HomeMy WebLinkAboutR-85-0634�i
RESOLUTI.ON NO.. -m► 4
A RESOLUTION WAIVING, BY A 4/5 THS
AFFIRMATIVE VOTE OF THE MEMBERS OF
THE CITY COMMISSION AFTER A DULY
ADVERTISED PUBLIC HEARING, THE
PROHIBITION CONTAINED IN CITY CODE
SECTION 2-302; AUTHORIZING THE CITY
MANAGER TO ENTER INTO AN AGREEMENT,
SUBSTANTIALLY IN ACCORDANCE WITH THE
TERMS CONTAINED IN THE ATTACHED
PRIOR AGREEMENT DATED APRIL 5, 1984,
FOR PROFESSIONAL CONSULTANT SERVICES
WITH AIDA LEVITAN AND ASSOCIATES FOR
THE PURPOSE OF CONDUCTING TOURS OF
NATIONAL AND INTERNATIONAL JOURNALISTS
TO THE MIAMI AREA, SAID SERVICES TO
COMMENCE UPON EXECUTION OF SAID
AGREEMENT, WITH FUNDS THEREFOR IN
AN AMOUNT NOT TO EXCEED $40,000
ALLOCATED FROM SPECIAL PROGRAMS AND
ACCOUNTS, CONTINGENT FUND.
WHEREAS, the City of Miami previously coordinated several
tours of national and international journalists to Miami which
have greatly improved the area's image throughout the nation and
the world; and
WHEREAS, journalists from the most prestigious national and
international print and electronic media will be invited to
participate in other such tours this year, coinciding with major
events taking place in the area; and
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WHEREAS, these tours of journalists will generate at least
100 positive articles about the City of Miami; and
WHEREAS, Dr. Aida Levitan, President of Aida Levitan and
Associates, has recently left her position as Director of the
City's Office of Information and Visitors; and
CITY COMMISSION
MEETING OF
J U N Qp13 J985
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RESOLU1104
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WHEREAS, City Code Section 2-302 contains a two-year
prohibition against former City employees transacting business
with the City, which prohibition may be waived by the City
Commission upon certain findings;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The authorization set forth in Section 3 hereof
is based upon the following findings being made by a 4/5ths
affirmative vote of the members of the City Commission after a
duly advertised public hearing:
(a) The services of Dr. Aida Levitan, President
of Aida Levitan and Associates, are unique
in character as they relate to special tours
of journalists to ensure that the journalists
will receive a fair and realistic view of the
City of Miami as an international business,
cultural, sports and health center.
(b) The City of Miami cannot avail itself of such
specialized expertise services without entering
into the herein proposed agreement, the execution
of which would be in violation of City Code
Section 2-302 were there not a waiver of the
prohibition contained in said Section 2-302.
(c) The herein proposed agreement will be to the
best interest of the City of Miami.
Section 2. Based upon the findings set forth in Section 1
hereof, the prohibition against the herein proposed agreement
contained in Section 2-302 of the City Code is hereby waived by a
4/5ths affirmative vote of the members of the City Commission.
Section 3. The City Manager is hereby authorized to enter
into an agreement, substantially in accordance with the terms
contained in the attached prior agreement dated April 5, 1984, for
professional consultant services with Aida Levitan and Associates
for the purpose of conducting tours of national and international
,journalists to the Miami area, said services to commence upon the
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execution of said agreement with funds therefor in an amount not
to exceed $40,000 hereby allocated rrom Special Programs and
Accounts, Contingent Fund,
PASSED AND ADOPTED this _13th day of June _, 1985.
Maurice A. Verre
MAURICE A. FERRE
MAYOR
ATTEST:
L/ v
ALPH G. ONGIE, CITY CLERK
PREPARED AND APPROVED BY:
A,&,/r
ROBERT F. CLARK, DEPUTY CITY ATTORNEY
APPROVE AS TO FORM AND CORRECTNESS:
, CITY ATTORNEY
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GIfY bF MIAM1, FLORIOA
IN'i`LR-OFFICE MEMORANDUM69
t'° U The Honorable Mayor and DATE: vlV + 1.717J /161<a
rY.
