HomeMy WebLinkAboutR-78-0664•
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RESOLUTION No . Fr 8" 6 6 4
A RESOLUTION AUTHORIZING THE CITY MANAGER
TO EXECUTE THE ATTACHED CONTRACT FOR PRO-
FESSIONAL CONSULTANT SERVICES WITH DR.
ERNEST R. BARTLEY IN CONNECTION WITH THE
REVISION OF THE CITY'S COMPREHENSIVE
ZONING ORDINANCE WITH FUNDING FOR SAID
CONTRACT TO BE ALLOCATED FROM THIRD YEAR
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
IN AN AMOUNT NOT TO EXCEED $30,000.
WHEREAS, the City of Miami has previously engaged the
ervices of Dr. Ernest R. Bartley, for planning consultant
services leading to the adoption of Ordinance No. 8234, dated
February 28, 1976, (City Code Chapter 62), which established
the Planning Advisory Board and Zoning Board as separate
entities; and
WHEREAS, the City of Miami has adopted the Miami Compre-
hensive Neighborhood Plan with modifications by Resolution 77-430
dated May 12, 1977; and
WHEREAS, Dr. Ernest R. Bartley and Bair, Abernathy and
Associates, the land use control sub -consultants for the Miami
Comprehensive Neighborhood Plan, completed their work in Phases
III, IV, and V, being recommendations for comprehensive revisions
to the Comprehensive Zoning Ordinance No. 6871; consistent with
the land -use recommendations of the Miami Comprehensive Neighbor -
"DOCUMENT INDEX
hood Plan; and „
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WHEREAS, the third year applicationT F forM (ommun y evelop-
ment Block Grant funds submitted by the City of Miami to the U.
S. Department of Housing and Urban Development dated February
14, 1977 (Resolution No. 77-198), dated February 24, 1977),
identified Planning and Management Development as an eligible
activity of which Phase VI of the Miami Comprehensive Neighbor-
hood Plan is a part; and
CITY COMMISSION
MEETING OF
OCT 3 11978
REaowno++ N0 7 S ' 6 4
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this project and desire
MAURICE A. FERRE
MAURICE A. FERRE, MAYOR
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IE12EAS, the City of Miami desires to extend the siib
hsultants' professional consulting services for land use
dontrols for Dr. Ernest R. Bartley and Bair, Abernathy and
Associates to enable them to prepare special situation zoning
districts and to guide the public meeting and hearing process
based on the proposed text, schedule of district regulations,
and official zoning atlas that will replace Comprehensive
Zoning Ordinance No. 6871, and to prepare revisions to the
proposed zoning ordinance based on this meeting and hearing
process; such work being Phase VI of the Miami Comprehensive
Neighborhood Plan; and
WHEREAS, Dr. Ernest R. Bartley and Bair, Abernathy and
Associates are qualified to undertake
to perform these professional services under the direction of
and for the account of the City;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE
CITY OF MIAMI, FLORIDA:
Section 1. The City Manager is hereby authorized to
execute the attached contract for professional consul-MW
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tant services with Dr. Ernest R. Bartley in connec-
tion with the revision of the City's Comprehensive
Zoning Ordinance, with funding for said contract to be
allocated from Third Year Community Development Block'
Grant Funds in an amount not to exceed $30,000.
PASSED AND ADOPTED THIS 24th day of OCTOBER
e
(52,
LPH G. ONGIE, CITY CLER
PREPARED AND APPROVED BY:
APPROVED AS TO FORM AND CORRECTNESS
►Ili
CITY OF '•1IAt+1I. FLORIDA
INTER-OFFICZ MEMORANDUM eT8 COT 11 04 ' v
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TO:
FROM:
do5eph R. Grassie ,r
DATE. October 13, 1978
City Manager
Jim Reid, Director
Planning Department
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FILE:
sutiJ c r: Phase VI of the Miami Cotnprehensitte
Plan
REF%RENCES:
ENCLOSURES:
Attached is a proposed contract and Resolution for professional services by Dr.
Ernest Bartley and Mr. Fred Bair on the final Phase of the Miami Comprehensive
Neighborhood Plan. Based on the proposed new zoning ordinance previously pre-
pared under Phases IV and V, their services will guide the public meeting and
hearing adoption process as well aspreparing revisions to the proposed Zoning
Ordinance as required by the process.
Planning and Management Development is an eligible activity under Community
Development Block Funds, consequently, funds for this $30,000 contract will be
provided by the Miami Block Grant. To be scheduled October 24, 1978.
JR:so
Attachment
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MIEMENT.
This agreement made this day of
I978# by and between the City of Miami, Florida, a munidipal
dorporation of the State of Florida, hereinafter called the
"CITY", and Ernest R. Bartley, hereinafter called the
"CONSULTANT".
WITNtSStTH
THAT WHEREAS, the City of Miami has previously engaged
the services of Dr. Ernest R. Bartley for planning consulting
services leading to the adoption of Ordinance #8234 dated
February 28, 1974 (City Code Chapter 62) which established.
the Planning Advisory Board and Zoning Board as separate
entities; and
WHEREAS, the City of Miami has adopted the Miami Compre-
hensive Neighborhood Plan with modifications by Resolution
77-430 dated May 12, 1977; and
WHEREAS, Dr. Ernest R. Bartley and Bair, Abernathy and
Associates, the land use control sub -consultants for the Miami
Comprehensive Neighborhood Plan, completed their work in Phases
III, IV and V being recommendations for comprehensive revisions
to the Comprehensive Zoning Ordinance #6871; consistent with
the land -use recommendations of the Miami Comprehensive Neigh-
borhood Plan; and
WHEREAS, the third year application for Community Devel-
opment Block Grant funds submitted by the City of Miami to the
U.S. Department of Housing and Urban Development dated February
14, 1977, (Resolution 77-198 dated February 24, 1977), identi-
fied Planning and Management Development as an eligible activity
of which Phase VI of the Miami Comprehensive Neighborhood Plan
is a part; and
78-664
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•AdittEMtNT
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This agreement made this day of
al by
and between the City of Miami, Florida, a municipal
orporation of the State of Florida, hereinafter called the
'CITY", and Ernest R. Bartley, hereinafter called the
"CONSULTANT".
