HomeMy WebLinkAboutR-75-0582R SCAMPI
M Mb. 75482
A'RESOLUTION AUTHORIZING AND DIRECTING
THE CITY :MANAGER TO ENTER INTO AN
AGREEMENT WITH THE CENTER POR URHAN
AND REGIONAL STUDIES OP THE UNIVERSITY
OP MIAMI, FOR CONSULTANT SERVICES
RELATED TO THE COMMUNITY DEVELOPMENT
PROGRAM POR THE OVERTOWN AREA, TO BE
PREPARED IN CONaUNCTION WITH A MIAMI
COMPREHENSIVE NEIGHBORHOOD DEVELOPMENT
PLAN; SUCH CONSULTANT SERVICES TO BE
FINANCED BY A GRANT FROM THE UNITED
STATES DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT IN THE AMOUNT OF $50,000.00,
PROVIDED THAT SUCH GRANT IS AWARDED AND
TENDERED TO THE CITY OF MIAMI.
WHEREAS, on March 12, 1975, the Miami City Commission
authorized the City Manager to submit a grant application to
the United States Department of Housing and Urban Development
to provide community development services for a one-year period,
and further authorized the City Manager to negotiate contracts
necessary to implement the community development program; and
WHEREAS, on March 12, 1975, the Miami City Commission
passed a Motion of Intent to find and make available funds in
the amount of $50,000.00, for projects in the Overtown Area of
the City of Miami in the application for funds under the Housing
and Community Development Act of 1974; and
WHEREAS, the Center for Urban and Regional Studies of the
University of Miami provides planning services and is qualified
to conduct studies and analyses of the Overtown Area, as necessary
in conjunction with the preparation of a Miami Comprehensive
Neighborhood Development Plan for the City; and
"DOCUMENT INDEX
ITEM NO.
CITY COMMISSION
MEETING OF
JU N 121975
sTIOn r+4f„ , ,- 5;81
IMAM ROM PIPPO ff flffRM'R
WHEREAS, the Center for Urban and tei ions i Studies Fhb
U iieraity of Miami detirea to perform the aery cet herein
described under the direction of and for the tccount of the Ci
of Niiati
NOW ' HE EPOkE, BE IT RESOLVED EY TEE COMMISSION nP THE
CITY OP MIAMI, rtO1.IDA:
Section 16 That the City Manager is hereby authorized
and directed to enter into an agreement with the Center for
Urban and Regional Studies of the University of Miami, for
consultant services related to the Community Development
Program for the Overtown Area, to be prepared in conjunction
with a Miami Comprehensive Neighborhood Development Plan.
Section 2. That such consultant services are to be financed
by a grant from the United States Department of Housing and Urban
Development in the amount of $50,000.00, provided that such grant
is awarded and tendered to the City of Miami.
PASSED AND ADOPTED this 12 day of DUNE ,'1975.
MAURICE A. FERRE
MAYOR
ARED AND APPROVED BY:
G orge F . ox, Jr.
Assistant Cty Attorney
APPROVED AS TO FORM AND CORRECTNESS
7'ok�r� $ Lloyd
( )City Attorney
tb:
Honorable Members of
the City Commission
RtiM Ps W. Andrews
IV/anager
a
t tY o'! 4411di' :0l,nbA
iN 1b#P1e M M6 NbUM
bM Ee
JUN 6 1916
SueJtct: Overtown Planning Service
Agreement Item 33
REFERENCES:
ENCLOSURES:
At the lvtiarni City Cornmissiori meeting of Suite 5, 1975, Item 31
"Resolution authorizing the City Manager to enter into a contract
with the University of Miami for consulting services for the over -
town area" - was deferred until the City Commission meeting of
June 12 at the request of the New Washington Heights Community
Development Conference, Inc.
A copy of this letter requesting deferral is attached for your informa-
tion.
cc: Honorable
Honorable
Honorable
Honorable
Honorable
Maurice A. Ferre, Mayor
J. L. Plummer, Jr. , Vice Mayor
Theodore R. Gibson
Rose Gordon
Manolo Reboso
tom.
Sri
N WASHtMGTON HEIGHTS `' 1,,;
�t COMMUNITY 1EVELOPMENT CoNPEfENCE4 C.
