shall be deemed a termination for
convenience under this paragraph.
8. INTEREST PAYMENTS DUE TO LATE PAYMENT
8.1 The City shall make payment to the consultant within 30 days
of receipt of the original written invoice and sufficient backup documentation and
acceptance of the work by the City. Interest -shall accrue on unpaid invoices as
provided by Section 218.74, Florida Statutes.
8.2 The consultant shall not be entitled to any carrying charges or
finance fees due to late payment by the City.
city
consultant
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9. LIENS
9.1 The consultant, subcontractors, suppliers and laborers are
prohibited from placing alien on City's property.
10. INDEPENDENT CONTRACTOR
10.1 The consultant is furnishing its services as an independent
contractor and nothing in this contract shall create any association, partnership or
joint venture between the parties, or any employer - employee relationships.
11. INDEMNIFICATION
11.1 The consultant shall defend, indemnify and hold the City
harmless from any and all claims, liability, losses, expenses and causes of action
arising solely out of an act by the consultant of intentional misconduct or
malfeasance.
12. JURISDICTION AND VENUE
12.1 For the purposes of this contract, Florida law shall govern the
terms of this contract. Venue shall be in Miami -Dade County, Florida.
13. SOVEREIGN IMMUNITY AND ATTORNEY'S FEES
13.1 The City does not waive sovereign immunity for any claim
for breach of contract or for an award of prejudgment interest; provided, however,
that in any action arising out of or to enforce this contract, the prevailing party
shall be entitled to its reasonable attorney's fees and costs.
14. NOTICES
14.1 All notices given or required under this contract shall be
deemed sufficient if sent by certified mail, return receipt requested, to the
addresses of the consultant and to the City specified in this contract, unless either
party shall specify to the other party a different address for the giving of the
notices.
•
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city
consultant
15. CONTRACTING OFFICER REPRESENTATION
15.1 For the purposes of this contract, the contracting officers are
as follows:
To the City: City of South Miami
6 130 Sunset Drive
South Miami, Florida 33 143
Attention: City Manager
To the Consultant: Zamora & Hillman, Attorney's at Law
3006 Aviation Avenue, Penthouse 4 -C,
Coconut Grove, Florida 33133
Attention: Enrique Zamora, Esq.
15.2 The signatories to this contract warrant that they are duly
authorized by action of their respective City commission, board of directors or
other authority to execute this contract and to bind the parties to the promises,
terms, conditions and warranties contained in this contract.
16. EXAMINATION AND RETENTION OF CONTRACTOR'S
RECORDS
16.1 The City, or any of their duly authorized representatives,
shall, until 3 years after final payment under this contract, have access to and the
right to examine any of the consultant's books, ledgers, documents, papers, or other
records involving transactions related to this contract for the purpose of making
audit, examination, excerpts, and transcriptions.
17. OWNERSHIP OF DOCUMENTS
17.1 All documents, reports, plans, specifications or other records,
including electronic records, resulting from the professional services rendered by
the consultant under this contract shall be deemed the property of the City and the
City shall have all rights incident to this ownership. The consultant acknowledges
that all documents prepared under this contract shall be public records, and shall be
subject to public inspection and copying, as provided by Florida Statutes chapter
119. Upon conclusion of this contract and any extensions, all documents shall be
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consultant
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delivered by the consultant to the City. The consultant shall have the right to retain
copies of the documents at the consultant's expense.
18. SEVERABILITY
18.1 Should any paragraph or any part of any paragraph of this
contract be rendered void, invalid or unenforceable by any court of law, for any
reason, the determination shall not render void, invalid or unenforceable any other
section or part of any section of this contract.
19. ENTIRE CONTRACT
19.1 The contract, when signed by all of the parties, constitutes the
full and complete understanding and contract of all parties and may not be in any
manner interpreted or fulfilled in contradiction of its express terms. This contract
and the incorporated attachments constitute the entire understanding between the
parties and integrates by its terms all previous contracts or understandings, oral or
written between the parties.
20. CONTINGENCY FEE AND CODE OF ETHICS WARRANTY
20.1 The consultant warrants that neither it, nor any principal,
employee, agent, representative or family member has promised to pay, and the
consultant has not, and will not, pay a fee the amount of which is contingent upon
the City awarding this contract to the consultant.
20.2 The consultant warrants that neither it, nor any principal,
employee, agent, representative or family member has procured, or attempted to
procure, this contract in violation of any of the provisions of the Miami -Dade
County or the City of South Miami conflict of interest and code of ethics
ordinances.
20.3 A violation of this paragraph will result in the termination of
the contract and forfeiture of funds paid, or to be paid, to the consultant.
21. MISCELLANEOUS
21.1 In the event a court must interpret any word or provision of
this agreement, the word or provision shall not be construed against either party by
reason of drafting or negotiating this agreement.
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consultant
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. IN WITNESS WHEREOF, the parties hereto, acting through their duly
authorized officers, have executed this contract as of the date first above written.
The City of South Miami Consultant
W. Ajibola Balogun
City Manager
ATTEST:
CITY CLERK
.0
Maria Menendez
Approved as to form:
.0
Eve A. Boutsis, Office of City Attorney,
Nagin Gallop & Figueredo, P.A.
Page 7 of 7
Lo
Enrique Zamora
city
consultant
IN WITNESS WHEREOF, the parties hereto, acting through their duly
authorized officers, have executed this contract as of the date first above written.
The City of South Miami Consultant
W. Ajibola Balogun
City Manager
ATTEST:
CITY CLERK
By:
Maria Menendez
Approved as to form:
.0
Eve A. Boutsis, Office of City Attorney,
Nagin Gallop & Figueredo, P.A.
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M.
Hector Villain r Jr.
city
consultant