WITNESSETH
THAT WHEREAS, the City of Miami has previously engaged
services of Dr. Ernest R. Bartley for planning consulting
services leading to the adoption of Ordinance #8234 dated
28, 1974 (City Code Chapter 62) which established.
February
the Planning Advisory Board and Zoning Board as separate
entities; and
WHEREAS, the City of Miami has adopted the Miami Compre-
'hensive Neighborhood Plan with modifications by Resolution
77-430 dated May 12, 1977; and
WHEREAS, Dr. Ernest R. Bartley and Bair, Abernathy and
Associates, the land use control sub -consultants for the Miami
Comprehensive Neighborhood Plan, completed their work in Phases
III, IV and V being recommendations for comprehensive revisions
to the Comprehensive Zoning Ordinance #6871; consistent with
the land -use recommendations of the Miami Comprehensive Neigh-
borhood Plan; and
WHEREAS, the third year application for Community Devel-
opment Block Grant funds submitted by the City of Miami to the
U.S. Department of Housing and Urban Development dated February
14, 1977, (Resolution 77-198 dated February 24, 1977), identi-
fied Planning and Management Development as an eligible activity
of which Phase VI of the Miami Comprehensive Neighborhood Plan
is a part; and
78-664
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VIttt8A8, the City of Miami desires to extend the
onsultants` professional consulting services for land
A1se controls to prepare special situation zoning districts
and to guide the public meeting and hearing process based
on the proposed text, schedule of district regulations
and official zoning atlas that will replace the comprehen-
sive Zoning Ordinance No. 6871, and to prepare revisions
to the proposed zoning ordinance based on this meeting and
hearing process; such work being (Phase VI)of the Miami
Comprehensive Neighborhood Plan; and
WHEREAS, Dr. Ernest R. Bartley and Bair, Abernathy`,
and Associates are qualified to undertake this project and
desire to perform these professional services under the
direction of and for the account of the CITY:
WHEREAS, the Miami City Commission by Resolution
dated authorized and directed the City Manager
and the City Clerk to negotiate and execute an agreement
with Dr. Ernest R. Bartley for continued professional services
to be rendered by him and by Bair, Abernathy and Associates
related to the comprehensive revision of the Comprehensive
Zoning Ordinance No. 6871;
NOW, THEREFORE, the CITY and the CONSULTANT for the
considerations hereinafter set forth, do agree and covenant
one unto the other as follows:
SECTION I. - GENERAL
A. The CONSULTANT shall perform the professional
services as hereinafter set forth; and
B. The CITY shall pay the CONSULTANT a fee of
$30,000 (thirty thousand dollars) for the perform-
ance of the work outlined herein.
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TtdN. ff' ,_DEFINITIONS
A. CITY = The City of Miami, Eiotida)
83. CITY MANAGER - The City Manager of the City of Miami.
C. CONSULTANT - Dr. Ernest R. Bartley;
SUET -CONSULTANTS - Bair, Abernathy and Associatest
and Frederick H. Bair.
CONSULTANTS - the CONSULTANT and the SUBCONSULTANTS
or any of them.
. COUNTY - is hereby defined as Dade County, Florida
PROJECT COORDINATOR - is hereby defined as the
Planning Director.
is hereby defined as the professional and
technical service to be rendered as provided
by the CONSULTANTS
XED FEE - is hereby defined as the amount of money
the CITY agrees to pay the CONSULTANT for those
professional and technical services required
to complete the WORK as further defined in
SECTION III. - SCOPE OF PROFESSIONAL SERVICES
hereto.
PROPOSED COMPREHENSIVE ZONING ORDINANCE - is hereby
defined as the proposed zoning text, schedule
of district regulations, and official zoning atlas.
SECTION III. - SCOPE OF PROFESSIONAL SERVICES
The work to be performed by the CONSULTANTS shall have the
objective of preparing special situation zoning districts and
guiding the public meeting and hearing process based on the
proposed text, schedule of.idistrict regulations, and official
zoning atlas that will replace the Comprehensive Zoning Ord-
inance No. 6871, and to prepare revisions to the proposed
zoning ordinance based on this meeting and hearing process
for the City of Miami. The parties to this agreement mutually
ogriized that such otdinande is one of several necettat]'
i'nsttuments for the implementation of the comprehensive
planning program of the City of Miami and that such zoning
ordinance must be coordinated with, and be a tool in the
accomplishment of, the aims and objectives of the Miami
Comprehensive Neighborhood Plan.
To that end and within the limitations of this fixed fee
and SECTION V of this contract, CONSULTANT will perform work
within the following context and subject to the considerations
set forth as follows:
A. Preparation of Consultants' Draft of Special
Situation Districts
CONSULTANT will complete a draft of any special
situation zoning districts required to complete
the proposed zoning ordinance.
include appropriate annotation
on those portions of the text or schedule of
district regulations requiring explanation,
education on
the present
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order
those
The draft will
and commentary
to better facilitate citizen
features not incorporated in
in
zoning ordinance, or those features of the present
zoning ordinance utilized in new or different con-
text in the draft.
B. Meetings, Workshops and Hearings
For purposes of direction, advice and consultation,
the consultants will prepare a document that will
provide a program and process to guide the work-
shops, meetings and public hearings with official
citizens' groups and City Boards, and to partici-
pate in this process as necessary to provide ade-
quate guidance.
C. Consultation on the Proposed Official Zoning Atlas
The CONSULTANT shll provide advice, oversight and
consultation in the preparation or review of the
proposed official zoning atlas.
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t O_ With Planning Department
In the course of completing orlreVising the
draft text, schedule of district regulations
of the zoning ordinance and the official zoning
atlas called for by this Agreement, the CONSUL-
TANT will work closely with the City Department
of Planning.