636 N a W. 2rat A +erntit, mismi, €1%title t3116 00 3-79 189
»A Ntm#mfit Ofpftintieft Mvedo fl With rho fleti#v prnb11t'bt rho &PAW WON &iWiPitt"
Nb. i 4, 1975
Mr. Paul Andrews
City Manager
City Hall
P.O. Box 330708
Miami, Plorida 33133
Dear Mr. Andrews:
Re: Proposed Contract for Center of
Urban & Regional Studies, University
ofMiami
The abovementioned Contract is for professional, and technical
services for New Washington Heights Community Development
Conference.
Time has not permitted itself for New Washington Height's Board
of Directors and Culmer Park Community Development Task Force
to review the proposed contract and agree upon its contents. We
are therefore requesting a short delay on the said contract being
passed, so that it can be reviewed by all parties and agreed upon.
Our agreement will be submitted to you before the next «ommission
Meeting.
Thank you for your kind co-operation.
Sincerely,
Moses Florence, President NWHCDC
Alvin Dean, Cha uTan Culmer Park C.D.Task Force
Jackie Bell, Director - NWHCDC
CO: Mayor M. ' Perr e
Joe Middlebrook
Commissioners
It 45P 'MIAMt, 't.51415A
iN tnastsktitt Mt1411214ANtitiki
to: 14oriorable Members of the
City Com 'i ssi fi
allot itediatittok"kift,
PFtbM: P. W. j/Andrews
flty Manager
MAY I9? *IL :
sU JEcr: ,Cetitract for Overtown Study
Yttt'ERtNGt_S:
€Htt.bt lRtt5:
Pursuant to City Cornrnissiorl` 1VIotien 75'Z39, on March 12, 1975, which was a
><i' of ort of intent to find and make available funds in the amount of $50, 000 for the
t'CulMer Project" in the Overtown area of the City in the application for funds
under the Housing and Community Development Act of 1974, the adrninistratiori has
prepared a contract with the cooperation of Mr. Joseph Middlebrooks, Director of
the Community Development Division of the University of Miami, for planning
services in the Overtown area of Miami.
These planning services shall be provided simultaneously and in close coordination
with the preparation of the Miami Comprehensive Development Plan.
It is requested that the City Commission authorize the City Manager to execute the
contract between the University of Miami's Community Development Division and the
City.
AGP i;tVfXNT
This Agreement made this ...._.
day tit
1 75*
arid between the City of Miami. a municipal corporation of the 'gts."te tit ?t t'it ai
hereinafter tatted "err?, '1 and the Center for Urban and pegiooat Studies of the
University of Miami, hereinafter called "CONSULTANT",
yITNESSETH
THAT, Bill-ItttEAS, on March 12, 1975, the Miatn City Cotnmisstort passed
Resolution No. 5 24O authorizing and directing the City Manager to submit a.
grant application to the U. S. Departrnetit of 1-lousing acid urban Development
to provide community development services for a one-year period and further
authorizing the City Manager to accept the grant and execute contracts necessary
to implement the community development program,
•
WHEREAS, on March 12, 1975, the Miami City Commissionpassed
Motion 75-239, which is a Motion of Intent to find and make available funds in
the amount of $50, 000 for the "Culmer Project" in the Overtown Area of the City
in the application for funds under the Housing and Community Development Act of
1974;
WHEREAS, the CONSULTANT provides planning services and is qualified
to conduct studies and analyses of the Overtown Area, as necessary in conjunction
with the preparation of a Miami Comprehensive Neighborhood Development Plan
for the CITY, and. desires to perform the services therein described under the
direction of and for the account of CITY; and,
WHEREAS, the Miami City Commission by Resolution No. dated
1975, selected the CONSULTANT to provide the professional and
technical services required to prepare plans of the Overtown Area. in Miami for
the CITY in conjunction with preparation of a Miami Comprehensive Neighborhood
Development Plan and authorized the City Manager to negotiate a contract of
$50, 000 with said organization for said professional and technical. services.
