2002-24737 Reso
RESOLUTION NO. 2002-24737
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING
THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH
DANIEL DAVIS, PE AND A TIORNEY AT LAW, TO
PERFORM SERVICES RELATIVE TO THE INVESTIGATION
AND PREPARATION OF A WRITTEN REPORT
CONCERNING THE PROPOSED DEBARMENT OF REG
ARCHITECTS, INC., SAID SERVICES IN AN AMOUNT NOT
TO EXCEED $20,000; APPROVING AN INITIAL
DELIVERABLE FOR $15,000 AND AN ALLOWANCE OF
$5,000 TO BE APPROVED BY THE ADMINISTRATION FOR
ADDITIONAL SERVICES, AS NEEDED; AND FURTHER
TRANSFERRING $20,000 FROM THE GENERAL
OPERATING FUND CONTINGENCY TO THE CAPITAL
IMPROVEMENT PROJECTS OFFICE PROFESSIONAL
SERVICES BUDGET FOR THIS PURPOSE TO COVER THE
COST OF THE AGREEMENT AND CONTINGENCY.
WHEREAS, the City is in the process of renovating the South Shore Community
Center (Project); and
WHEREAS, the architecture/engineering consultant of record for the Project is REG
Architects, Inc. (REG); and
WHEREAS, the City received a letter from a Miami Beach resident requesting that
debarment proceedings, pursuant to Sections 2-397 through 2-406 of the City Code, be
initiated against REG for work associated with the Project; and
WHEREAS, pursuant to Section 2-405 a request for debarment of a City contractor
must be transmitted by the City Manager to the Mayor and City Commission who shall then
transmit the request to a person who shall be charged by the City Commission with the
task of promptly investigating and preparing a written report(s) concerning the proposed
debarment, including the cause and process for debarment; and
WHEREAS, the letter of request was officially transmitted to the City Commission at
its January 9, 2002 meeting; and
WHEREAS, at the January 9, 2002 City Commission meeting, the City Commission
accepted the letter requesting debarment; forwarded the letter to the Procurement Director
for placement on the Debarment Committee agenda; and directed the City Manager to
prepare a recommendation for subsequent Commission action as to an investigator to
complete a factual report on the specific allegations; and
WHEREAS, the Administration recommends that Daniel Davis, PE and attorney at
law, be hired as the individual who shall be charged with the investigation and preparation
of a written report relative to the proposed debarment; and
WHEREAS, the Administration recommends that the City enter into an agreement
with Mr. Davis, in an amount not to exceed $20,000, consisting of an initial deliverable plus
an allowance of $5,000 to be approved by the Administration for additional services, as
needed.
NOW, THEREFORE BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission authorize the City Manager to execute an agreement with Daniel Davis, PE
and attorney at law, to perform services relative to the investigation and preparation of a
written report concerning the proposed debarment of REG Architects, Inc., said services in
an amount not to exceed $20,000; approve an initial deliverable for $15,000 and an
allowance of $5,000 to be approved by the Administration for additional services, as
needed; and further transfer $20,000 from the General Operating Fund Contingency to the
Capital I mprovement Projects Office Professional Services budget for this purpose to cover
the cost of the agreement and contingency.
PASSED AND ADOPTED this 20th day ofFjgblluauJ:2002.
A TIEST:
~(Y f~
CITY CLERK
APPROVED MTO
FORM&~
.. FOR EXECUTION
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Education:
Professional
Registrations:
Employment:
FROM-LAW OffICES
'305 446 7521
T-630 P.003/004 F-495
DANIEL DAVIS, P. E.
ATTORNEY AT LAW
t 3 t 3 PONCE DE L..e:ON eOU1..EVARD . SlJ ITE 200
CORAL. GAB1..ES. F1..0RIDA 33134
TEL.: (305) 446-2517 . FAX: (305) 446-7!52t
E-MAIL: dandavis@c::of.s.net
Exhibit A
February 7, 2002
PROFESSIONAL RESUME
DANIEL DAVIS, P.E.
ATTORNEY AT LAW
Bachelor of Science Civil Engineering
University of Florida, 1968
Juris Doctor, Cum Laude
University of Miami School of Law, 1993
State of Florida Professional Engineer, 1973 - present
Florida Bar Member, 1993 - present
American Society of Civil Engineers, 1993 - present
National Society of Professional Engineers, 1996 - present
American Arbitration Association, Construction Industry Arbitrator,
1996 - present
State of Florida Certified Circuit and County Court Mediator, 1998 -
present
Coral Gables Bar Association, 1996 - present, Director, 1998 -
present
Dade County Bar Association, 1999 - present
City of Coral Gables Construction Industry Regulation Board, 1999 -
2001
City of Coral Gables Code Enforcement Hearings Officer, 2001 -
present
Martindale-Hubbell AV rating, 1999 - present
Daniel Davis, P.E.