In recognition that liaison must be maintained
between the City Department of Planning and the
CONSULTANT during the course of fulfilling this
Agreement, CONSULTANT will spend sufficient man
days in consultation onthe project covered by
this
Agreement with the
person or persons to be
Director of Planning or
designated by him to
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complete the work. Times and places for such
consultation shall be mutually determined by the
Director of the Department of Planning and the
CONSULTANT. At the option of the CONSULTANT, the
Director shall make available to the CONSULTANT
additional time for consultation with members of
the Department of Planning. If deemed necessary
by the CITY and by the CONSULTANT, CONSULTANT
agrees to spend sufficient time in liaison with
the City Commission, Planning Advisory Board,
Zoning Board, or other official committees during
the preparation or revision of the draft text,
the schedule of district regulations, and the
official zoning atlas called for under this
Agreement. This provision is included for the
purpose of permitting the CONSULTANT to have direct
liaison with these CITY bodies.
() roan days of this Agreemment shall be
''`held in reserve for the accomplishment of work
hot specifically covered by this Agreement, or
to meet situations not foreseen at the time this
Agreement is executed. If these six (6) man days
have not been utilized within nine (9) months of
the date of this Agreement, the six (6) reserve
man days shall be reprogrammed for work under this
Agreement.
. Revisions to the Text of the Zoning Ordinance
and of the Schedule of District Regulations
The CONSULTANTS shall assist in the preparation
of reports to the Planning Advisory Board or City
Commission and provide revised language for the
text and schedule of district regulations where
revisions are deemed necessary by the Planning
Department as a result of meetings, workshops,
and Public Hearings by City Boards, officers,
agents, or other official committees.
F. Form of Draft Text and Responsibility for Reproduction
The CONSULTANT will provide an edited readable manu-
script copy of the text and its revisions suitable for
typing by CITY personnel on mag typewriter, and one
copy each of diagrams (camera-ready) to be incorporated
in the text will be provided by CONSULTANT. The CON-
SULTANT will proof final typing before the CITY under-
takes reproduction.
G. Form of Draft Schedule of District Regulations and
Responsibility for Reproduction
The CONSULTANT will provide a master copy of the draft
or revised schedule of district regulations, on milar
and photographically reduced, ready for reproduction.
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0r. ct npleted .._ Jh_der__ t tease V Contract
It i6 understood that no charge shall be made Under
this contract for proofing of mag typing or editing
Of those materials prepared by the CONSULTANT under
the Phase V contract.
6,Ti0 ICJ. - CITY'S SERVICES AND RESPONSIBILITIES
he CITY shall furnish the CONSULTANT services as follows:
A. The Planning Director or person or persons to be
designated by him will be available for consulta-
tion periods as required.
Be At the option of the CONSULTANT, additional consul-
tation time will be available with members of the
Planning Department.
C. The Planning Department shall be responsible for all
mapping work in connection with the official zoning
atlas, and shall closely coordinate this task with the
advise and consultation of the CONSULTANT.
D. The Planning Department will make
CONSULTANT all information in its
available to the
possession relating
to the WORK; the CITY shall bear all reproduction
costs for reproducing this information.
E. The CITY assumes all responsibility for and the costs
of reproduction of WORK documents in such quantities
as it deems desirable, from edited readable
and camera-ready .diagrams to be supplied by
SULTANT.
F. The CONSULTANT shall be furnished eight (8)
manuscript
the CON -
reproduced
copies of all WORK documents at no charge to the CON-
SULTANT.
•G. The Planning Director shall be responsible for arrang-
ing meetings with the City Commission, Planning Ad-
visory Board, Zoning Board, or official committees as
appropriate after clearance with the CONSULTANT,
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e tON V.
COMPENSATION FOR SERVICES
Pot professional and technical services as authOtiged it SECTION III
SCOPE OF PROFESSIONAL SERVICES, the CITY agrees to pay the CONSUL-
TANT a FIXED FEE of $30,000 (thirty -thousand dollars). Partial pay-
ments for the WORK shall be made as follows:
A. CONSULTANT will submit monthly billings in triplicate,
such billings to be made over the signature of Dr,
Ernest R. Bartley. Payment shall be made by the CITY
within forty-five (45) days of receipt of such billings.
Payments shall be made to Dr. Ernest R. Bartley, AIP.
. The amount of monthly billings due for the work per-
formed to date shall be an amount calculated in accord
with paragraphs C and D below.
. CONSULTANT'S monthly billings will set out hours worked
during the billing month at the rate of Three Hundred
Fifty Dollars ($350) per eight (8) hour day for Fred-
erick H. Bair, Jr., and Three Hundred Twenty -Five
Dollars ($325) per eight (8) hour day for Ernest R.
Bartley. A "man day" as used elsewhere in this Agree-
ment shall mean eight (8) hours.
. The CITY shall not be liable for any transportation
or living expenses of the CONSULTANT. The CITY will
be liable for any professional expenses incident to the
preparation or revision of the draft of the text and
the schedule of district regulations such as drafting
of necessary diagrams, physical preparation of the milar
schedule, photographic reduction of the schedule, and
the like incurred by CONSULTANT.
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ON VI. WO1 K SCHEDULE
A. CONSULTANT shall deliver the completed draft Copy of
the text and the schedule of district regulations of
a proposed new zoning ordinance, in the form set out in
SECTION III above, to the CITY no later than November,
1978. The completed draft of the text and the schedule
of district regulations shall reflect changes in lang-
uage that may be required to that date after consulta-
tions with the Department of Planning, and the Planning
Advisory Board.
B. WORKSHOP - From December, 1978, through February, 1979,
CONSULTANT shall guide and participate with the follow-
ing groups as necessary in series of workshops on the
proposed Comprehensive Zoning Ordinanc:
1. City and County staff
. Zoning Board, Urban Development Review Board and
Environmental Preservation Board
. Architects and Planners
. Consumers and Citizens
. Developers and Investors
6. City Commission
Report and Revisions to the Proposed Zoning Ordinance
Based on the Workshops
In March, 1979, CONSULTANT shall assist in preparing
a report on the results of the workshops identified in
B above and prepare the necessary revisions to the Compre-
hensive Zoning Ordinance for public meetings and hearings
to be held by the Planning Advisory Board.