NOW, THEREFORE, the CITY and the CONSULTANT for the considerations
hereinafter set forth, agree and covenant, one unto the other, as follows;
:8tC tON,1
As The CONSULTANT shalt peftottri the pratesstoriai services at lief`etti.
after set forth and
The CITY, pursuant to l esoluutibfl Nos 75.219 and Resolution 75.
passed by the City CbtrittlitSibtl bti March 12, 11)75, sham pay the
CONSULTANT for step professional and teehnit al services a fired
fee of fifty thousand ($50, 000) dollars.
,SZ_CTtO t t)trINITIONS
A. CITY - is hereby defined as the City of Mari, Florida.
U. CITY MANAGER - is hereby defined as the City Manager of the
City of Miami, Florida.
C. CONSULTANT - is hereby defined as the Center for Urban and
Regional Studies of the University of Miami.
D. COUNTY - is hereby defined as Dade County, Florida.
DIRECTOR OF PLANNING - is hereby defined as the Director of
the Department of Planning of the City of Miami, Florida.
F. FIXED FEE - is hereby defined as the amount of money the CITY
agrees to pay the CONSULTANT for all professional and technical
services required to complete the Work as defined in SECTION III
SCOPE OF PROFESSIONAL SERVICES hereof.
G. PROJECT - is hereby defined as the preparation of Plans for the
Overtown Area in conjunction with preparation of a Miami Compre-
hensive Neighborhood Development Plan.
H. PROJECT STUDY AREA is hereby defined as the Overtown Area,
extending from NW 14th Street to NW 5th Street and from the I-95
Expressway to North Miami Avenue.
I. STATE - is hereby defined as the State of Florida._
J. WORK - is hereby defined as the professional and technical services
to be rendered or provided by the CONSULTANT.
_Z.
E.
5 Oi i n C � PkOrtSSiON1 L
The CONSULTANTts professional services have the fbllowitig general object ves
A. To cooperate with the planning firm of Wallace, Mellarg, Roberts
and Todd, which has been contracted to prepare the M atrti Co pre'
hensive Neighborhood Matt acid to assist and advise the CITY with
regard to the preparation of plans, studies, and other 'documents
for development and improvement of the Overtown community.
B. To recommend end comprehensive, detailed development strategies to
spur economic growth, to improve development and to revitalize
Overtown commercial areas, with particular emphasis on the Second
and Third Avenues' commercial corridors.
To prepare benefit studies of public investment in the Overtown
community and evaluate the effectiveness of public spending on such
things as utilities, public services, community facilities, health
facilities and services and economic assistance programs in terms
of private investment spin-offs, commercial and residential revitaliza-
tion, community pride and cohesiveness, social and economic stability.
D. To aid implementation of the plans and programs by building support
through the course of the Project with citizen participation.
It is agreed and understood that the Director of the Community Development
Division shall devote a minimum of forty (40) days of his time and attention to
the CONSULTANT's services to be furnished hereunder and shall on behalf of the
CONSULTANT supervise and direct the performance of all the CONSULTANT'S
services' hereunder over the estimated duration of the contract. The CONSULTANT
shall provide the following professional and technical services, comprising the
Work, and shall be fully responsible for all the professional and technical aspects
thereof. The CITY's review and acceptance of the Work will relate only to overall
compliance with the general requirements of the Study and whenever the term
"Approval by the CITY" or "Acceptance by the CITY" or like terms are used
in this Agreement, the phraseology shall in no way relieve the CONSULTANT
from any duties or responsibilities under the terms of this Agreement and from
tis tig the highest standard t7f :professioftal services ah i practices, t1pbr
full execution of this Agreement, the CONSULTANT shalt prepare work as
fbtlgigs
PRASE 1 INVE TO ! AND
P OC A l$
1. 1 eviewNeighbort ood Development Plan #3 documents. the Cutrt er
Park- Target Area Profile contained in the City'1974 CDA Apptica.tion,
the Central lvliana Study prepared by the Community Development Diviai in,
Downtown Miami 1973-1985, the papid Transit reports and other relevant
documents, plans, proposals which would, have a significant impact on
Overtown = to avoid duplication of efforts, to become fa.milia.r with the
contents of plans and to evaluate goals and objectives.
2. Identify community organizations in an effort to subsequently maximize
citizen input and review in terms of identification of problems, needs and
priorities.
