Elan Lawn & Landscape Amendment 1 e A F
AMENDMENT NO. 1 TO THE CONTRACT
BETWEEN THE CITY OF MIAMI BEACH, FLORIDA
AND
ELAN LAWN AND LANDSCAPE SERVICE, INC.
CONTRACT NO. 34- 08/09, DATED AUGUST 28, 2009
FOR GROUNDS MAINTENANCE SERVICES FOR THE
CITY OF MIAMI BEACH, CAUSEWAYS, ISLANDS AND
OTHER LOCATIONS; AND. MOWING SERVICES
This Amendment- No. 1 to the above subject Contract is made and entered into this
pZGi.
day of 2010, by and between the CITY OF MIAMI
BEACH, Florida (City), and LAN LAWN AND LANDSCAPE SERVICE, INC.
(Contractor).
WHEREAS,. the City and Contractor enter into a Contract for Grounds
Maintenance Services for the City of Miami Beach, Causeways, Islands and Other
Locations and Mowing Services, on August 28, 2009, , pursuant to Invitation to Bid (ITB)
No. 34 -08/09 (the Contract); and
WHEREAS, the Contract is subject to the City's Living Wage Ordinance (as
described below);, and
WHEREAS, at its meeting on June 9, 2010, the Mayor and City Commission
adopted Ordinance No. 2010 -3682 (which Ordinance, is attached as Exhibit "A" hereto),
amending certain provisions of the City's Living Wage Ordinance, as codified in Sections
2 -407 through 2 -410 of the City Code (the Ordinance);and
WHEREAS, the primary purpose of the amendment to the Ordinance was to
adjust and increase the hourly Living wage rate paid by service contractors covered
under the Ordinance to their covered employees; with the proposed increases to be
phased in over a three year period, commencing on October 1, 2010,. and
WHEREAS, the amendment to the Ordinance also amended the definition of
"health benefits" to define the type of health benefits plan service contractors would be
required to offer their covered employees in order to be eligible to pay the (lower) hourly
living wage rate (with health benefits);and
WHEREAS, the amendment to the Ordinance now also provides that the
covered employee may elect, during an annual open enrollment period to be established
by the employer, whether or not to take part in the health benefits plan offered by the
employer and, should the employee elect to opt out and not receive the coverage, then
the employee shall be paid the higher hourly..living wage rate (without health benefits);
and
WHEREAS, in order to assure that covered service contractors doing business
with the City continue to comply with the provisions of the Ordinance, as amended it is
necessary to amend all the current contracts between the City and service contractors
subject to and covered by the provisions of the Ordinance; and
WHEREAS, at its meeting on September 20, 2010, the. Mayor and City
Commission adopted Resolution No. 2010- 27514, authorizing the City Manager to
amend said contracts, to the extent required to bring them into compliance with the
Ordinance, as amended.
NOW, THEREFORE, for and in consideration of the conditions and covenants
hereinafter contained and other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the parties hereto agree as follows:
1. The above recitals are true and correct and. incorporated hereto by reference.
2. Pursuant to Section 2 -408 of the Miami ' Beach City Code, as same may be
amended from time to time, service contractors shall.. be required to pay all
employees who provide services pursuant to this Contract, the, hourly living wage
rates based on the following three (3) year phase -in approach:
• Commencing with City fiscal year 2010 -11 (October 1, 2010), the hourly
living wage rate. will be $10.16 /hr. with health benefits, and $11.41/hr
without benefits;
• Commencing with City fiscal year 2011 -12 (October 1, 2011), the hourly
living. wage rate will be $10.72/hr with health benefits, and $12.17/hr
without benefits; and
• Commencing with City fiscal year 2012 -13 (October 1, 2012), the hourly
living rate will be $11.28/hr with health benefits, and $12:92/hr without
benefits.
3. Effective October 1, 2010 through September 30, 2011 the annual contract
amount is changed from $142,464, to $147,300.50 which represents a total,.
annual contract increase of no more than $4,836.50.
4. Effective October 1,. 2011 through September 30, 2012 the annual contract
amount is changed from $147,300.50, to $149,597.84, which represents a total
annual contract increase of no more than $2,297.34.
5. Effective 'October 1, 2012 through September 30, 2013 the annual contract
amount is changed from $149,597.84, to $151,864.95, which represents a total
annual contract increase of no more than $2,267.11.
6. Except as amended herein, all other terms and conditions of the Contract shall
remain in full force and effect.
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IN WITNESS WHEREOF, the parties hereto, have caused this Contract to be
executed by their appropriate officials, ,as of the date first entered above.
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FOR CITY: CITY OF MIAMI BEACH, FLORIDA
ATTEST:
By: Aj
City Clerk Citt a ge
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Date Date
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FOR CONTRACTOR ELAN .LAWN AND LANDSCAPE SERVICE, INC.
i ATTEST:
1
y:
Secretary ent
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P int Name Print Name
Date Date
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APPROVED AS TO
FORM & LANGUAGE
& FOR E OUT"
ity ttar e j (, , Date
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