Members of the City Commission
SUBJECT: Agreement with Aida Levitan
and Associates
PROW Sergio Perei p!�!•EftENCEs:
City Manager
ENCLOSURES:
IT IS HEREBY RECOMMENDED THAT THE CITY COMMISSION
APPROVE THE ATTACHED RESOLUTION WAIVING, BY A 4/5THS
AFFIRMATIVE VOTE AFTER A DULY ADVERTISED PUBLIC
HEARING, THE PROHIBITION CONTAINED IN CITY CODE
_
SECTION 2-302; AUTHORIZING THE CITY MANAGER TO
ENTER INTO AN AGREEMENT, SUBSTANTIALLY IN ACCORD-
ANCE WITH THE TERMS CONTAINED IN THE ATTACHED
PRIOR AGREEMENT DATED APRIL 5, 1984, FOR PROFES-
SIONAL CONSULTANT SERVICES WITH AIDA LEVITAN AND
ASSOCIATES FOR THE PURPOSE OF CONDUCTING TOURS
OF NATIONAL AND INTERNATIONAL JOURNALISTS TG THE
MIAMI AREA, SAID SERVICES TO COMMENCE UPON
>
EXECUTION OF SAID AGREEMENT, WITH FUNDS THERE-
FORE IN AN AMOUNT NOT TO EXCEED $40,000 ALLOCATED
FROM SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT
FUND.
Under this agreement, Dr. Aida Levitan, President of Aida Levitan and
Associates will coordinate tours of national and international journalists
to the Miami area, which have in the past proven very beneficial to the
City of Miami.
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These tours will be coordinated to coincide with special events taking
place in the City of Miami and will generate positive publicity in the
print and electronic media both nationally and internationally.
The attached resolution, if approved, will waive the 2-year prohibition
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against former City employees transacting business with the City contained
in City Code Section 2-302.
Also enclosed is a copy of the advertisement for Public Hearing placed
on the Thursday, May 30th edition of the Miami Review.
This resolution is proposed for City Commission approval at the June 13,
1985 Commission Meeting.
SP/VG/vp
Enclosures (3)
Miami Review
Mai► 300 '1983
u
CITY OF MIAMI, pLORIDA
NOTt'CR OF MLIC HBARINC
A public hearing will be held by
the Commission of the City of Miami,
Florida for the purpose of considering
a waiver of the two year prohibition
against the City's entering into a
professional services agreement with
Aida Levitan and Associates, primarily
in connection with conducting tours of
national and international journalists
to the Miami area; said services being
highly personalized, unique and calling
for specialized expertise in the field
of public relations; said agreement to
call for the allocation of an amount not
to exceed $40,000.
Other potential sources of supply who
feel that they might be able to satisfy
the City's requirements in this acquisi-
tion may contact Sergio Pereira, City
Manager, at the following number (305)
579-6040.
All interested persons are invited to
appear and be heard concerning the above
waiver of the 2 year prohibition against
the City's entering into an agreement
with Aida Levitan and Associates for
professional services. The hearing will
commence at 3:30 P.M. on June 13, 1985
in the City Commission Chambers at City
Hall, 3500 Pan American Drive, Miami,
Florida.
Should any person desire to appeal the
decision of the City Commission with
respect to such proposed waiver, that
person shall ensure that a verbatim
record of the proceedings is made
including all testimony and evidence
upon which any appeal may be based.
CITY OF MIAMI
PROFESSIONAL SERVICE AGREEMENT
AIDA LEVITAN AND ASSOCIATES, INC.
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CONCEPT
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tI.
SCOPE OF SERVICES
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TERM
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V.
MAXIMUM COMPENSATION/METHOD OF PAYYZNT
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V.
OBLIGATIONS OF CONSULTANT
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VI.
GENERAL CONDITIONS
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VII.
AUDIT RIGHTS
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VIII .
INDEN!NIFICATION
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IX.
INDEPENDENT CONTRACTOR
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X.
OWNERSHIP OF DOCUMENTS
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XI.
AWARD OF AGREEMENT
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XII.
AMENDMENTS
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XIII.
NON—DISCRIMINATION
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XIV.
COMPLIANCE WITH FEDERAL, STATE AND
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LOCAL LAWS
XV.
DEFAULT PROVISION
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XVI.
NON—DELEGABILITY
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XVII.
CONSTRUCTION OF AGREEMENT
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XVIII.
CONFLICT OF INTEREST
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XIX.
TERMINATION
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XX.