Cr. Planning Advisory Board Public Meetings and Hearings
During April, May and June, 1979,CONSULTANT shall parti-
cipate in the public meetings to be held by the Planning
Advisory Board in six (6) neighborhood planning districts
and the Public Hearings at City Hall,
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c )Ot t.. and revisions to the .proposed Zoning Ordinance
Based on the Planning AdVisory,o.ard Public Meetings
and hearings
In July, 1979, CONSULTANT shall assist in preparing
a report on the results of the Planning Advisory
Board Public Hearings and prepare the necessary re-
Visions to the Comprehensive Zoning Ordinance for
the Public Hearings to be held by the City Commission.
. City Commission Public Hearings
During September and October 1979, Consultant
shall participate in the City Commission Public Hear-
ings on the proposed comprehensive zoning ordinance
and prepare whatever revisions are required for final
adoption of the proposed comprehensive zoning ordinance
by the City Commission.
is understood that tasks as outlined generally above are to be
coordinated with the Planning Department and, as they are completed,
are to be submitted to the Planning Department for review. The
CONSULTANT reserves the right to
future tasks, not required to be
present at any time material on
submitted at the given point of
time. The Director of Planning and the CONSULTANT may mutually
agree to changes in order of tasks set out generally above and to
the alteration of time requirements.
It is further agreed that the CONSULTANT will aid the Planning
Department within the limits of this contract in maintaining the
integrity and operative character of the existing zoning ordinance
during the period covered by this Agreement.
SECTION VII. - TERMINATION OF CONTRACT
The City retains the right to terminate this Agreement at any time
prior to the completion of the WORK without penalty to the CITY.
In that event, termination of this Agreement shall be in writing
to the CONSULTANT who shall be paid for all WORK performed prior
to the date of his receipt of the notice of termination. Basis
for payment shall be as set out in SECTION V COMPENSATION FOR
SERVICES above.
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ate r howeVet # Will the CITY pay the CONSULTANT ah aWtcuht
i eXcess of the total sum provided by this,Agreement. It is
Understood that the SUBCONSULTANTS' compensation (including
that of Frederick H. Bair, Jr.) shall be paid by the CONSULTANT
and that the CITY shall not be obligated to pay any compensa-
tion pursuant to this Agreement to any person or firm other
than Dr. Ernest R. Bartley.
It is hereby understood by and between the CITY and the CONSULTANT
that any payment made in accordance with this Section to the CON-
SULTANT shall be made only if said CONSULTANT is not in default
under the terms of this Agreement. If the CONSULTANT is in default
under the terms of this Agreement, then the CITY shall in no way be
obligated and shall not pay to the CONSULTANT any sum
whatsover.
In the event of termination, all documents, graphics, etc., as
set forth in SECTION VIII OWNERSHIP OF DOCUMENTS shall become the
property of the CITY, subject to the provisions of SECTION VIII.
SECTION VIII. - OWNERSHIP OF DOCUMENTS
All writings, diagrams, tracing, charts, and schedules developed
by CONSULTANT under this Agreement, shall be delivered to the CITY
by said CONSULTANT upon completion of the WORK and shall become
the property of the CITY, without restriction or limitation on
their use. The CONSULTANT retains the right to utilize language,
diagrams, and approaches -- together with explanatory materials --
in subsequent ordinances they.may develop for other local govern-
ments in Florida or elsewhere or for articles, books, monographs
they may publish.
It is further understood by and between the parties that any in-
formation, maps, contract documents, reports 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
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he shall not be used by the CONSULTANT for any Other
urposes whatsoever without the written consent of the CITY,
y'S CTION Ix. - 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 agreed to pay any
person or company any fee, commission, percentage, brokerage
fee, or gifts of any kind contingent upon or resulting from
the award of making this Agreement.
The CONSULTANTS are award of the conflict of interest laws of
the City of Miami (Miami City Code Chapter 2, Article V) and
Dade County, Florida (Dade County Code, Section 2-11.1) and
agree that they will fully comply in all respects with the
terms of said laws.
SECTION X. - AMENDMENT
This Agreement represents the entire agreement between the CITY
and the CONSULTANT and supersedes all prior negotiations, repre-
sentations or agreements, either written or oral.
This Agreement may be amended only by written instrument accomplished
by both the CITY and the CONSULTANT.
SECTION XI. - NON-DELEGABILITY
It is understood and agreed that the obligations undertaken by
the CONSULTANT pursuant to this Agreement shall be performed by
the CONSULTANTS named and defined in SECTION II (C) hereof, and
that such obligations 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.
SECTION XII. - SUCCESSORS AND ASSIGNS
This Agreement shall be binding upon the parties hereton, their
heirs, executors, legal representatives, successors, and assigns.
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C,TION XIII. AUDIT RIGH1
The CITY reserves the right to audit the recotds of the CONSUL
TENTS at any time during the performance of`this Agreement and
for a period of one year after final payment is made under this
Agreement:
SECTION XIV: - LIABILITY
CONSULTANT shall indemnify and save the CITY harmless froth and
against any and all claims, liabilities, losses, and causes of
action which may arise out of CONSULTANTS activities under this
contract, including all acts or omissions to act on theopart of
EE CONSULTANTS or any of them, including any person acting for one
ME on his or their behalf.
SECTION XV. - RIGHT OF DECISIONS
All services shall be performed by the CONSULTANT to the satis-
faction of the Director of the Department of Planning, who shall
decide all questions, difficulties, and disputes of whatever
nature arising out of this Agreement, the prosecution and ful-
fillment of the services hereunder, and the character, quality,
amount, and value thereof; and the Director's decisions upon
all claims, questions of fact, and disputes shall be conclusive
and binding upon the parties hereto, unless such determination
is arbitrary and unreasonable. In the event the CONSULTANT
does not concur in the judgement of the Director of the Depart-
ment of Planning as to any decision made by him, they shall pre-
sent their written objections to the CITY MANAGER, with a copy
to the Director of the Department of Planning; and the CONSUL-
TANT shall abide by the decision of the CITY MANAGER, except
as provided in SECTION XVI below.
