04-03-07 Item 23South Miami
na-0er UNY
I F
CITY OF SOUTH MIAMI
to�'o OFFICE OF THE CITY MANAGER
Ri INTER - OFFICE MEMORANDUM 2001 c13
To: The Honorable Mayor Feliu and Members of the City Commission
Via: Yvonne S, McKinley, City Manager
From: Eva Rosa, Code Enforcement Manager
Date: April 3, 2007
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, 2007 and ending May 6, 2008.
Request: That Enrique Zamora, Esq. be re- appointed to provide Special Master services for
a one -year term commencing on May 7, 2007 and ending May 6, 2008, or until
other successor are appointed by the City Commission.
Reason /Need: The City Commission adopted Ordinance No. 6 -03 -1790, abolishing the Code
Enforcement Board and establishing a Special Master in an effort to preside
over code enforcement violation 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.
Cost: $100.00 per hour.
Funding Source: Code Enforcement Fines Revenue Account, #001- 0000.341 -9040 which has
a current balance of $35,924.13, is the funding sources for the expense to be charged to
account 001. 1640.524.311 1.
Backup Documentation: Contract and Account Balance information.
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1 RESOLUTION NO.
2
3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
4 OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO
5 EXECUTE A CONTRACT, RELATING TO SPECIAL MASTER SERVICES;
6 RE- APPOINTING ENRIQUE ZAMORA, ESQ. AS SPECIAL MASTER FOR
7 THE CITY OF SOUTH MIAMI AT A RATE OF $100 PER HOUR;
8 AUTHORIZING EXPENSES TO BE CHARGED TO EXPENSE ACCOUNT
9 #001 - 1640.524.3111 ENTITLED "CODE ENFORCEMENT PROFESSIONAL
10 SERVICES — SPECIAL MASTERS" TO BE FUNDED THROUGH THE
11 REVENUE COLLECTION ACCOUNT TITLED "CODE ENFORCEMENT
12 FINES REVENUE ACCOUNT" — 001.0000.341.9040; AND PROVIDING FOR AN
13 EFFECTIVE DATE.
14
15 WHEREAS, pursuant to Ordinance no. 6 -03 -1790, adopted by the South Miami City Commission
16 on March 18, 2003 establishing a Special Master; and
17
18 WHEREAS, the use of Special Masters has proven to be an expeditious, cost effective and fair
19 means of adjudicating issues relating to code violations; and
20
2.1 WHEREAS, the appointment of Enrique Zamora, Esq. to provide the Special Master services to
22 the City of South Miami expires May 6, 2007; and
23
24 WHEREAS, the City has been satisfied with his services therefore the City Manager has
25 recommended re- appointing him for another one -year term commencing on May 7, 2007, and ending May
26 6, 2008, or until successor have been contracted; and
27
28 WHEREAS, the Mayor and City Commission have accepted this recommendation.
29
30 NOW, THEREFORE, BE IT RESOLVED/ORDAINED BY THE MAYOR AND CITY
31 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT:
32
33 Section 1. That Enrique Zamora, Esq. is hereby re- appointed to serve as Special Master for the
34 City of South Miami at the rate of $100.00 per hour to be charged to account Code Enforcement
35 Professional Services — Special Master Account # 001.1640.524.3111, funded through the Code
36 Enforcement Fines Revenue Account, #001 -0000- 341 -9040 which has a current balance of $35.924.13.
37 The special master is authorized to execute the attached contract, which contract is incorporated
38 by reference into this resolution as exhibit 1.
39
40 Section 2. Said Special Master Services shall remain in effect for a period of a one -year
41 commencing May 7, 2007 and ending May 7, 2008, or until. a successor is contracted.
42
43 Section 3. That Enrique Zamora, Esq. shall be authorized to conduct hearings as may be
44 required in accordance with the City's Code of Ordinances and Land Development Code, the Florida
45 Building Code and the Miami -Dade County Building Code.
46
47 Section 4. This resolution shall take effect upon adoption.
48
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PASSED AND ADOPTED this
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
day of , 2007.
APPROVED:
MAYOR
I" Reading — (for ordinances only)
2nd Reading — (for ordinances only)
COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Wiscombe:
Commissioner Palmer:
Commissioner Birts:
Commissioner Beckman:
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CONTRACT BETWEEN CITY OF SOUTH MIAMI
AND ENRIQUE ZAMORA
This contract is made and entered into this day of
2007 between the City of South Miami (City), a Florida municipal corporation,
located at 6130 Sunset Drive, South. Miami, Florida 33143 and Enrique Zamora,
Esq., individually, located at Zamora & Hillman, Attorney's at Law, 3006 Aviation
Avenue, Penthouse 4 -C, Coconut Grove, Florida 33133 (consultant).
WITNESSETH:
WHEREAS, the City desires to engage and retain the services of the
consultant to perform special, master services as described in this 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 T years. 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.
3.2 Work shall commence upon the issuance of a written task
order (issuance of agenda) by the City. Work shall proceed in substantial
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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 AS,5IGNMENT
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.
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
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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.
9. LIENS
9.1 The consultant, subcontractors, suppliers and laborers are
prohibited from placing a lien on City's property.
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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.
12. INDEMNIFICATION
12.1 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.
13. JURISDICTION AND VENUE
13.1 For the purposes of this contract, Florida law shall govern the
terms of this contract. Venue shall be in Miami -Dade County, Florida.
14. SOVEREIGN IMMUNITY AND ATTORNEY'S FEES
14.1 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 attormey's fees and costs.
15. NOTICES
15.1 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.
16. CONTRACTING OFFICER REPRESENTATION
16.1 For the purposes of this contract, the contracting officers are
as follows:
To the City: City of South Miami
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city
consultant
6130 Sunset Drive
South Miami, Florida 33143
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..
16.2 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.
17. EXAMINATION AND RETENTION OF CONTRACTOR'S
RECORDS
17.1 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.
18. OWNERSHIP OF DOCUMENTS
18.1 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 delivered by the consultant to the City. The consultant shall have the right
to retain copies of the documents at the consultant's expense.
19. SEVERABILITV
19.1 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 riot render void, invalid or unenforceable any other
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section or part of any section of this contract.
20. ENTIRE CONTRACT
20.1 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.
21. CONTINGENCY FEE AND CODE OF ETHICS WARRANTY
21.1 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.
21.2 The consultant warrants that neither it, nor any principal,
employee, agent, representative or fiamily 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.
21.3 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.
22. MISCELLANEOUS
22.1 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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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
By: By:
Yvonne Soler McKinley, Enrique Zamora
.City Manager
ATTEST:
CITY CLERK
Maria Menendez
Approved as to form:
By:
Eve A. Boutsis, Office of City Attorney,
Nagin Gallop & Figueredo, P.A.
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