3. Review available economic data pertaining to Overtown ownership
patterns, employment, business activities, economic trends and then -
design surveys (1) to determine owner -consumer needs, desires and
market relationships and (2) to determine the economic feasibility and
public and private interest in redeveloping Overtown commercial area(s).
4. Identify and analyze the costs and benefits of selected public and
private projects or organizations that can and have provided financial,
technical or material assistance to Overtown organizations or individuals
l
in economic ventures (commercial or residential), renewal activities and
other similar programs.
5. Assist the CITY and its planning specialists in identifying existing
community facilities, public and private recreational resources, parks,
open space, utilities and other public services and do a comprehensive
inventory of health facilities and health services in the Overtown Area,
b, Assist the CITY and prepare reports summarizing and analyzing
the economic data collected, identifying previous community goats and
objectives, public programs, capital improvements, community organiza-
,l�
t bnsi resource a.gettcies and strategies for tnadiftiiiirtg titi2en i rein 'iatiori
Arid participation,, all iti a form appropriate aftd consistent for itteorpora.tioo
itito the Math 'Comprehensive fv+eighbothood bevetopfrterit to .
7. Dn selected functional arialysis of the Overtown area within budget
constraints and as heed is identified by the Milt PLANNING
and the CONSULTANT.
8. Provide professional consultation and advice to the CITY, up to
five (5) work days (Director of the Community f eteloprrtent Division).
9• Conform reasonably to a work -task s+ hedute developed tizttttaally
between the CITY and the CONSULTANT.
PHASE II NEIGHBORHOOD EMPHASIS
1: With information that has been reviewed and data, that has been
collected in the field by the CITY and its planning specialists, assist the
CITY and the planning specialists to identify present and anticipated trends
a.nd probable change in the Overtown community to include consideration
of neighborhoodfunctions, economic considerations, social conditions,
land use activities, urban design and landscaping and the general environment;
2. Establish or work with a representative citizen's task force for Over --
town, participate actively in task force meetings to develop community
goals and objectives and act as a principal liaison with the Overtown
community:
3. Assist in preparing alternative action programs to modify problems,
act on opportunities andhelp develop concept plans and programs for
Overtown, identifying regulatory and governmental control needs;
4. Identify programs and proposals for the preservation of desirable
environmental neighborhood characteristics, for rehabilitation and for new
development;
Identify local employment opportunities resulting from the proposed
rapid transit stop within the area;
6. F-Ielp the CITY and its planning specialists to 'analyze the needs for
community facilities, public and private recreational programs, parks,
a
C eti spat
ch facilitiesf health services, Billies attd ether pti lic
servtces a.nd to initiate neighborhood application tot siich services acid
resbtyreesi where possiblei
bo a.ttd bt abet ieritiy evaluate the stirteys of otvt er»tousle er tteeds,
desires and iniarket relationships and indicate the feasibility a.ttd interest
itt corntt'ierelal redevelopttiettt programs by area residents♦
8. Continue selected furictiorial analysis of the Overtown area within
budget constraints and as need is identified liy the DIRECTOR OF PLANNING
and the CONSULTANT:
9. Provide professional consultation and advice to the CITY up to five
(5) work days (Director of the Community Development Division).
10. Conform reasonably a work -task schedule developed mutually
between the CITY and the CONSULTANT.
PHASE III PRELIMINARY AND FINAL COMPREHENSIVE NEIGHBORHOOD
DEVELOPMENT PLAN PREPARATION
1. Assist the CITY and its planning specialists to revise and consolidate
the Overtown concept plans in a consistent form with the Preliminary Compre-
hensive Neighborhood Development Plan Draft consisting of: a summary of
goals and objectives; needs, policies, trends, and forecasts; a series of
functional plans to include land use, circulation, utilities, conservation,
recreation and open space, housing, natural resources and coastal zone
management, urban design framework and community facilities; six -year
capital improvement program; and short-range actions, all, as relevant,
in a form appropriate as an input to the new Housing and Community
Development Act of 1974.
Z. Present these preliminary plans to the Overtown community, help
develop community interest and support, and act as a liaison between the
community and official agencies, where appropriate. Attend and assist at
public hearings, community meetings and other information gatherings.