SECTION XVI. - ARBITRATION
All claims, disputes, and other matters in question arising out
of or related to this Agreement, including interpretation or the
breach thereof, shall be decided by arbitration in accordance
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the Arbitration (toles of the Aiherican Arbitratioh Astodia
n, This Agreement to so arbitrate shall,be specifically
enforceable under prevailing arbitration law.
SUCTION XVII. - NON-DISCRIMINATION PROVISION
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The CONSULTANTS warrants that no person in the United States
shall, on grounds of race, color, creed, national origin, sex,
marital status or physical handicap be subjected to discrimina-
tion under this Agreement and will immediately take any measures
to correct such discrimination and to ensure that such discrimina-
tion cannot occur in the future.
The CONSULTANTS warrants that he will comply in accordance with
the Housing and Community Development Act of 1974, Section 109,
with Title VI of the Civil Rights Acts of 1974, Title VIII of
the Civil Rights Act of 1968, Executive Orders 11246 and 11046
and Section 3 of the Housing and Urban Development Act of 1968,
Section 570.303(3) (1) .
The CONSULTANT warrants that he will comply with the provisions
of the Hatch Act as amended January 1, 1975, which limits the
political activites of employees.
SECTION XVIII. - CONSTRUCTION
The parties agree that this Agreement shall be construed and
enforced according to the laws (statutes and case law) of the
State of Florida and any applicable City ordinance(s).
IN WITNESS WHEREOF, the parties have executed this
'Agreement on the day and year.first above set forth:
Signed, sealed, and delivered The CONSULTANT, Ernest R. Bartley
in the presence of:
Ernest R. Bartley
The City of Miami (A municipal
corporation of the State of Florida)
(Seal)
Sy:
City Manager
Approved as to form and legality:
City Attorney
Ireetor, , pept. of �'lann�.n9 �,
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ME THAT WHEREAS, the City of Miami has previously engaged
MO
the services of Dr. Ernest R. Bartley for planning consulting
• services leading to the adoption of Ordinance #8234 dated
February 28, 1974 (City Code Chapter 62) which established
mom
the Planning Advisory Board and Zoning Board as separate
entities; and
WHEREAS, the City of Miami has adopted the Miami Compre-
hensive Neighborhood Plan with modifications by Resolution
77-430 dated May 12, 1977; and
WHEREAS, Dr. Ernest R. Bartley and Bair, Abernathy and
Associates, the land use control sub -consultants for the Miami
Comprehensive Neighborhood Plan, completed their work in Phases
III, IV and V being recommendations for comprehensive revisions
to the Comprehensive Zoning Ordinance #6871; consistent with
AdftttMtNt
This agreement made this day of
by and between the City of Miami, Florida, a municipal
darporation of the State of Florida, hereinafter called the
"CITY", and Ernest R. Bartley, hereinafter called the
"CONSULTANT"
WITNESSETH
the land -use recommendations of the Miami Comprehensive Neigh-
borhood Plan; and
WHEREAS, the third year application for Community Devel-
opment Block Grant funds submitted by the City of Miami to the
U.S. Department of Housing and Urban Development dated February
14, 1977, (Resolution 77-198 dated February 24, 1977), identi-
fied Planning and Management Development as an eligible activity
of which Phase VI of the Miami Comprehensive Neighborhood Plan
is a part; and
1
,GREEMtNT
This agreement made this day of
, l8, by and between the City of Miami,
Florida, a muhidipai
dOrporation of the State of Florida, hereinafter called the
"CITY", and Ernest R. Bartley, hereinafter called the
"CONSULTANT"►
WITNESSETH
THAT WHEREAS, the City of Miami has previously engaged
the services of Dr. Ernest R. Bartley for planning consulting
services leading to the adoption of Ordinance #8234 dated
February 28, 1974 (City Code Chapter 62) which established
the Planning Advisory Board and Zoning Board as separate
entities; and
WHEREAS, the City of Miami has adopted the Miami Compre-
hensive Neighborhood Plan with modifications by Resolution
77-430 dated May 12, 1977; and
WHEREAS, Dr. Ernest R. Bartley and Bair, Abernathy and
Associates, the land use control sub -consultants for the Miami
Comprehensive Neighborhood Plan, completed their work in Phases
III, IV and V being recommendations for comprehensive revisions
to the Comprehensive Zoning Ordinance #6871; consistent with
the land -use recommendations of the Miami Comprehensive Neigh-
borhood Plan; and
WHEREAS, the third year application for Community Devel-
opment Block Grant funds submitted by the City of Miami to the
U.S. Department of Housing and Urban Development dated February
14, 1977, (Resolution 77-198 dated February 24, 1977), identi-
fied Planning and Management Development as an eligible activity
of which Phase VI of the Miami Comprehensive Neighborhood Plan
is a part; and
WHEREAS, the City of Miami desires to extend the
siibconsultants' professional consulting services for land
Use Controls to prepare special situation zoning districts
and to guide the public meeting and hearing process based
oh the proposed text, schedule of district regulations,
and official zoning atlas that will replace the Comprehen-
iVe Zoning Ordinance No. 6871, and to prepare revisions
to the proposed zoning ordinance based on this meeting and
hearing process; such work being (Phase VI)of the Miami
mm
mm
Comprehensive Neighborhood Plan; and
WHEREAS, Dr. Ernest R. Bartley and Bair, Abernathy
and Associates are qualified to undertake this project and
desire to perform these professional services under the
direction of and for the account of the CITY:
WHEREAS, the Miami City Commission by Resolution
dated authorized and directed the City Manager
and the City Clerk to negotiate and execute an agreement
with Dr. Ernest R. Bartley for continued professional services
to be rendered by him and by Bair, Abernathy and Associates
related to the comprehensive revision of the Comprehensive
Zoning Ordinance No. 6871;
NOW, THEREFORE, the CITY and the CONSULTANT for the
considerations hereinafter set forth, do agree and covenant,
one unto the other as follows:
SECTION I. - GENERAL
A. The CONSULTANT shall perform the professional
services as hereinafter set forth; and
B. The CITY shall pay the CONSULTANT a fee of
$30,000 (thirty thousand dollars) for the perform--':
ance of the work outlined herein.