Attorney at Law
1313 Ponce de Leon Boulevard
Suite 200
Coral Gables, Florida 33134
1996 - present
Primary practice area involves construction related litigation matters,
representing owners, developers, contractors, sub-contractors, and
design professionals at judicial and administrative hearings, trials,
mediation proceedings, and arbitration hearings.
02-07-20Q2 1$:31
FRCM-lAW OfFICES
305 441i 7521
T-1i30 P.002/004 F-495
DANIEL DAVIS, P. E.
ATTORNEY AT L.A.W
Exhibit B
1313 PONCe. OE LEON BOUL.EVARD . SUITE 200
CORAL. CABLES. FL.ORIOA. 33134
TEL.: (305) 446-2.517 . FAX: (305) 446-7521
E-MAIL.:dandaviS@c;ofs.net
February 7,2002
Timothy Hemstreet
Special Assistant to th~ City Manager
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Re: Debarment Proceedings
REG Architects, Inc.
Dear Mr. Hemstreet:
Thank you for offering me the opportunity to investigate and prepare a written report
concerning the above referenced proposed debarment in accordance with City of Miami
Beach Ordinance No. 2000-3234 ("Ordinance"). It is my understanding that under this
assignment the work involved will include review of the written materials previously
provided to me by your office (ie. relevant contract documents, correspondence, job
materials, plans, sketches, etc.), interviews with persons knowledgeable ofthe facts ofthis
matter, preparation of a written report, one meeting with the City Manager to review and
explain the findings in the report, attendance and presentation at a hearing of the
debarment committee pursuantto Section 2-405 (b) of the Ordinance, and attendance and
testimony as a witness at the hearing of the debarment pursuant to Section 2-405 (c)(3),
if necessary.
I estimate that it will take me eighty (80) days to complete the work described above
up to and including presentation of the written report. I understand that the City
Commission will review this proposal on or about February 20, 2002. and if authorized to
proceed by February 22, 2002, I propose to present the written report by April 30, 2002.
The fee for providing all of the work described in the first paragraph shall be fifteen
thousand ($15,000) dollars. Additional work in the form of additional meetings,
presentations, testimony, or otherwise shall be compensated at the rate of one hundred
fifty ($150) dollars per hour.
I have enclosed a copy of my current professional resume pursuant to your request.
Thank you again for considering me for this appointment. If you have any questions
regarding this matter, please do not hesitate to contact me.
Sincerely,
~~
Daniel Davis
encl.
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...,.....,
CllY OF MIAMI BEACH
COIIIMISSION ITEM SUMMARY
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Condensed Title:
A Resolution authorizing an Agreement with Daniel Davis, PE and Attorney at Law, to perform Fact-Finding
Services relating to the Debarment Proceedings against REG Architects, Inc., in an amount not to exceed
$20,000.
Issue:
Shall the City execute an Agreement with Daniel Davis, PE and Attorney at Law, to perform Fact-Finding
Services relating to the Debarment Proceedings against REG Architects, Inc., in an amount not to exceed
$20,000.
Item SummalY/Recommendation:
The City received a letter from a Miami Beach resident requesting that Debarment proceedings be initiated
against REG Architects, Inc. for work associated with the South Shore Community Center project. According
to the Code of Ordinances, a debarment procedure is initiated upon request and transmittal of the letter of
request to the City Commission. Upon transmittal of the letter requesting debarment procedures, the City
Commission may designate an individual to prepare a factual report regarding the party in question, which is
then submitted to the Commission-appointed Debarment Committee for consideration and a final
determination. The letter of request was officially transmitted to the City Commission at its January 9, 2002
meeting, where the Commission accepted the letter, fOlwarded it to the Procurement Director for placement
on the Debarment Committee agenda, and directed the City Manager to prepare a recommendation for
subsequent Commission action on an investigator to complete a factual report on the specific allegation
It is the recommendation of the Administration that the City enter into an agreement with Daniel Davis, PE
and Attorney at Law, for Fact-Finding Services related to the Debarment Proceedings against REG in an
amount not to exceed $20,000, to be funded from the General Operating Fund Contingency.
Advisory Board Recommendation:
I N/A
Financiallnfonnation:
Amount to be expended:
Source of
Funds:
AGENDA ITEM
DATE
C71t
~-cUJ -0 z..