3, Based on review and comment by corrununity groups, task forces,
the Planning Advisory Boarcl and other organizations or individuals, help
modify the preliminary plans and participate in the final plan synthesis
.t.- ,,... _.....T,..., -..
ay
fbr O ;ertOwt the Pla.hning te� arthetit &tit g p
p �� planning �. eciai`sisa
41 Prepare reco mehdations with supportive data fc r ttOritiffilt deve bp=
Mott prograths fair the Second and Third Avenues Y cothtfieroisl a `ea .
Methods for improving employment opportunit.ieS tieveloprnefit and invest.
fn nt should be etriphasized with these reebtttmettds.tiris. ilttOtrintentiatinnt
sh6tild include a report defining progratn feasibility artd objectives, scope of
imp ovet'nents, estirnated projects' costs, and resburees tb b.chieve afi ,onm
going commercial revitalization project. In addition, the CONSULTANT
should inform and attempt to develop interest among local business people
who might participate in or initiate such programs.
5� Determine the feasibility, type and structure of an economic develop..
rnent organization, which would have a broad range capability for improving
the area.
6. Prepare recommendations for CITY officials for the proper identifi-
cation of Overtown needs and a more effective means of budget allocations
to meet these needs. To the extent possible, the non-public spin-offs
should be noted.
7. Synthesize information and prepare reports on any selected functional
analyses that have been initiated.
8.
Provide professional consultation and advice to the CITY,up to five
(5) work days (Director of the Community Development Division).
Conform reasonably a work -task schedule developed mutually
between the CITY and the CONSULTANT.
SECTION IV - SCHEDULE OF STUDY AND FORM OF REPORTS
A. Schedule of Study
The Study Schedule calls for three Phases, each of five (5) months
duration, for a total of fifteen (15) months. Upon execution of the
contract, the CITY will accept Work done by the CONSULTANT
between June 1, 1975, and the date of this Agreement, provided
that invoices for reimbursernent are submitted to and approved by
the DIRECTOR OF PLANNING within thirty (30) days after executing
the t:ontract, in ho case shalt the 'CONSULTANT totntnenee Work
tater than fifteen (15) days after ttotice to 'proceed frorn the CITY
IANAG 12 Since delays it. tt cisibfis and authoritation to proceed
from phase to phase are likely, the overall term of this Agreement
is eighteen (18) months.
'o rri 1 epdrts
1. Summary Progress Reports wilt be submitted to atcortpany
invoices for reitribursernent.
Z. InterimReports will be submitted upon completion. pf Phase 1,
Phase II, and Phase IIt. These Interim Reports will be inexpensive
working documents for reproduction in appropriate quantities by the
CITY from photo -ready material produced by. the CONSULTANT.
3. Specific studies, reports, graphic materials, recornrnendations,
summaries, plans and other documents prepared by the CONSULTANT
shall be inexpensive documents of high professional quality, suitable
for reproduction in appropriate quantities by the CITY from photo-
ready material produced by the CONSULTANT, all in a consistent
form, suitable for incorporation in the Final Miami Comprehensive
Neighborhood Development Plan.
SECTION V - COMPENSATION AND METHOD OF PAYMENT
A. The CONSULTANT shall submit duly certified invoices in triplicate
for approval to the DIRECTOR OF PLANNING, together with a
progress report of Work accomplished.
B. The amount of the invoices submitted shall be the prorated amount
due for all Work performed to date under the terms of this Agreement,
determined by applying the percentage of the Work completed as
certified by the CONSULTANT and as approved by the DIRECTOR OF
PLANNING, to the total dump sum due for the Work.
C. The arnount of the partial payment due for the Work performed to
date shall be an amount calculated in accordance with paragraph (B)
above, less ten percent (10%) of the amount thus determined, which
shall be withheld by the CITY and Less previous payments,
ru"
The Ct Y agrees to pay the CONSULTANT ten percent (i %) f iht
Piked fee within thirty (30) days of a ecutiori of this trbnt att$ which
fee shalt be deducted froth subsequent invoices.
The CONSULTANT shalt have the right to stop Work if payment
of approved invoices has not been received within sixty (a'O) days
of submission.