•
ttetION II, = DEFINITIONS
A. CITY - The City of Miami, Florida
B. CITY MANAGER - The City Manager of the City of
C. CONSULTANT - Dr, Ernest R. Bartley;
SUB -CONSULTANTS - Bair, Abernathy and Associates,
and Frederick H. Bair.
CONSULTANTS - the CONSULTANT and the SUBCONSULTANTS
or any of them.
COUNTY - is hereby defined as Dade County, Florida
. PROJECT COORDINATOR - is hereby defined as the
Planning Director.
Miami.
WORK - is hereby defined as the professional and
technical service to be rendered as provided
by the CONSULTANTS
. FIXED FEE - is hereby defined as the amount of money
the CITY agrees to pay the CONSULTANT for those
professional and technical services required
to complete the WORK as further defined in
SECTION III. - SCOPE OF PROFESSIONAL SERVICES
hereto.
PROPOSED COMPREHENSIVE ZONING ORDINANCE - is hereby
defined as the proposed zoning text, schedule
of district regulations, and official zoning atlas.
SECTION III. - SCOPE OF PROFESSIONAL SERVICES
The work to be performed by the CONSULTANTS shall have the
objective of preparing special situation zoning districts and
guiding the public meeting and hearing process based on the
proposed text, schedule of district regulations, and official
zoning atlas that will replace the Comprehensive Zoning Ord-
inance No. 6871, and to prepare revisions to the proposed
zoning ordinance based on this meeting and hearing process
for the City of Miami. The parties to this agreement mutually
:Ottiqftited that SUdh Ordinande is One of SeVeral h8de8tary
ihttruments for the implementation of the comprehensive
planning program of the City of Miami and that such zoning
Ordinance must be coordinated with, and be a tool in the
accomplishment of, the aims and objectives of the Miami
Comprehensive Neighborhood Plan.
To that end and within the limitations of this fixed fee
and SECTION V of this contract, CONSULTANT will perform work
within the following context and subject to the considerations
set forth as follows:
A. Preparation of Consultants' Draft of Special
Situation Districts
CONSULTANT will complete a draft of any special
situation zoning districts required to complete
the proposed zoning ordinance. The draft will
include appropriate annotation and commentary
on those portions of the text or schedule of
district regulations requiring explanation, in
order to better facilitate citizen education on
those features not incorporated in the present
zoning ordinance, or those features of the present
zoning ordinance utilized in new or different con-
text in the draft.
B. Meetings, Workshops and Hearings
For purposes of direction, advice and consultation,
the consultants will prepare a document that will
provide a program and process to guide the work-
shops, meetings and public hearings with official
citizens' groups and City Boards, and to partici-
pate in this process as necessary to provide ade-
quate guidance.
C. Consultation on the Proposed Official Zoning Atlas
The CONSULTANT shll provide advice, oversight and
consultation in the preparation or review of the
proposed official zoning atlas,
4
so.
Wotk with_ Plant ing_ peParttt►eht
lti the course of completing or revising the
draft text, schedule of district regulations
of the zoning ordinance and the official zoning
atlas called for by this Agreement, the CONSUL-
TANT will work closely with the City Department
of Planning.
to recognition that liaison must be maintained
between the City Department of Planning and the
CONSULTANT during the course of fulfilling this
Agreement, CONSULTANT will spend sufficient man
days in consultation on the project covered by
this Agreement with the Director of Planning or a
person or persons to be designated by him to
complete the work. Times and places for such
consultation shall be mutually determined by the
Director of the Department of Planning and the
CONSULTANT. At the option of the CONSULTANT, the
Director shall make available to the CONSULTANT
additional time for consultation with members of
the Department of Planning. If deemed necessary
by the CITY and by the CONSULTANT, CONSULTANT
agrees to spend sufficient time in liaison with
the City Commission, Planning Advisory Board,
Zoning Board, or other official committees during
the preparation or revision of the draft text,
the schedule of district regulations, and the
official zoning atlas called for under this
Agreement. This provision is included for the
purpose of permitting the CONSULTANT to have direct
liaison with these CITY bodies.
s
`glk (6) tan days of this Agreement shall be
held in reserve for the accomplishment of work
not specifically covered by this Agreement; or
to meet situations not foreseen at the time this
Agreement is executed. If these six (6) man days
have not been utilized within nine (9) months of
the date of this Agreement, the six (6) reserve
man days shall be reprogrammed for work under this
Agreement.
Revisions to the Text of the Zoning Ordinance
and of the Schedule of District Regulations
•
The CONSULTANTS shall assist in the preparation
of reports to the Planning Advisory Board or City
Commission and provide revised language for the
text and schedule of district regulations where
revisions are deemed necessary by the Planning
Department as a result of meetings, workshops,
and Public Hearings by City Boards, officers,
agents, or other official committees.
F. Form of Draft Text and Responsibility for Reproduction
The CONSULTANT will provide an edited readable manu-
script copy of the text and its revisions suitable for
typing by CITY personnel on mag typewriter, and one
copy each of diagrams (camera-ready) to be incorporated
in the text will be provided by CONSULTANT. The CON-
SULTANT will proof final typing before the CITY under-
takes reproduction.
G. Form of Draft Schedule of District Regulations and
Responsibility for Reproduction
The CONSULTANT will provide a master copy of the draft
or revised schedule of district regulations, on milar
and photographically reduced, ready for reproduction.
IIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII•I■IIIi•n
4
i at _ Coi►tiletec Pticder. Phase V ontta t
It is understood that no charge shall be made under
this contract for proofing of mag typing or editing
of those materials prepared by the CONSULTANT under
the Phase V contract.
CTION IV. CITY'S SERVICES AND RESPONSIBILITIES
The CITY shall furnish the CONSULTANT services as follows:
A. The Planning Director or
person or persons to be
designated by him will be available for consulta-
tion periods as required.
