Amendment No. 2 to the Agreement with Everglades Environmental Care, Inc. C 2:13
DocuSign Envelope ID:939211C7-1FF6-40E4-A723-OE6FAF87C9CD l 2--A7 `
AMENDMENT NO. 2 TO THE CONTRACT
BETWEEN
THE CITY OF MIAMI BEACH, FLORIDA
AND
EVERGLADES ENVIRONMENTAL CARE, INC.
FOR CONTRACT PURSUANT TO ITB 2014-195-LR
FOR GROUNDS MAINTENANCE SERVICES— PARKS AND ATHLETIC FIELDS
This Amendment No. 2 ("Amendment")to the Contract, effective December 17, 2014, 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 Northwest 122 Avenue, Miami FL 33018 ("Contractor"), is entered into this 15
day of April , 2021 ("Effective Date") and hereby amends the Contract 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-
Parks and Athletic Fields (the "ITB"); and
WHEREAS, on February 3, 2015, the City and Contractor executed the Contract
with respect to the ITB (the "Contract"), which services include Group I — North Beach as
primary, and for Group II-South Beach as secondary; and
WHEREAS, the Contract is subject to the City's Living Wage Ordinance (as
described below) per Appendix"A" Section 11 of the ITB; and
WHEREAS, on May 17, 2018, the City Manager and Contractor executed
Amendment No. 1 to reimburse the Contractor for the increase labor cost as a result of
the modifications to the Ordinance which ultimately increased the living wage rate to
$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, on January 16, 2020, the City Commission approved a month to
month renewal of the Contract; and
WHEREAS, each year, as part of the annual budget process, the City Commission
considers whether or not it desires to revise or maintain the proposed living wage rates
via the Ordinance; and
WHEREAS, on September 16, 2020, the Mayor and City Commission adopted
Resolution No. 2020-31399 accepting the recommendation of the Finance and Economic
Resiliency Committee to increase the living wage rate by one percent, to no less than
$11.90 per hour with health care benefits of at least $3.25 per hour, or $15.15 per hour
without health care benefits, for calendar year 2021, and delegating the authority to the
Page 1 of 6
DocuSign Envelope ID:939211 C7-1FF6-40E4-A723-OE6FAF87C9CD
City Manager to amend any contract, as necessary in order to implement the one percent
increase to the living wage rate.
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 Contract as
follows:
1. ABOVE RECITALS.
The above recitals are true and correct and are incorporated as part of this
Amendment.
2. MODIFICATIONS.
The Contract is hereby modified (deleted items struck through and inserted items
underlined)as follows:
(a) A new Section 73(INSPECTOR GENERAL AUDIT RIGHTS) is hereby added to
Section 0200 (Instructions to Bidders)of the Contract:
73 INSPECTOR GENERAL AUDIT RIGHTS
A. Pursuant to Section 2-256 of the Code of the City of Miami Beach, the City has
established the Office of the Inspector General which may, on a random basis,
perform reviews, audits, inspections and investigations on all City contracts,
throughout the duration of said contracts. This random audit is separate and
distinct from any other audit performed by or on behalf of the City.
B. The Office of the Inspector General is authorized to investigate City affairs and
empowered to review past, present and proposed City programs, accounts,
records, contracts and transactions. In addition, the Inspector General has the
power to subpoena witnesses, administer oaths, require the production of
witnesses and monitor City projects and programs. Monitoring of an existing City
project or program may include a report concerning whether the project is on time,
within budget and in conformance with the contract documents and applicable law.
The Inspector General shall have the power to audit, investigate, monitor,oversee,
inspect and review operations, activities, performance and procurement process
including but not limited to project design, bid specifications, (bid/proposal)
submittals, activities of the Contractor, its officers, agents and employees,
lobbyists, City staff and elected officials to ensure compliance with the contract
documents and to detect fraud and corruption. Pursuant to Section 2-378 of the
City Code, the City is allocating a percentage of its overall annual contract
expenditures to fund the activities and operations of the Office of Inspector
General.
C. Upon ten (10) days written notice to the Contractor, the Contractor shall make all
requested records and documents available to the Inspector General for inspection
and copying. The Inspector General is empowered to retain the services of
independent private sector auditors to audit, investigate, monitor, oversee, inspect
and review operations activities, performance and procurement process including
but not limited to project design, bid specifications, (bid/proposal) submittals,
activities of the Contractor its officers, agents and employees, lobbyists, City staff
Page 2 of 6
DocuSign Envelope ID:939211 C7-1FF6-40E4-A723-0E6FAF87C9CD
and elected officials to ensure compliance with the contract documents and to
detect fraud and corruption.
