HomeMy WebLinkAboutExhibitAMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
This AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT (this
"Amendment"), is entered into this day of , 2008, (the "Effective Date"),
between the City of Miami, a Florida municipal corporation (the "City"), and Charlie
Delucca, an individual resident of Miami -Dade County, Florida, and Delucca Enterprises,
Inc., a Florida corporation ("Delucca Enterprises"), as the permitted successor -in -interest
to Charlie Delucca.
RECITALS
WHEREAS, the City engaged Charlie Delucca to provide certain professional
services in accordance with a Professional Services Agreement between the City and
Charlie Delucca, dated June 1, 2004, (the "Agreement");
WHEREAS, by Resolution 07-0691 adopted December 13, 2007, the City has
extended the term of the Agreement through September 30, 2008;
WHEREAS, Charlie Delucca wishes to assign his rights and obligations under the
Agreement to Delucca Enterprises and the City, by execution hereof, consents to said
assignment; and
WHEREAS, the City and Delucca Enterprises want to extend the term through
September 30, 2011, and to amend certain portions of the Agreement pursuant to this
Amendment;
NOW, THEREFORE, in consideration of the premises and the mutual covenants
and obligations herein contained, the receipt and sufficiency of which are hereby
acknowledged, the parties agree as follows:
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I. RECITALS. The recitals set forth above are true and correct in all
respects and are incorporated herein by this reference.
2. TERM. The term of the Agreement, as extended by Resolution No. 07-
0691, is further extended to continue through and including September 30, 2011.
3. IMPROVEMENTS TO GOLF COURSE FACILITY. Provider's
responsibilities shall include the operation of any new clubhouse facility or other similar
improvements that may be made to the Golf Course Facilities, at the option of the City on
such terms as may be negotiated between the City and Delucca Enterprises.
4. COMPENSATION. From the Effective Date through September 30,
2008, the amount of annual compensation payable by the City to Provider shall be One
Hundred Ten Thousand Dollars ($110,000.00). For the Fiscal Year of October
1, 2008, through September 30, 2009 (each twelve month period from
October 1 through September 30, is referred to herein as a "Fiscal Year"),
the amount of annual compensation shall equal One Hundred Seventeen
Thousand Dollars ($117,000.00). The amount of annual compensation payable
during each Fiscal Year thereafter shall be increased by an annual three percent (3%) cost
of living adjustment with the first such increase to occur on October 1, 2009. Annual
compensation shall be payable in equal monthly installments.
5. LIVING WAGE ORDINANCE. Effective on the Effective Date, the
wages and salaries paid to all employees at the Golf Course Facilities shall be subject to
the provisions of City Code, Article X, §§ 18-556, et seq., providing living wage
requirements for service contracts and City employees (the "Living Wage Ordinance"),
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and the City shall adjust its budget and payments for the operations of the Golf Course
Facilities accordingly.
6. CITY'S ACCEPTANCE OF SUCCESSOR. As of the Effective Date,
the City, by execution of this Amendment, accepts Delucca Enterprises as the Provider
under the Agreement, and Delucca Enterprises shall be, and hereby is substituted as,
Provider under the Agreement as amended by this Amendment. Delucca Enterprises
represents that Charlie Delucca will be primarily responsible for the performance of
Provider's obligations under the Agreement.
7. AMENDMENT OF AGREEMENT. Except as specifically modified
herein, all the terms and conditions of the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have caused this Amendment to be duly
executed as of the Effective Date.
ATTEST: CITY OF MIAMI, a Florida
municipal corporation
By:
Priscilla A. Thompson, City Clerk Pedro G. Hernandez, City Manager
ATTEST: DELUCCA ENTERPRISES, INC.,
a Florida corporation
By:
Print Name: Charlie Delucca, President
APPROVED AS TO FORM
AND CORRECTNESS: Charlie Delucca, individually as to
paragraph 6
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Julie 0. Bru, City Attorney
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