F. The ter' percent (10%) retattage shall be paid in full to the CONSULTANT
upon satisfactory completion of services as certified by the DIftECTOi
OF PLANNING.
SECTION VI � TERMINATION OF AGREEMENT
The CITY or CONSULTANT may terminate this Agreement at any time prior
to completion of the Work without penalty to the other. to that event, termination.
of this Agreement shall be in writing and. the CONSULTANT shall be paid for
services rendered prior to termination in accordance with SECTION V
COMPENSATION AND METHOD OF PAYMENT.
If, however, the termination of this Agreement occurs during an incomplete
month, then the CONSULTANT shall be paid for those services rendered in such
incomplete month. by prorating on the basis of percentage of the total services which
have been performed at the time of termination of Agreement, subject to approval
as provided in Section V, Paragraph B. In no case, however, wilt the CITY pay
the CONSULTANT a greater amount for this incomplete month than would have
been paid had the termination been made at the completion of this month nor shall
any partial payment exceed the total amount of this Agreement.
In the event the termination of this Agreement occurs, the CONSULTANT
shall be entitled to receive payment as provided above and also the ten percent
(10%) retainage heretofor held by the CITY.
In the event of termination, all documents, plans, models, etc., prepared
in conjunction with the Work shall be delivered to and become the property of
the CITY. The CONSULTANT will be responsible for all the Work of the
CONSULTANT'S organization or associates. Nothing contained in this Agreement
shall create any contractual relation between any of the specialists working for
the CONSULTA 1 ah the CtT '4 it shall be tihderst od that the l` ONStilaTANT
is iti tib way relieved ni s.riy responsibility- under the terms of this Agreement
by virtue of any other professional who may associate with it it pe rhbrMing the
We, tit.
SECTION VII ES` /IQATED Cl/tillU E WO
The CONSULTANT agrees to a%ecute the professional and technical services
promptly and diligently and in strict cotiforrnarice with this Agreement. It is
understood and agreed by both parties that the tifne schedule for the WCi I wilt
be reasonably followed by the CONSULTANT as heretofore stated.
SECTION Vitt:- OW'NERS14/P or DOCUMENTS
All tracings, plans, drawings, specifications, field books, Survey informs+
tion maps, reports and other data developed as a result of this Agreement shall
be delivered to. the CITY by the CONSULTANT upon the completion of the Work
and shall become the property of the CITY, without restriction or limitation on
their use.It is further stipulated that all information developed as a part of this
PROJECT shall not be published or disseminated by the CONSULTANT without
written consent of the CITY.
SECTION IX - AWARD OF AGREEMENT
The CONSULTANT warrants that it has not employed or retained any
company or persons to solicit or secure this Agreement and that it has not paid
or agreed to pay any company or person any fee, commission, percentage, brokerage
fee, or gifts of any other kind contingent upon or resulting from the award of making
this Agreement.
The CONSULTANT also warrants that to the best of its knowledge and belief
no commissioner, mayor, or other officer or employee of the CITY is interested,
directly or indirectly, in the profits of emoluments of this Agreement or the job,
work, or services for the CITY in connection with the Agreement or consultation
of this PROJECT.
The CONSULTANT shall not engage during the period of this Agreement
the services of any professional or technical personnel who has been at any time
during the period of this Agreement in the employ of the CITY, without written con-
sent of the CITY. This does not apply to retired employees of the ITY,
-10-
St,q fiDN tXTE:ST Pt C:ti EE.Ir. T
This Agreement represents the entire and integrated Agreement betikeeri the
CITY ` arid the CONSULTANT and supersedes all prior negbtiati na; representattorts
r Agreements, either written or oral. This Agreement rra.y be Ain ended only by
written instrument by both CITY and the CONSULTANT.
.SECTION Xt ...SU;CCI USSo1#S„ANbASSIGi $
The CONSULTANT shall make no assignment tr transfer of this Agreement,
or sublet, assign, or transfer any part of the Work under this Agreement without
the written consent of the CITY. This Agreement shall be binding upon the parties
hereto, their heirs, executors, legal representatives, successors and assigns.
SECTIONXII AUDIT RIGHTS:
The CITY" reserves the right to audit the records of the CONSULTANT at
any time during the prosecution of this Agreement and for a period of one year
after final payment is made under this Agreement.