SIGNATORIES
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This Professional Services Agreement is entered into thi*
Clay of April �, 1984, by and between the City of Miamit
a municipal corporation of the State of Florida, (hereinafter
referred to as the CITY) and Aida Levitan for Aida Levitan and
Associates, Inc. (hereinafter referred to as CONSULTANT).
CONSULTANT AGREES
To plan, coordinate and conduct three comprehensive 5 - 7 day
tours for at least a total of sixty (60) national and inter-
national journalists to the Miami area. These tours will start
with the II Interamerican Congress of Municipalities, followed
by a tour of journalists from Europe, the U.S.A. and/or the
Middle and Far East in June, ending with a tour of Black
journalists from the United States and the Caribbean who will
cover the Sunstreet Festival and the Caribbean Conference.
The CONSULTANT will submit to the Office of Public Information
Manager a plan with time frames for each of the tours, a
detailed budget, a final report at the conclusion of each tour
and an overall report accompanied with the materials generated
by the visiting journalists once all three tours have been
conducted.
I. CONCEPT
To generate at least eighty (80) positive articles, radio and
TV programs in major publications, TV and radio networks
throughout the nation and the world, about Miami as an inter-
national business, cultural, sports and health center.
II. SCOPE OF SERVICES
CONSULTANT'S services under this aqreement will include:
1) Exercise its best efforts to obtain in -kind contributions
for round-trip air transportation, local transportation,
hotel accommodations, meals, activities, local tours and
seminars for three tours of national and international
journalists.
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{ 2)
tdant ty journalists and representatives frem major
periodical publications and information media (print
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and electronic) from throughout the U.S. and abroad,
A listing of such journalists and representatives shall
be submitted to the CITY'S Office of Public Informati0fi
for approval, prior to extending invitations to the
participants.
3)
Obtain confirmations, from at least sixty (60) JoUrft&1iGt8
for the three tours.
4)
Cover the cost of mailing, telegrams and telephone calls
in order to accomplish items 1, 2 and 3 of this section.
5)
All correspondence issued by the CONSULTANT regarding the
tours should be prepared for the signature of a City of
Miami official and should be approved by the Office of
Public Information Manager prior to mailing.
6)
Make all necessary airline and hotel reservations, as well
as local transportation arrangements.
7)
Plan activities and seminars and invite members of the local
community and city officials to participate.
9)
Confirm activities and prepare itineraries for all three tours.
Itineraries must be approved by the Office of Public Informa—
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tion Manager.
9)
Participate and assist the Office of Public Information
Manager in conducting the tours.
! 10)
Provide funds to cover the per diem expenses incurred by
the journalists and not included in the itineraries. These
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expenses should be supported by receipts.
11)
It is understood that CONSULTANT will obtain consultinc
services from Loft & Cellar. CONSULTANT will draft a
contract to this effect and present it to the CITY'S
Office of Public Information Manager for approval.
12)
Obtain the publication and broadcasting of at least eighty
(80) positive articles/radio or TV programs about Miami
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national and international publications, radio or TV
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stations, and provide the CITY with copies of said article
or programs.
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CITY will use reasonable efforts to cctipiy with CONSUTANT'S
requests for support services, timely approval of itineraries,
Correspondence and participating journalists, execution Of
documents and such other acts as may be necessary to asaiat
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CONSULTANT in properly fulfilling its conditions and obligate
tions hereto.
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221. TERM
This agreement shall commence upon execution by both parties
and shall terminate January 31, 1985.
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IV. MAXIMUM COMPENSATION/METHOD OF PAYMENT
The CITY agrees to pay the CONSULTANT:
1) $5,312.50 representing 1/6 of the total amount payable
($31,875) upon execution of the contract.
2) $6,640.63 upon the completion of the II Interamerican
Congress of Municipalities tour of journalists (April
11-14, 1984) .
3) $6,640.63 upon the completion of the tour of European,
U.S. and/or Middle and Far Eastern journalists (June
4-11, 1984).
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4) $6,640.63 upon the completion of the Sunstreet Festival/
Caribbean Conference tour of -journalists (December 1984).
5) $6,640.61 upon receipt of an overall report of all three
tours and at least 40 articles, TV or radio programs
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about the City of Miami (January 31, 1985).
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Both parties hereby agree that the maximum amount payable under
this contract shall not exceed $31,875. Such sum shall include
compensation for consultant services provided to the CONSULTANT
by Loft & Cellar.
