Reso 2011-1782 - Laserfiche WebLink

Home Browse Search

it will at all times conduct its business activities in a reputable manner. Proof of such licenses and approvals shall be submitted to the City prior to commencement of work under this Agreement. 18. MODIFICATIONS OF SERVICES. The City reserves the right to make changes in the Services, including alterations, reductions or additions thereto. Upon receipt of the City's notification of a contemplated change, the Consultant shall (1) if requested by the City, provide an estimate for the increase or decrease in cost due to the contemplated change, (2) notify the City of any estimated change in completion date, and (3) advise the City in writing if the contemplated change shall affect the Consultant's ability to meet the completion dates or schedules of this Agreement. 19. COORDINATION OF SERVICES. The City's representative/liaison during the performance of this Agreement shall be Gio Batista, Public Works Director/City Engineer whose phone number is (305) 792-1909. Consultant shall not respond to requests for services under this Agreement unless the request is received directly from Gio Batista. Any requests received from other City departments/divisions shall be referred to Gio Batista first for approval or if Gio Batista is unavailable, then to the City Manager, Alan J. Cohen for approval prior to the commencement of any work. Services performed without authorization by Gio Batista, Public Works Director/City Engineer or the City Manager, Alan J. Cohen, shall be considered unauthorized and shall not be compensated/paid by the City. 20. l\1EDIATION AND ARBITRATION OF DISPUTES The merits of any dispute arising under, out of, in connection with, or in relation to this agreement, or the making or validity thereof, or its interpretation, or any breach thereof, shall be determined and settled by Arbitration before an Arbitrator in the State of Florida, pursuant to the Commercial Arbitration Rules then obtaining of the American Arbitration Association. If the parties hereto are unable to agree upon the selection of an arbitrator, such arbitration shall be held before the American Arbitration Association. Any award rendered shall be final and conclusive upon the parties hereto and a judgment thereon may be entered in the highest court of the State of Florida having jurisdiction. Before submitting a dispute to Arbitration, the parties shall first attempt to resolve the dispute amicably. In the event that the parties hereto are unable to resolve the dispute amicably, either party may give notice for a Mediation session before a Mediator appointed by mutual agreement (hereinafter the "Mediator"). If the parties are unable to agree upon the selection of a mediator, such mediation shall be held before the American Arbitration Association. The Mediator shall make a recommendation to the parties in the form of a written mediated settlement agreement. Each party to the dispute shall sign such agreement after receipt of the same or immediately file a demand for Arbitration, in which event the parties shall proceed to Arbitration in accordance with the previous paragraph. All costs of the Arbitration, including Mediation and the legal action to confirm and enforce the arbitrator's award, as the case may be, including the reasonable legal fees of both parties shall be paid by the non-prevailing party, or, if neither party prevails on the whole, each party shall be responsible for a portion of the costs of Arbitration and Mediation as may be determined by the court on confirmation. Page 7 of II F\ , ~~ C1011-066 Calvin, Giordano & Associates, Inc. Project Management Agreement for the Pier