SECTION XIII INSURANCE AND INDEMNIFICATION
The CONSULTANT shall not: commence work on this Agreement until he has
obtained all insurance required under this Section and such insurance has been
approved by the CITY.
The CONSULTANT shall defend, indemnify and save the CITY harmless from
any and all claims, liability, losses and causes of actions which may arise out of
the CONSULTANT's operation of this Agreement and shall pay all claims and Losses
of any nature whatsoever in connection therewith and shall defend all suits, in the
name of the CITY when applicable, and shall pay all costs and judgments which may
issue thereon. The CONSULTANT shall maintain during the term of this Agreement''
the following comprehensive insurance:
A. Comprehensive Automobile Liability Insurance in amounts not less than
$500, 000 per person and $500, 000 per occurrence.
Comprehensive General Liability. Insurance (Except Autornobile) in
amounts not less than $500, 000 per occurrence.
Additional liability insurance equal to the limits of liability of the AETNA
insurance policy No. 23AL801702 CRA of the University of Miami on file'
with the CITY,
'I'liIT `Shalt be hatred as an :additional-,h t1red undet the polities
of insurance required as tit aril- tti otk performed 'under -this Agreement. •
All itisttratieie pbtt ies shall be issued by •tot.-tpa its authbrttetl to do bt s tress
under the laws of the State of `lt rida..
ti ttiatt riat thange or cancellation •of the insuratice shall be effective without
thirty (JO) days prior written notice to the CITY.
rS CTION 'titry i 4 r OV I tetStO TS
Alt services shall be performed by the CONSULTANT to the satisfaction
of the DIRECTOR or PLANNING, who shall decide all questions, difficulties,
and disputes of whatever nature, which may arise under or by reason of this
Agreement, the prosecution and fulfillment of the services hereunder, and the
character, quality, amount, and value thereof, and the DIRECTORts decisions
upon all claims, questions of fact, and disputes shall be conclusive and binding
upon the parties hereto, unless such deterrnination is clearly arbitrary or
unreasonable. In the event that the CONSULTANT does not concur in the judgment
of the DIRECTOR OF PLANNING as to any decision made by the DIRECTOR,
the CONSULTANT shalt present its written objections to the CITY MANAGER,
with a copy to the DIRECTOR OF PLANNING; and the CONSULTANT shall abide,
by the decision of the CITY MANAGER, except as provided in Section XV below.
SECTION XV - ARBITRATION
A11 claims, disputes and other matters in question arising out of or relating
to this Agreement, including interpretation or the breach thereof, shall be decided
by arbitration in accordance with the Arbitration Rules of the American Arbitration
Association then obtaining. This Agreement to so arbitrate shall be specifically
enforceable under the prevailing arbitration law. Notice of the demand for arbitra-
tion shall be filed in writing with the other party to this Agreement and with the
American Arbitration Association and such demand shall be made within a reasonable
time after the events giving rise to the claim, dispute or matter in question.
SECTION XVI - MODIFICATION
The parties reserve the right, subject to mutual assent by the CONSULTANT
and the DIRECTOR OF PLANNING to modify the terms, conditions and schedules
a.s herein contained, a$ necessary and as evidenced by 1 written dccuxient,
The CONSULTANT agrees that there shall be no 'discrimination as to ra.fre,
eolor, se , treed or national origin, iti regard to the CONSULTANT s obtiaat ons,
Work arid ser* ices performed under the terms of this Agreemeriti
The parties hereto agree that this Agreement shaft be construed and et forced
aecbrdittg to the taws, statutes and ease taws of the State of Florida..
IN WITNESS WHEREXE, the parties hereto have, through their proper
corporate officials, executed this Agreement, the day and year first above set forth;
Sighed, Seated and
Delivered in the Presence
of:
Attest:
City Clerk
THE UNIVERSITY or MIAIvti
Byt (Seal)
THE CITY OF MIAMI
(.A municipal corporation of
the State of Florida)
By:
(Seal
City Manager
APPROVED AS TO CONTENT APPROVED AS TO FORM AND
CORRECTNESS
Director, Department of Planning City Attorney
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