D. The Inspector General shall have the right to inspect and copy all documents and
records in the Contractor's possession, custody or control which in the Inspector
General's sole judgment, pertain to performance of the contract, including, but not
limited to original estimate files,change order estimate files,worksheets, proposals
and agreements from and with successful subcontractors and suppliers,all project-
related correspondence, memoranda, instructions, financial documents,
construction documents, (bid/proposal) and contract documents, back-change
documents, all documents and records which involve cash, trade or volume
discounts, insurance proceeds, rebates, or dividends received, payroll and
personnel records and supporting documentation for the aforesaid documents and
records.
E. The Contractor shall make available at its office at all reasonable times the records,
materials, and other evidence regarding the acquisition (bid preparation) and
performance of this Contract,for examination, audit, or reproduction, until three (3)
years after final payment under this Contract or for any longer period required by
statute or by other clauses of this Contract. In addition:
1. If this Contract is completely or partially terminated, the Contractor shall
make available records relating to the work terminated until three (3) years
after any resulting final termination settlement; and
2. The Contractor shall make available records relating to appeals or to
litigation or the settlement of claims arising under or relating to this Contract
until such appeals, litigation, or claims are finally resolved.
F. The provisions in this section shall apply to the Contractor, its officers, agents,
employees, subcontractors and suppliers. The Contractor shall incorporate the
provisions in this section in all subcontracts and all other agreements executed by
the Contractor in connection with the performance of this Contract.
G. Nothing in this section shall impair any independent right to the City to conduct
audits or investigative activities. The provisions of this section are neither intended
nor shall they be construed to impose any liability on the City by the Contractor or
third parties.
(b) Subsection 4.3, entitled "CONTRACTOR'S PERSONNEL", of Appendix D
(Special Conditions) of the Contract is hereby deleted in its entirety and replaced
with the following:
4.3 CONTRACTOR'S PERSONNEL: Contractor shall employ personnel
competent to perform the work specified herein.
4.3.1 Worker Documentation. Contractor's personnel shall be United States
citizens or in possession of appropriate documentation permitting the employees
to work in Dade County. Contractor shall comply with Section 448.095, Florida
Statutes, "Employment Eligibility" CE-Verify Statute"), as may be amended from
time to time. Pursuant to the E-Verify Statute, commencing on January 1, 2021,
Contractor shall register with and use the E-Verify system to verify the work
authorization status of all newly hired employees during the Term of the
Contract. Additionally, Contractor shall expressly require any subcontractor
performing work or providing services pursuant to the Contract to likewise utilize
Page 3 of 6
DocuSign Envelope ID:939211 C7-1FF6-40E4-A723-0E6FAF87C9CD
•
the U.S. Department of Homeland Security's E-Verify system to verify the
employment eligibility of all new employees hired by the subcontractor during the
contract Term. If Contractor enters into a contract with an approved subcontractor,
the subcontractor must provide the Contractor with an affidavit stating that the
subcontractor does not employ, contract with, or subcontract with an unauthorized
alien. Contractor shall maintain a copy of such affidavit for the duration of the
Contract or such other extended period as may be required under this Contract.
4.3.1.1 Termination Rights.
4.3.1.1.1 If the City has a good faith belief that Contractor has
knowingly violated Section 448.09(1), Florida Statutes, the City
shall terminate this Contract with Contractor for cause, and the City
shall thereafter have or owe no further obligation or liability to
Contractor. •
4.3.1.1.2 If the City has a good faith belief that a subcontractor
has knowingly violated the foregoing Subsection 4.3.1, but the
Contractor otherwise complied with such subsection, the City will
promptly notify the Contractor and order the Contractor to
immediately terminate the agreement with the
subcontractor. Contractor's failure to terminate a subcontractor
shall be an event of default under this Contract, entitling City to
terminate the Contractor's contract for cause.
4.3.1.1.3 A contract terminated under the foregoing
Subsection 4.3.1.1.1 or 4.3.1.1.2 is not in breach of contract and
may not be considered as such.
4.3.1.1.4 The City or Contractor or a subcontractor may file an
action with the Circuit or County Court to challenge a termination
under the foregoing Subsection 4.3.1.1.1 or 4.3.1.1.2 no later than
20 calendar days after the date on which the contract was
terminated.