• At the option of the CONSULTANT, additional consul-
tation time will be available with members of the
Planning Department.
. The Planning Department shall be responsible for all
mapping work in connection with the official zoning
atlas, and shall closely coordinate this task with the
advise and consultation of the CONSULTANT.
). The Planning Department will make available to the
CONSULTANT all information in its possession relating
to the WORK; the CITY shall bear all reproduction
costs for reproducing this information.
E. The CITY assumes all responsibility for and the costs
of reproduction of WORK documents in such quantities
as it deems desirable, from edited readable manuscript
and camera-ready .diagrams to be supplied by the CON-
SULTANT.
The CONSULTANT shall be furnished eight (8) reproduced
copies of all WORK documents at no charge to the CON-
SULTANT.
The Planning Director shall be responsible for arrang-
ing meetings with the City Commission, Planning Ad-
visory Board, Zoning Board, or official committees as
appropriate after clearance with the CONSULTANT.
G,
11111111111111111111111111111111111111 111111111111111111 III 11i 1 111 iiiin■
OtOTIbN V. i4 COMPENSATION POR SEttVtC~,ES
?or professional and technical services as authorized in SECTION III
SCOPE OF PROFESSIONAL SERVICES, the CITY agrees to pay the CONSUL-
TANT a FIXED FEE of $30,000 (thirty -thousand dollars). Partial pay-
ittents for the WORK shall be made as follows:
A. CONSULTANT will submit monthly billings in triplicate,
such billings to be made over the signature of Dr.
Ernest R. Bartley. Payment shall be made by the CITY
within forty-five (45) days of receipt of such billings.
Payments shall be made to Dr. Ernest R. Bartley, AIP.
B. The amount of monthly billings due for the work per-
formed to date shall be an amount calculated in accord
with paragraphs C and D below.
CONSULTANT'S monthly billings will set out hours worked
during the billing month at the rate of Three Hundred
Fifty Dollars ($350) per eight (8) hour day for Fred-
erick H. Bair, Jr., and Three Hundred Twenty -Five
Dollars ($325) per eight (8) hour day for Ernest R.
Bartley. A "man day" as used elsewhere in this Agree-
ment shall mean eight (8) hours.
D. The CITY shall not be liable for any transportation
or living expenses of the CONSULTANT. The CITY will
be liable for any professional expenses incident to the
preparation or revision of the draft of the text and
the schedule of district regulations such as drafting
of necessary diagrams, physical preparation of the milar
schedule, photographic reduction of the schedule, and
the like incurred by CONSULTANT.
5 C' ION VI. =.. WORk SCHEDULE
A. CONSULTANT shall deliver the completed draft dopy of
the text and the schedule of district regulations of
a proposed new zoning ordinance, in the form set out in
SECTION III above, to the CITY no later than November,
1978. The completed draft of the text and the schedule
of district regulations shall reflect changes in lang-
uage that may be required to that date after consulta-
tions with the Department of Planning, and the Planning
Advisory Board.
. WORKSHOP - From December, 1978, through February, 1979,
•
CONSULTANT shall guide and participate with the follow-
ing groups as necessary in series of workshops on the
proposed Comprehensive Zoning Ordinanc:
1. City and County staff
2. Zoning Board, Urban Development Review Board and
Environmental Preservation Board
▪ Architects and Planners
. Consumers and Citizens
. Developers and Investors
6. City Commission
C. Report and Revisions to the Proposed Zoning Ordinance
Based on the Workshops
March, 1979, CONSULTANT shall assist in preparing
a report on the results of the workshops identified in
B above and prepare the necessary revisions to the Compre-
hensive Zoning Ordinance for public meetings and hearings
to be held by the Planning Advisory Board.
p, Planning Advisory Board Public Meetings and Hearings
During April, May and June, 1979,CONSULTANT shall parti-
cipate in the public meetings to be held by the Planning
Advisory Board in six (6) neighborhood planning districts
and the Public Hearings at City Hall,
III miI■1■IuIuIIIDuIIIIuii mini iiiiiii■ii
IIIIIIIIIIII111I11111IIIII1111■IIIIIIIIIIIIIII
�► Report and tettisionS to the Pt•opo ed Zohing_ OYdihaflce
Based on the Planning Advisory Board public Meetings
and_Hearings
In July, 1979, CONSULTANT shall assist in preparing
a report on the results of the Planning Advisory
Board Public Hearings and prepare the necessary re -
Visions to the Comprehensive Zoning Ordinance for
the Public Hearings to be held by the City Commission.
City Commission Public Hearings
During September and October 1979, Consultant
shall participate in the City Commission Public Hear-
ings on the proposed comprehensive zoning ordinance
and prepare whatever revisions are required for final
adoption of the proposed comprehensive zoning ordinance
by the City Commission.
is understood that tasks as outlined generally above are to be
coordinated with the Planning Department and, as they are completed,
are to be submitted to the Planning Department for review. The
CONSULTANT reserves the right to present at any time material on
future tasks, not required to be submitted at the given point of
time. The Director of Planning and the CONSULTANT may mutually
agree to changes in order of tasks set out generally above and to
the alteration of time requirements.
It is further agreed that the CONSULTANT will aid the Planning
Department within the limits of this contract in maintaining the
integrity and operative character of the existing zoning ordinance
during the period covered by this Agreement.
SECTION VII. - TERMINATION OF CONTRACT
The City retains the right to terminate this Agreement at any time
prior to the completion of the WORK without penalty to the CITY.
In that event, termination of this Agreement shall be in writing
to the CONSULTANT who shall be paid for all WORK performed prior
to the date of his receipt of the notice of termination. Basis
for payment shall be as set out in SECTION V COMPENSATION FOR
SERVICES above.