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
www.ci.miami-beach.f1.us
m
To:
From:
Subject:
COMMISSION MEMORANDUM
Mayor David Dermer and
Members of the City Commission
Date: February 20, 2002
Jorge M. GOnZalez\~
City Manager .ft. 0
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT WITH DANIEL DAVIS, PE AND ATTORNEY
AT LAW, TO PERFORM SERVICES RELATIVE TO THE INVESTIGATION
AND PREPARATION OF A WRITTEN REPORT CONCERNING THE
PROPOSED DEBARMENT OF REG ARCHITECTS, INC., SAID SERVICES
IN AN AMOUNT NOT TO EXCEED $20,000; APPROVING AN INITIAL
DELIVERABLE FOR $15,000 AND AN ALLOWANCE OF $5,000 TO BE
APPROVED BY THE ADMINISTRATION FOR ADDITIONAL SERVICES,
AS NEEDED; AND FURTHER TRANSFERRING $20,000 FROM THE
GENERAL OPERATING FUND CONTINGENCY TO THE CAPITAL
IMPROVEMENT PROJECTS OFFICE PROFESSIONAL SERVICES
BUDGET FOR THIS PURPOSE TO COVER THE COST OF THE
AGREEMENT AND CONTINGENCY
ADMINISTRATION RECOMMENDATION:
Adopt the Resolution.
FUNDING:
Total funding in the amount of $20,000 is available for transfer from the General Operating
Fund Contingency for this purpose.
BACKGROUND:
The City of Miami Beach (CITY) is renovating the South Shore Community Center
(Project). The Architecture/Engineering Consultant of record for the Project is REG
Architects, Inc. (REG).
The City received a letter from a Miami Beach resident requesting that Debarment
proceedings be initiated against REG for work associated with the Project. According to
the Debarment provisions of the Sections 2-397 through 2-406 of the Miami Beach Code of
Ordinances, a debarment procedure is initiated upon request and transmittal of the letter of
request to the City Commission. Upon transmittal of the letter requesting debarment
procedures, the City Commission may designate an individual to prepare a factual report
regarding the party in question, which is then submitted to the Commission-appointed
Debarment Committee for consideration and a final determination.
il
February 20, 2002
City Commission Memorandum
REG Debarment Proceedings - Fact-Finder Services
Page 2 of 2
The letter of request was officially transmitted to the City Commission at its January 9,
2002 meeting, where the Commission accepted the letter, forwarded it to the Procurement
Director for placement on the Debarment Committee agenda, and directed the City
Manager to prepare a recommendation for subsequent Commission action on an
investigator to complete a factual report on the specific allegation.
The Administration is recommending Daniel Davis based on his unique qualifications of
being both a licensed Professional Engineer with construction experience and a trained
Attorney. Mr. Davis has been providing some limited services to the City through his
contract with Siegfried, Rivera, Lerner, De La Torre & Sobel, P.A., which is the City's
construction litigation legal firm. Given his qualifications and familiarity with the City, Mr.
Davis is uniquely suited for this assignment. A summary of Mr. Davis' qualifications
appears below, and his professional resume is attached as Exhibit A.
Mr. Davis has been registered as a Professional Engineer in the State of Florida since
1973, and a member of the Florida Bar Association since 1993. Currently, Mr. Davis is
operating his own legal practice, which focuses on construction-related litigation matters.
From 1993 to 1996, Mr. Davis was an employee of Siegfried, Rivera, Lerner, De La Torre &
Sobel, P.A., again focusing on construction-related litigation matters. As a Professional
Engineer, Mr. Davis served as Co-owner, Vice-President and Director of Davis Engineers,
where the work focused on engineering design primarily for structural systems for
commercial, industrial and residential construction.
Mr. Davis has submitted a written proposal for fees not to exceed $15,000 to perform the
related services, including reviewing the relevant files, interviewing persons knowledgeable
of the facts of this matter, preparing a written report of his findings, and attending three
other applicable meetings. (Said proposal is attached as Exhibit B.) Mr. Davis anticipates
being able to complete this work no later than April 30, 2001. The Administration has
determined that this is an appropriate amount for such services. If additional work in the
form of meetings, presentations, testimony or otherwise is requested of Mr. Davis, that
work shall be compensated at a rate of $150.00 per hour. In the interest of expediting this
fact-finding process, the Administration recommends the approval of an allowance of
$5,000 be approved to be used on an as needed basis by the Administration for such
additional services.
CONCLUSION:
Upon approval and authorization by the Mayor and City Commission, the Administration
will proceed with an agreement with Mr. Davis, and begin the Fact-Finding portion of the
Debarment Proceedings. Therefore the Administration recommends that the Mayor and
City Commission adopt the Resolution.
T:\AGENDA\2002\FEB2002\C()IISENT\REG Debarment memo - Fact Flnder.doc
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