Amendment No. 1 to the Agreement with Everglades Environmental Care, Inc.AMENDMENT NO. 1 TO THE AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH, FLORIDA
AND
EVERGLADES ENVIRONMENTAL CARE, INC.
FOR CONTRACT PURSUANT TO ITB 2014- 195 -LR
FOR GROUNDS MAINTENANCE SERVICES
This Amendment No. 1 (Amendment) to the Agreement, dated February 3, 2015, by and
between the City of Miami Beach, Florida, a municipal corporation organized and
existing under the laws of the State of Florida, having its principal place of business at
1700 Convention Center Drive, Miami Beach, Florida 33139 (City), and Everglades
Environmental Care, Inc., a Florida company, having its principal place of business at
16705 Norhwest 122 Avenue, Miami FL 33018 (Contractor), is entered into this p
day of X1'°'7 , 2018 (Effective Date) and hereby amends the Agreement as
follows:
RECITALS
WHEREAS, on December 17, 2014, the Mayor and City Commission approved the
award of Invitation to Bid ( "ITB ") No. 2014 - 195 -LR for grounds maintenance services for
the City's parks and athletic fields; and
WHEREAS, on February 3, 2015, the City and Contractor executed the Agreement
with respect to the ITB 2014 - 195 -LR (the Agreement), which services include
landscaping, irrigation maintenance and litter services for the City's parks and athletic
fields, as set forth in Attachment "B" of the Agreement; and
WHEREAS, the Agreement is subject to the City's Living Wage Ordinance (as
described below) per Appendix "A" Section 11 of the ITB 2014- 195 -LR; and
WHEREAS, at its meeting on October 18, 2017, the Mayor and City Commission
adopted Ordinance No. 2017 -4143 which Ordinance is attached as Exhibit A hereto
amending certain provisions of the City 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 and health benefit 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 January 1 2018; and
WHEREAS, using a "phase- in" approach, the new hourly living wage rates, as
approved by the City Commission, will be as follows:
• Effective January 1, 2018, covered employees must be paid a living wage rate of
no less than $ 11. 62 per hour with health care benefits of at least $2. 26 per
hour, or a living wage rate of no less than $ 13.88 per hour without health care
benefits; and
• Effective January 1, 2019, covered employees must be paid a living wage rate of
no less than $ 11. 70 per hour with health care benefits of at least $ 2. 74 per
C" 26
hour, or a living wage rate of no less than $ 14.44 per hour without health care
benefits; and
• Effective January 1, 2020, covered employees must be paid a living wage rate of
no less than $ 11. 78 per hour with health care benefits of at least $ 3.22 per
hour, or a living wage rate of no less than $ 15.00 without health care 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
NOW THEREFORE, in consideration of the mutual promises and conditions
contained herein, and other good and valuable consideration, the sufficiency of which is
hereby acknowledged, the City and Contractor hereby agree to amend the Agreement
as follows:
1. ABOVE RECITALS.
The above recitals are true and correct and are incorporated as part of this
Amendment.
2. MODIFICATIONS.
The Agreement is hereby modified to add the following:
(a) Appendix E "Cost Proposal Form" to the Agreement is deleted in its
entirety and replaced with the attached Amended Exhibit B.
(b) Retroactive pay for increase labor cost as a result of the Living Wage
ordinance for services provided to the City, pursuant to the Agreement,
from January 1, 2018 through March 30, 2018 in the total amount of
$1623.31
3. RATIFICATION.
Except as amended herein, all other terms and conditions of the Agreement shall
remain unchanged and in full force and effect. In the event there is a conflict
between the provisions of this Amendment and the Agreement, the provisions of this
Amendment shall govern.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be
executed by their appropriate officials, as of the date first entered above.
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.
FOR CITY:
ATTEST:
By:
CITY OF MIAMI BEACH, FLORIDA
Rafael E. nado, City ales, City Manager
Date
FOR CONTRACTOR: EVERGLADES ENVIRONMENTAL CARE, INC.
ATTEST:
By:
ecretary
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Print Name
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Date V
F: ATTO/TORG \GISELATORMS \AMENDMENTS \AMENDMENTTEMPLATE
APPROVED AS TO
FORM .8; LANGI.,' flE
& FOR EXECU
City Attorney
EXHIBIT A
LIVING WAGE ORDINANCE 2017 -4143