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII1IIIIIIIIIIIIIIIII61111IIIIIIIII11111111111IIIIIII•ii i■iin■m
fib ease, howeVe ', Will the CITY pay the CONSULTANT an atoll t
h ekcess of the total sum provided by this Agreement. It is
understood that the SUBCONSULTANTS' compensation (including
that of Frederick H. Bair, Jr.) shall be paid by the CONSULTANT
and that the CITY shall not be obligated to pay any compensa-
tion pursuant to this Agreement to any person or firm other
than Dr. Ernest R. Bartley.
It is hereby understood by and between the CITY and the CONSULTANT
that any payment made in accordance with this Section to the CON-
SULTANT shall be made only if said CONSULTANT is not in default
under the terms of this Agreement. If the CONSULTANT is in default
under the terms of this Agreement, then the CITY shall in no way be
obligated and shall not pay to the CONSULTANT any sum
whatsover. .
In the event of termination, all documents, graphics, etc., as
set forth in SECTION VIII OWNERSHIP OF DOCUMENTS shall become the
property of the CITY, subject to the provisions of SECTION VIII.
SECTION VIII. - OWNERSHIP OF DOCUMENTS
All writings, diagrams, tracing, charts, and schedules developed
by CONSULTANT under this Agreement, shall be delivered to the CITY
by said CONSULTANT upon completion of the WORK and shall become
the property of the CITY, without restriction or limitation on
their use. The CONSULTANT retains the right to utilize language,
diagrams, and approaches -- together with explanatory materials --
in subsequent ordinances they.may develop for other local govern-
ments in Florida or elsewhere or for articles, books, monographs
they may publish.
It is further understood by and between the parties that any in-
formation, maps, contract documents, reports 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
iuiiiIiiii iiiii III IIIII1IlIlI1 ER l■lu■
sfty and shall not be used by the CON8tiLTANT for any other
purposes whatsoever without the written consent of the CITY.
SECTION IX. - 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 agreed to pay any
person or company any fee, commission, percentage, brokerage
fee, or gifts of any kind contingent upon or resulting from
the award of making this Agreement.
The CONSULTANTS are award of the conflict of interest laws of
the City of Miami (Miami City Code Chapter 2, Article V) and
Dade County, Florida (Dade County Code, Section 2-11.1) and
agree that they will fully comply in all respects with the
terms of said laws.
SECTION X. - AMENDMENT
This Agreement represents the entire agreement between the CITY
and the CONSULTANT and supersedes all prior negotiations, repre-
sentations or agreements, either written or oral.
This Agreement may be amended only by written instrument accomplished
by both the CITY and the CONSULTANT.
SECTION XI. - NON-DELEGABILITY
It is understood and agreed that the obligations undertaken by
the CONSULTANT pursuant to this Agreement shall be performed by
the CONSULTANTS named and defined in SECTION II (C) hereof, and
that such obligations 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.
SECTION XII. - SUCCESSORS AND ASSIGNS
This Agreement shall be binding upon the parties hereton, their
heirs, executors, legal representatives, successors, and assigns.
0
StelION XIII= = AUDIT RIGHTS
The CITY reserves the right to audit the records of the CONSUL
TANTS at any time during the performance of this Agreement and
payment is made under this
for a period of one year after final
Agreement.
SECTION XIV. - LIABILITY
CONSULTANT shall indemnify and saVe the CITY harmless from and
against any and all claims, liabilities, losses, and causes of
action which may arise out of CONSULTANTS activities under this
contract, including all acts or omissions to act on the part of
CONSULTANTS or any of them, including any person acting for one
on his or their behalf.
SECTION XV. - RIGHT OF DECISIONS
All services shall be performed by the CONSULTANT to the satis-
faction of the Director of the Department of Planning, who shall
decide all questions, difficulties, and disputes of whatever
nature arising out of this Agreement, the prosecution and ful-
fillment of the services hereunder, and the character, quality,
amount, and value thereof; and the Director's decisions upon
all claims, questions of fact, and disputes shall be conclusive
and binding upon the parties hereto, unless such determination
is arbitrary and unreasonable. In the event the CONSULTANT
does not concur in the judgement of the Director of the Depart-
ment of Planning as to any decision made by him, they shall pre-
sent their written objections to the CITY MANAGER, with a copy
to the Director of the DepartMent of Planning; and the CONSUL-
TANT shall abide by the decision of the CITY MANAGER, except
as provided in SECTION XVI below.
SECTION XVI. - ARBITRATION
All claims, disputes, and other matters in question arising out
of or related to this Agreement, including interpretation or the
breach thereof, shall be decided by arbitration in accordance
1111111111 II II III IIIIIIIIIIII1 uuuiiimiIU■
ith the Arbitration Rules of the Ameridan Arbitration Attbe .a
Lion. This Agreement to so arbitrate shall be specifically
enforceable under prevailing arbitration law.
SECTION XVII. - NON-DISCRIMINATION PROVISION
The CONSULTANTS warrants that no person in the United States
shall, on grounds of race, color, creed, national origin, sex,
marital status or physical handicap be subjected to discrimina-
tion under this Agreement and will immediately take any measures
to correct such discrimination and to ensure that such discrimina-
tion cannot occur in the future.
The CONSULTANTS warrants that he will comply in accordance with
the Housing and Community Development Act of 1974, Section 109,
Civil Rights Acts of 1974, Title VIII of
of 1968, Executive Orders 11246 and 11046
Housing and Urban Development Act of 1968,
with Title VI of the
the Civil Rights Act
and Section 3 of the
Section 570.303(3) (1) .
The CONSULTANT warrants that he will comply with the provisions
of the Hatch Act as amended January 1, 1975, which limits the
political activites of employees.
SECTION XVIII. - CONSTRUCTION
The parties agree that this Agreement shall be construed and
enforced according to the
laws (statutes and case law) of
State of Florida and any applicable City ordinance(s).
IN WITNESS WHEREOF, the parties have executed this
Agreement on the day and year.first above set forth:
Signed, sealed, and delivered The CONSULTANT, Ernest R.
in the presence of:
Approved as to content;
Director, Dept. of Planning
the
Bartley
Ernest R. Bartley
The City of Miami (A municipal
corporation of the State of Florida)
(Seal)
By:
City Manager
proved as to form and legality:
City Attorney
14