HomeMy WebLinkAboutaddendum-►,3
CITY OF MIAMI
CITY ATTORNEY'S OFFICE
MEMORANDUM
TO: Alicia Cuervo Schreiber, Chief of Operations
FROM: Olga Ramirez-Seijas, Assistant City Attorney
DATE: March 10, 2005
RE: Hammes Contract — Orange Bowl
The following are the main, substantive outstanding issues under the referenced contract:
Section 5.1 of the contract contemplates monthly payments in a lump sum amount. The contract
must be modified to tie the monthly payments to a Fee Schedule. Hammes emailed a proposed
schedule yesterday afternoon, which has not yet been approved. The Schedule is not a part of the
contract submitted to the Commission.
2. The contract limits Hammes' liability to the amount of insurance coverage and, in the event
that the insurance does not fully cover a particular claim, the Contract limits the liability to
$150,000. We would prefer to not to limit Hammes' liability under the contract. However, if
we must agree to a limitation on liability, we recommend, and Risk Management strongly
concurs, that Hammes' liability for all claims, including claims not covered by insurance (such
as willful misconduct or criminal acts) be limited to an amount equal to the maximum amount
of insurance coverage, if the claim were covered by insurance, plus $500,000.
Additionally, Risk Management has concerns about the insurance provisions. Attached is a copy
of Risk Management's memorandum outlining key points.
c. Jorge L. Fernandez, City Attorney
Dania Carrillo, Risk Management Administrator
tpr: MemoHammesContract3-9-05
CITY OF MIAMI
CITY ATTORNEY'S OFFICE
MEMORANDUM
TO: Jorge L. Fernandez, City Attorney
FROM: Dania Carrillo, Risk Management Administrator
DATE: March 10, 2005
RE: Hammes Contract — Orange Bowl
Please note the following regarding the insurance requirements under the referenced
contract.
1. All insurance must be placed and approved prior to execution of the contract.
2. The contract requires the City to purchase insurance for $25 Million. This must be deleted.
3 We will require Employees' Dishonesty insurance.
4. The insurance requirements developed by Risk Management must substitute the insurance
exhibit in the contract.
Olga and I have discussed other changes to the contract at will be addressed in the final draft. of
the Agreement
c. Olga Ramirez-Seijas, Assistant City Attorney
tpr:Risk Management