V. OBLIGATIONS OF CONSULTANT
Any consulting services contracted by the CONSULTANT shall be
i� the responsibility of the CONSULTANT and the CITY hereby assumes
i no obligations for such services. The CONSULTANT agreed to carry
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out the services as prescribed in Section II of this Agreement in
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a lawful, satisfactory, and proper manner and will assure that
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all terms of the contract are met.
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All notices or other colmuf ications which shall or lay be Wen
pursuant to this Agreement shall be in Writing and Shall be
do -livered in person, or by registered trail or by telegraph
addressed to the other party at the address indicated herein or
as the same may be changed from time to time. Such notice shall
be deemed given on the day on which personally serviced; or, if
by mail, on the fifth day after being posted or the date of
actual receipt, whichever is earlier. CONSULTANT'S mail should
be sent to: Aida Levitan and Associates, Inc., 201 Buttonwood
Drive, Key Biscayne, Florida 33149, and CITY'S mail should be
sent to: City of Miami Office of Public Information, 174 E.
Flagler Street, loth Floor, Miami, Florida 33131.
Titles and paragraph headings are for convenient reference and
are not a part of this Agreement.
In the event of conflict between the terms of this Agreement
and any terms or conditions contained in documents, the terms
in this Agreement shall rule.
No waiver or breach of any provision of this Agreement shall
constitute a waiver of any subsequent breach of the same or
any other provision hereof, and no waiver shall be effective
unless made in writing.
VII.
AUDIT RIGHTS
The CITY reserves the right to audit the records of the
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CONSULTANT at any time during the performance of this Agreement
and for a period of one year after final payment is made under
this Agreement. Said audit shall be limited to those records
of CONSULTANT which pertain to this Agreement.
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i VIIS.
INDEMNIFICATION
CONSULTANT shall indemnify and save the CITY harmless from and
against any and all claims, liabilities, losses, and cause of
action, which may arise out of CONSULTANT'S activities under
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this contract, including all other acts or omissions to act on
the part of the CONSULTANT or any of them, including any person
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acting for or on his or their behalf, and, from and against any
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orders t Judgments or decrees which may be entered and frm efi
against all costsi $tt fnay's fees expenses and liabilities
"- incurred in the defense of arty such claims i er in the invest gas
tLan thereof.
INDEPENDENT CONTRACTOR
That the CONSULTANT and its employees and agents shall be deemed
to be an independent contractor, and not an agent or employee of
the CITY, and shall not attain any rights or benefits under the
Civil Service or Pension Ordinance of the CITY, or any rights
generally afforded classified or unclassified employees; further
he/she shall not be deemed entitled to Florida Worker's
Compensation benefits as an employee of the CITY.
X. OWNERSHIP OF DOCUMENTS
All writings, lists, charts, correspondence, schedules, articles,
and any other materials developed by the CONSULTANT under this
Agreement, shall be delivered to the CITY (Office of Public
Information Manager) by said CONSULTANT upon completion of each
stage of the work and it shall become the property of the CITY,
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without restriction or limitation on their use. The CONSULTANT
*" 1 agrees that all documents, records, and reports maintained and
generated pursuant to this contractual relationship between the
CITY and CONSULTANT shall be subject to all provisions of Public
Records Laws, Chapter 119, Florida Statutes.
It is further understood by and between the parties that any
information, writings, maps, contract documents, reports,
correspondence or any other matter whatsoever which is given
by the CITY to the CONSULTANT pursuant to this Agreement, shall
at all times remain the property of the CITY and shall not be
used by the CONSULTANT for any other purposes whatsoever without
the written ccnsent of the CITY.
XI. AWARD OF AGREEMENT
The CONSULTANTS warrant that they have not employed or retained
any company or persons to solicit or secure this Agreement and
that they have not offered to pay, paid or agree to pay any
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pelebn or cotpany any feet corbi ss, on t percenta4e, brokerage
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`> fee# or gifts of any kind contingent upon or resulting from
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the award of making this Agreement.