4.3.1.1.5 If the City terminates the Contract with Contractor
under the foregoing Subsection 4.3.1.1.1, Contractor may not be
awarded a public contract for at least 1 year after the date of
termination of this Contract.
4.3.1.1.6 Contractor is liable for any additional costs incurred
by the City as a result of the termination of this Contract under this
Subsection 4.3.1.
4.3.2. Background Screening. The Contractor may upon request submit all
employees to a background check assigned to this Contract at no cost to the City,
in compliance with local, state and federal laws.The Contractor shall conduct a full
criminal background check at its own expense on each of its employees engaged
in providing services under this ITB or any resulting agreement prior to the
commencement of said services. Any Contractor employee eligible to perform
work pursuant to this ITB, or resulting agreement, shall require the prior approval
of the HR Department if he or she: (1) has been convicted of or was placed in a
pre-trial diversion program for any crime involving dishonesty or breach of trust;
embezzlement; drug trafficking; forgery; burglary; robbery; theft; perjury;
possession of stolen property; identity theft; fraud; money laundering; shoplifting;
larceny; falsification of documents and/or (2) has been convicted of any sex,
weapons, or violent crime including but not limited to homicide; attempted
homicide; rape; child molestation; extortion; terrorism or terrorist threats;
Page 4 of 6
DocuSign Envelope ID:939211C7-1FF6-40E4-A723-0E6FAF87C9CD
kidnapping; assault; battery; and illegal weapon possession, sale or use. The
Contractor shall defend, indemnify and hold the City, its officers, employees, and
agents harmless from and against any and all liability, loss, expense (including
reasonable attorney's fees) or claims for injury or damages arising out of its failure
to comply with this requirement. The City shall have the right to refuse to allow
any potential employee of the Contractor to work on City property when it deems
that their presence on City property is not in the City's best interest.
4.3.3 RIGHT OF REMOVAL—The City reserves the right to request the removal
of the Contractor's employees, a subcontractor, and an individual subcontractor
employee from performing maintenance on the City's grounds where the
employee's performance/actions are obviously detrimental to the Contractor
meeting the landscape maintenance quality objective and/or fails to follow proper
conduct guidelines.
(c) Subsection 4.5, entitled "UNIFORMS", of Appendix D (Special Conditions) of the
Contract is hereby modified to include the following new sentence at the end of
said Subsection:
Contractor's personnel must wear photo identification at all times.
(d) Based upon approved Resolution No. 2020-31399, effective January 1, 2021,
CONTRACTOR will invoice the City, on a monthly basis, an additional $2.04 per
hour($0.57 for the living wage impact and $0.06 for related payroll taxes approved
in 2018, $0.56 for the living wage impact and $0.06 for related payroll taxes
approved in 2019, $0.56 for the living wage impact and $0.06 for related payroll
taxes approved in 2020 and$0.15 for the living wage impact and$0.0165 for related
payroll taxes approved in 2021)for employees working under the Contract, to cover
the increase in the minimum hourly wage rate, based upon the applicable minimum
wage rate of$15.15 per hour.
3. RATIFICATION.
Except as amended herein, all other terms and conditions of the Contract shall
remain unchanged and in full force and effect. In the event there is a conflict
between the provisions of this Amendment and the Contract,the provisions of this
Amendment shall govern.
The remainder of this page is left blank intentionally.
Page 5 of 6
DocuSign Envelope ID:939211C7-1FF6-40E4-A723-0E6FAF87C9CD
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be
executed by their appropriate officials, as of the date first entered above.
FOR CITY: CITY OF MIAMI BEACH, FLORIDA
ATTEST:
DocuSigned by: --DocuSigned by:
lectati, f. autah rat& /11,tiia
By:
'a ie 7 r. riac-1-c--$, City Clerk Raul J.
4/15/2021 9:03 EDT Interim City Manager
1
Date
FOR CONTRACTOR: EVERGLADES ENVIRONMENTAL
CARE, INC.
ATTEST:
• i
By: obLt Nsv.00.44(..„ . /7
Secretary Pr:sident
(&Q Akj)e.,u tst,t,AA.A.,
12IaM40.5- '11€-I-lie
Print Na e Print Name
rr\
Date
APPROVE[.) AS 10
FORM & t,t't.NGtif‘Gt.',
Fi: =(..)R EXECkMON
AttavAThizt ,,-, CitfitillioLl
' 1,ktry-
Page 6 of 6
. ,..,-