The CONSULTANTS are aware of the conflict of interest lawn of
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the City of Miami (Miami City Code Chapter 2, Article V),
Dade County, Florida (Dade County Code, Section 2.11.1) and
the Florida Statutes, and agree that they will fully comply
in all respects with the terms of said laws.
fT. AMENDMENTS
The CITY may, at its discretion, amend the Agreement to conform
with changes in applicable City, County, State and Federal laws,
directives, guidelines and objectives. No amendments to this
Agreement shall be binding on either party unless in writing and
signed -by both parties. Such amendments shall be incorporated
as a part of this Agreement upon review, approval and execution
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XIII. NON-DISCRIMINATION
The CONSULTANT agrees that there shall be no discrimination as
to race, sex, color, crred or national origin in connection
with any operations under this Agreement.
XIV. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS
Both parties shall comply with all applicable laws, ordinances
and codes of Federal, State and Local Governments.
XV. DEFAULT PROVISIONS
In the event that the CONSULTANT shall fail to comply with
each and every term and condition of this Agreement; or fails
to perform any of the terms and conditions contained herein,
then the CITY, at its sole option, may upon written notice to
the CONSULTANT and without further notice or demand to the
CONSULTANT, may cancel and terminate this Agreement, and all
payments, advances, or other compensation paid to the
CONSULTANT by the CITY while the CONSULTANT was in default
of the provisions herein contained, shall be forthwith
returned to the CITY.
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Anything in this Agreement to the contrary ft twithstanding f
providing such cause is not clue to the willful act or Neglect
of the CONSULTANT, the CONSULTANT, shall not be deemed in
default with respect to the performance of any of the terms,
Covenants and conditions of this Agreement if same shall be
due to any strike, civil commotion, hostilities, military,
or usurped power, governmental regulations or through acts
of God.
XV . NON-DELEGABILITY
It is understood and agreed that the obligations undertaken
by the CONSULTANT pursuant to this Agreement shall not be
delegated to any other person or firm unless the CITY shall
first consent in writing to the performance of such services
or any part thereof by another person or firm.
XVII. CONSTRUCTION OF AGREEMENT
The parties hereto agree that this Agreement shall be construed
and enforced according to the laws, statutes and case laws of
the State of Florida.
XVIII. CONFLICT OF INTEREST
The CONSULTANT covenants that no person under its employ who
presently exercises any function or responsibilities in
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connection with this Agreement has any personal financial in-
terests, direct or indirect, in this Agreement. The CONSULTANT
further covenants that, in the performance of this Agreement, no
person having such conflicting interest shall be employed. Any
such interests on the part of the CONSULTANT or its employees,
must be disclosed in writing to the CITY. The CONSULTANT, in
the performance of this Agreement, shall be subject to the more
restrictive law and/or guidelines regarding conflict of interest
promulgated by Federal, State, or Local government.
XIX, TERMINATION
The CITY retains the right to terminate this Agreement at any
E time prior to the completion of the work without penalty to
the CITY. In that event, a ten (10) day notice of termination
of this Agreement shall be in writing to the CONSULTANT who
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shall be paid for all.wark performed prior to the date of his
reeeLpt of the notice of termination. In no case, however, will
the CITY pay the CONSULTANT an amount in eXCOSS of the total §UM
ptbvided by this Agreement.
It is hereby understood by and between the CITY and the CONSULTANT
that any payment made in accordance with this Section to the
CONSULTANT shall be made only if said CONSULTANT is not in de-
fault under the terms of this Agreement. If the CONSULTANT is
in default under the terms of this Agreement, then the CITY shall
1 in no way be obligated and shall not pay to the CONSULTANT any
sum whatsoever.
In the event this contract is terminated after the CONSULTANT has
received all compensation monies, yet prior to the completion of
the Agreement, the CITY reserves the right to recapture all un-
spent and unencumbered monies as of the date of termination.
XX. SIGNATORIES
IN WITNESS WHEREOF, the parties hereto have caused these present
to be executed by the respective officials thereunto duly
authorized, this the day and year first above written.
AIL ST:
RAL G. ONGIE, CITY CLERK
ATTEST:
IL
C0RPOR4TE! ECRE_TA R
CITY OF MIAMI, a municipal corporation
of the State of Florida
By
HOWARD V. GA CITY MANAGER
AIDA LEVITAN & ASSOCIATES, INC.,
a Florida corporation
ByY
AIM'LEVICAN, President
(Seal)
VED AS TO FORM AND CORRECTNESS:
6"4A_.6 . �, U
GARCIA�-PEDROSA - •
ATTORNEY
8W
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